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| Understanding Disability as Social Problem and Analyzing Legislative Measures | |||||||||||||||||||||||||||||||||||||||||||||||||||
| Paper Id :
16403 Submission Date :
09/09/2022 Acceptance Date :
12/09/2022 Publication Date :
16/09/2022
This is an open-access research paper/article distributed under the terms of the Creative Commons Attribution 4.0 International, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. For verification of this paper, please visit on
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| Abstract | This paper attempts to study and analyze the social construct of disability and legislative actions taken by the government from time to time for the welfare of differently-abled Persons. This research was mixed method research and based on secondary sources of data collection. While analyzing statistical data on employment, education and marital status of differently-abled persons it was found that data is more favorable to differently-abled men as compared to differently-abled women. While studying the Acts and legislations it was found that many efforts were being made on the part of the government from reserving the seats for differently-abled persons from education to employment and for the promotion of their access to public places various changes were proposed which include the inclusion of ramps and disable friendly infrastructure in public as well as private buildings. Even after the incorporation of the proposed changes still, access is somehow not possible because of the societal attitude from going to school for education, from getting a job to getting into the institution of marriage. They are judged because of their unique ability i.e. disability | ||||||||||||||||||||||||||||||||||||||||||||||||||
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| Keywords | Differently-Abled, Divyangjan, Persons With Disabilities, Disability, Social Construct, Disability Laws. | ||||||||||||||||||||||||||||||||||||||||||||||||||
| Introduction |
“Disability is part of the human condition. Almost everyone will be temporarily or permanently impaired at some point in life, and those who survive to old age will experience increasing difficulties in functions” (WHO & the World Bank, 2011). The Rights of Persons with Disability (RPwD) Act, 2016 define “Persons with Disability include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others".
As per the report of the World Health Organisation (WHO), 2011 about 15% of the total population of the world is differently-abled and according to data from the census 2011 in India, 2.21% of the total population is differently-abled i.e. 26,810,557 out of which 11,824,355 females and 14,986,202 males. Out of the total differently-abled population in India, 69.49% live in rural areas whereas the rest 30.5% live in urban areas. The below mentioned table 1.1 included the data on basis of types of disability in India (find table in the main text).
Disability is a body feature, but being a part of society it doesn't remain like a body feature. A differently-abled person is treated differently and discriminated against. His participation in day-to-day activities is restricted due to societal and psychological barriers. Disabilities often come with distress and shame for the family and for the individual itself. Disability mostly occurs as a result of accidents, malnutrition, lifestyle, violence, poverty, and conflicts in the family (Sahu & Sahu, 2015). Disability has become a social construct; it has not remained only the physical problem anymore. Disability is the barrier in the interaction of differently-abled persons with their social environment (Birenbaum, 1979). Every coin has two sides, when it comes to the case of disability then it is not only the individual who is differently-abled but it is also the society that is equally part of the difficulties faced by the differently-abled persons in their life. To understand disability as a social problem, we need to understand disability and how society perceives and responds to people who behave in a way different from societal norms. (Barbara J. Dray, 2008) The social construction of disability reflects the ideas, prejudices and stigma associated with disability within society. |
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| Aim of study | 1. To study disability as a social problem in the Indian context. 2. To study and analyse the intersectionality of disability with marriage, education and employment. 3. To trace and review the various legislations measures taken by the government of India for differently-abled persons from time to time. | ||||||||||||||||||||||||||||||||||||||||||||||||||
| Review of Literature | Review of Literature is done under two major headings which includes Social Construct of Disability and Legislative Measures implemented for the welfare of differently-abled Persons. Table 1.1: Population of Differently-abled Persons in India
Source: Census of India, 2011 |
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| Main Text | 1.1
Intersectionality of Disability with Education, Marriage and Employment  Source: Census of India, 2011 As per the Census of India
(2011), 121,96,641 (43.48%) of the total
population of differently-abled persons
are Illiterate in India which includes 65,56,401 (53.75%) females and 56,40,240
(46.24%) are males, and 146,18,353 (54.51%)
of the total are literate which includes 52,70,000 (36.05%) are females
and 93,48,353 (64.94%) are males. Out the total literate
persons, 12,46,857 (4.64%) are graduated and above which includes 4,07,155
(32.65%) are females and 8,39,702 (67.34%) are males, 34,48,650 (12.86%)
persons completed their matric or secondary which constitutes 11,18,570
(32.43%) are females and 23,30,080 (67.56%) are males, 24,48,070 (9.12%)
