Advancing Accessibility and Equality for Persons with Disabilities in India

GS Paper II Social Justice

Context:

The Court of Chief Commissioner of Persons with Disabilities in India delivered two landmark judgments that are poised to reshape attitudes towards Divyangjan (persons with disabilities in India) on a large scale.

Additionally, the Court emphasized that all airlines, whether Indian or foreign, operating in the country are responsible for implementing the provisions of the Rights of Persons with Disabilities Act 2016, specifically outlined in sections 40 and 41, along with relevant rules and instructions.

Disabilities in India

Ensuring Accessibility for Divyangjan in Government Offices: The Court mandated that any government office in the country, be it at the central, state, or local government level, operating from buildings or premises that are not accessible to Divyangjan, must relocate their services to the ground floor or another accessible location within the same facility.
Significance: This decision underscores the commitment to ensuring equitable access to government services for all citizens, including those with disabilities in India.

Addressing Discrimination Against Individuals with Disabilities in Aviation: In response to a complaint regarding the ill-treatment of a person with Autism, at Bangalore Airport by Sri Lankan Airlines, the Court took Suo moto cognizance.
- The Court’s findings revealed a lack of awareness and sensitivity towards the needs of individuals with disabilities on the part of airline employees and the Directorate General of Civil Aviation (DGCA).
Furthermore, the Court highlighted that Sri Lankan Airlines’ policy, if it necessitates medical clearance for select categories of persons with disabilities before boarding a flight, is inconsistent with global Civil Aviation Requirements.

Rights of Persons with Disabilities Act, 2016 defines “Person with Benchmark Disability” as “A person with not less than 40% of a specified disability”
The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) defines “Persons with disabilities in India include those people having long term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others“.

The Office of the Chief Commissioner for Persons with Disabilities in India:

It was set up under Section 57 of The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995.
The office has been mandated to take steps to safeguard the rights of persons with disabilities.
Under new statute Section 74 of RPwD Act, 2016 provides for appointment of a Chief Commissioner for Persons with Disabilities and two Commissioners to assist the Chief Commissioner at the Centre.
Under the provision of section 40 of RPwD Act 2016, the Central Government in consultation with the Chief Commissioner formulated rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communication, including appropriate technologies .

The Rights of Persons with Disabilities (RPwD) Act 2016:

The Rights of Persons with Disabilities (RPwD) Act was enacted in the year 2016 and came into force from 19th April, 2017.
Objective: To ensure that all persons with disabilities can lead their lives with dignity, without discrimination and with equal opportunities.
Coverage Expansion: There are now 21 different sorts of disabilities, up from the previous seven, and the Central Government is empowered to add additional.

News Source: PIB