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03 Dec 2024 : The Hindu Editorial

Editorial 1: Citizens with disabilities, making their rights real

Context

State Commissioners have a vital role in safeguarding the rights and fundamental freedoms of persons with disabilities, but in many States, their statutory role has fallen short of expectations.

 

Introduction

The data from the 2011 national Census of India indicate that persons with disabilities constitute 2.21 % of the total population. This is a grossly underestimated figure. According to the 2019 Brief Disability Model Survey conducted by the World Health Organization across India, Tajikistan and the Lao People’s Democratic Republic, the prevalence of severe disability among Indian adults is 16%.

  • India ratified the United Nations Convention on the Rights of Persons with Disabilities on October 1, 2007 and one of the immediate measures expected out of the state parties to the convention is to ensure alignment of the national disability legislations in line with the principles of the convention.
  • Parliament passed the Rights of Persons with Disabilities Act 2016 (RPWD Act) that came into force on April 19, 2017 to replace the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which fell short of promoting a social and a human rights model of disability rights.

 

The role of the State Commissioner

  • Unique Features of the RPWD Act: One of the unique points of the RPWD Act in comparison to many disability legislations of the developing countries is the provision for the constitution of the office of the State Commissioners for Disabilities at the State level with a combination of review, monitoring, and quasi-judicial functions to ensure effective implementation of the disability law.
  • According to Section 82 of the RPWD Act, the State Commissioners, for the purpose of discharging their functions under the Act, shall have the same powers of a civil court under the Civil Procedure Code 1908 while trying a suit, and every proceeding before the State Commissioner shall be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860).

 

Challenges in the Functioning of State Commissioners

  • Despite the legislation providing far-reaching quasi-judicial powers to the State Commissioners in safeguarding the rights and fundamental freedoms of persons with disabilities, the State Commissioners in many States have fallen short of the expectations of citizens with disabilities.
  • This dismal functioning of the office of the State Commissioners is largely due to the lax attitude on the part of the State governments to invigorate the statutory office in discharging its functions in accordance with the law.
  • This reality has been aptly highlighted in the writ petition WPC 29329/2021, Seema Girija Lal vs. Union of India, in which the delay in appointment of the State Commissioners has also been highlighted.

 

Reasons for the Failure to Fulfil Statutory Role

  • Among various reasons for the failure to fulfil the statutory role by the State Commissioners is the manner in which the commissioners are appointed.
  • The RPWD Rules provide an opportunity for persons with substantial experience in law, human rights, education, social work, and rehabilitation and with a non-governmental organisation background to be appointed to the position of State Commissioner.
  • In reality, a majority of the commissioners, either independent or holding additional charge, are civil servants from the nodal ministry.
  • According to the latest report (2021-22) of the Chief Commissioner for Persons with Disabilities, only eight States have appointed commissioners who are not part of the mainstream civil service.
  • Having civil servants from the nodal ministry is in conflict with the purpose of having an impartial and independent office that can exercise oversight over the executive and hold them accountable for not implementing the provisions of the disability law.

 

Recommendations for Improved Appointments

  • Some of the progressive States in terms of disability inclusion have appointed representatives of civil society organisations as State Commissioners.
  • The State governments should consider appointing qualified women with disabilities as commissioners as they will be in a better position to address intersectional forms of discrimination that women and girls with disabilities in India currently experience.
  • Role of State Commissioners: The State Commissioners have a substantive role, including powers to intervene suo motu to identify and inquire about any specific policy, provision, programme, and laws that contravene the provisions of the RPWD Act and recommend appropriate corrective measures.
  • Issues with Current Practices: There are many contraventions of the RPWD Act that are highlighted by aggrieved persons with disabilities and by certain proactive organisations of persons with disabilities (OPDs).
    • The State Commissioners have not been able to intervene suo motu to address discriminatory policies and practices, which has led to an erosion of faith in the statutory offices created under the disability law to uphold the rights of citizens with disabilities.
  • Need for Stakeholder Engagement: The State Commissioners should interact consistently with persons with disabilities and their representative organisations to understand which are those policies, guidelines, executive orders that contravene the provisions of the law and initiate necessary remedial action.

 

The example of Karnataka

  • Capacity building for State commissioners: It is vital for State governments and the office of the Chief Commissioner for Disabilities to build the capacity of the State Commissioners in performing their quasi-judicial role and in functioning as a civil court.
    • As done by the State Commissioner’s office in Karnataka, collaborating with law schools and legal experts in strengthening their respective capacities could be a viable option.
  • Complaint management and disposal: While some States such as Karnataka and Delhi have been able to infuse confidence among persons with disabilities to register complaints with regard to a deprivation of their rights, it is equally important for State Commissioners to look into complaints and dispose of them expeditiously.
    • The websites of the office of the State Commissioners should — on the dashboard — indicate the number of cases received, disposed of, and those pending for action along with other vital information such as annual reports and special reports submitted to the government on implementation of the law by the government with concrete recommendations.
  • Mobile adalats for reaching remote areas: Mobile adalats (mobile courts), as practised years ago by the Karnataka Commissioner’s office, could be a good practice for other States to emulate in reaching out to persons with disabilities in remote areas and to look into a deprivation of their rights.
    • Adalats were organised in the State with prior notice to persons with disabilities through the nodal disability office in the districts for aggrieved individuals or institutions to get their grievance redress.
    • Often, these grievances would be resolved on the spot for persons with disabilities and their families.
  • Designating District Magistrates for disability inclusion: as Deputy Commissioners for persons with disabilities — as done in the case of Karnataka — is a promising way to make local governance disability inclusive.

