Active Empowerment of Specially-abled in India | 01 May 2025
This editorial is based on “Enabling legislation: on Tamil Nadu Bills, persons with disabilities” which was published in The Hindu on 21/04/2025.The article brings into picture Tamil Nadu’s pioneering move to reserve posts for persons with disabilities in local bodies, highlighting a shift from tokenism to true inclusion.
For Prelims: Persons With Disabilities, Digital Personal Data Protection Act, 2023, Rights of Persons with Disabilities (RPWD) Act, 2016, Mental Healthcare Act, 2017, UN Convention on the Rights of Persons with Disabilities, Salamanca Statement, Accessible India Campaign.
For Mains: Key Provisions in India for the Active Development of Persons with Disabilities, Key Issues Associated with Persons with Disabilities in India.
Tamil Nadu's landmark legislation guaranteeing positions for persons with disabilities across local governing bodies represents a revolutionary step in inclusive governance by elevating disabled citizens from marginalized status to community leadership roles. This first-of-its-kind policy in India creates pathways for dignity and participation that extend beyond tokenistic inclusion. In a broader Indian context, it sets a progressive precedent for other states to emulate, reinforcing the constitutional vision of equality, empowerment, and grassroots democracy.
What are the Key Provisions in India for the Active Development of Persons with Disabilities?
- Key Constitutional Provisions:
- Article 14 - Right to Equality: Guarantees equality before the law and protection from discrimination for all, including PwDs, ensuring equal rights and opportunities.
- Article 15 - Prohibition of Discrimination: Prohibits discrimination, allowing the state to make special provisions for PwDs' welfare.
- Article 16 - Equality of Opportunity in Employment: Provides equal opportunity in public employment and supports job reservations for PwDs in government sectors.
- Article 41 - Right to Work and Education: Directs the state to provide employment, education, and public assistance for PwDs, forming the basis for welfare schemes.
- Other Provisions:
- Rights of Persons with Disabilities (RPwD) Act, 2016: The RPwD Act, 2016 is the cornerstone of legal provisions for PwDs in India.
- It expanded the definition of disability to include 21 categories, such as mental illness, autism, and cerebral palsy.
- It provides for a 4% reservation in government jobs for PwDs in all categories, including government departments and public sector enterprises.
- Additionally, 5% reservation is provided for PwDs in government educational institutions.
- Accessible India Campaign (Sugamya Bharat Abhiyan): The Accessible India Campaign, launched in 2015, focuses on creating accessible infrastructure, digital spaces, and services for PwDs.
- The campaign aims to make public transport, buildings, and government websites more accessible by introducing universal design principles.
- Deendayal Disabled Rehabilitation Scheme (DDRS): The DDRS is a flagship scheme under the Ministry of Social Justice and Empowerment that provides grants to Non-Governmental Organizations (NGOs) working in the area of disability rehabilitation.
- This scheme supports activities related to the rehabilitation of PwDs, such as skill development, vocational training, and awareness programs
- National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities: The National Trust Act, 1999, aims to provide services for persons with specific disabilities, such as autism, cerebral palsy, and mental retardation.
- Rights of Persons with Disabilities (RPwD) Act, 2016: The RPwD Act, 2016 is the cornerstone of legal provisions for PwDs in India.
What are the Key Issues Associated with Persons with Disabilities in India?
- Barriers in Education and Skill Development: Despite progressive policies like the National Education Policy (NEP) 2020, PwDs continue to face educational exclusion due to lack of accessible infrastructure, inadequate teacher training, and societal stigma.
- A 2019 report stated that more than one in four children with disabilities between ages 5 and 19 in India have never attended any educational institution
- This education gap contributes to their exclusion from skilled employment, perpetuating cycles of poverty and marginalization.
- A 2019 report stated that more than one in four children with disabilities between ages 5 and 19 in India have never attended any educational institution
- Lack of Adequate Employment Opportunities: Despite legislative provisions like the Rights of Persons with Disabilities (RPwD) Act, 2016, there is still a marked gap in employment opportunities for PwDs.
