Mahesh Chandrasekar

my speech for the Conference on Rights of Persons with disabilities

2006-08-23T14:54:00.000+03:00

It gives me great pleasure to inform you I was invited to talk during the “National Conference on Rights of Persons with Disabilities – Role of the Executive and Judiciary “. This conference was organised by the Office of the State Commissioner for Persons with Disabilities, Karnataka, Bangalore, On 19th Aug 2006 at the Conference Hall, Karnataka Judicial Academy, Bangalore.

Many eminent speakers spoke and pledged their support to support and promote the rights of persons with disabilities. The delegates included commissioners from 6 states, District Commissioners from 2 districts of Karnataka, District Disability Officers from many districts of Karnataka, senior representatives from the different Govt. departments and representatives from NGOs.

I was asked to present on the “Role of the Executive in implementing the various laws pertaining to the Rights of persons with disabilities and Role of the Judiciary – with regard to non-implementation of the various laws pertaining to Rights of persons with disabilities”.

I have copied my presentation below for your reference and the same has also been posted on my website www.geocities.com/mahesh_mobility

I would appreciate your feedback. If you find the write-up useful I would be happy if you could kindly share it with the larger community towards promoting and protecting the rights of persons with disabilities in our society.

“Role of the Executive in implementing the various laws pertaining to the Rights of persons with disabilities and Role of the Judiciary – with regard to non-implementation of the various laws pertaining to Rights of persons with disabilities”

The subject for discussion is very broad and wide and in my brief presentation I will do my best to bring some of the issues into perspective.

Background

Before I start, I would like to share my story which is now 20 years old, I am from Bangalore and I was studying my 2nd year B.Sc during which time a viral fever that left me with weak limbs. I dropped out of college as my house was in the first floor, I could not walk up to the bus stand or make use of the college bus and the classes in my college were in different floors.

I wanted to get out of my house, study, earn, hang-out with friends but there was no place to go – I could not use the public transport, go to a hotel/ temple/ wedding hall/ cinema house as there were steps and there were no toilets which I could use.

Over the years, I have come to terms, accepted my disability and I know how to handle my disability, I do not mind if you call me as a person with disability or challenged or differently able, the bottom line is very little has changed in our society and in the environment around us.

Recently the KSTDC (Karnataka State Tourism Development Corporation) has introduced a fleet of double-decker buses for sightseeing 15 destinations in Bangalore, it would interesting to record the number of places that you could actually get down to visit if you were sitting on a wheelchair. In my experience, you will be the only person sitting in the bus and waiting for the others to return from their sight seeing trips.

There has been no dearth of policies and documents in India. Numerous Government orders have been passed to address the various concerns in ensuring and protecting the rights of persons with disabilities.

However, the greatest challenge continues to be in the way, we as people and society understand disability and their needs.

Our society - parents, teachers, politicians, bureaucrats, shop keepers, bus conductors continue to respond to our need in a way that they are doing us a favour. We need to access the services in a way that is sensitive to our needs and in a way that dignifies and acknowledges our existence.

Disability is a social issue, which demands a socio-political response.

Existing laws for persons with disabilities

We have a wonderful constitution meant to protect each one of us. It is as meaningful to you as it means to me. Just as you can, we too have the same right to express; I too have the same opportunity just like everyone else. But I never knew that I had these rights; I did not know that I could ask my college to provide me with a ramp to attend the computer classes that was located in the basement.

I was not aware that the isolation that I was facing is violating my fundamental right – Article 19 – Right to freedom – Imagine, if you are traveling in a train for more than 12 hours and you are the only one who is unable to use the toilet. Is this not a violation of your Right to Freedom? This is what we experience.

Article 21 – Right to life and personal liberty – everyone has the right to live life of a certain minimum standards, but we readily accept when persons with disability are almost permanently imprisoned in their homes or in institutions for life.

Before the enactment of the different Special Laws such as the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act (PWD Act), 1995, The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities) Act, 1999, Mental Health Act the responses to addressing the issues of persons with disabilities were very feeble. With these special laws, the activism in the field of disability is more strong and visible.

The recent policies and programmes such as the ‘‘Sarva Siksha Abhiyan” Education for All, has made provisions for including children with disabilities in school and this is an example of how the provisions under these Special Laws are being translated into action.

But are children with disabilities really included in schools? Do they receive education that is sensitive to their needs and abilities? How many private schools are ready to admit children with disabilities? Do children with disabilities get equal opportunities? How many of our colleges care to provide an environment for persons with disabilities to learn? Is this not in violation of the fundamental Right to Education?

The deliberations in drafting the “International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities” have helped us to understand disability better.

However, all these developments have not made any real difference in the lives of the millions of persons with disabilities in our society and in our country.

Role of the Executive in implementing the various laws pertaining to the Rights of persons with disabilities and Role of the Judiciary

1 Attitudes

The policies and programme for persons with disabilities based on the principles of ‘Human Rights’ needs to be understood by the executives.

