Wed a disabled person, get 50,000 from state govt

It’s a bitter pill to swallow, but in India, the physically challenged have not been integrated into mainstream society. And marriage is the one institution where the stigma of being differently-abled is starkly highlighted. Now, the state government has decided to rectify this and is planning to launch a scheme where anyone marrying a disabled person will be awarded Rs 50,000. Social justice minister Shivajirao Moghe said the idea was to encourage marriages between the “disabled and the able-bodied’’.  Any person who marries a person with 40% or above disability—one who is certified as disabled—will be eligible. The government is of the opinion that the reward scheme will promote greater integration of physically challenged people into mainstream society, and will be implemented across Maharashtra. According to the 2001 census, there were 15.69 lakh persons with disabilities (PWDs) in the state. No data was available on unmarried PWDs.

While the plan has been welcomed in some quarters, many NGOs and activists have expressed their doubts over whether a monetary incentive is the way to go. Naysayers include Raju Waghmare, who is employed as a programme officer for handicap rights with the Human Right Law Network. “The scheme will encourage an able-bodied person to marry a financially independent disabled person for monetary gain,’’ he said. ‘We must go out to find partners’ Mrs. Varsha Hooja, trustee, ADAPT, an action group that promotes the cause of the disabled and others working and living together, felt that first priority should be given to creating awareness, promoting a disabled-friendly environment, and sensitizing society towards the abilities of the physically challenged. “Marriage will follow,’’ she said. On the other hand, the Handicap Welfare Association—a non-profit organization for the disabled by the disabled-—has welcomed the move. “If implemented in letter and spirit, the scheme could be a step towards the empowerment of the differently abled,’’ said Ravi Subbaiah, president of the association. To increase the reach of the welfare scheme, he cited the need to set up a disabled-friendly public infrastructure. “The disabled need to go out and interact with people in order to find a partner,’’ he said. Unfortunately, most cities in India do not have this infrastructure.

Maharashtra is not the first Indian state to award reward schemes. Goa and Karnataka governments have already taken steps by providing tax rebates and perks to corporates employing PWDs, a move that Waghmare believes is more effective towards integrating the physically challenged in society. Goa also has a similar marriage reward scheme. To prevent misuse of funds, social welfare officers will be in charge of implementation. The social justice and special assistance departments have a prepared a detailed proposal, which has been forwarded to the planning department for fund allocation.

Pratibha Masand Times of India, 9th October 2010

Disability and Census of 2011

Counting the “invisible” children of Mother India.

While the current focus of political debate is on ‘caste and census,’ there is another important aspect that deserves attention. This concerns disability.  For decades after our independence, there was no effort to actually count how many of us have any disability. There were estimates-informed or otherwise- but no factual figures. All our  government’s plans and budgets, rules and regulations, proclamations and posturing were built upon shaky foundations. A new Ministry was created, staffed and has been operating for several decades on that basis. It seemed to suit every one, except the millions who were thus rendered ‘invisible’. This lasted for 54 years. But, despite their  ‘invisibility,’ the disabled and the NGOs dealing with disability made progress on the ground.

Let me illustrate with an example. There was no government or non-government organisation looking after the needs of children with cerebral palsy, till a young mother of a child with cerebral palsy set up the very first Spastics Society of India, Mumbai (now known as ADAPT-Able Disabled All People Together)) in 1972. The handful of children included her own daughter. Dr. Mithu Alur, our Chairperson, had thus created a unique institution, offering all facilities under one roof, including diagnosis, physiotherapy, physical aids, schooling, parental counselling, etc. Over time, these services also came to include research, teachers training, admission of older children in “normal” schools and colleges, job-oriented training and placements and so on. This model is now replicated in 18 States. Almost all the organisers have themselves been trained at Mumbai. These NGOs operate independently, while forming a Regional Alliance, constantly coordinating, cooperating and learning from one another.

