Dear friends, pl circulate to all With regards Pradeep
EMPOWERING PERSONS WITH DISABILITIES STATISTICS 5.196 According to NSSO, 2002, persons with disabilities constitute only 1.8 per cent of the population. Whereas, according to Census, 2001, persons with disabilities constitute 2.13 per cent of the total population. Both are underestimates. According to United Nation's ESCAP Disability Programme, the proportion of disabled people among total population in the Asia-Pacific region varies from 0.7 per cent (Cook Islands) to 20.0 per cent (Australia and New Zealand). In our immediate neighbourhood, Bangladesh reported 5.6 per cent; China 6.3 per cent; whereas Sri Lanka reported 7.0 per cent of disabled people among their respective total population. The percentage of disabled people among the total population of any Nation is primarily dependent on (a) the definition of 'disability' of that particular country; and (b) the enumeration methodology as well as accuracy. In India, a serious deficiency in the Census data occurred due to adoption of a definition, which is very different from the definitions in the Persons with Disabilities Act, 1995.There is an urgent need for the setting up of proper definitions and a system of data collection relating to persons with disabilities, both for Census and Sample Surveys. For the purposes of the Eleventh Plan, it can be safely assumed that even at a conservative level, persons with disabilities constitute anywhere between 5 to 6 per cent of our total population. CONSTITUTIONAL PROVISIONS & OTHER LEGAL / POLICY FRAMEWORK 5.197 Article 14 of the Constitution of India guarantees that no person will be denied equality before the law. The State is directed to provide relief and help to the disabled and the unemployable, vide Entry 9 in the List II of Seventh Schedule. Article 41 states that the State shall, within the limits of its economic capacity and development, make effective provisions for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement. Additionally, there are four legislations specifically directed towards the protection, welfare, rehabilitation and development of people with disabilities, viz. Mental Health Act, 1987; Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999 and Rehabilitation Council of India Act, 1992. In addition to the legal framework, a comprehensive "National Policy for Persons with Disabilities" has been announced in February, 2006. Section 40 of the Persons with Disabilities Act, 1995, enjoins the State to allocate "not less than three per cent" in all poverty alleviation schemes for the benefit of disabled people. POLICIES AND PROGRAMMES - A REVIEW 5.198 In the Ninth Plan itself, the approach and focus towards disabled people radically shifted from the 'Welfare Approach' to the rights based approach. The highlight of this Plan period was the coming into force of a comprehensive legislation viz. the Persons with Disabilities Act, 1995. The Government passed another landmark legislation in 1999, namely the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act. Both these enabling legislations provide for a wide range of activities, which include - issuance of disability certificates and prevention & early detection of disabilities (Health); promoting the integration of disabled students in mainstream schools and removal of architectural barriers from schools, colleges and universities (Education); providing incentives to private sector employers to ensure that at least five per cent of their work force is composed of persons with disabilities (Finance); framing a scheme for payment of an un-employment allowance to those disabled people who were registered with a Special Employment Exchange for over two years and could not be placed in any gainful employment (Labour); etc. Several specific disability groups have their own requirements, which include - all websites should comply with Web Content Accessibility Guidelines so that people with visual impairments can also access them (Information Technology); all television programmes should be sub-titled so that hearing impaired people can also enjoy them (Information & Broadcasting); extensive additional support for the educational needs of children with multiple disabilities, like Deafblind (Human Resource Development); primary prevention through awareness building around mental health with a specific focus on people with psychosocial and mental disabilities (Health, as well as Information & Broadcasting); etc. This list is illustrative only. 5.199 Taking serious note of the extremely slow pace of the implementation of the above mentioned enabling legislations, the Tenth Plan reaffirmed the earlier commitment to empower disabled people with the right to demand an enabling environment wherein they can enjoy protection of their rights, equal opportunities and full participation in various developmental, civil and political activities. To give added thrust to the various provisions and the institutional framework, a multi-sectoral and a multi-collaborative approach was advocated. In the Tenth Plan, it was clearly stated that the Persons with Disabilities Act provides for a wide range of activities and that its implementation would have to be a multi-sectoral and multi-collaborative endeavour of ALL the concerned Ministries / Departments, both at the Centre as well as the States. This would be possible only through clear-cut delineation of responsibilities to the concerned Ministries / Departments. It was further stated that the Ministry of Social Justice and Empowerment should play a lead role, being the nodal Ministry, to ensure adherence to the prescriptions of the Act. In the Tenth Plan, it was further mandated that an "all out effort will be made towards its effective enforcement, on a priority basis". The concerned Ministries / Departments were expected to formulate detailed rules and guidelines for the effective implementation of the Act, besides monitoring / reporting the progress on a regular basis. The monitoring mechanisms set up at various levels were to be activated and a "review system" was to be developed to "ensure regular flow of the feedback from all the concerned on the progress of the implementation of the Act on a regular and continuing basis till the targets set are achieved". To ensure adequate financial support, the Tenth Plan advocated the introduction of a 'Component plan for the Disabled' in the budget of all the concerned Ministries/ Departments. 