CHAPTER 5

CONCLUSION AND SUGGESTIONS

5.1 INTRODUCTION

Disabled should not always be considered as dependent and helpless section of

the community. They should not merely be subjected to pity and charity. They
also have a right to lead a dignified life. All what they demand is a respectable
position to earn a decent livelihood. The authorities have been taking them for
granted. If disabled are educated and trained for a particular job they must be led
to their destination. All they need is confidence, faith, care and protection.
Community in general and government in particular owe obligation to aid the
disabled persons to utilize their potential for their betterment and growth of the
nation. There are certain outstanding personalities who have achieved great
accomplishment despite being disabled like: Mrs. Anuradha Mohit (Director
NIVH) thus if shown proper pathway, the disability can be turned to "THIS"
Ability. In the present study the researcher has made a sincere effort to give a
holistic view of various services that are available for the persons with
disabilities in India and all over the world. The approach that has been taken
during the course of study is based on the philosophy of highlighting the
importance of the concept of equal opportunities to the disabled population in
the matters relating to Education, Employment, Rehabilitation, Barrier Free
Access etc.

Millions of people experience intellectual, physical or psychological impairment

of varying degrees, temporarily or permanently all over the world.
Social, Cultural, Economic, Infrastructural and Attitudinal Barriers obstruct their
access to opportunities and their capacity to enjoy rights on equal terms. The
people with disability have the talent to contribute richly to the life of the nation
including its development provided their rights are protected, dignity restored
and the difference of ability recognized. Despite having a sound legal framework
and a plethora of Programmes, Schemes, Rules, Regulations etc, corresponding
improvements in the circumstances of persons with disabilities are not visible.

In olden times disability was seen as an individual pathology or disease. The

general populace has always looked down upon this section of the society with
sympathy or contempt. The rights of people with disabilities had not been
adequately addressed by the international human rights system for a
considerable length of time. The Second World War and its consequence
compelled the involvement of persons with disabilities and the new concepts of
their Integration and normalization brought in better awareness of their
capabilities.

5.2 SUGGESTIONS

Handicapped, Disabled are the words which are commonly used to address the
Persons with Disabilities. The very use of these words is disgraceful and
discouraging. In the early 1980's the term ‘Differently Abled’ was coined by the
US Democratic National Committee as a more acceptable term than
handicapped. The motivation seems to have been both a genuine attempt to view
the people called handicapped in a more positive light and also as need to be
seen as politically correct. Differently Abled is a kinder term than handicapped.
The term Differently Abled has never been used in any official international
document. In recent past in India, the chief commissioner for person with
disabilities issued a notice banning the use of the term 'handicapped' at least in
all official correspondence, official reports, government institution and
organisation consequently, few state governments banned the use of the term in
their respective states. But, this notification is more or less a paper tiger because
the proposed bill for the protection of the rights of the disabled has also been
named as the "Persons with Disabilities Bill" 2014. The need of the hour is that
the words handicapped, disabled and impaired should be erased from the status
books forever.

1. The terminology and definitions used for defining disability should be

standardized and uniform across departments and policies. The Indian
government has ratified the United Nations Convection on Rights of
Persons with Disabilities 2006 and it is expected to harmonize the varying
definitions of disability as contained in different legislation to one uniform
definition of disability described in the United Nations Convection on
Rights of Persons.

2. There is a lack of sincere efforts to help to find out the magnitude of the
problem as to how many people are disabled in our population. The
magnitude of the problem will be known only if there is an authentic data.
But unfortunately there is an absence of a systematic authentic census of
the disabled in India, consequently, different sources like population
census,

3. National Sample Survey Organization and various Governments and

Non-Governmental Organizations mention different figures. For example,
the recent data about the disabled released by the government puts their
number at or around 26.8 million, whereas the various organizations of the
disabled claim their number to be more than 90 million. Such a wide
variation will effect the implementation of policy and programme adopted
for the welfare of the disabled. When we say there should be education,
there should be employment for these persons so that they become self-
reliant; how many schools, how many people to be educated, and type of
medical treatment be provided for them depends on the magnitude of the
problem and only then the planning commission will be able to make the
realistic planning for them. Hence, it is suggested that a sincere endeavor
should be made on the part of the government to standardize the tools used
for collecting the data.