- Discriminatory hiring practices, inadequate workplace accommodations, and societal stigma hinder their participation in the labour market.
- According to recent NSS data, only 36% of PwDs are employed, with men (47%) having better chances than women (23%) in securing jobs.
- Inadequate Accessibility and Infrastructure: The lack of accessible infrastructure—ranging from transportation to public buildings—remains a critical barrier to social participation for PwDs.
- Even with the Accessible India Campaign launched in 2015, infrastructure remains largely inaccessible, especially in rural areas.
- According to a 2018 report by the Department of Empowerment of Persons with Disabilities, only 3% of buildings in India were found to be fully accessible
- Even where they seek justice, persons with disabilities face exclusion, as courts often lack wheelchairs, proper ramps, and accessible infrastructure, as noted by the Centre for Research and Planning.
- Healthcare and Rehabilitation Services: Access to adequate healthcare services and rehabilitation for PwDs is another pressing issue.
- While schemes like the Deendayal Disabled Rehabilitation Scheme aim to provide support, many PwDs, especially those with severe disabilities, face inadequate healthcare provisions.
- Recent surveys indicate that around one-fifth (20.32%) of the household's (having PwD) monthly consumption expenditure was spent on out-of-pocket expenditure for disability in India.
- Social Stigma and Discrimination: Social stigma and negative societal attitudes towards PwDs are among the most pervasive challenges.
- These attitudes manifest in discrimination in workplaces, educational institutions, and public spaces.
- The widespread societal belief that disability equates to incapacity fosters exclusionary practices.
- For example, the high unemployment rate among women with disabilities illustrates how gender biases, combined with disability, worsen their social and economic exclusion.
- Unequal Social Security and Welfare Support: Despite the existence of social security schemes such as the National Disability Welfare Fund, PwDs often do not benefit fully from these programs due to inadequate implementation and lack of awareness.
- While the RPwD Act mandates reservation in government jobs and educational institutions, compliance remains inconsistent, especially in the private sector.
- According to the NSS 76th round survey, the percentage of persons with disabilities who received aid/help from Government was just 21.8% and another 1.8% received aid/help from organisations other than Government.
- Barriers in Access to Technology and Assistive Devices: The absence of affordable and accessible assistive technologies remains a significant issue for PwDs.
- While technological innovations can enhance independence, their availability remains scarce, especially in rural areas.
- As per the latest data, less than 10% of PwDs have access to necessary assistive devices. Moreover, in a country with over 2.68 crore PwDs, the lack of integration of technology in daily life for this group restricts their ability to access education, work, and even social services, deepening their exclusion from mainstream society.
- Limited Participation in Political and Civic Life: Despite recent strides in political inclusion—like the Tamil Nadu government’s initiative to nominate persons with disabilities to local bodies—PwDs remain underrepresented in decision-making processes.
- The lack of adequate political representation and participation in governance undermines the voices and concerns of this marginalized group.
- Their limited participation in civic and political spaces results in policies that often overlook their needs.
What Measures can India Adopt for Active Empowerment and Inclusion of PwDs?
- Enhanced Accessibility Infrastructure: India must adopt a comprehensive and uniform approach to building accessible infrastructure across urban and rural areas, building upon the UN Convention on the Rights of Persons with Disabilities (CRPD) (2006).
- This includes the implementation of universal design standards for public transportation, schools, government buildings, and workplaces.
- The government must mandate the construction of ramps, lifts, tactile pathways, and accessible toilets in all public spaces.
- Moreover, regular accessibility audits should be conducted to ensure compliance with accessibility laws.
- Inclusive Education Systems: To ensure that children with disabilities have equal educational opportunities, India must invest in inclusive education at all levels, from primary to higher education, adhering to the Salamanca Statement.
- This entails not only physical accessibility in schools but also curricular adaptations, teacher training, and support services.