5.200 The progress achieved during the Tenth Plan is summed up below: According to the Persons with Disabilities Act, 1995, 3% reservation in employment is being provided to disabled people against identified posts. Vocational training facilities were expanded. At present, there exist 852 government - run and 105 private - run Industrial Training Institutes (ITIs), which provide 3 per cent reservation in seats for persons with disabilities. The Swarnjayanti Gram Swarozgar Yojana (SGSY), Indira Awaas Yojana (IAY), National Rural Employment Guarantee Act (NREGA) and Sampoorna Grameen Rozgar Yojana (SGRY) provide for 3 % reservation / benefits to disabled people. National Handicapped and Finance Development Corporation (NHFDC) continued to provide loans on concessional terms for undertaking self – employment ventures to promote economic development activities and self – employment ventures for the benefit of persons with disability. ADIP scheme provides aids and appliances. To enhance the economic potential of disabled people, 128 District Disability Centres (DDRCs) have been made operational by the end of the Tenth Plan. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability, has registered 731 NGOs so far. The scheme to promote voluntary action for persons with disabilities has been under implementation. During 2005 - 2006, 1533 Voluntary Organizations were financially supported towards providing a shelf of services to 1.8 lakh persons with disability. Government has been encouraging education amongst persons with disabilities. Five hundred scholarships were provided every year during the Tenth Plan to pursue higher and professional courses. Ministry of Health & Family Welfare has a number ongoing programmes which have a direct bearing on the prevention and reduction of the incidence of various disabilities. APPROACH TO THE ELEVENTH PLAN - THE PATH AHEAD 5.201 In-spite of the two enabling legislations, the various provisions contained therein and the institutional framework; and two Plan periods having got exhausted, the ground reality is still not very different. Not much headway has been made in the effective implementation of the Persons with Disabilities Act, 1995. The commitment made in the Tenth Plan of 'Reaching the Un-reached' remains un-fulfilled. 5.202 Therefore, the Eleventh Plan should be pragmatic in its approach, keeping in mind the ground realities. A serious effort needs to be made to genuinely empower the disabled population of our country, by identifying weaknesses, strengths, opportunities and threats in policy planning, development and implementation of programmes for people with disabilities. Also, special attention needs to be focussed on monitoring mechanisms to ensure that at least this time, policies and entitlements of persons with disabilities are translated into real action. 5.203 The Eleventh Plan re–affirms the earlier commitments as made under the Ninth Plan (Empowering the Persons with Disabilities) and the Tenth Plan (Reaching the Un-reached). Our endeavour in the next five years would be to make as many disabled people as possible active, self-reliant and productive contributors to national development. 5.204 The Persons with Disabilities Act, 1995, has already generated a lot of awareness among disabled people. It has made them conscious of their rights and has raised their expectations towards a better future. 5.205 The National Policy for Persons with Disabilities was adopted in 2006. It recognizes that disabled people are valuable human resources for the country. The policy focuses primarily on prevention of disability, early detection and appropriate intervention, physical and economic rehabilitation measures, inclusive education, employment in the public as well as the private sector and self – employment, creation of a barrier-free environment and development of rehabilitation professionals. 5.206 A significant achievement during the Tenth Plan has been the ratification of the United Nations Convention on the Rights of People with Disabilities (UNCRPD). It enjoins upon India to ensure that all the various rights as enshrined in the Constitution, the current legislations, as well as UNCRPD, are speedily and effectively operationalized. INITIATIVES DURING THE ELEVENTH FIVE YEAR PLAN 5.207 On 1st October, 2007, India ratified the UNCRPD. By doing this, India reaffirmed its commitment towards the International Policy Framework in respect of persons with disabilities. This enhanced our prestige in the international community. It is, therefore, now obligatory upon us to incorporate the essence of the convention in our planning, implementation, monitoring and review processes. The basic eight principles of the Convention are: (a) respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons with disabilities; (b) non-discrimination; (c) full and effective participation and inclusion in society; (d) respect for difference and acceptance of disabled people as part of human diversity and humanity; (e) equality of opportunity; (f) accessibility; (g) equality between men and women; and (h) respect for the evolving capacities of children with disabilities and respect for their right to preserve their identities. There is an urgent need to review all the four disability legislations simultaneously and to amend them suitably. Other national laws will also have to be reviewed and amended, to bring them in consonance with the UNCRPD. 