Some of the common expressions are - when the fan stopped functioning in this hall due to power failure, some one commented that “The fan has also become disabled”. This implies that disabled persons are useless. “When we are finding it difficult to get a job, you asking jobs for persons with disabilities?”

The education and employment for the hearing impaired continues to be a distant dream.

What is needed is a sea change in attitudes towards disability. Where the focus needs to be on the persons ability and our willingness to change/ adapt the system.

2 Mainstreaming Disability in development

The needs of persons with disabilities are perceived as special and are therefore left out by mainstream development programmes.

The Government of India passed the National Rural Employment Guarantee Act (NERGA) in September 2005. This Act gives legal guarantee of a hundred days of wage employment in a financial year to adult members of rural household. The Act would go a long way in checking rural migration and ensuring livelihoods to people in rural areas.

However, according to Chapter VI, Section 40, of the Persons with Disabilities Act, three per cent of all poverty alleviation schemes should be for persons with disabilities. Unfortunately, the Employment Guarantee Act does not make any such explicit allocation for persons with disability.

According to a recent report by the Union Rural Development Minister, Karnataka has generated 35.35 lakh man-days of employment under this scheme. Have persons with disabilities missed the boat again?

Therefore, I request that 3% funds should be earmarked for disabled people’s employment, people with hearing impairment can do manual work and people with disabilities could be play an administrative or supervisory roles, or audit of the schemes.

In addition, this scheme could be creatively used in the creation of Barrier free assets in every village such as - ramps in schools, bus stand, hospitals etc.

3 Planning, implementing and monitoring programmes

The needs of persons with disabilities should be included in the plans. The Chief Planning Officers in every district should be made aware of the existence of persons with disabilities; hand books needs to be provided on ways of including and ensuring persons with disabilities are being included and benefited.

Just as we have ‘Fire Officers’ certifying building, persons with disabilities could be trained and employed as ‘Access Officers’ who would certify buildings and public spaces are in compliance of the barrier-free specifications as mentioned in the building bye-laws of the Bangalore Mahanagara Palike (Bangalore City Corporation), Part IV, Schedule XI, Bye-law No: 31.0 on ‘Facilities for Physically Handicapped persons’

All these can happen only if persons with disabilities and disabled people’s organizations are recognized and encouraged to participate in decision making bodies.

4 Employment Opportunities

Persons with disabilities overcome numerous challenges in life, at school and college before they apply for jobs. After all these we are told that jobs reserved for persons with disabilities are no longer there.

Vacancies reserved for the disabled have not been filled by various departments. The Department of Personnel and Training recently, has asked all Government departments to ensure that posts reserved for the disabled must be filled by persons with disabilities only and if not the reservation need to be carried forward for the next two years.

It is my humble appeal that the Judiciary should create the precedence in ensuring that persons with disabilities are employed in its courts and ensure that the courts are disabled friendly.

5 Addressing the loop holes in the Act

The Special Acts do not mention time frames and deadlines to implement the provisions under the Act. Secondly, important sections of the Act are preceded by the clause which says that appropriate Governments shall provide the provisions only if it is ‘within the limits of their economic capacity’.

Although the Disabilities Act is excellent, most often the executives give excuses or take shelter in this clause in denying our rights.

I cannot pay my land tax and I have to depend on someone as the counter is in the first floor and inaccessible. The Government should introduce temporary measures such as counters in the ground floor till such time a permanent solution is derived.

6 Creating awareness about the Act

Members from the Judiciary and executives have to educate persons with disabilities about their legal rights, provide hand-outs and conduct workshops.

Similarly, the Government Training institutes and the in-service trainings should cover topics related to disability and discrimination and evolve strategies for inclusion.

7 Efficient Watchdogs

The Commissioner’s office for disabilities is responsible for the implementation of the Act. However, we need develop a more efficient watchdog mechanism at the state, district and taluk levels.

The functioning of the District level committees and State coordination and executive committees needs to be monitored as these meeting are not convened as per the Act.

Training of persons with disabilities and recognizing disabled people’s group as part of the watchdog team would be an effective strategy.

We need to develop trained mediators in the Justice department who would take the issues of discriminations faced by persons with disabilities.

In Conclusion

Indian Constitution is built on a foundation of Justice, Liberty and Equality.

There is an urgent need to address the issues of discrimination faced by persons with disabilities in day-to-day life.

We as a group of people with different disabilities are ready – invite us, call us, we are ready to be involved in this process of change.

Given the resources we have, and with the right initiative we can make a positive difference in the lives of persons with disabilities and if we have the will to do nothing is impossible.

Thank you once again for your patience…

C. Mahesh
Disability Activist, Bangalore
www.geocities.com/mahesh_mobility

Check out my website

2006-07-18T19:21:00.000+03:00

I have uploded my articles at www.cmahesh.freewebspace.com as my website created using geocities is not working for reasons unknown.

