Annual Report - National Human Rights Commission

Rights of the Disabled
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legal and moral clarifications from the standpoint of international human rights law. During the
session, the Commission’s nominee networks with other participating national institutions,
convenes coordination meetings, presents well researched proposals and prepares daily reports
for circulation among the National Institutions. In addition she also participates in the side events
organized by the inter-governmental regional groupings, NGOs and other stakeholders.
5.14 The pace intensity and the level of negotiations during the sixth session point to the fact
that the process is heading towards completion. The Committee has made considerable progress
and a large measure of agreement has been reached. There are a number of issues on which
wide support is available. However, sharp differences continue to persist regarding:
a. The current state of jurisprudence relating to the nature of economic, social and cultural
rights and the issue of progressive and immediate realization of those rights;
b. The definition of “discrimination” under international law and how it relates to disability
(including the issue of intersectionality, or multiple discrimination under existing human
rights law);
c. Private freedoms and obligations of the State.
d. Elaboration of rights incorporating treaty body interpretations through General Comments.
5.15 Despite international and domestic actions taken, however, the physically and mentally
challenged persons in our country continue to face several obstacles in leading their life with
dignity. During the reporting period a questionnaire was circulated to the ministries and
departments in Government of India, States and UT Administrations to ascertain the number of
schemes and affirmative action programmes introduced by them to guarantee right to health,
housing, assistive devices, education, vocational training, employment and social security benefits.
From the responses received it was difficult to draw any authoritative conclusion, as they were
generally evasive, hiding more than revealing.
5.16 It seems disability continues to be treated as a unidimensional subject with major
responsibilities being shared by the Ministry of Social Justice and Empowerment and its counter
parts in the States. The relative indifference of a number of ministries and departments is a major
obstacle in the overall development and mainstreaming of disability. Likewise the function of
the Central and the State Coordination Committees is far from satisfactory. Disabilities Act in
Sections 8 (2)(b) & (c) and in Sections 18(2) (b) & (c), requires the Central and the State
Coordination Committees to develop a National/State Policy to address issues faced by persons
with disabilities and advise the Government on the formulation of policies, programmes, legislation
and projects with respect to disability. It is a pity that even after ten years of the enactment of the
Disabilities Act the mechanisms responsible to evolve a disability policy have failed to do so.
National Human Rights Commission Annual Report - 2004-2005
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