During preparations for the Census of 2001, several NGOs (including us) approached the Census Commission with the request that they should also count the disabled in our country. Obvious arguments were put forward. Approaches were also made through the concerned departments of the Government. Unfortunately, nothing worked; we were simply told that the disabled could not be included. The NGOs were persistent; the matter was taken to the political level. Eventually, it was decided that the Census would include, for the very first time, a counting of the disabled. However, this historic decision was taken at a very late stage, in the face of consistent opposition by the Census Establishment. Perhaps, their subsequent actions were reluctant and grudging. Perhaps, there was not enough time for the necessary preparations. It is also possible that, despite their best efforts, framing of appropriate questions, their translation into the required languages, training of the enumerators etc. left much to be desired. For all these reasons, the results of the Census 2001 were deeply disappointing for the disability movement.

For example, the Census of 2001 concluded that there were only 2.13 % or 21 million Indians with any kind of disability. This was a fraction of the estimates by most experts. This has since been amply proved by a World Bank report of 2007. This report was “prepared at the request of the Government of India”. In fact, it acknowledges “the guidance of officials of the Ministry of Social Justice and Empowerment, guidance provided by an inter-ministerial Technical Advisory Group set up for the work by MSJE and consisting of representatives from the Ministries of Health, Labour, Human Resource Development and Rural development, as well as an NGO representative.” Similarly, it acknowledges the help of officials in several States including Rajasthan, Karnataka, Orissa, Uttar Pradesh and Tamil Nadu. In short, the World Bank Team had the full backing and support of the Government of India and many State governments. The report is entitled ‘People with Disabilities in India: From Commitments to Outcomes’. It concludes: “While estimates vary, there is growing evidence that people with disabilities comprise between 4 and 8 per cent of the India population (around 40-90 million individuals)”

Obviously, there is a vast difference between 2.13 per cent or 21 million ‘counted’ by the Census of India, and 4-8 per cent or 40-90 million estimated by the World Bank team. Several NGOs, including ADAPT, have been interacting with the Census Commission, individually or in groups. The Commissioner, Dr. C. Chandramauli, has been positive and open-minded. In a recent letter to him, based on our own experience, and consultations with our regional partners and other experts, we have made a number of recommendations. These take into account the Commission’s constraints of space and format, the work already done, and recommendations made by others in the disability movement, like a Delhi-based group which had also held wide consultations. For example, along with the Delhi group, we have endorsed the inclusion of four types of disability in seeing, hearing, speech and movement, repeated from the 2001 census. We have also endorsed the recommended inclusion of Multiple Disability and Mental Retardation. But, since the latter expression is no longer used, we propose “Remembering and Concentration” instead. Thus, there is already an agreement on the types of disability.

Equally important is the framing of questions under each type. Questions must be activity related; these must also be relevant to our circumstances; only then can these elicit accurate responses. For example, the question suggested by us on speech is: “Do you have difficulty in speaking in your usual language?” The latter language is included because, in the course of a research study with UNICEF involving 31,000 children, we had found that children who had migrated out of their home states had a linguistic problem, which may be reflected as a speech problem. We have also submitted Hindi translations of these easy-to- understand questions to demonstrate that similar translations in other languages could be equally easy and understandable. Contrary to speculations, there is thus a growing meeting of minds between the Census Commission, on the one hand, and several sections of the disability movement, on the other. Thus, we can hope that the Census of 2011 will finally be able to give us a correct count of the disabled in our country, making them truly visible.

By Kamal Bakshi
(A former ambassador, and Vice-Chairperson of ADAPT, Mumbai.)

© Copyright 2000 – 2009 The Hindu

Enabling the disabled

With sensitised education for the disabled high on Human Resource Development Minister Kapil Sibal’s agenda, all eyes are on the 2011 Census which will provide crucial statistics on the number of disabled Indians and what disability they suffer from. But a raging dispute has broken out within the disability sector about the exact question in the Census questionnaire and Census Commissioner Dr C Chandramouli is being lobbied by different groups.  World over, asking the right question has proven the key to getting accurate disability figures. According to a 2009 World Bank Report, in countries which ask a simple yes/no question, disability statistics range from 0.5 per cent of the total population (Nigeria) to 3.8 per cent (Ethiopia).  In countries which list the types of conditions, the number is only slightly higher. But in countries which ask specific activity-related questions (for instance: do you have trouble walking/ remembering?), disability statistics range from 10 per cent (Poland) to 19.2 per cent (United States) of the country’s entire population. The more specific the question, the more likely it is to yield a higher percentage of disabled people.

