SC’s  Judgment on Disability Rights

Syllabus: GS 2/ Governance 

In News 

• The Supreme Court affirmed that accessibility to environments, services, and opportunities is an essential human and fundamental right for persons with disabilities, yet this right is largely unfulfilled.

Disability rights in India 

• Disability rights in India are undergoing a transformative shift, propelled by the government’s commitment to inclusivity and empowerment for persons with disabilities (PwDs). 
• This movement is supported by various policies and initiatives aimed at ensuring that every  individual, regardless of ability, can access opportunities and participate fully in society. 
• Recently, the Supreme Court directed the government to update the Rights of Persons with Disabilities Rules to enforce mandatory standards within three months.

Key efforts Taken

• Rights of Persons with Disabilities Act, 2016 (RPwD): Replaces the 1995 Act, aligning with the UNCRPD to promote dignity, non-discrimination, and equal opportunities for PwDs.
• National Trust Act, 1999: Establishes a body dedicated to the welfare of individuals with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities.
• Rehabilitation Council of India Act, 1992: Regulates rehabilitation services, standardizes syllabi, and maintains a Central Rehabilitation Register for qualified professionals.
• Scheme for Implementation of RPwD Act (SIPDA):Aims to provide skill development training to PwDs aged 15-59, particularly for those with hearing and speech impairments.
• ADIP Scheme: Provides aids and assistive devices, including cochlear implants for children with hearing impairments, through funding to agencies.
• SAMARTH Respite Care:Offers temporary housing support for orphans, crisis-affected families, and PwDs from low-income groups.
• Deendayal Divyangjan Rehabilitation Scheme (DDRS): Provides grants to NGOs running special schools, early intervention programs, and community-based rehabilitation projects for PwDs.
• National Divyangjan Finance and Development Corporation (NDFDC): Offers concessional loans for PwDs’ socio-economic empowerment via Divyangjan Swavalamban Yojana and Vishesh Microfinance Yojana.
• PM-DAKSH-DEPwD Portal:Offers two modules: Skill Training for PwDs and Divyangjan Rozgar Setu, which connects PwDs to employment opportunities.
• Accessible India Campaign: This initiative aims to create a barrier-free environment in education, transportation, and public spaces to enhance accessibility for everyone.
• Divya Kala Mela: This event celebrates the craftsmanship of differently-abled artisans, promoting economic self-reliance and showcasing their talents.

Issues and Concerns 

• Ground-Level Disparities: There are inconsistencies in accessible infrastructure across regions, such as Delhi having 3,775 wheelchair-accessible buses versus Tamil Nadu’s 1,917, and highlighted that newer facilities, like Andheri Metro Station, meet standards, while older ones, like the Bombay Art Gallery, lack basic accessibility features.
• Overlooked Right to Relationships: society often neglects the emotional and relational rights of PWDs, including the need for love, privacy, and intimacy, which are often denied due to inadequate private spaces.
• Mandatory Accessibility Standards: There are concerns for the lack of mandatory accessibility standards .
• Social Model of Disability: The “social model of disability,” which shifts the focus from “fixing” individuals to removing physical, organizational, and attitudinal barriers that create disability in society.
• Role of Society: Disability becomes a tragedy only if society fails to provide adequate resources and support to PWDs.

Suggestions and Way Forward 

• Built Environment Accessibility: There is a need to ensure accessible indoor and outdoor facilities, such as schools, medical centers, and workplaces.
  • Remove physical barriers to create inclusive environments benefiting everyone, including persons with disabilities (PwDs).
• Transportation System Accessibility: Enable accessible transportation options across air travel, buses, taxis, and trains.
• Information and Communication Accessibility: Provide accessible information to enable informed decision-making in daily life (e.g., reading price tags, event participation, healthcare info, train schedules).
• Increasing Sign Language Interpreters:Expand the number of sign language interpreters to support individuals relying on sign language.

Source : TH