by Mohammad Auyoob Mir
Inclusive policies go a long way in enabling the disabled community and providing them with equal opportunities to make use of their rights, attain their strengths and contribute to the nation’s growth.
The marginalised sections are ubiquitous in world societies. It is the feature of human history. Marginalisation pushed certain sections of society to the fringes of the social order. It is a systemic way of deprivation and discrimination. Such social groups have limited access to opportunities, restricted freedom of choice and their inherent personal capabilities remain unexplored.
Marginalisation is no new phenomenon and marginality no new topic. It was first introduced to the epistemic canon by Robert E Park in his essay Human Migration and the Marginal Man, published in 1924.
Marginality is all around us. Women, for example, have historically been denied various rights the world over. The marginalisation of black people in America, Jews in Germany and Dalits in India – to mention a few – are a part of our historical memory.
The discussion and debate over marginality hasn’t ceased yet because it is with us even today. The marginalised have, from time to time, protested against the social inequalities and organised movement(s) to get the justice delivered to them. Most of these movement(s) succeeded considerably to secure certain rights and privileges for the marginalised.
Among other marginalities, disability is the one least discussed. Persons with disabilities, no doubt, have been given certain concessions and relaxation in different walks of life, but they still depend on normal people to represent them politically. They are far from taking part in decision-making. There are many examples of persons with disabilities in the positions of power and authority in Europe, the US and Canada and some of the Arab and African countries, which is a proof that ‘disability’ cannot keep a person from decision-making and policy-making processes.
The WHO defines ‘disabilities’ as ‘an umbrella term, covering impairments, activity limitations, and participation restrictions.’ ‘An impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. Disability is thus not just a health problem. It is a complex phenomenon, reflecting the interaction between features of a person’s body and features of the society in which he or she lives’
India is home to a myriad of marginalities. Most of them find mention in ongoing public discourses, but disability as a marginality is side-lined because it is thought to be insignificant. Though postcolonial India saw remarkable improvement in the quality of life of the disabled, but this is, arguably, not enough. The latest National Statistical Office (NSO) survey suggests that persons with any kind of disability constitute 2.2 per cent of India’s population, but they still remain politically underrepresented. In response to official apathy and state neglect, India’s disabled population – along with various NGOs and civil rights groups – raised their voice to demand equal rights and fair treatment, but these demands were not met, at least not immediately. “Postmodern and poststructuralist influences in the 1990s, however, brought the question of difference to the centre and fuelled identity politics in the era marked by what is loosely termed as globalisation. Disability rights activism emerged in this context where the voices of persons with disabilities that were muted till the early 1990s began to find collective expression.”
Persons with disabilities share no other commonality, and that 70 per cent of their population lives in rural India, are basic reasons for their under-representation in political culture. They are considered as dependent and incapable of living by themselves, that is why unemployment in this section is much higher than otherwise normal people.
Local and international pressure pushed the Government of India for action. UNGA proclamations and other international covenants gave an impetus to bring about a change in the lives of the disabled. In 1992, the UN declared that December 3 would be observed as ‘International Day of Persons with Disabilities’ every year. The UN Convention on the Rights of Persons with Disabilities, 2006, proved to be very significant. India is one of its signatories, and in 2007 – ratified it.
Indian parliament passed the Persons with Disabilities Act 1995 with an aim to give equal opportunities, protection of rights and full participation in socio-economic activities. It also reserved 3 per cent of government posts for PwD and 3 per cent reservation in Higher Education Institutions. The year 1995 became a benchmark for the Disability Rights Movement in India. As a result, issues and miseries of the disabled persons came to light and found visibility in the public domain.
In 2016, the revised PwD Act was passed which identified twenty-one disabilities in India. It is made in accordance with the United Nations – Convention on the Rights of Persons with Disabilities (UNCRPD). The Act aims to prevent the otherization of the PwD. It also guarantees equality and non-discrimination. The right to take part in political and public life is a fundamental rule of the ‘International Human Rights Law’.
“It was first set out in Article 21 of the ‘Universal Declaration of Human Rights (UDHR)’ and then was further explained in Article 25 of the ‘International Covenant on Civil and Political Rights (ICCPR)’. Political rights have been further traced in a series of international and regional human rights instruments. Among them, the ‘Convention on the Rights of Persons with Disabilities (CRPD)’ was the first to expand the right to take part in political and public life in the context of disability”.
Clause 29 of CRPD states that “state parties should ensure that people with disabilities have political rights, as well as an opportunity to enjoy them on an equal footing with others”.
India is a signatory to the CRPD in (May 30, 2007). “Article 326 of the ‘Constitution of India’ provides for the ‘Right to be Elected’ under the ‘Right to Adult Suffrage’”. However, the Indian government has not introduced any provision till yet to ensure that the disabled community has equal representation in the parliament, state assemblies and panchayats in the country.
Political representation of PwD in India is conspicuously absent. The Indian parliament has reserved seats for SC, ST, and other minority communities, but there is no such provision for the PwD, which is apparently discriminatory in nature. As Hanna Pitkin writes ‘To represent means to present again’, thus political representation is the activity of making the voices of the marginalised heard. Even political parties in India are not considering giving an opportunity for the disabled community on “social responsibility basis” but are placing candidates on the basis of their popularity.
In present-day India, we do have many Acts, laws and Rules which aim to produce a barrier-free environment for all classes of the society.
Unfortunately, the disabled community in the country still comes across huge challenges, ranging from social barriers to environmental barriers. These barriers have limited the participation of the PwD’s in many disciplines, especially in our political system. A separate election for the representation of disabled community also is not possible in our country because of the scattered population of disabled people, hence the Government of India can introduce a provision to reserve a nominated seat for disabled which may help in representing the community in a better way. Representation of the PwD’s in elected political bodies can bring about a beneficial change to the disabled community and help them to shape better and effective inclusive policies for themselves.
India is progressing towards inclusive development of all communities, but unfortunately, the expected levels of inclusiveness for the disabled community has not been achieved yet in many angles of the society. Ample representation of the disabled in the Parliament, State assemblies and Panchayats will be a very big step towards reaching inclusive development and will boost disabled community in rural areas to develop required infrastructure for themselves to empower them. A quota for the PwD’s in the Lok Sabha, State assembly elections and panchayats can ensure equal representation of the disabled community in the country.
The disabled community in the country is gradually making it to the forefront in almost all aspects of life. Inclusive policies go a long way in enabling the disabled community and providing them with equal opportunities to make use of their rights, attain their strengths and contribute to the nation’s growth. A quota for the PwD’s for contesting in the Lok Sabha, state elections and in elections at the local level will be a major progressive step in our journey towards inclusiveness.
(The author is a visually impaired student who is pursuing BA (hons) Political Science from Aligarh Muslim University (AMU) Aligarh. The opinions expressed in this article are those of the author’s and do not purport to reflect the opinions or views of Kashmir Life.)