Suggestions to proposing amendments to the Persons with Disabilities Act

2006-07-16T20:45:00.000+03:00

I would like to keep you posted on the recent development by the Ministry of Social Justice and Empowerment who have posted on their website http://socialjustice.nic.in/disabled/welcome.htm a circular asking for suggestions to amend the Persons with Disabilities Act - which calls for Protection of Rights, equal opportunities and non-discrimination of persons with disabilities. The deadline for submitting the amendments was 31st July 2006. Based on this we have organised different consultations with persons with disabilities across the state to get consolidate the opinions.

However, on the 14th of July 2006, the Ministry in their website have already posted the proposed amendments to the Persons with Disabilties Act. We are puzzled by this move - why did the Ministry ask for our suggestions when they had one already? Secondly whose opinion do the Ministry want by posting such an important circular/ development that affects ever person with disabilities in the country in their website? Does the ministry consider it important to consult the opinion of persons with disabilities - the voice of the persons with disabilities from the rural areas and from poor socio economic background continues to go unheard. The ministry's actions are going against the principles of 'Nothing about us without us'....

I would be happy if you could highlight this issue in the media. I would also want to know what is the government of Karnataka doing in this regard...the departments are Women and Child, Department for the welfare of the disabled and the Commissioner's office for disabilities.

We as persons with disabilities and as NGO working with persons with disabilities have organised a number of events. And I have mentioned them below -

On the 7th and 8th July 2006, we anticipated around 50 persons but we got a very good response and more than 80 persons with disabilities participated, each of them are active members of different disabled people’s federations at the district level and some of them were members of the self-help groups initiated as part of community based rehabilitation programmes from the slums of Bangalore. The session was conducted in the local language Kannada and enabled everyone to participate. The commissioner for Disabilities was also present in one of the session. During these 2 days we have developed a set of recommendations. And these have been translated to English.

On the 15th of July 2006, we invited leaders from NGOs representing different disabilities, persons with disabilities and we also had an advocate – we formed 3 working groups to review the Act and develop a set of recommendations by incorporating the report from the previous session on the 7th and 8th of July 2006.

We will be presenting this during a bigger convention on the 22nd July 2006 in Bangalore where we are anticipating some key members from the Ministry and the representative from India who participate in the on-going discussions on the UN Convention.This will be held at the Spastics Society Karnataka.

During which the final set of recommendations from Karnataka towards the amendment of the Persons with disabilities act will take shape.

The final question is what if the Ministry does not consider these suggestions proposed by us?

View my website

2006-06-18T20:33:00.000+03:00

I have uploaded new write-ups in my website which is www.geocities.com/mahesh_mobility Do have a look and post ur comments

Seeking your ideas

2006-05-18T13:28:00.000+03:00

Please post your ideas on how we could develop the network among the participants of the International Training Programme 2006 in the Asian region

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2006-05-16T11:38:00.000+03:00

PERSONS WITH DISABILITIES IN INDIA – A COMPILATION

2006-05-16T10:55:00.000+03:00

PERSONS WITH DISABILITIES IN INDIA – A COMPILATION

- Compiled by Mahesh Chandrasekar, MOBILITY INDIA, May 2006

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Topics covered in this document –

Country Facts
Disability in India
Defining disability in India
The Disability Scenario
International Level
National Level
Rural and Urban
Gender
Persons with disabilities - Prevalence Rate
Disabled Persons, Incidence Rates
Disabled Persons, Onset of Disability since Birth
Possible causes of Disability (impairment)
Road traffic injuries
Disability (impairments) leading to discrimination
Access to Rehabilitation Services
Literacy and Education Levels
Disabled Persons, Work Activity Status
Women with disabilities
The Elderly and disabled

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INDIA

Country Facts:

Population - 1027 (in Million) [Source: Census of India, 2001]
No. of people living below $1 a day: 34.7% (Source: World Development Indicator, 2005)
$2 a day figure – 79.9% (Source: World Development Indicator, 2005)
GDP per capita – US$ 613 (Source: World Bank)
Life expectancy: 63 years (Source: Census of India, 2001)
Literacy rates: 65.38% (Source: Census of India, 2001)
Malnutrition: 21% of India’s total population (Source: Human Development Report, 2004)

Disability in India

Defining disability in India:

There is no universally agreed definition of disability. Historically, disability has been seen primarily as a medical condition – a problem located within the individual. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 defines disability as one or more of the following: blindness, low vision, leprosy cured, hearing impairment, locomotor disability, mental retardation and mental illness. It says that to be considered disabled, a person must suffer from not less than 40 per cent of any disability as certified by a medical authority. The medical understanding of disability clearly informs the act, but its tight and selective definitions of disability, and its 40 per cent threshold, means that some key disabilities, such as autism and other spectrum disorders, haemophilia, thalassaemia, severe facial disfigurement, and individuals with more mild disabilities, are excluded. (Mainstreaming disability in development: India country report, Disability KaR, DFID)

In India the terms ‘impairment’ and ‘disability’ are often used synonymously. However with the social understanding of disability gaining widespread acceptance most of us are beginning to realize the importance to make a distinction between the two terms.