The Indian Census asked a question on disability for the first time in 2001 (see box). Based on this question, the Census Commissioner estimated that 2.13 per cent of the population, or roughly 25 million Indians, were disabled.  But this  number has been criticised for being too low. Javed Abidi, a disability activist and the head of National Centre for Promotion of Employment for Disabled People (NCPEDP), says the low number is because the question in the 2011 Census merely listed the type of conditions, which world over have excluded many disabled people. He adds that the Census enumerators in 2001 were not sensitive. “In fact, they did not even identify me as disabled,” he  complains.

Mithu Alur, founder of Able Disable All People Together (ADAPT, formerly Spastic Society of India) says when she  spoke to Chandramouli, “he admitted that the 2001 data for the disabled was not robust, as they had very little time”.  But while there is agreement on the need for a better question in the 2011 census, agreeing on the details has run into rough weather. Two drafts have emerged amongst the competing NGOs, each accusing the other of trying to hog the limelight.  All are agreed that the new question on disability must be activity-based (like in the US and Poland), but there is a dispute about what the exact question will be.

The first draft is led by a group that includes Abidi. This draft was the result of a day-long roundtable here on March 31,
co-organised by Abidi, and attended by “representatives from 22 states and the Census Commissioner himself”, according to him.

The second draft has been formulated by ADAPT. Alur says these questions are based on a widely accepted, UN-approved standard, called the Washington Group on Disability Statistics (see box). These questions are slightly different from the March 31 model. Alur says her suggestions “are more explanatory and inclusive”.

Alur charges Abidi with not including her NGO in the March 31 deliberative process, and of hijacking the disability agenda. Abidi strongly denies this allegation. “I sent an email to Dr Alur inviting her to the meeting. She did not come, but emailed me the sample questions that she suggested,” says Abidi. “Her questions were raised before the forum, and rejected.” Alur denies this, saying it was a general email which did not “contain any details of the meeting”.  Abidi feels ADAPT’s sample questions are too “western” and unsuitable for Indian conditions. One of the questions the ADAPT wants to ask is “do you have difficulty in walking or climbing stairs”. “Half  of Vasant Kunj will say yes to that question,” says Abidi.

Both Alur and Abidi have a personal stake. Abidi is wheelchair-bound. Alur’s daughter Malini was diagnosed very early with cerebral palsy. Both groups had joined hands to demand amendments to the Right to Education Act in August 2009 to make it disabled friendly.

Regardless of which version finally makes it to the Census questionnaire, disability activists say versions are  improvements from the 2001 Census question as they are more descriptive, and expand the word “mental” in the 2001 question to involve specific forms of mental illness.  Chandramouli could not be contacted by phone. Alur says he has given disability activists till April-end to provide suggestions.

Vinay Sitapati
Indian Express New Delhi : Wednesday, Apr 28, 2010

Manmohan promises disabled-friendly laws

FIGHTING FOR THEIR RIGHTS: Physically challenged persons, under the banner of the National Platform for the Rights of the Disabled and led by CPI(M) leader Brinda Karat, march on Parliament Street in New Delhi on Tuesday to press their demands. Photo: V. Sudhersan