5.208 In the Eleventh Plan, a firm four – pronged approach is necessary – (1) Delineate clear – cut responsibilities amongst concerned Ministries / Departments; (2) Concerned Ministries / Departments to formulate detailed rules and guidelines within 6 months of the approval of the Eleventh Plan; (3) Ensure that each concerned Ministry / Department shall reserve not less than 3% of their annual outlay for the benefit of persons with disability as enjoined in the Persons with Disability Act, 1995; (4) Set up monitoring mechanisms at various levels and develop a review system, so that the progress or the lack of it can be monitored on a regular and continuing basis. 5.209 The 'Disability Division' of the Ministry of Social Justice and Empowerment shall be strengthened with the status of a separate 'Department', so that they can effectively liaise with all the concerned Ministries / Departments and ensure that they fulfil their responsibility towards disabled persons, including the financial support enjoined on them. 5.210 Chapter XII of the Persons with Disabilities Act, 1995, mandates the appointment of the Chief Commissioner for Persons with Disabilities (CCPD) at the Central level and Commissioners at the State level to look into complaints of deprivation of rights of persons with disabilities, non-implementation of laws, rules, regulations and executive orders, etc. CCPD is expected to (a) coordinate the work of the Commissioners; (b) monitor the utilisation of funds; and (c) safeguard the rights of disabled people. Thus far, the functioning of the CCPD and of the Commissioners at the State level has been marginal. During the first year of the Eleventh Plan, forceful steps shall be taken to strengthen these offices so that they can exercise the powers that are conferred upon them more vigorously. These offices must be given adequate professional support and budgetary support, so that they can perform their functions effectively. CCPD, as well as the Commissioners at the State level, shall be made more independent. Their recommendations shall be made binding on the Centre as well as the State and local level authorities. They should ensure that the different Ministries / Departments perform their functions in relation to people with disabilities. 5.211 Since the National Institutes play a pivotal role in the empowerment of people with disabilities, it is essential that these Institutes be strengthened as Centres of Excellence on par with international standards for undertaking the following tasks: training of professionals, capacity building, technology transfer and research. In the case of NIHH, the Director should be well versed in sign language or should acquire this skill upon his posting so as to be able to make direct contact with deaf persons and establish rapport with them. To promote greater accessibility and barrier – free environment, the Eleventh Plan will give special thrust through the setting up of a new 'National Institute of Universal Design'. All National Institutes must undertake activities of community outreach to meet the needs of neglected disabled people in slums, tribal belts, semi – urban and rural areas. 5.212 To enhance the economic potential of persons with disabilities, 199 District Disability Rehabilitation Centres (DDRCs) for comprehensive service in the community setting were sanctioned. By the end of the Tenth Plan, only 128 have been made operational. The Eleventh Plan will undertake urgent steps to ensure that the remaining 71 be also operationalized. Not only that, a concerted effort shall be made to extend the scheme to another 101 Districts, so that before the end of the Eleventh Plan, at least 300 Districts of India are covered. In the selection of the new 101 Districts under the Eleventh Plan, special care would be taken to cover those Districts which are truly backward and in lagging regions, where the prevalence of disability is higher and where services as well as facilities for them are meagre than other parts of the country. 5.213 The Scheme of Assistance to Disabled Persons for Purchase / Fitting of Aids / Appliances (ADIP), launched in 1981, was supposed to provide durable, sophisticated and scientifically manufactured, modern, standard aids and appliances to people with disabilities in order to promote their physical, social and psychological rehabilitation. However, due to the lack of awareness, very few disabled people are able to benefit from this Scheme. The Eleventh Plan will endeavour to create massive awareness about ADIP and other such Schemes so that maximum number of disabled people may be benefitted. This is that one Scheme concerning a basic necessity that shall be universalised. Any disabled person should be able to approach the District Magistrate and derive maximum benefit from under this Scheme. The income ceiling for availing assistance shall be raised to Rs. 10,000/- p.m. Moreover, the ceiling for purchase / fitting of aids and appliances should also be enhanced to Rs. 25,000/- p.m. ALIMCO should not be a monopoly supplier. For manufacturing these aids and appliances, there is a need to enhance the production capacity. The approach should be to provide the best assistive devices by encouraging multiple manufacturers and even through imports. The Eleventh Plan shall allocate adequate funds for strengthening of this Scheme. 5.214 The efforts of the Eleventh Plan would be to ensure that all Commercial Banks, Regional Rural Banks (RRBs) and Cooperatives should provide loans to disabled people on concessional terms for undertaking self – employment ventures. Credit for disabled people to engage themselves in viable ventures and enterprises shall be included in the Priority Sector and NABARD should ensure the flow of credit through appropriate re – financing mechanisms. 