Annual Report - National Human Rights Commission

Rights of the Disabled
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5.17 Since January 2003 the Commission has made repeated efforts to encourage both the
Government of India and the State Governments to adopt a disability policy with clear targets
and a plan of action. We have also advised that the policy must be a rights based instrument
which should enable persons with disabilities to live in ways that are personally satisfying,
socially useful, economically viable and meet national and international standards of social well
being, human rights and citizenship. Such a Policy should also not only aim at integration of
persons with disabilities but should lay down a framework for combating problems of prejudice,
discrimination and exclusion. It should encourage optimum utilization of resources for ensuring
full participation of persons with disabilities in all walks of life. Above all, it should translate the
statutory entitlements into reality.
5.18 As an outcome of a sustained effort of the Commission, the Ministry of Social Justice and
Empowerment in Government of India has engaged a number of Civil Society Organizations
and other stakeholders in exploring the framework of a National Policy. This is a very positive
development. However, parallel efforts have not been reported by any of the State Government.
5.19 The Commission has noted that the States having an independent Commissioner for Persons
with Disabilities have performed relatively well. But unfortunately a large number of States
have appointed a junior officer with additional charge on this post. Consequently obstacles to
full realization of rights by persons with disabilities are persisting. The Government of India
should consider offering a matching grant to support the establishment of an independent office
of State Commissioner for Persons with Disabilities. This investment would go a long way in
protecting the disabled against acts of neglect, abuse, exclusion, and ultimately would prevent
violations of their rights.
5.20 Some of the most insidious forms of discrimination against the disabled come with the
imposition of physical and social barriers – the root cause of their exclusion and marginalization.
To undo this historical wrong the Disabilities Act, 1995, has compiled provisions concerning
barrier free physical and transport environments in a Chapter entitled ‘Non-Discrimination’.
These measures draw on Articles 15 and 16 of the Constitution, which guarantee access to
public places and employment without discrimination of any kind.
5.21 Unfortunately, implementation of these arrangements has been lopsided and States often
attribute this to a lack of economic capacity. The important question here is: whether discrimination
can be allowed against one section of the society when the cost of access can be reduced by
simply modifying building bylaws and the standards that regulate fabrication of transport and
information systems? The inertia simply points to a lack of imagination and the will to create a
genuinely inclusive society.
5.22 The Government should seek assistance of the Chief Commissioner for persons with
disabilities and the independent State Commissioners for hosting a multisectoral task force which
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