Persons with disabilities are vulnerable because of many barriers they face like attitudinal, physical, moral, psychological, behavioral and financial. Addressing these barriers is within our reach and we have a moral duty to do so. Governments also can not overlook the hundreds of millions of people with disabilities who are denied required access to health, rehabilitation, support, education, and employment. The Constitution of India, like other citizens, provides the persons with disabilities all the rights which include fundamental rights, and rights under directive principles. But, surprisingly, in an era where ‘inclusive development’ is being emphasized as the right path towards sustainable development, focused initiatives for the welfare of disabled persons are still lacking. Although they are recognized as valuable human resources for the country, their genuine concerns are still far from redressal. So the Government must further its efforts towards establishment of an inclusive, barrier-free and rights-based society for persons with disabilities. A permanent and long term initiative must be in place to ensure progress towards improving the quality of life, and the fulfillment of the rights of the persons with disability.
International Disability Day or International Day of Persons with Disabilities (IDPD) is celebrated every year on 3rd of December world over. In India out of the 140 Cr population, 2.90 Cr persons are ‘disabled’ which is 2.21% of the total population. Out of the total disabled, around 1.4 percent is in rural areas and the rest in urban areas. The Rights of Persons with Disabilities Act, enacted in India in 2016, marks a significant stride towards the empowerment and inclusion of individuals with disabilities, often referred to as “divyangs.” This comprehensive legislation replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995, reflecting an evolving understanding of disability rights and the need for a more robust legal framework. The term “divyang” itself, meaning “divine body,” was introduced by the Prime Minister of India, Narendra Modi, in an effort to foster a more positive and respectful attitude towards individuals with disabilities. However, the usage of this term has been met with mixed reactions, with some arguing that it may inadvertently romanticize disability. The Rights of Persons with Disabilities Act, 2016, recognizes a broader spectrum of disabilities, expanding from the seven categories specified in the earlier legislation to twenty-one. This broader definition encompasses physical, intellectual, mental, and sensory impairments, ensuring a more inclusive approach. The Act incorporates the principles of equality and non-discrimination, aligning with international conventions such as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007.
Key provisions of the Act include affirmative action measures in education and employment, reservation of seats in government institutions, and the promotion of barrier-free access in public spaces. It mandates the creation of a barrier-free environment, reasonable accommodations, and assistive devices to facilitate the full participation of individuals with disabilities in society. Moreover, the Act emphasizes the rights to healthcare, rehabilitation, and social protection, acknowledging the holistic needs of persons with disabilities. One notable feature of the Act is the introduction of the concept of “guardianship” for persons with intellectual and psychosocial disabilities. It aims to strike a balance between autonomy and protection, ensuring that individuals with such disabilities enjoy their rights while safeguarding their interests. The Act also recognizes the right to legal capacity, challenging the traditional approach that often deemed persons with disabilities as incapable of making decisions. It emphasizes the importance of supported decision-making, empowering individuals to exercise their legal capacity with assistance, if necessary. Despite these progressive measures, challenges persist in the effective implementation of the Act. Issues such as attitudinal barriers, lack of accessibility infrastructure, and social stigma continue to hinder the full integration of persons with disabilities into mainstream society. Furthermore, there is a need for increased awareness and sensitization to foster a more inclusive mind-set. Unless there is an involvement of families in particular and society at large, the government initiatives cannot be taken to full logical conclusions. Moreover, making laws is not sufficient for a change in society. Its implementation is very important. Our country is lacking in that direction. As the law mentions independent educational institutions, hospitals, inclusive development but somewhere we are far behind in that aspect. We have no special schools at district level, no hospitals, no hostels, and no industrial and other private packages for divyangs. Unless this is done, bringing divyangs in the social and national mainstream will remain a cosmetic effect. So, let us unite together and bring this around 2.41 percent population as a part and parcel of our mainstream society. Being disabled never hinders mental, moral, spiritual and educational advancement. We have an example of two revered saints who both were disabled right from their birth. Even then, they showed us all a path of attainment and self-realisation. Here is a brief about their life and achievements.
Surdas, a revered saint and poet, although blind from birth is renowned for his devotional compositions dedicated to Lord Krishna. Surdas exhibited a profound spiritual insight that transcended his physical limitation and delved deep into the path of devotion, composing devotional songs known as “bhajans” that vividly expressed his love for Lord Krishna. His poetic works primarily revolved around the exploits of Krishna in his childhood and youth, often depicting the divine love between Krishna and Radha. One of Surdas’ most famous literary contributions is the “Sursagar,” a compilation of his compositions that has been revered for centuries and remains an integral part of the devotional landscape in India. Surdas’ devotion to Krishna was not merely an artistic pursuit but divine and encouraging followers to seek a deeper connection with God. The saint faced challenges and skepticism due to his blindness, but his unwavering faith and extraordinary poetic talent overcame all obstacles. Surdas’ bhajans resonated with people from various walks of life, cutting across social and cultural barriers. Surdas the blind saint and poet, left an indelible mark on the landscape of devotional literature in India.
Similarly, Ashtavakra is also a revered figure in Hindu philosophy known for his significant contributions to the ancient Indian scriptures and his unique life story. Ashtavakra was born with eight physical deformities, hence the name “Ashtavakra,” meaning one with eight bends or deformities. Despite his physical deformities, he displayed exceptional intelligence, engaged in profound philosophical debates with scholars in King Janaka’s court, demonstrating his deep understanding of the Vedas and Upanishads. One of the most significant contributions of Ashtavakra is the “Ashtavakra Gita,” a revered text in Advaita Vedanta. This scripture is a dialogue between Ashtavakra and King Janaka, addressing profound philosophical concepts such as the nature of reality, the self, and the path to liberation. Ashtavakra’s character is often portrayed as a symbol of spiritual maturity and detachment. His physical deformities serve as a metaphor for the transcendent nature of the self, unaffected by the limitations of the body. Ashtavakra’s teachings advocate for looking beyond external appearances and recognizing the eternal essence within. In addition to the Ashtavakra Gita, Ashtavakra is associated with other spiritual texts and stories. His interactions with King Janaka contribute to a rich tapestry of wisdom and spiritual guidance. Ashtavakra’s life and character continue to inspire seekers on the path of spiritual enlightenment. Ashtavakra’s legacy endures through the timeless wisdom encapsulated in the Ashtavakra Gita, making him a revered figure in the philosophical traditions of India.
In conclusion, the Rights of Persons with Disabilities Act, 2016, represents a landmark in the journey towards a more inclusive and equitable society for individuals with disabilities in India. However, realizing the full potential of this legislation requires concerted efforts from all stakeholders, including the government, civil society, and the general public, to break down barriers and create a truly inclusive environment for divyangs who are in no way less to us all.
The author is serving as an Assistant Director in the forest department.
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