- A national policy should be established to provide financial incentives to schools for integrating assistive technologies and specialized learning methods
- Private Sector Engagement for Disability Inclusion: India should establish stronger mandates for the private sector to hire PwDs, along with clear incentives for companies that achieve disability-inclusive hiring practices.
- This can be achieved by incentivizing businesses through tax breaks, subsidies, and recognition programs for creating inclusive workplaces.
- Additionally, employees who acquire disabilities during service must not be terminated and should be offered alternative employment, as mandated by Section 47 of the PwD Act and upheld by the Supreme Court in Bhagwan Dass v. Punjab State Electricity Board (2003).
- Vocational Training and Skill Development: India must expand its vocational training programs to equip PwDs with the technical skills required in various industries, especially in the rapidly growing digital economy.
- These programs should be customized to cater to the diverse types of disabilities and should include online courses, apprenticeship programs, and mentorship opportunities.
- Public-private partnerships could be instrumental in designing inclusive vocational programs, ensuring that they are accessible, relevant, and geared toward both urban and rural PwDs.
- Strengthening Legal and Policy Frameworks: While India has made strides with the RPwD Act, there is an urgent need for more robust enforcement mechanisms to ensure that policies are effectively implemented at the ground level.
- This includes creating a dedicated disability commission with the authority to oversee the implementation of disability laws, conduct investigations, and impose penalties for non-compliance.
- Additionally, government agencies must regularly update data on PwDs, ensuring that policies are based on real-time, comprehensive information.
- Support for PwD Entrepreneurs: To foster economic independence and self-reliance, India should establish dedicated entrepreneurship support programs for PwDs.
- These programs can include access to low-interest loans, business development workshops, and mentorship from successful entrepreneurs with disabilities.
- Furthermore, government-backed platforms should be created for marketing products made by PwD entrepreneurs, ensuring that their businesses gain visibility and recognition.
- Encouraging self-help groups (SHGs) for PwD entrepreneurs would also help in fostering community-driven business ventures.
- More role models like Preethi Srinivasan (Former state-level cricketer turned disability rights activist and co-founder of Soulfree), should be brought into the spotlight.
- Shark Tank India’s "Divyang Special" Episode was a significant step.
- Social Awareness and Attitudinal Change Campaigns: The government should launch a national campaign to change public attitudes towards disability, focusing on promoting the capabilities of PwDs and combating stereotypes.
- Sensitization training should also be integrated into the curricula of schools and universities, with an emphasis on inclusion from a young age.
- By fostering a culture of empathy and understanding, India can break down the stigma and discrimination that PwDs face in everyday life. More movies like “Taare Zameen Par” and “Srikant” should be promoted.
- Improved Healthcare and Rehabilitation Services: To enhance the overall quality of life for PwDs, India should create a more comprehensive healthcare and rehabilitation infrastructure that includes access to specialized medical care, physical therapy, and mental health services.
- The government should ensure that rehabilitation services are available at both the primary and tertiary levels of healthcare, including mobile rehabilitation units for rural areas.
- Additionally, health insurance policies should be made inclusive of PwDs, covering essential assistive devices and treatment costs, allowing for better healthcare access and reduced out-of-pocket expenses.
Conclusion
Tamil Nadu’s initiative marks a paradigm shift toward inclusive democracy by empowering persons with disabilities at the grassroots level. It reflects India’s commitment to constitutional equality, the spirit of "leave no one behind.” and commitment to change the notion of disabled to specially abled. Such steps directly advance SDG 10 (Reduced Inequalities) and SDG 16 (Peace, Justice, and Strong Institutions) by promoting participatory governance and social justice.
Drishti Mains Question: “Despite progressive legislation, persons with disabilities in India continue to face systemic barriers in accessing rights and opportunities”. Discuss. |
UPSC Civil Services Examination, Previous Year Question (PYQ)
Q. India is home to lakhs of persons with disabilities. What are the benefits available to them under the law? (2011)
- Free schooling till the age of 18 years in government run schools.
- Preferential allotment of land for setting up business.
- Ramps in public buildings.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Ans: (d)