Disabled persons still handicapped by govt8217;s failure to act

The Act, which was passed in December 1995 and notified in 1996, is one of the most comprehensive pieces of legislation if only it were enforced, says Javed Abidi of the National Centre for Promotion of Employment of Disabled People which, with co-NGOs Concerned Action Now, Council for Advancement of People8217;s Action and Rural Technology and ActionAid is organising a national conference on the Act.

The groups say that they intend to explore the reasons why the Act remains on paper. 8220;It could be because of a lack of political will, due to ignorance among the officials about the law or due to an attitude that the disabled deserve to be in the margins,8221; says Ali Bacquer of Concerned Action Now.

That the implementation of the Act would be a drain on the government8217;s resources is a myth, says Abidi. 8220;It is a comprehensive law that seeks to empower the disabled taking into account every aspect of life from health to recreation. It is charity doled out by the government to the marginalised sections of society like the disabled and the religious minorities that eat into its resources, not a law that seeks empowerment and equality,8221; he says.

Abidi pointed out that the annual budgetary allocation for the welfare of the disabled is around Rs 141 crore, which divided among the country8217;s 7 crore disabled persons means that the government spends only Rs 20 per disabled per year. The activists campaigning in favour of the disabled also noted that though job reservations for them have existed since 1971, they are entitled only to categories C and D. 8220;This Act sought to end discrimination in all categories for the disabled but nothing has been done for implementing this provision8221;. In fact, they say, this is true with regard to most of the clauses. For instance, Clause 41 Chapter 6 of the law says: 8220;The appropriate governements and the local authorities shall within the limits of their economic capacity and development provide incentives to employers both in public and private sectors to ensure that at least five per cent of their work force is composed of persons with disabilities8221;.

While this is the first time that any law to ensure equal treatment of the disabled in the private sector ever came into being, the government has been charged with not spelling out the incentives mentioned in the clause. 8220;If the incentives are not known, how are the officials or industrialists expected to act?8221; asks Abidi.

Similarly clause 44 Chapter 8 non-discrimination says that the establishments in the transport sector should adapt rail compartments, aircraft, toilets etc so that they can be used by persons on wheelchairs. But to date the Indian Airlines has not been able to alter their aisles to accommodate a wheelchair or install facilities for disabled persons to reach an aircraft without going through the humiliation of being bodily lifted by other people.

Hence, despite a whole chapter in the Act on discrimination, disabled people are still as farther from equality with the rest as they had been before the Act.

According to Ali Bacquer, the Act is laudable despite the fact that it does not include autistic people, patients of thelismia, haemophilia and people with stunted bodily growth. It divides disability into three categories 8212; sensory, physical and mental and Chapter one of the Act defines disability in seven ways 8212; blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation and mental illness.

The national meet has the advantage of having the participation of representatives of various central ministries and ministries from various states like Gujarat and Maharashtra besides the Confederation of Indian Industries, Disabilities chief commissioner B.L.Sharma and several NGOs and activists. The only person missing will be Maneka Gandhi, the minister for social justice and empowerment, the nodal ministry for the Act.