5.215 The Eleventh Plan will ensure the determined implementation of the various rights as conferred upon disabled people by the Persons with Disabilities Act, 1995 and the UNCRPD under the following six broad heads – (1) Health; (2) Education; (3) Employment; (4) Accessibility; (5) Affirmative Action; and (6) Research and Manpower Development. For the sake of brevity, they are not being repeated here. 5.216 Other than what has been already stated in the Ninth Plan and the Tenth Plan, the following path-breaking measures will be undertaken during the Eleventh Plan: ► The Health Ministry shall ensure that before the end of Eleventh Plan, every disabled person shall possess a Disability Certificate. This certificate is the essential tool with the help of which a disabled person is able to prove her / his identity as a person with disability and thus, procure whatever concessions, etc. are available. A process shall be established, wherein a disabled person is able to get her / his disability certificate within 30 days of making an application. The responsibility to ensure this shall rest with the concerned District Magistrate. ► The Eleventh Plan shall support the vigorous implementation of the Comprehensive Action Plan for the Inclusive Education of Children & Youth with Disabilities (IECYD), as announced by the HRD Minister in 2005. A commitment has been given in the Parliament that Education would be made disabled friendly by 2020. If this commitment is to be fulfilled, then certain urgent steps are necessary, which include the setting up of a Disability Unit in UGC, AICTE, NCERT, Kendriya Vidyalaya Sangathan, and all other apex education bodies. The scholarships provided by the Central government and stipends for pre-metric education mostly provided by the States should be made equivalent to similar scholarships and stipends given to candidates belonging to the Scheduled Castes and Scheduled Tribes. The scheme for post-graduate and professional education initiated in the Tenth Plan should be strengthened and expanded in the Eleventh Plan. Further, deserving persons with disabilities should be supported for training/education abroad, especially in subjects which would empower the field of disability. ► Persons with disability can and should become productive contributors in the development process of the country. At present the identification of jobs relevant for them is done in an ad hoc and arbitrary manner. There is need to have this task performed by a professional group with the involvement of Disabled Peoples' Organizations (DPOs). The backlog of vacancies not filled by eligible persons with disability continues to be large, both at the Centre and in the States. This backlog should be cleared in a time-bound manner and on a campaign mode. Similarly a suitable Scheme to provide incentives to promote employment for disabled people in private sector, both organized and unorganized should be put in place as enjoined in Section 41 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. ► India's record in providing barrier free built environment is ominously cheerless. In the Eleventh Plan, a concerted effort should be made to provide all public buildings and facilities such as schools, hospitals, public transport etc. compliant with these requirements. Towards this end the building bye-laws, municipal and civic regulations, the relevant codes for construction and designs should all incorporate the requirements for a barrier free environment. Similarly all shops / malls and similar places open to public should be insisted upon to provide barrier free environment. In the Eleventh Plan a National Centre to facilitate and support the development of universal design and barrier free built environment shall be established and made functional as soon as possible. ► Detection of mental disabilities, mental disorders, mental illness, and disabilities due to mental health and psychological issues is critical in the process of addressing mental well-being through both preventive and curative measures. It is vital to recognize that physical disabilities usually coexist with, and lead to, mental disturbance and ill health. The Eleventh Plan will emphasize and adopt proactive measures in the multipronged, cross sectoral approach to identifying, preventing, managing, treating and rehabilitating persons with such disabilities. Specific focus will be on awareness drives, defining the various kinds of disabilities, generating sensitive and valid census data, inclusion in all areas of development through appropriate operational measures, and community based treatment and rehabilitation approaches. Efforts will be made to strengthen and generate trained multi-tiered human resources to address the growing magnitude of mental disabilities. Emphasis on research to generate adequate relevant data in the country and culturally valid rehabilitative measures would be a key area of focus. ► The needs of persons with hearing and / or speech impairment have been relatively neglected so far. In the Eleventh Plan a determined effort will be made on mainstreaming this sector. The interventions planned shall provide access to information in all its forms. A large number of sign language interpreters need to be developed for hearing impaired people to access health, employment and legal services. Sub-titling and captioning of all recorded information and similar support services is essential to the full participation of these people. Therefore, during the Eleventh Plan period a Sign Language Research and Training Centre will be established which will be devoted to the development and promotion of sign language and training of teachers and interpreters and a National Captioning Centre to provide sub-titling and captioning services. At least one residential special school upto 12th grade for the deaf in every State and one Degree College for the deaf in every zone should be established to promote their educational development. To unsubscribe send a message to [EMAIL PROTECTED] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