The Disability Scenario:

The estimation of disability vary a great deal but for policy formulation and provision of services it is vitally important that reliable estimates of incidence and prevalence of various disabilities are made in line with accepted definitions of various categories of disabilities. However, disability is not a well defined condition, and there are many terminological and conceptual difficulties. This means that the data should be used with a degree of caution.

International Level

The estimates of the number of disabled are dependent on the, methodology, definitions being used and inadequacy of disability data. Published estimates of national, regional and global disabled populations are largely guesstimates. It is reported that the WHO and the United Nations have for long held the view that people with disabilities comprise approximately 10% of any national population. However, according to Peter Coleridge (2000 - page 6), he reports that the author of the WHO now estimate that the proportion is more likely to be 4% of the population in developing countries and 7% in developed countries. Robert L Metts (2000 Page 6) states that the United Nations Development Programme (UNDP) which agreed with the figure of 10% has now withdrawn from this estimate and projects the global proportion to be 5.2%. Despite this international trend towards a lowering of previous estimates some still estimate disabled proportion to be 10% or more. (Disability Issues, Trends and Recommendations for the World Bank, Robert L. Metts, February, 2000). As so many factors are tied with the enumeration process, no two studies will agree.

National Level

In India the disability information has been collected through sample surveys and censuses. The most recent being the Census of India in 2001 and the National Sample Survey Organisation (NSSO) which conducted a survey of ‘Disabled Persons in India’ during 58th round (July - December 2002).

According to Census 2001 the total number of disabled in India was reported at 21 million which constitute more than 2 percent of total population.

Census 2001			Male		Female
	Total	%	Nos	%	Nos	%

Seeing	10634881	49	5732338	26	4902543	22
Movement	6105477	28	3902752	18	2202725	10
Mental	2263821	10	1354653	6	909168	4
Speech	1640868	7	942095	4	698773	3
Hearing	1261722	6	673797	3	587925	3

Total	21906769	100	12605635	58	9301134	42

Source: Census of India 2001

The data reported by the Census 2001 is proportionately high when compared to data reported by NSSO 2002. The NSSO estimated the number of disabled persons in the country to be 18.49 million which formed about 1.8 per cent of the total population.

NSSO 2002			Male		Female
	Total	%	Nos	%	Nos	%

Locomotor Disability	10634000	58	6633900	36	4000100	22
Hearing Disability	3061700	17	1613300	9	1448400	8
Speech Disability	2154500	12	1291100	7	863400	5
Blindness	2013400	11	928700	5	1084700	6
Mental Illness	1101000	6	664500	4	436500	2
Mental Retardation	994700	5	625800	3	368900	2
Low vision	813300	4	369300	2	444000	2

Any disability	18491000	100	10891300	59	7599700	41

Source: NSSO 58th round (Jul-Dec 2002)

Due to the differences in the definitions of disability used by the two institutions namely the Census of India and National Sample Survey Organizations the data reported are not comparable.

Secondly, if we look at types of disabled in India as estimated by two organizations, according to the Census of India the proportion of Seeing Disabled in total disable population is 48.55 percent, where as according to NSSO, their proportion is 15 percent. Similarly in case of people with Movement Disabled, census estimates at 27.87 percent of total disabled population, where as NSSO estimates than at 57.51 percent. Thus according to Census of India disabled with seeing disabilities are leading in number in India, where as according to NSS disabled with locomotor disability are leading. Similarly there are differences in estimates in case of other disabilities as well. (Defining Disabilities: NSSO v/s Census by Kishor Bhanushali, Assistant Professor - Economics

Mahatma Gandhi Labour Institute, Ahmedabad http://www.disabilityindia.org/nsso-census.cfm )

For budgeting purposes, the Planning Commission uses a figure of 4 per cent of the population as being disabled. However, the real figure could be substantially higher. Organisations working in disability do not consider the census data to be accurate.

The reasons for the low figures in the census and sample surveys include:

· Families protective/ hesitant to acknowledge the presence of disabled household members

· Inability of families to identify mild disabilities

· Lack of appropriately trained enumerators

· Women being less likely to see themselves as disabled than men. (Erb and Harriss-White 2002, Mohapatra and Mohanty 2004)

· Inabilities due to old age not being associated with disability

Rural and Urban

Despite its shortcomings, the census and sample survey clearly reveals that the majority of India’s persons with disabilities live in rural areas, the Census 2001 indicates 75% and the NSSO 58^th round 2002 indicates 73% persons with disabilities are from rural areas.