Prime Minister Manmohan Singh on Tuesday said the government was in favour of amending the laws, if need be, to make them more disabled-friendly. He gave this assurance to a delegation of the differently-abled persons who met him in Parliament. The delegation was led by CPI (M) MP Brinda Karat.  “The Prime Minister was extremely sympathetic towards the demands of the disabled persons and said their demands were genuine,” Ms. Karat said. Dr. Singh assured the delegation of changing the laws to make them disabled-friendly, if necessary. The Prime Minister interacted with the members of the delegations and enquired about their problems. Talking to The Hindu, Ms. Karat said this was the first time that a delegation of differently-abled persons had visited Parliament House. “It was pointed out to the Parliament staff that there was only one gate (Gate no 9) in Parliament House for the physically disabled people and this was far away from the main entrance,” Ms. Karat said. The delegation also met the Union Minister for Social Justice and Empowerment Mukul Wasnik who told them that the government was finalising a new law for the disabled that would replace the existing law.

Earlier, a large number of people with different forms of disabilities marched to Parliament House to demand a better deal. Marching under the banner, ‘National Platform for the Rights of Disabled Persons,’ the people highlighted the plight of the economically and socially disadvantaged among the disabled, the poor, and the Scheduled Castes and the Scheduled Tribes. “The basic issue is that of the approach of the government and we must request you to consider our demands not as an act of charity but as fulfilment of entitlements and rights as equal citizens of India. India is a signatory to the United Nations Convention on the Rights of the persons with Disabilities which enjoins the government to ensure minimum rights and livelihood to disabled citizens,” the marchers said in a memorandum submitted to the Prime Minister. The demands include a comprehensive social security system for all persons with disabilities and their families including the Antyodaya cards, free health care for disabled persons, amendments to the Right to Education Act to make provision for disabled teachers and professional and identification of jobs for the disabled immediately with annual special recruitment drives each year.

Besides setting up a separate Ministry for disability affairs, the memorandum also sought issuance of a universally valid identity card and replacing the current Persons with Disabilities Act (1995) in consonance with the provisions of the U.N. Convention and harmonising other laws, the disabled persons also wanted proper enumeration of the persons with disabilities. The organisations that participated in the march included the Paschimbanga Rajya Pratibandhi Samaiilani, the Differently Abled Persons Welfare Federation of Thiruvananthapuram, the Karnataka Rajya Angavikalara Mattu Palakara Okkota, the Jharkhand Vikalanga Morcha, the Tamil Nadu Association for the Rights of all types of Disabled and Caregivers and the Vibhinna Prathiba Vanthula Jakkula Vedika of Andhra Pradesh.

The Hindu

Proposed amendments to Disability Act upsets NGOs

Bangalore, Jan 5, DH News Service:
Wednesday, January 06, 2010
NGOs and activists have expressed their disappointment over the Ministry of Social Justice and Empowerment’s announcement that it would introduce amendments to the Persons With Disability Act in the forthcoming budget session.

While the government is preparing to put forth 101 amendments, advocate Kanchan Pamnani, who has been working closely with the Disability Rights Group that demands the total replacement of the Act, has said that the current law requires not less than 300 amendments.

“The minister has gone back on his promise to replace the law, which he had made to the members of the group some months ago,” Kanchan, said Mumbai-based solicitor.

Many allege that the Act passed by the Indian Parliament in 1995 does not align with the United Nations Convention for Rights of Persons With Disability (UNCRPD) that calls for a rights-based approach.

“Having signed and ratified the Convention, India has an obligation to orient its laws towards it,” Kanchan said.

Public domain
C Mahesh, Advocacy Coordinator for Bangalore-based CBR Forum said that the amended law should be placed in the public domain before being tabled in the Parliament.

“The amendment must be placed before the public domain and debates need to be held before making any decision.

Apart from the 100 odd articles that have been proposed to be amended there are nearly 18 articles that have been left out,” he said.

Victor John Cordeiro, Manager Advocacy and Campaign, Leonard Cheshire Disability, South-Asia Region office said that the proposed draft amendment is not in line with the UN Convention. “There are many loopholes in the proposed amendment and many articles are excluded. A new legislation must be passed instead of amending the existing law,” he said.

