eyeway.org : beyond the I : issue 5 : how has the government fared?

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issue 5 july-august 2005
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How has the government fared?

A report card of the government's performance on the promises it made through the Disability Act, 1995, to its blind citizens.

In a few months, it will be an entire decade since the promulgation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act. The Act, passed in 1995, marks a watershed as it gave disabled people their first legal rights against discrimination, denial of equity and a common stake in the task of nation-building. But for the disability sector and individuals the decade will be far from a celebratory occasion as the failure to deliver on the lofty promises made by successive governments and sheer absence of any implementation are made apparent on a daily basis.

We must contemplate not just the emotional aspect -- citizens of a nation being denied the focus of policy- and law-makers. We must also cover facts and details. Only then can we map out a report card to show progress or the lack of it. But before that let us take a stock of the magnitude of disability, with particular reference to visual impairment.

According to National Sample Survey data, highest percentage (48.5%) of disabled people is in the visual impairment category, followed by the disability in 'movement' (27.9%). The lowest percentage (5.8%) has been reported for hearing disability.

A higher percentage of disabled women are in the visually impaired and hearing impaired categories. In the case of males a higher percentage has been reported in the 'movement disability' and 'mental disability' categories.

Three out of five children, among persons with disability, in the age group of 0-9 years have been reported to be visually impaired. This declines initially and increases with age to reach a high of 51.9% among those aged 60 years and above. Speech disability is more marked among the younger population, whereas hearing disability is more of an 'old age' phenomenon.

Education

Promise: Every child with disability shall have the right to free education till the age of 18 years in integrated schools or special schools.

Assessment: According an estimate by the disability sector, of all disabled children in India only 2% is getting any kind of education. Only 0.1% disabled students are in mainstream educational institutions at the university level and 0.51% at the school level, as per the government's own figures. With visual impairment accounting for about 50% of all disabilities in the country, the figure for children with visual impairment getting education would a mere 1%. The disability sector by and large, and even the present government, have made promise for a transition to inclusive education. In the past 10 years since the enactment of The Disability Act, 1995, the situation has not improved in real terms though the visibility of the issue of disability has indeed improved.

Promise: Appropriate transportation, removal of architectural barriers and restructuring of curriculum and modifications in the examination system shall be ensured for the benefit of children with disabilities.

Assessment: A recent study by Disabled Peoples' International has rated India as the least inclusive among all Asian country, primarily because it has failed to evolve an infrastructure even for essential services, including education. Even in the National Capital there is not a single public transport bus that is disabled-friendly. One can only imagine what the situation might be in rural and far-flung areas. The state-run education system uses educational tools that are heavily visual-based, making it impossible for children with visual impairment to participate in the learning process. Government schools that account for a bulk of students remain inaccessible as well.

Promise: Children with disabilities shall have the right to free books, scholarships, uniforms and other learning material. Non-formal education shall be promoted for children with disabilities. Teacher's Training Institutions shall be established to develop requisite manpower.

Assessment: It is now a much acknowledged fact that parents of disabled children have to incur much higher cosst for their education. In fact, surveys across the world reveal a direct correlation between disability and poverty. The government support is meagre and fails to reach those who have the greatest need. The government has practically no spending on research and training for evolving compatible teaching and training methods. The shortfall in providing adequate number of teachers is apparent.

Promise: Government educational institutes and other educational institutes receiving grants from the government shall reserve at least 3% seats for people with disabilities.

Assessment:Reservation in state-run and aided educational institutions has been there close to a decade now, but this has failed to evoke adequate response simply because the institutions, their facilities and approach remain unsuitable for disabled students. So while a disabled student may secure admission, his/her chances of finishing a course are bleak. A prime example of this trend is the continuing drop in the number of disabled students applying to Delhi University . For 900 seats just over 300 applications came in this year. A media report had recently highlighted the case of a blind girl who was asked to take up a Bachelors course in literature on the grounds that she will not be able to pursue Psychology as the subject has visual components. Thousands of students may be facing such discrimination across the nation, as the education system is yet take cognizance of the needs of disabled students.

Employment

Promise: Three percent of vacancies in government employment shall be reserved for people with disabilities, 1% each for persons suffering from blindness or low vision, hearing impairment and locomotor disability and cerebral palsy

Assessment: A disability sector estimate indicates that of all employable disabled youth, only 0.1% is employed. A survey by National Association for Blind and National Centre for Promotion of Employment for Disabled People showed that there are about 700,000 persons with disability registered with the employment exchanges. Out of these, 100,000 persons with disabilities have been successful in getting employment. Of the latter, 90% have locomotor impairment, about 5% are hearing impaired and the remaining 5% have visual impairments, ranging from partial vision to total blindness.

Here too the low participation of people with visual impairment, in particular, is apparent.

But in terms of sheer numbers the gap between number of disabled job-seekers and those among them employed is stark. The liberalisation era has seem a rapid shrinking of government jobs and creation of opportunities in the private sector. However, for disabled people the situation continues to be grim in terms of employment in both the sectors. The Ministry of Social Justice and Empowerment -- entrusted with the subject of disability -- has failed so far in taking up the issue of creating jobs for disabled people in the private sector. Though individual and civil society initiatives have brought the issue into focus, no concrete headway has been made. Even in government jobs, the country is yet to see the fruits of intervention made by Prime Minister Manmohan Singh on opening up the top services of the coveted civil services.

Promise: Suitable schemes shall be formulated for the training and welfare of persons with disabilities. [There will be] relaxation of upper age limit and regulating employment. Health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed [will be done].

Assessment: One of greatest roadblocks that plagues employment of disabled people in the country is the lack of training and adoption of production of work processes. While workplaces remain unfriendly in terms of access, the physical infrastructure in most parts of the country is unsafe for disabled people. On July 12, 2005 , the Supreme Court had issued notice, while hearing Public Interest Litigation, to the Union Government and States to take measures for safety and accessibility for roads and public transport, and to ensure related facilities for people with visual impairments.

Promise: No employee can be sacked or demoted if they become disabled during service, although they can be moved to another post with the same pay and condition. No promotion can be denied because of impairment.

Assessment: Discrimination against disabled employee is being reported on a regular basis. In mid-August 2005, the Supreme Court stepped in and ordered that visually impaired candidates cannot be denied permission to appear in examinations for selection for bank probationary officers. The legal tussle between the Banking Services Recruitment Board and a blind girl lasted for about four years.

Access

Promise: Public buildings, rail compartments, buses, ships and aircraft will be designed to give easy access to disabled people. In all public places and in waiting rooms, toilets shall be wheelchair accessible. Braille and sound symbols are also to be provided in lifts. All the places of public utility shall be made barrier-free by providing ramps.

Assessment: Visually impaired people faced impediments and difficulties despite the provisions of the Disability Act, 1995, which provides for installing auditory signals at traffic intersections and engravings on zebra crossings.

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