National Intelligence Bureau Clone

The Current Landscape

The government has proposed 108 amendments to the Persons with Disabilities (PWD) Act, the overarching disability legislation in India. However, disabled rights groups are demanding a new law instead that would guarantee civil and political rights to disabled people and expand the definition of disability.

The Ministry of Social Justice and Empowerment has been holding national consultative meetings regarding these proposed amendments. The core debate centres on whether to amend the existing law or enact an entirely new one.

Historical Context: 1995 Act vs. UN Convention

The PWD Act (1995): This Act heralded a new dawn, formulating a separate law for disabled people for the first time in independent India. However, activists soon identified numerous loopholes. It was primarily enacted to eliminate barriers rather than explicitly recognize rights.

The UN Convention (2007): India ratified the UN Convention on the Rights of Persons with Disabilities in October 2007. This marked a formal shift from the archaic medical model to the social model.

The Convention recognizes that persons with disability are rights-holders rather than passive recipients of government schemes.

The Debate: Retain or Recast?

There is a need to align Indian laws with the UN Convention. While the Ministry has proposed 108 amendments, the Disabled Rights Group (DRG) argues that the PWD Act has served its time.

Government Stance: Proposing 108 amendments (including 50 new provisions).
Activists' Stance: Advocates argue that the old law would need over 300 amendments to be suitable. A new law is preferred to ensure punitive actions are included, which are currently missing from the proposed amendments.

Comparison: PWD Act vs. UN Convention

1. Purpose & Rights

The Convention places civil/political rights on equal footing with economic/social rights. The PWD Act barely provides for civil and political rights, and the proposed amendments continue to neglect them.

2. Construction of Disability

PWD Act: Narrow definition limited to 7 conditions (blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation, mental illness).
UN Convention: Recognizes disability as an "evolving concept" resulting from the interaction between impairments and barriers.

3. Foundational Principles

The Convention emphasizes dignity, autonomy, non-discrimination, and inclusion. The proposed amendments merely replicate these principles without incorporating the necessary enabling provisions.

4. Extent of Application

The Convention requires the state to address discrimination even in the private sector. The proposed amendments fail to expressly prohibit this or spell out consequences.

Rights Recognized by the UN Convention

The Convention expressly recognizes a comprehensive list of rights, including:

Right to equality and non-discrimination.
Right to life, liberty, and security of person.
Right to access justice and recognition before law.
Right to freedom from torture, exploitation, and abuse.
Right to privacy, marriage, and family.
Right to education, health, and adequate standard of living.

Right to vote and participate in political life.
Right to accessibility (physical, information, transport).
Specific rights for women and children with disabilities.
Right to live in the community and choose residence.

Critique of Current Law: The existing PWD Act only significantly recognizes the right to education and some employment reservations. It fails to cover civil rights like recognition before law, privacy, or protection against torture.

The Path Forward

The consensus among disability rights groups is that the PWD Act requires a complete overhaul, similar to how the Juvenile Justice Act was re-enacted in 2000.

Involvement of stakeholders is inherent in a rights-based approach. The harmonization of Indian law with the UN Convention must be thoroughly debated with stakeholders, rather than decided unilaterally by the government.

"It’s the decision of our lives, and we will not allow a few officers in the ministry to force down their opinion on us anymore." — Rajarshi Chakrobarti, Secretary of Swabalamban.

NATIONAL INTELLIGENCE BUREAU

Disability Rights