4. Constitution being the Grundorm of the country, but differently abled

population has not been given any recognition in it. Constitution should be
amended immediately and disability should be made as a ground of non-
discrimination under articles 15 & 16 to ensure equality for the disabled.

5. Incorporate the Principle of Reasonable Accommodation/Adjustment as

articulated in the United Nations Convection on Rights of Persons,
government is obliged to review all policies, legislations and programmes
in the light and spirit of the United Nations Convection on Rights of
Persons.

6. Non-Discrimination, Equal Opportunity and Reasonable

accommodating for Persons with Disabilities need to be inherently
included in every department/office of the government.

7. An adequate management information system needs to be established,

which will ensure that the reporting formats of all the government schemes
capture the category wise disaggregated data on Persons with Disabilities.
This data generation will facilitate the strategizing and taking appropriate
insures in avoiding any gender or category wise discrimination and reach
out uniformly.

8. Prevention and Rehabilitation of Disability requires top priority in

various governmental schemes and policies because idle manpower of the
disabled is a double loss to the community, both in terms of its being direct
burden and non-productive.

9. The Ministry of Social Justices and Empowerment, is the nodal

ministry, which is burdened with the responsibility of providing all sorts of
services to the disabled. The various departments like education, health,
Labour, Home, Industry, Science & Technology, Law & Legal Affairs and
Agriculture and Rural Development, should join in the venture, with the
coordinating power vesting in the ministry of social welfare. All these
departments must ensure a centralized and detailed database for all states
pertaining to programmatic target achievement for the Persons with
Disabilities. The chief commissioner Disability and state commissioner
disabilities office needs to be strengthened with a strong statistical support
to capture all programmes data that directly or indirectly benefits the
Persons with Disabilities.

10. The websites of central and state livelihood schemes should be

updated to facilitate proper monitoring of the schemes and reporting. A
system for accountability and procedure for handling non-compliance need
to be defined and capacities for effective implementation of these schemes
need to be put in place. The procedure for taking the benefit of these
schemes should be as simple as possible so that it is easily accomplished
by every class the citizens whether rich or poor, Literate or illiterate, rural
or urban.

11. All government ministries which have income generation

programmes including the potential for outsourcing/offering franchise etc
could ensure that at least 3% of their beneficiaries are persons with
disabilities. Apart from this, all the governmental websites need to be
made disabled friendly at the earliest possible.

12. It is a common sentiment amongst the disability movement

activist and the organisations representing Persons with Disabilities that
the aspects of disabled being looked after by the ministry of social Justices
and empowerment have fallen short of their expectations. There is strong
heartfelt feeling expressed that since Persons with Disabilities do not
constitute available note bank, their concerns continue to get side lines, if
not totally neglected. This is the right time to create an exclusive ministry
for the persons with disabilities at national as well as state levels.

13. Ombudsman institutions have proved to be very helpful for the

Persons with Disabilities and other marginalized sections of the society in
many countries. These institutions should also be established both at the
national and the state levels expeditiously. It will certainly improve the
fate of the disabled in the country.

14. The institutional framework at all levels needs to have a

substantially strengthened direct role for persons with disabilities
themselves. Various national policies for the disabled should be framed
 after consultation with Persons with Disabilities because they are better
judges of the issues and challenges faced by them in day to day activities.

15. Government should take appropriate steps to provide health care

to disabled with a reasonable distances from the residence or workplace.
Medical facilities should be made free to Persons with Disabilities whose
family income is below a particular limit as specified by the government.
Apart from this they should be given priority in attendance and treatment.
Various financial benefits in the form of scholarships, stipends, loans,
allowances & others monetary concession should be linked with the price
index and reviewed from time to time.

16. All the places of public entertainment like noble, libraries etc.
should be made disabled friendly by providing special facilities for their
easy access. This will include facilities of ramps, lifts, special washrooms,
separate parking places etc. The Persons with Disabilities Act, 1995
provides for the establishment of co-coordinating committee at the state
and central level for the implementation of the act. The act should be
amended to ensure its implementation at the grassroots level by
establishing co-ordination committees at the district levels.

5.3 CONCLUSION

In olden times disability was seen as an individual pathology or disease. The

general populace has always looked down upon this section of the society with
sympathy or contempt. The rights of people with disabilities had not been
adequately addressed by the international human rights system for a
considerable length of time. The Second World War and its consequence
compelled the involvement of persons with disabilities and the new concepts of
their integration and normalization brought in better awareness of their
capabilities.