Earlier, Javed Abidi, Convenor of Disability Rights Group and Chairman of National Centre for Promotion of Employment for Disabled Persons (NCPEDP) had asked the government to replace the Act with a new legislation  which his movement calls “The Rights of Persons with Disabilities (Respect for Dignity, Effective Participation and Inclusive Opportunities) Act.”

After meeting with MSJE Minister Mukul Wasnik, Abidi had said he has shared the concerns of the activists.

Flaws in amendments

“It was then that we brought to his attention the flaws, substantial ones, that still existed in the so called  ‘Amendments’ document being floated around by the Ministry,” said Abidi.

“We then proposed that what India needs now, rather what the 70 million disabled people of India need now is a brand new, modern, forward looking, 21st century law. We even proposed a name. The Rights of Persons with Disabilities (Respect for Dignity, Effective Participation and Inclusive Opportunities) Act,.”

However, the minister participating in the Louis Braille day celebrations on Monday has said that the government would introduce the amendments in what appears to be a u-turn on his earlier attempts to hold consultations and act according to the community’s wishes.

“This is just a lollypop he is offering to the community. The government doesn’t appear serious on offering the community what it needs,” Kanchan said.

Deccan Herald

Student trip to India shows inequality of caste system

September 24th, 2009

This past summer, senior Hannah Siebold, sophomore Ren Ostry, Matt Portman ’09 and I traveled to Mumbai, India, for a three-week anthropological field course led by Denise Nuttall, assistant professor of anthropology. With Nuttall by our side, we threw ourselves full throttle into the unknown, hybrid culture of India.  The experience was overwhelming, yet life-changing, as we witnessed and were deeply affected by the visible and disheartening conditions that low caste (Dalit) peoples endure. We were immersed in the daily life and cultures of Mumbai: a land of spices, layers of sound, seemingly chaotic traffic, potent smells, enchanting music, intense spirituality and profoundly philosophical people. It’s a land where modernity and tradition overlap and create a contradictory society, where one is forced to look within and acutely at the world around them. It’s a land where one cannot afford to be careless while walking through streets at the risk of encountering wild dogs, auto-rickshaws and flying debris from construction; where one works day, night and straight through monsoon conditions; and where one learns the significance of acceptance and faith.

This field course gave us the opportunity to live the life of our professor — an anthropologist, ethnomusicologist, Tabla (Indian percussion) performer and scholar. We participated in the world of classical music, visited museums and temples, met Bollywood filmmakers and revered holy men — like our good friend Babaji — and completed a week of service work at the non-governmental organization, Abled Disabled All People Together.  Through volunteering at ADAPT, I realized that there are significant social inequalities and educational injustices existing in India. Particularly, the barriers in the education system facing children with disabilities are immense. These children are invisible to the Indian government, as authorities neglect to enforce handicap-accessible building features and curriculums appropriate for disabled students. For this reason, Mithu Alur and her daughter Malini founded ADAPT and are now at the forefront of the human rights struggle for children and the able-disabled.

Upon entering one of ADAPT’s seven schools, I noticed a poster on the wall that read, “A small body of determined spirits, fired by an unquenchable faith in their mission can alter history.” These words, spoken by Mahatma Ghandi, ring true in describing the people and the mission of ADAPT, which promotes the idea of inclusive education for all.  There is no discrimination of students or faculty based on ethnicity, class, caste or religious divisions. The organization’s main goal is to educate low-caste children, both able and disabled, eventually integrating them into India’s public school system. Students receive an education based on the national curriculum, physical therapy sessions, yoga classes and prevocational training. In this accepting learning environment, all children get the chance to learn together — a chance they would otherwise be denied.

As a part of our field school, Siebold and I devoted a week to volunteering at Narika Shakti, a self-sustaining, craft-based training program at ADAPT. Shakti empowers mothers of students through teaching skills they can eventually teach to their own children. ADAPT provides a place where they feel safe and comfortable, which helps them to build relationships within a productive community. For as many benefits as mothers reap from this program, consumers too have much to gain. Siebold and I will be selling Shakti’s craft products this semester at Ithaca College to raise money for Shakti and the seven ADAPT schools. The authentic and beautifully crafted handbags, journals, stationary and other crafts made by mothers at Shakti will be on sale soon outside of Emerson Suites. We look forward to working with the college community to spread awareness and raise funds for this deserving organization.