 

Monitoring the Implementation of Legislation

  • The RPWD Act enables State Commissioners to monitor the implementation of various pieces of legislation, programmes, and schemes that impact persons with disabilities.
  • To maximise the effectiveness of this critical role, the District Disability Management Review (DDMR) undertaken by the Karnataka State Commissioner’s office could be one of the preferred practices for State Commissioners.
  • The DDMR has become an inclusive governance tool for the State Commissioner in Karnataka to have sight of how development and welfare programmes and policies have been implemented by the relevant departments at the district level, and to what extent the quotas earmarked for persons with disabilities have been fulfilled.

 

Conclusion: Research as a function

One of the key functions of the State Commissioners is to undertake and promote research in the field of disability rights. This opens up opportunities for the State Commissioners to collaborate with United Nations entities which have a mandate to promote disability inclusion on the basis of the UN Disability Inclusion Strategy in undertaking research in areas such as disability inclusive social protection, disability inclusive care economy and the impact of climate change on persons with disabilities. The findings could pave the way for more inclusive policies and in advancing the rights of persons with disabilities in India.

Editorial 2: Frontline nutrition workers foster disability inclusion

Context

Anganwadi workers have a vital role in the early identification of children with disabilities and also serving as a referral for children and adults with disabilities,

 

Introduction

December 3 is International Day of Persons with Disabilities. It is a day dedicated to advocating the rights of people with disabilities by creating awareness and highlighting the inclusion and the needs of persons with disabilities who are among one of the most marginalised and under-represented communities in the world.

  • In recent years, there has been growing recognition, globally and nationally, of the significant connection between nutrition and disability.
  • Various studies are increasingly underscoring this relationship. T
  • here are reports that illuminate the profound impact of nutritional status on overall health and well-being.

 

Nutrition, health and disability

  • Correlation between Malnutrition and Disability: Research indicates that countries with high levels of malnutrition tend to exhibit:
      • Poorer health outcomes
      • Higher rates of disability among their populations
  • Inadequate nutritional intake can lead to:
      • Weakened immune systems
      • Hindrance to physical development
      • Exacerbation of chronic health conditions
      • Significant impairment of an individual’s ability to function effectively in daily life
  • Impact of Malnutrition on Public Health
    • Governments and health organizations must address malnutrition to:
      • Improve public health and quality of life
      • Reduce disability rates on a broader scale
    • The link between nutrition and disability underscores the need for:
      • Integrated health policies
      • Improving dietary practices
      • Ensuring access to nutritious food for vulnerable populations
  • Maternal and Developmental Malnutrition
    • Maternal Malnutrition: Can lead to prenatal disability.
    • Developmental Delays and Disabilities: Malnutrition contributes to delays and disabilities throughout life, such as:
      • Vitamin A deficiency causing blindness
      • Disabilities like cerebral palsy and Down syndrome increasing the risk of nutritional deficiency
    • There is a need for accessible nutrition services, benefits, and information for persons with disabilities.
  • Anganwadi Protocol for Divyang Children (2023): The Ministry of Women and Child Development in India introduced the:
    • Anganwadi Protocol for Divyang Children’: A national guideline for frontline community nutrition workers regarding disability inclusion.
  • Role of Anganwadi workers:
      • Crucial community nutrition providers
      • Execute and manifest India’s ambitious development programs
      • Engage with communities to offer vital nutrition services
  • Drive social and behavioral changes related to:
        • Gender equality
        • Social inclusion
        • Nutrition
        • Early childhood development
  • The protocol equips Anganwadi workers with:
      • Instructions for the early identification of disabilities
      • Monitoring developmental milestones using the POSHAN Tracker
      • Ensuring referrals in collaboration with Accredited Social Health Activist (ASHA) workers

 

The experience in Haryana

  • The Haryana government’s Department of Women and Child Development is committed to promoting disability inclusion using Mission Vatsalya and the Integrated Child Development Scheme.
  • It has introduced the Divyang Protocol and a unique podcast initiative, ‘Nanhe Farishtey’, to:
    • Educate communities about disabilities
    • Enhance awareness at Anganwadi centres for the early detection and inclusion of children with disabilities

 

Partnership with the World Food Programme (WFP)

  • The World Food Programme (WFP) has also partnered with the Department of Women and Child Development for a three-year intervention to transform norms around:
    • Gender equality
    • Social inclusion, including disability inclusion
  • This initiative focuses on developing the capacity of Haryana’s network of 25,000 ‘Anganwadi’ workers.

 

Needs Assessment Study by WFP

  • As part of the collaborative programme, in a recent Needs Assessment Study for its intervention in Haryana, the WFP asked ‘Anganwadi workers’ across four districts about persons and children with disabilities in the local communities they serve.
  • The study found that Anganwadi workers played an essential role in:
    • The early identification of children and referral for children and adults with disabilities.
    • Nearly all the respondents had:
      • Helped connect persons with disabilities to some form of medical and educational support.
      • Registered for disability certificates.
      • Helped them avail themselves of government-provided benefits, including the National Disability Pension.

 

Conclusion

Early intervention, accessible medical therapy, and supportive services are crucial for aiding children with disabilities. Anganwadi workers play a vital role in this effort. Alongside building the capacity of Anganwadi workers on the Divyang Protocol, development actors must unite to create supportive services and infrastructure for these children. This includes establishing a group of trained specialist therapists for various disabilities, creating accessible schools and transportation, providing affordable assistive devices, and implementing information-communication systems to promote tailored nutritional well-being practices for individuals with disabilities. Community members and frontline workers can contribute by dispelling the disability stigma. We all share the responsibility of ensuring that the nutrition and food security of persons with disabilities, particularly children, are at the centre of their rights, equal opportunity and well-being.