Gender

The gender disparity, the Census 2001 indicates 58:42 and the NSSO 58^th round 2002 indicates 59:41 male: female ratio could also be a reflection of the highly gendered nature of Indian society as a whole. Nationally, the numbers of women to men are 933 per 1000 (Census 2001 - http://www.censusindia.net/t_00_003.html).

There is a general preference for male children in India. Girls are often neglected and receive less food than boys. They are also less likely to be educated. If girls and women in general are not valued, then disabled girls and women are likely to be even less so. In addition, studies reveal that where men and women have similar impairments, women are more likely to continue working and carrying out household tasks, less likely to seek medical treatment and see themselves as disabled (Erb and Harriss-White 2002, Mohapatra and Mohanty 2004).

Persons with disabilities - Prevalence Rate:

The Prevalence rates (number of disabled persons per 100,000 persons)

Rural			Urban			Total of Rural and Urban
Male	Female	Total	Male	Female	Total	Male	Female	Total
2118	1556	1846	1670	1331	1449	2000	1493	1775

Source: NSSO 58th round (Jul-Dec 2002)

Persons with disabilities - Age Groups

NSSO 2002 – Prevalence
Age Group	Rural	Urban
0-4	523	487
5-9	1167	1015
10-14	1549	1317
15-19	1748	1337
20-24	1627	1242
25-29	1487	1000
30-34	1448	1054
35-39	1444	1138
40-44	1594	1309
45-49	1907	1476
50-54	2283	1855
55-59	3025	2571
60+	6401	5511
5 & Above	1846	1499

Source: NSSO 58th round (Jul-Dec 2002)

Disabled Persons, Incidence Rates:

The disability incidence rates (The number of persons whose onset of disability by birth or after birth has been during the specified period of 365 days preceding the data of the survey collected by the NSSO enumerators, per 100,000 persons) was 69 in NSSO 2002 survey.

Rural			Urban			Total
Male	Female	Total	Male	Female	Total	Male	Female	Total
77	61	69	75	58	67	76	60	69

Source: NSSO 58th round (Jul-Dec 2002)

Disabled Persons, Onset of Disability since Birth:

Nearly 1/3rd of the disabled persons have acquired disability since their birth depicting impact of heredity, defective gene mutation, congenial defects, inappropriate services at the time of delivery and low level of nutrition and healthcare provided to the pregnant mothers during their pregnancy period.

Onset of Disability since Birth (per 1000 disabled persons)

Rural			Urban			Total
Male	Female	Total	Male	Female	Total	Male	Female	Total
335	315	327	303	298	301	328	311	321

Source: NSSO 58th round (Jul-Dec 2002)

Both rural and urban areas have reported around 33% disability cases since birth. A number of cases of inappropriate methods adopted at the time of delivery were also reported through several sample surveys as one of the causes of disability since birth. Hence measures for appropriate immunization coverage and nutritional food for the pregnant mothers needs to be given top priority to reduce disability rates at the time of birth.

(Disability Status in India - Case Study of Delhi Metropolitan Region*, Bupinder Zutshi, PhD, Center for the Study of Regional Development, Jawaharlal Nehru University, New Delhi, India, September 2004, http://www.disabilityindia.org/StatusBookFrame.cfm )

Possible causes of Disability (impairment)

Almost 70% of the causes of disabilities in India are due to communicable diseases, serious illness during childhood, pregnancy related, polio, ear discharge, eye diseases, cataract, accident, violence and untreated injuries/ diseases. All of which have a strong relationship to poverty.

Poverty is the biggest cause of disability in India. The 360 million people in India who live below the poverty line are the most vulnerable to impairments, as they are more likely to:

· suffer malnutrition

· live in crowded and unsanitary conditions, making them more at risk of catching infectious diseases

· have limited access to medical care

· consult traditional healers

· be poorly educated and lack basic knowledge

· not immunise their children.

Road traffic injuries

Road traffic injuries are a huge public health and development problem and also becoming one of the major causes of disabilities. According to official statistics 80,118 persons were killed and 342,200 injured in road traffic crashes in India in the year 2000 (Accidental deaths and suicides in India 2000. 1-178. 2002. New Delhi, National Crime Records Bureau, Ministry of Home Afffairs). However, this is an underestimate, as not all injuries are reported to the police. The actual numbers are likely to have been in the region of 1,200,000 persons with injuries requiring hospital treatment and 5,600,000 persons sustaining minor injuries. The road traffic crash injury and death rates in India are unacceptably high and that the total number of annual deaths in India rank second only to China compared to all countries in the world. Both WHO and World Bank data show that, without appropriate action, these injuries will rise dramatically by the year 2020, particularly in rapidly-motorizing countries like India. This situation has remained almost the same for the last two decades and unlikely to improve unless there is a radical departure from previous practices and new systems are set up to control the problem (The Road Ahead Traffic Injuries and Fatalities in India, Dinesh Mohan, April 2004, IIT-Delhi, Transportation Research And Injury Prevention Programme).

In addition to it must be noted that many of the causes of disability (impairments) are unknown.