Megan Kelly is a sophomore anthropology major.
E-mail her at mkelly5@ithaca.edu
The Ithacan Online.

No child left behind

What may be innocuous for some can be immensely intimidating for others. Take steps — those simplest of concrete blocks which most children take two at a time. For a wheelchair-bound child, however, those very steps could separate her from a decent education. Barriers such as these had threatened to make the right to education legislation fall short of its noble aim: the promise that every child, regardless of circumstance, would get a decent primary education. But serious questions about the insensitivity of the original draft to disabled children came up just as it was set to being passed in Parliament. Amidst an agitation by activists and the prime minister’s intervention, Human Resource Development Minister Kapil Sibal promised Parliament that these concerns would be taken care of. Now that the dust has settled and the law passed, will Sibal deliver?

Reports that the HRD ministry is planning to amend the mint-fresh law to make it more disabled-friendly suggest that he will. Specifically, disabled children are to be included in the category of “children of disadvantage”. Legalese matters. Disadvantaged children get a 25 per cent quota in private schools; currently disabled children cannot benefit from this. The other change the HRD ministry is proposing is in the definition of “disabled”. There is some ambiguity on whether the current definition includes children with mental disabilities such as cerebral palsy. By clearly stating that the definition includes children covered under the National Trust Act and other laws for the disabled, this controversy would be put to rest.

Activists have a third complaint: the need to mandate disabled-friendly infrastructure in schools. So far, the Right to Education Act mandates “barrier-free access” in all schools. But this must include not just ramps for those unable to walk, but Braille books for the visually challenged and special teachers for those with special needs. This is a work in progress; no law can exhaustively enumerate such infrastructure. A lot depends on the perseverance of the HRD ministry and other implementing agencies. But if first moves are anything to go by, the HRD ministry seems headed in the right direction. Intimidating staircases might just become negotiable.

Children of the same God

They are not explicitely characterised as “disadvantaged” children in the Act, and so will not have the right to 25 per cent reservation in private schools. For many of us who have spent our lives working for the education of disabled children, and have shown that people with disability are in special need of education, we are in a state of shock and disbelief to find that the RTE had not included them in the key definition. Prime Minister Manmohan Singh assured us that they would be included, so did UPA Chairperson Sonia Gandhi. Human Resource Development Minister Kapil SibalSibal gave verbal assurances in Parliament, but to be legally binding, these assurances need to be put into the legal statute. The other problem with the Right to Education Act is the definition of “disability.” HRD Minister Kapil Sibal mentioned in Parliament that all disabled children, as defined by the Persons with Disability (PWD) Act, would get free and compulsory education. But the PWD’s mandate does not give children with disability the fundamental right to free and compulsory education as does the RTE Act. It does not guarantee the 86th amendment to the Constitution which mentions that education for all means children with disability as well which took us three decades to do, when the amendment was tabled in Parliament! Besides the PWD Act has no clear and specific guidelines for implementation with effective dates, deadlines, alternate arrangements, temporary relief etc.

The right to education is specially required for children with disabilities, who suffer from abysmal enrollment and attendance rates in schools. The World Bank Report 2006 states that educational attainment of all persons with disability, especially children, is far below national averages. 38 per cent of disabled children, aged 6-13, are out of schools. Almost all children with severe disabilities (75 per cent) are illiterate and do not attend school. Close to one third of all children with mild disabilities (30 per cent) are not in school. The bulk of schools under Sarva Shiksha Abhiyaan (SSA) are not accessible for disabled children — nearly all in some states. Physical inaccessibility is a major barrier. The entrances to the schools are narrow and children with mobility difficulties find it difficult to go to schools. There is no proper light or ventilation in the classrooms, neither is there suitable furniture. A lack of infrastructural support and funding has ensured a micro-level coverage of 2 per cent and a macro-level exclusion from the government’s programme showing institutionalised discrimination. And now exclusion from this Act! The child with disability has fallen between the Persons with Disability Act and the Right to Education Act, and is once again left orphaned without a right.