The role played by the United Nations in raising global awareness about the
need to care for and protect the disabled is to be found from the several
resolutions passed by its General Assembly. The 1970's marked a new approach
to disability.

The concept of human rights for disabled persons began to become more
accepted internationally. In the new setting, the disabled are viewed as
individuals with a broad range of capabilities and every one of them keen and
able to utilize his/her potential and aptitude. The human rights movement has
boldly and categorically moved the concentration of policy makers from the
mere provision of charitable services to vigorously protecting their basic right to
dignity and self-respect. Human rights is a universal experience because rights
have been inhibited in our society over the years. It is a realization that without
human rights we cannot live as human beings. Human rights can be elucidated in
one sentence that is, human rights are all about the rights to life, liberty, equality,
dignity and security of men, women, youth and child. Various international
instruments of the United Nations have been acting as guiding pillars for the
members nations to translate the rights enunciated in these instruments into the
national legislations.

This swing to the human rights perspective caused a paradigm shift in the
understanding of disabled persons from objects of charity to a recognition of
enabling them to participate in the affairs of society at par with citizens who
were not disabled.
The only legislation enacted prior to independence which covered persons with
disabilities was the Indian Lunacy Act of 1912. In the post-independence era, the
state did not show any concern for this part of the population in the first three
five year plans. In the fourth five year plan the problem of the disabled figured
as a separate category. Even at this juncture the future of the disabled population
was very skeptical. The government was doubtful whether the disabled children
should be made a part of general education imparted in the country or not,
whether or not there should be separate homes or institutions for the disabled.
Further to add to their fate, it is pity to note that even a systematic authentic
census of the disabled in India does not exist. Consequently different sources
have got different bases for counting the disabled population in the country.
Data shown by population census is different from the one shown by the
National Sample Survey Organization which in turn differs from the one shown
by NGO'S and other government department and organization. The problems of
the disabled persons can never be addressed logically and fruitfully unless the
authorities have authentic information regarding the total percentage of disabled
population in the country.

The provisions of Article 41 merely act as guidelines for the government while
framing its policies and strategies. Government is not answerable to anyone for
the non-compliance of the provision of this article.

In emerging interpretations of disability legislations all over the world, emphasis

is upon positive action to remedy the disadvantage experienced by disabled
persons. This emphasis on affirmative action by the state is related to three
important developments in this content. These include: firstly, a different
treatment of disabled persons required in many respect in order to enable them
to gain access to work and other opportunities in parlance with non -disabled.

Secondly, the state is under an obligation to take positive steps to promote

equality. dly. there is the broad interpretation of constitutional principles that, gh
the emerging case law on disability related issues, constitutes a third e of human
rights jurisprudence that prioritizes notions of dignity, munity and participation
at the expense of narrower conceptions of vidual civil liberty. In the background
of these development Persons with Disabilities Act was enacted in India in the
year 1995. It became India's first anti-discriminatory law as the social and
economic rights of persons with disability have been addressed by this statute.
This Act imposes several positive obligations on the state government and
authorities to ensure that and inequality for less likely that is emphasis is upon
prevention rather than war. Although the Persons with Disabilities Act has often
been referred to as an 'equality law' but it should not be interpreted that it has no
lacuna or that its working has effectively resulted in resolving discriminative.

The reality is different from what it appears to be. The core criticism of the
Persons with Disabilities Act is that it is based on a medical model of
understanding disability, and therefore defines persons with disability on only
those with blindness, low vision, hearing impairment, locomotors disability,
mental illness, mental retardation, and those who are leprosy cured. According
to conservative estimates, approximately 6 percent of India's population is
disabled. This percentage of disabled person in India is far less than the disabled
population in developed nations like UK, USA, Australia etc. The reason is quite
simple. Their definition of disability is much broader. The definition of
disability under the Persons with Disabilities Act, which further leads to the
counting of disabled persons under the official censug is faulty as these
imperfect provisions and inadequate definitions capture only a fraction of the
complex reality that is disablement. The disability sector has been demanding
the expansion of the definition of disability for a long time. This is because
impairments not finding inclusion in the exhaustible definition could not obtain
the benefits granted by the state to persons with disabilities. The distributive
justice approaches to disability focuses on deficits in capacity and performance
whilst the anti-discrimination approach looks at stagnation and exclusion.
Hence, it holds that an anti-discrimination approach and a distributive policy
would have different definitions of disability. Now, with the expanding
definition given to persons with disability under the United Nation Convention
on Rights of Persons with Disabilities, there is a renewed need for overhauling
the outdated definitions for disability given in the Persons with Disabilities Act
and to replace with definitions that truly reflect the social model of disability.