Disability (impairments) leading to discrimination

Like in a majority of societies, in India too the persons with disabilities face a lot of discrimination and are marginalized. Three major type of discrimination have been identified: attitudinal, environmental and institutional. (Disability, Equality and Human Rights – A training manual for development and humanitarian organizations – Alison Harris with Sue Enfield, Oxfam GB, 2003). Persons with disabilities may be socially excluded by attitudes of fear and ignorance on the part of non-disabled people, who may use negative and pejorative language about them; or they may be excluded from society because of generally low expectations of what persons with disabilities can achieve. Environmental discrimination occurs when public services, buildings, and transport services are not designed with access for persons with disabilities in mind. Institutional discrimination takes place when the law discriminates (explicitly or by omission) against the rights of persons with disabilities, making them in some way second-class citizens – without the right to vote, to own land, to attend school, to marry and have children.

Access to Rehabilitation Services

A major step to providing rehabilitation services for all was initiated by the government in the late seventies when the Ministry of Social Welfare set up four National Institutes. They are - National Institute for the Orthopaedically Handicapped (NIOH) – Kolkata; National Institute for the Visually Handicapped (NIVH) – Dehradun; National Institute for the Mentally Handicapped (NIMH) – Secundrabad; and National Institute for the Hearing Handicapped (NIHH) – Mumbai. These institutes were set up to train specialised people to meet the needs of people with different disabilities.

In 1985, the Government of India launched the District Rehabilitation Centre (DRC) Scheme in collaboration with the National Institute of Disability and Rehabilitation Research (NIDRR), the US Department of Education and UNICEF. The project was aimed at providing a complete package of model rehabilitation services at every district level. There are more than 500 districts in India and some cover vast areas. Four Regional Rehabilitation Training Centres (RRTC) were established to support the DRCs. However, the DRC scheme has not covered all Districts and some of the existing ones may not be functioning to full capacity. The needs of the majority of disabled people are not met.

In continuing attempts to ensure rehabilitation services for all, the government has introduced a few other schemes. Most outstanding amongst these are ‘The Scheme to Promote Voluntary Action for Persons with Disabilities’ evolved during 1998 which provides grant-in-aid to voluntary organisations for the promotion of community based rehabilitation and the Assistance to Disabled Persons in India (ADIP) by the Ministry of Social Justice & Empowerment (MSJ&E) which is now responsible for disability issues.

At present, there are a number of benefits/directives/rules for persons with disabilities in the areas of education, health, labour, rural development, social welfare and other sectors. The result of all these attempts still means that only about 5% of the disabled population of India is reached. The question is why so few disabled people receive the full benefits due to them.

Most recently the Government of India introduced an ambitious plan with a target to reach 10% of the disabled population by the completion of the 10th Five Year Plan which started in 2002. The sole aim of the ‘National Programme for the Rehabilitation of Persons with Disabilities’ (NPRPD) is to reach disabled people in remote areas and the plan it proposes will have a delivery system directly from the State level to the Gram Panchayat level.

The 73rd Constitutional Amendment lists disability rehabilitation as one of the responsibilities of Gram Panchayats. At the community level, Panchayats can play an important role in various aspects of disability rehabilitation. In this model, rehabilitation at the community level implies direct involvement of the Panchayats in every process.

It is difficult to assess the achievements half way through the plan. However, going by the achievements of the previous Five Year Plan there has been limited progress.

It has taken a long time to achieve to the estimated 5-10% coverage in rehabilitation services and training. But for the first time the Government of India has acknowledged that rehabilitation service delivery mechanism at Village and Gram Panchayat level will be a community based approach that can start at Panchayat level.

NGOs could play a bigger role to implement community based rehabilitation programmes at village to District levels and to organise disabled people and their families as pressure groups to ensure that the State and all its administrative agencies such as the Panchayats assist Persons with Disabilities are supported and have access to services. (http://www.disabilityanddevelopmentpartners.org/accesstorehabilitation.htm )

Literacy and Education Levels:

The current educational system does very little to create an enabling environment for the inclusion of children with disabilities. The distribution of persons with disabilities (aged 5 years and above) by level of general education (including illiteracy) was ascertained by the NSSO report in 2002. About 59% disabled persons in rural areas and 40% disabled persons in urban areas were illiterate. Even among disabled literates, significant proportions were educated only up to primary or middle level both in rural and urban areas. Only 7% and 17% disabled persons in rural and urban areas respectively, were educated up to secondary or above secondary levels in 2002.

Providing vocational training is one of the alternatives for making disabled persons secure, to earn their livelihood. Unfortunately in spite of several measures like opening of vocational rehabilitation centers by the Ministry of Labour through the development of VRCs, yet only 1.5% and 3.6% disabled population in rural and urban areas respectively had received vocational training in 2002. The nature of vocational training received also depicts that majority (80% in rural and 75% in urban area) of the vocationally trained disabled persons had received non-engineering, low profile vocational training. Thus majority of them lacked earning capacity through the training. Only 20% and 25% vocational trained disabled persons in rural and urban areas respectively had received engineering training.

