Initiatives of the Government of India to Advance Asia & Pacific Decade of Disabled Persons

By Anuradha Mohit (nab@vsnl.com)
 

India has a federal form of Government with a fairly strong centre, with 25 states and 7 union territories. There is one constitution, which is the fundamental law of the country. This constitution also provides for the powers and functions of different organs of the government like the legislature, the Executive and the Judiciary.

It also contains the lists of items over which Central Government and the State Governments have jurisdiction. There are three lists - Union list having the items on which the Parliament has the power to legislate, State List having the items over which the State Legislatures have power to legislate and Concurrent list having items over which both Parliament and State legislatures have Concurrent jurisdiction.
 

Background

Until the recent past there was no comprehensive law for persons with disabilities. The first attempt was made in July, 1980 when a Working Group was set up. A draft legislation known as "Disabled Persons (Security & Rehabilitation) Bill, 1981 was prepared. As we well know, 1981 was also International Year of Disabled Persons. In the year 1987-88 a Committee was constituted under the Chairmanship of Member of Parliament Shri Bharul Islam who was the former Judge of Supreme Court. The Committee submitted its report in June 1988 and it made wide-ranging recommendations concerning the various aspects of rehabilitation, e.g., prevention, early intervention, education, training, employment etc. These recommendations, however, could not be enacted into a law.

It should also be mentioned that since welfare of the Disabled is a State subject, Indian Parliament lacked jurisdiction in passing a comprehensive legislation at the national level.

The Economic and Social Commission for Asia and the Pacific at its 40th Session held at Beijing in 1992 adopted its Resolution 48/3 which proclaimed the period 1993-2002 as the Asia and the Pacific Decade of Disabled Persons with a view to give impetus to the implementation of World Programme of Action in the ESCAP Region beyond 1992. India is a signatory to the ESCAP Resolution. The Resolution laid emphasis on enactment of legislation aimed at equal opportunities for people with disabilities, protection of their rights and prohibition of abuse and neglect of these persons and discrimination against them. Under article 253 of the Constitution of India, Parliament can enact a law even in respect of a subject of State List in order to give effect to international conference. This made it possible for Indian Parliament to enact a comprehensive law for persons with disabilities.

In September 1993 a National Conference of eminent NGOs, State Governments and various associated Ministries of the Government of India was organised which inter-alia recommended enactment of a comprehensive legislation. As a result of the Government of India's commitment at ESCAP Conference, recommendation of the National Conference, recommendation of the previous Committees and strong NGO movement in the country, the process of discussion and consultation for drafting a comprehensive law was started in right earnest towards the end of 1993. Initially a draft was prepared and it was circulated to all the State Governments, eminent NGOs of the country, professionals and the other concerned Ministries of the Government of India.

Many Conferences of the State Governments and NGOs were held. NGOs and self-help groups discussed this draft thoroughly by holding meetings in different parts of the country and they gave detailed suggestions to the Government.
 

Comprehensive Act

As a result, a comprehensive Act known as Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 (Act 1 of 1996) was unanimously passed by both the houses of Parliament on 22nd December 1995, which got the assent of the President on 1st January 1996. A great gift in the New Year to the disabled brothers and sisters of the country! The Act has 14 chapters and seeks to:

a) spell out the state's responsibility towards prevention of impairments and protection of disabled people's rights in health, education, training, employment and rehabilitation;

b) work to create a barrier-free environment for disabled people;

c) work to remove discrimination in the sharing of development benefits;

d) counteract any abuse or exploitation of disabled people;

e) lay down strategies for a comprehensive development of programmes and services and for equalization of opportunities for disabled people; and

f) make provision for the integration of disabled people into the social mainstream.

The Act has been in effect from 7th February, 1996.
 

Enforcement

One of the weaknesses of much of the legislation has been that the enforcement of their provisions has been left to the Courts of Law without specifying summary procedures to be followed in the event of proceedings under the respective legislations. This makes it difficult for persons with disabilities who usually have limited resources and legal knowledge to participate in complicated, lengthy and expensive legal process.

The Indian Law envisages appointment of a Chief Commissioner for Persons with Disabilities to act as a watchdog on the rights of the disabled people. He has the powers of Civil Court. A simple application by an aggrieved person with disability will set the law in motion and the Commissioner has the power to investigate it and take necessary steps to safeguard the rights. The CCD has the power to monitor the utilisation of funds dispersed by the Central Government. CCD is required to submit reports to the Central Government on the implementation of the Act. The report has to be laid before the Parliament, which is the highest law making body. At the State level similar provisions have been made.

In my opinion, India has adopted a very expeditious forum for enforcement of the rights, which does not cost the petitioners anything. With the success of this experiment, other countries may adopt this procedure with a lot of benefit.
 

Planning

India has adopted a multi-sectoral approach to planning, therefore, at the central level there is a National Coordination Committee headed by Social Justice Minister with a view to:

a) review and coordinate activities of all the Departments of Govt. of India and other governmental and non-governmental organisations dealing with matters relating to persons with disabilities;

b) develop a national policy to address issues faced by persons with disabilities;

c) advise on the formulation of policies, programmes, legislation and projects;

d) take up the cause of disabled people with authorities working with international agencies;

e) look at funding policies of donor agencies in the light of their impact on disabled people; and

f) take other steps to ensure barrier-free environment in public and work places, schools and other public institutions;
 

Committee Officers

This committee consists of top-level officers of the associated Ministries, Members of Parliament, professionals and persons with disabilities including women with disabilities. In order to execute the decision taken by the co-ordination committee, an executive committee is set up headed by Secretary, Ministry of Social Justice & Empowerment and middle level officers of the different associated Ministries/Departments, NGO, persons with disabilities including women with disabilities. These arrangements exist similarly in all the states of India.

Legal arrangements for regulating programmes of manpower development and Rehabilitation Council of India act provide the necessary safeguards to ensure minimum standards in these programmes rehabilitation council of India act provide the necessary safeguards. All professionals are registered under RCI granting them license to practice in fields related to development, education, and rehabilitation of disabled persons. As there are legal arrangements provided for protection of rights of citizens with disabilities. Similarly a number of administrative provisions have been put in place for operationalisation of legal and policy initiation. These administrative orders and instructions have the same force as law under Article 13 of the Constitution of India.

In the next article, administrative provisions made by Government of India and the state Government would be shared with the readers.