The Persons with Disabilities Act, 1995, has no reference to equal protection of
rights of disabled and policy of non- discrimination. It differs from other civil
rights laws in that it has rather weak non-discrimination provision, and only
provides for quotes in various areas. While it includes in its title the words 'equal
opportunities, protection of right and fundamental freedoms', the Persons with
Disabilities Act nowhere even states that persons with disability shall be treated
as equal citizens before the law and shall not be discriminated on the basis of
their disability.

Educating the people with special abilities is the most important challenge for
every nation. It is important for every nation to secure appropriate steps for the
education of their citizens. The right to education of all children is enshrined in
the United Nations Declaration of Human Rights 1948. Various efforts have also
been made by the Indian legislature to safeguard the educational interest of
children with special abilities, political turbulence and social reforms in the last
quarter of nineteenth century aimed at improving lives of disabled people. By
1900 special educational institutions were established for the disabled. Although
the growth was sporadic but these institutions lacked understanding and
professional approaches towards the needs of the disabled. In post independent
era for the first time Persons with Disabilities Act 1995 made special provision
for the education of the disabled children. Section 26 imparts an obligation on
the government both at the central and state level to make provisions for free and
compulsory education for the disabled upto the age of 18. It is a laudable
provision and will go a long way in promoting the educational facilities for
them. This Act also aims at integrated education for the disabled and reservation
of seats in aided educational institutions. True, it is a measure of happiness that
the statutory book in India has an Act in its pages devoted exclusively for
safeguarding the educational rights of the persons with disabilities.

However these provision are beset with numerous limitations and have,
therefore, a very limited capacity to protect the educational rights of the people,
it is meant for.

These provisions are preceded by the phrase within the limits of their economic
capacity and development'. Consequently, any government or local authority
may choose not to implement the provision of the Act in the name of inadequate
'economic capacity and development. Thus, the whole purpose of a long battle
by the disabled and their friends has been defeated because of increase in
illiteracy rate of the disabled population of the country. These provisions can be
concluded as toothless and clawless tiger at the best because legislative
instruments are more like ornaments unless implemented. The law demands
creation of barrier-free facilities like transport, buildings and information system
but they are designed on the same old standards. The state governments, local
authorities and panchayats have taken little care in fulfilling their obligations
under the Persons with Disabilities Act so much so that funds committed by
central government through a number of schemes have remained grossly
underutilized.

In Punjab, many a times, the teachers even have to go to the houses of such
children. But again it is not done with full vigor and zeal. A small percentage of
the specially gifted children cross the primary level, to reach upto the secondary
stage of their schooling.

Right to Education Act 2009, emphasizes on the provision for providing not
only education but it to be free of cost to every child (inclusive of disabled too)
till he/she attains the age of 14 years. The Persons with Disabilities Act, 1995
goes a step further and grants similar facilities of free and compulsory education
for the disabled child, increasing the period from 14 years of age to 18 years.
The actual picture is totally opposite to these legislations. Public schools have
ample of funds at their disposal to cater to the needs of the Children with
Disabilities but what is missing is their willingness and desire to do so. Many a
times these children are made to feel that they are a burden on the society and to
work on them, would be wastage of time, effort and money. On the other hand,
the government does provide adequate funds, from time to time for the
implementation of educational policies which are gobbled down by the corrupt
leaders and officials.

An educator is different from a special educator. The latter being better equipped
to understand and sympathetically tackle the day to day problems of special
children. The data collected also reveals that the availability of special educators
is as good as negligible. A study of various schools of the leading cities of
Punjab i.e. Amritsar, Jalandhar and Ludhiana shocked the researcher that they
were not aware of the term "special educator". So their availability and
functioning obviously is a far cry. The few who were appointed lacked the true
vigour, zeal and spirit, that were expected of them. When the Children with
Disabilities does not get a conducive environment at school, then the very goal
of integrated education is defeated at the onset only.