Educational Status (Figures in Percentage)

Educational Status	Rural	Urban
Non-literate	59	40

Primary	24.4	28.8
Middle	9.7	13.7
Secondary	3.8	7.8
Higher-secondary	2.1	5.1
Graduation and above	1	4.6
Not Reported	0.1	0.1

Vocational Training received	1.5	3.6
Engineering	20	25
Non-Engineering	80	75
ALL	14,085,000	4,406,000

Source: NSSO 58th round (Jul-Dec 2002)

Usual Activity Status (Figures in Percentage)

Usual Activity Status	Rural		Urban
	Male	Female	Male	Female
Employed	36.9	10.9	34.7	8.7
Unemployed	0.8	0.2	1.8	0.4
Out-of -Labour Force	62.2	88.9	63.5	90.9

Source: NSSO 58th round (Jul-Dec 2002)

Disabled Persons, Work Activity Status

The work activity status of disabled persons depicts that about 46% of disabled populations both in rural and urban areas were without any work. Thus in spite of the PWD Act 1995, employment scenario has not changed for the disabled persons. Provision of reservation of 3% jobs in all government services has not changed employment scenario for disabled persons. Only 1.8% and 7.3% disabled persons in rural and urban areas respectively were regular employees in 2002. Even the nature of employment was only in low-level profile of jobs with low-income. Although 3% job reservation in all categories (A, B, C, and D groups) were stipulated in the PWD Act-1995, yet very few attempts have been made by the state governments to identify the jobs to be reserved for A and B groups in majority of the states. Although identification of jobs for all four categories has been completed by the central government but little attempts have been made to fill up A and B category post either because of non-availability of appropriate persons or because of improper/ unsatisfactory job identification for A and B groups.

The NSSO 2002 survey also depicts decline in proportion of self-employed in non-agricultural sectors in urban areas and in agricultural sector in rural areas during 1991-2002. A significant proportion of the disabled persons were attending domestic work, which does not generate any significant income opportunities rather majority of them are under paid or at best provided basic food requirements. Thus employment scenario for the disabled population looks gloomy and requires immediate steps from government and private sectors.

Work Activity Status (Figures in Percentage)

Work Activity Status	Rural	Urban

Self Employed in Agriculture	10.6	9.4
Self Employed in Non-Agriculture	5.1	2.2
Regular Employee	1.8	7.3
Casual Employee	8.8	4.9
Attending Educational Institution	13.7	16
Attending Domestic Work	12.8	13.5

Begging	0.5	0.9

No Work	46	44.5

ALL	14,085,000	4,406,000

Women with disabilities

Disability can have a profound impact on an individual's ability to carry out traditionally expected gender roles, particularly for women. Although both men and women with disabilities would face difficulties in fulfilling their expected gender roles, as long as a disabled man earns a living, his chances of getting married and having a family are much more than those of a disabled woman. A disabled woman is perceived as one who is unable to perform her traditional roles of wife, mother and home-maker because of her disability, even if she may be able to do so in reality. This is largely due to negative attitudes and stereotypes about what disabled women can or cannot do. In addition, because there are few positive role models for women with disabilities, many myths prevail about them. As a result, many disabled women come to consider themselves as 'non-persons, with no rights or privileges to claim, no duties or functions to perform, no aim in life to achieve, no aptitudes to consult or fulfil'.

Women with disabilities generally have less access to rehabilitation services than disabled men. In accordance with the traditional social and cultural norms in village societies, many women do not go out of their houses to seek help for health care, especially if the care-provider is a male. Most rehabilitation personnel, including CBR workers in developing countries are men. Thus even home based services provided by male CBR workers, are out of reach for women with disabilities.

Women with disabilities tend to be more vulnerable to exploitation of various kinds, such as sexual harassment, domestic violence and exploitation in the workplace. According to the 1995 UNDP Human Development Report, women with disabilities are twice as prone to divorce, separation, and violence as able-bodied women. Disabled women also tend to be relatively easy targets of sexual exploitation, particularly if they are mentally retarded. In general, disabled women tend to be in a state of physical, social and economic dependency. This can lead to increased vulnerability to exploitation and violence. Because of the relative isolation and anonymity in which women with disabilities live, the potential for physical and emotional abuse is high. It is estimated that having a disability doubles an individual's likelihood of being assaulted. At the same time, and because of their isolation, women with disabilities are likely to have fewer resources to turn to for help.

(Addressing Concerns Of Women With Disabilities In CBR, Maya Thomas, M.J. Thomas http://www.worldenable.net/wadbangkok2003/paperthomas.htm)

The Elderly and disabled

The world is going white. A demographic restructuring of the world populace is underway. United Nations estimates put the number of those aged 60 plus at 600 million, i.e. 10 per cent of the world population. The number is expected to approximate two billion by 2050. And a large proportion of senior citizens would live in the developing economies.