Based on the assurances made in Parliament by the HRD minister, an amendment of the RTE Act could be done through an ordinance (as Parliament is not in session). This amendment needs to bring the words ‘including children with disability’ into the definition of “child from disadvantaged group.” This will remove all ambiguities in the RTE Act. It would also clearly establish the right of an aggrieved disabled child to seek recourse from the National Commission for Protection of Child Rights. It is time for the government to make a clear and unambiguous statement that ‘all’ (disabled and non-disabled) children have a right to education under Section 3 of the RTE Act. Merely adding categories to the ‘disability’ definition is obfuscating the issue. Any disability category that is not included would agitate, and amendments needed again and again.

The RTE Act incorporating the above will also be in line with the UN Convention on the Rights of Persons With Disabilities (UNCRPD) that has been ratified by Parliament. The UN Convention on the Rights of the Child, and the UNESCO ‘Education for All’ commitments had reiterated that ‘all’ children with disabilities have a right to education. India has been a signatory to all international declarations but has not yet got its house in order. The time has come to bring children with disability into the purview of education where they rightly belonged till 1960 when they were wrongly clubbed with Scheduled castes and tribes and removed from the Ministry of Education to the Ministry of Welfare, where since then they have suffered massive exclusion from education. The prime minister has said that the “government stands committed to inclusive education for all children. I give you my assurance that they will be included so that they have a right to free and compulsory education.” Those words were like manna from heaven for us. Implementing that will be a new beginning in the lives of 30 million children and their families.

Mithu Alur
The writer is founder of the Spastic Society of India (Mumbai). She is also member of the CABE and the National
Executive Mission, SSA

Indian Express, 14th August 2009

Sibal speech gets thumbs-up from disability rights activists

Vinay Sitapati

Mithu Alur, founder chairperson, Spastic Society of India (Mumbai), was exultant at “the specific assurances that the minister has given towards the education of India’s 30 million disabled children.” According to Alur, Prime Minister Manmohan Singh had assured her during their meeting on Monday that Sibal’s statement in the House would be as “as legally binding as the fact that I am PM for the next five years”. Alur, however, said she was waiting to see how the modalities of the Act were “translated on the ground”.  Kamal Bakshi, India’s ambassador to Iraq during the first gulf war, who played an active role in convincing the government of the need to clarify its stand on this issue, told The Indian Express that Sibal’s commitment to the differently-abled was “positive”, but he was “still unclear on the course of action ahead”.

The Right to Education Act provides free and compulsory education to all children aged between 6 and 14. Disability activists had alleged that the final version of the Bill seemed to exclude disabled children from its ambit. The PM intervened, directing Sibal to assuage their concerns in Parliament. Sources also confirmed that UPA chairperson Sonia Gandhi had taken a special interest in the issue.  In his speech, Sibal categorically stated that the disabled were included within the definition of a “child belonging to disadvantaged group”. Consequently, disabled children will be able to avail of a 25 per cent quota in private schools across India.

Syamala Gidugu, executive director, Action for Ability Development and Inclusion, an NGO working on disability rights, said she felt reassured, but wondered why the inclusion could not be made in the legislation itself.  Sibal also put to rest the fears of disability activists that cerebral palsy and autism were not covered under the law. In his speech, he referred to autistic children, and used the word “inclusive” to state that all forms of disability were covered under the Act. Javed Abidi, a prominent disability activist, who had previously accused the minister of deliberate apathy, promised to work constructively with the HRD Ministry on framing the model rules regarding disabled children. “We have to put this unfortunate dispute behind us,” he said. “The lives of 30 million children are at stake.”

Indian Express : Thursday , Aug 06, 2009 at 0136 hrs New Delhi: