Can The Legislation Empower the Disabled?

   

by Dr Mushtaq Rather

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Despite living with a 75 per cent certified disability, Amit refuses to let it hinder his aspirations. He undertakes endeavours that others might hesitate to pursue.

Amit Tickoo has a 75 per cent disability

Life presents profound challenges when an individual is born with a congenital condition. The journey to acceptance is arduous, not only for the person affected but also for their loved ones, as they come to terms with the realities of life. In our societal context, individuals with genetic disorders are often viewed as burdens, perpetuating a misconception that they cannot achieve success or meet expectations in the manner of their peers. This misguided perception exacerbates the hardships faced by those with severe congenital disabilities.

Yet, inspiration emerges not from ordinary lives but from extraordinary journeys marked by unwavering resolve and determination in the face of monumental challenges. Triumphing over adversity, such individuals ignite a beacon of motivation, inspiring generations to confront life’s obstacles with courage and resilience.

Amit’s remarkable story exemplifies this spirit. Born with a severe congenital disability, Amit has navigated a labyrinthine path, overcoming countless hurdles. His journey serves as a testament to the human capacity for perseverance, illuminating the transformative power of resilience.

The Rights of Persons with Disabilities Act (2016) underscores the imperative of recognizing and supporting individuals like Amit. By sharing his narrative, we aim to inspire others to traverse their unique challenges, fostering empathy, understanding and inclusivity within our society.

Through his story, we aspire to kindle hope, encouraging others to embark upon their distinct paths to empowerment.

In the historic town of Mattan, renowned for its majestic Sun Temple, Avtar Krishan Tickoo and Lalita Tickoo welcomed their newborn son, Amit Tickoo, in 1982. The arrival of a new life typically brings boundless joy to families. Amit’s parents likely shared this euphoria, though they could not have anticipated their child’s life would unfold differently.

Amit’s diagnosis with Post Polio Paraparesis, a severe locomotory disability restricting hind limb movement, profoundly impacted his family. This unexpected revelation challenged their resilience. Unlike many parents of children with disabilities, Amit’s parents demonstrated unwavering determination. Education became their primary focus, driven by the conviction that knowledge would alleviate their child’s hardships.

Amit’s educational journey commenced at Lyceum Public School in Mattan, where he studied until the second grade. His dependence on support necessitated family assistance for daily school commutes. As Amit adapted to mainstream classrooms, progress ensued. However, the sudden displacement of Kashmiri Pandits from the valley to Jammu and other regions in the 1990s introduced new challenges.

Amit and his family faced daunting readjustments amidst unfamiliar, inhospitable climates. Their resolve would undergo further testing. The family’s unwavering commitment to Amit’s education remained steadfast, shaping the contours of his life’s path. This narrative unfolds the remarkable story of Amit Tickoo, illuminating resilience in the face of adversity.

Amit’s father, a central government employee, necessitated frequent family relocations due to his transferable post. In 1993, his father’s assignment to Lakhanpur led to Amit’s admission to Cosmic Heart School in class three. The school’s unique advantage was its location within the family’s residence, facilitating ease of access.

To support his mobility, Amit utilised braces from 1990 to 1993. Later, in 1996, these were replaced with clippers and a walking stick. A pivotal moment arrived when Amit’s parents resolved to enrol him in a senior secondary school situated 15 kilometres away in Kathua district.

This deliberate decision reflected the family’s steadfast trust in Amit’s capacity for self-reliance, grit and determination. By navigating daily 15-kilometre commutes via public transport, Amit discovered empowerment, recognizing his ability to live independently like his peers. His disability transformed into a source of strength, enabling him to confront life’s challenges head-on.

At this senior secondary school, Amit’s peers and classmates warmly welcomed him, ensuring seamless integration. Notably, his classroom on the third floor prompted a thoughtful arrangement among classmates. They voluntarily established a schedule to assist Amit, escorting him upstairs to class and downstairs upon departure, fostering an inclusive environment.

Amit reflected on his senior secondary school experience as pivotal in cultivating resilience against life’s challenges. This period profoundly shaped his development into a self-reliant individual. Amit pursued higher education, earning a master’s degree in tourism and a diploma in French language.

His academic accomplishments paved the way for a teaching career. In 2009, Amit was recruited and shortlisted for positions in both Jammu and Kashmir divisions. Despite counsel from influential individuals to opt for Jammu due to Kashmir’s volatile situation, Amit trusted his intuition, choosing Kashmir instead. Since then, he has diligently served in Anantnag district.

Despite living with a 75 per cent certified disability, Amit refuses to let it hinder his aspirations. He undertakes endeavours that others might hesitate to pursue. An avid traveller, Amit explores uncharted territories, venturing into remote areas of Ladakh and Kupwara’s northern frontier. Undaunted, he navigates challenging terrain, driving through arduous passes like Zojila, Razdan and Sadna.

Amit’s determination inspires, illustrating his unwavering commitment to embracing life’s experiences.

During our conversation, Amit revealed that his disability fuels his determination to push boundaries, defying societal pity and sympathy. He aspires to inspire fellow individuals with disabilities, demonstrating that positive energy and conviction can transform lives, yielding satisfaction and contentment.

Amit’s passion for music is profound. His soothing vocals bring melodious Bollywood songs to life. Professionally, Amit excels as a teacher, executing his duties with utmost dedication, unaffected by his disability. His colleagues and students hold him in high esteem.

This landmark legislation replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995. Core principles include respecting inherent dignity, individual autonomy and freedom of choice. This paradigm shift redefines disability from a social welfare concern to a human rights issue.

The Act expands recognized disabilities from 7 to 21, incorporating mental illness, autism, cerebral palsy, muscular dystrophy, chronic neurological disorders, speech and language disabilities, Thalassemia, haemophilia, sickle cell anaemia, multiple disabilities, deaf-blindness, acid attack victims and Parkinson’s disease.

The Rights of Persons with Disabilities Act (2016) incorporates several pivotal provisions. Firstly, Enhanced Reservation quotas increase from 3 per cent to 4 per cent for government jobs and 3 per cent to 5 per cent in higher education institutions for individuals with disabilities.

Dr Mushtaq Rather

Another vital provision ensures Free Education for children with benchmark disabilities, exceeding 40 per cent of a specified disability, between six and 18 years old.

The Act also mandates Accessibility in public buildings within a stipulated timeframe, ensuring equal access.

Regulatory Bodies, comprising the Chief Commissioner and State Commissioners for Persons with Disabilities, oversee Act implementation, addressing grievances.

To safeguard rights, Special Courts are established in each district to address violations against Persons with Disabilities.

Lastly, a nationwide flagship campaign advocates Universal Accessibility. This initiative enables individuals with disabilities to secure equal opportunities, live independently and participate fully within an inclusive society.

(The author is an educator from Mattan, Anantnag. His expertise focuses on education reform and innovative pedagogy. Views are personal.)

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