According to the NSSO, 58^th round, Dec 2002 survey (statement 5), the highest prevalence of disability (number of disabled persons per 100,000 persons) are among people who are aged 60 plus. The prevalence rate is 6401 in rural areas and 5511 in urban areas. It can be observed that the prevalence rate is more that double the rate when compared with other age groups.

In India, the absence of a safety net for the aged has exacerbated the problem. Traditionally, the joint family took care of the aged. Rapid urbanisation and the exodus of persons from rural to urban areas have created a vicious situation. Slums are areas without housing or healthcare. In the absence of the ability to earn, and without community support, in the form of kinsmen or the extended family, the aged are rendered destitute.

For destitute and old, food, shelter, and medicines are essential. For the solvent and old, the need to feel useful, productive, more and significant. For the old and infirm, professional care for personal tasks such as bathing, eating etc and assistance to perform even daily chores could be required. The problems of old women, single, widowed, or divorced are quite different from those of old men. (Senior citizens deserve a safety net, by Punam Khaira Sidhu, http://www.tribuneindia.com/2004/20041031/edit.htm#2)

Thus, even regarding the older people with disabilities, the plan ensures governments include in the agenda of national policy issues concerning older people with disabilities. For both humanitarian and economic reasons, older people should have the same access to preventive and curative care and rehabilitation as other groups. (The old should be included in national plans, By Terence Perera, http://www.dailymirror.lk/inside/health/030818.html)

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India - Indicators used to identify households living below poverty line

2006-05-16T10:49:00.000+03:00

As per the Decision of Government of India for the Door to Door survey for tenth five year plan (2002-2007) - To identify the households living below poverty line (BPL) who could be assisted under various Anti poverty programmes implemented by the government at central or at state level.

There are 13 indicators to identify BPL families for which scores are assigned on a relative scale. They are as follows -

Size group of operational holding of land

· Irrigated= 2 times un irrigated

· Encroached land used for agri will be counted

Type of House

· Kuccha, Semipucca, Pucca

Average availability of normal wear clothing

· Number of pieces of cloths per person excluding undergarments

Food Security

· Less than one square meal, more than meal some part of the year etc

Sanitation

· Open defecations, latrine etc

Ownership of consumer durables

· Like TV, Fan, Radio, Kithen appliances

Literacy status of the highest literate adult

· Only of adult, Children's educational status not to be counted

· Status of household in labor force - Bounded, Child, Women etc, Principal of Maximum deprivation is required to be used

9. Means of livelihood

· Casual labourer, Artisan etc

10. Status of Children

· School going, working etc

11. Type of indebtness

· Purpose of indebtness

12. Reason for migration from household

· Casual work, seasonal employment etc

13. Preference of assistance

· Wage employment, Self employment training, Hosing etc

Human Rights and Disability Asia 2006

2006-05-04T20:43:00.000+03:00

During 2006 two Sida International Training Programmes on Human Rights and Disability will be organised by SHIA. The first one will target Asian participants from the following countries: Afghanistan, Bangladesh, Cambodia, China, East Timor, India, Indonesia, Laos, Nepal, The Philippines, Sri Lanka, Thailand, Vietnam. The course will be held at Almåsa conference centre between the 8th and 19th of May 2006. The closing date for applying is November 15th 2005.

The second course will target participants from the MENA region- Middle East and Northern Africa from the following countries: Algeria, Egypt, Iran, Iraq, Jordan, Lebanon, Libya, Morocco, Oman, Saudi Arabia, Syria, Tunisia, West Bank and Gaza, Yemen. The course will be held at Almåsa conference centre between the 4th and 15th of September 2006. The closing date for applying is March 15th 2006.

The programme aims at enhancing knowledge, develop methods and tools, and to provide a foundation for future networking and co-operation and will include:

An overview of the existing Human Rights instruments and discussions on how these can be used to improve life conditions for persons with disabilities.
An opportunity to exchange experiences and opinions concerning the drafting of the new UN “Convention on Disability” and the future role of the UN Standard Rules and the proposed additions.
An analysis of Poverty Reduction Strategies and other multilateral programmes and how disability aspects can be included. Methods and skills needed to influence these processes. Discussions around poverty and human rights from a disability perspective.
Exchange of experience of how persons with disabilities and their organisations can increase their participation in the development of policies.
Introduction to Swedish disability policy, legislation and social services, including study visits to relevant Swedish authorities, institutions and organisations.

Issues such as gender, children and hiv/aids in relation with persons with disabilities will be included within all topics.

The programme is targeting participants from regional or national DPOs, government agencies and NGOs working in the area of Human Rights and disability. Persons with disabilities have been especially encouraged to apply.

The programme organiser is SHIA - the Swedish Organisations’ of Disabled Persons International Aid Association.