persons are middle pass which includes 8,31,531 (33.96%) are females and
16,16,539 (66.03%) are males. 35,54,858 (13.25%) were completed their primary
education which constitutes 13,58,925 (38.22%) females and 21,95,933 (61.77%) males
and the 28,40,345 (10.59%) persons are literate but below primary education
which includes 11,33,904 (39.92%) females and 17,06,441(60.07%) males. From the above-mentioned data, the
researcher can easily draw the conclusion that the literacy rate of women or
females is less as compared to men or males whether in higher education or in
primary education the data is in the favor of men or males.  Sources: Census of India, 2011 As per the Census of India,
2011, differently-abled persons in India, total 125,68,247 persons are married
which includes 40.58 percent are Females and 59.41 percent are Males,
111,87,605 persons are unmarried which includes 59.81 percent are males and
40.18 percent are females and 27,58,300 persons are widowed which constitutes 25%
are Males and 74.32% are Females in this analysis researcher considered persons
above the age group of 14 years. Overall, the data speaks itself that men’s
marriage institution is less impacted due to their disability as compared to
women with disability. So, on the basis of this particular data, we can draw a
conclusion that marriage institutions favor differently-abled men over
differently-abled women.  Source: Ministry of Statistics
and Programme Implementation, 2021 As per report of Ministry of
Statistics and Program Implementation (2021), 97,44,386 differently-abled
persons in India are employment which constitute 36.33% of the total population
of differently-abled in India and 1,70,70,608 are unemployed which constitute
63.66% of the total population. Out of the total employed persons most of them
are engaged in Agriculture Labour which constitutes 30.60% and 23.36% in
cultivators, 4.50% in Household Industries and 41% in other livelihood
activities. On the basis of gender, women are more unemployed in India as
compared to men in India. 2. Legislations For
Differently-Abled Persons in India 2.1 Disability Rights
Movements Disability rights movements
grew up like other social movements such as women rights and environment
movement in India. At the global level, it was initiated by the ‘Universal
Declaration of Human Rights (UDHR)’ and the ‘United Nations Convention
on the Rights of Persons with Disabilities (UNCRPD)’. In India, the voice
of the differently-abled persons was ignored till the beginning 1990’s and it
was not given that importance. There was no such legislative Act for the
inclusion and upliftment of differently-abled persons. The period of 1983-1992
is considered as the decade of differently-abled persons. During this time,
rehabilitation was taken into concern rather than welfare. It was the time when
the disabled rights movements were at the peak and these movements were fought
for the rights of differently-abled persons. These movements led to the release
of acts and policies for the differently-abled persons. During this period, the
government passed the first legislation for the rehabilitation of
differently-abled persons. The Act was passed under the ‘Ministry of Law,
Justice and Company Affairs’ on 1st September 1992 with title ‘The
Rehabilitation Council of India Act 1992’. 2.2 The Rehabilitation Council
of India (RCI) Act, 1992 The RCI was founded and
initiated in 1986 as a registered society and it came into force as a statutory
body in the year 1992 when the RCI Act was passed by the Lok-Sabha and
Rajya-Sabha. Later, the Act was amended in the year 2000 by the Parliament of
India and more power was given to the RCI for monitoring and regulating
services for the rehabilitation of differently-abled persons. This amendment
also describes the legal action against ineligible individuals that provide
services to differently-abled persons and gives direction to maintain records
of qualified individuals in the Central Rehabilitation Register (CRR).
The Rehabilitation Council of India was established as a result of the RCI Act,
1992, and it serves the following functions: 1. Regulate the
institutions/organisations that are working for rehabilitation of
differently-abled persons and ensure standardised training courses and programs
for professionals working with differently-abled persons. 2. Recognizing organisations,
institutions, and universities that offer certificate course, diploma courses,
Post- graduate courses and bachelor’s degree programs in the field of
rehabilitation of differently-abled persons. 3. It ensures the uniform
minimum standard for institutions across the country that are working on
education and training of professionals/individuals working on rehabilitation
of differently-abled persons. 4. It was also provided
further that council shall register personnel working for the differently-abled
persons at the national and apex institutions under the Ministry of Social
Justice and Empowerment. 5. It collects the information
regularly from the organizations/education institutions working on
differently-abled persons and promotes the research & development in the
field of rehabilitation and special education. 6. Registered and maintain the
record of professionals/teachers/instructors work in the vocational
rehabilitation centre and acknowledge vocational institutions as workforce
development. 2.3 The National Trust for the
Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999 The National Trust Act, 1999
was passed by parliament and final approval was given by the president of India
on 30th December 1999. It was passed for the betterment of individuals with
Mental Retardation, Cerebral Palsy, Autism and Multiple disabilities under the
Ministry of law, Justice and Company affairs. The objectives of the Act were
the welfare of people with above mentioned four disabilities. It was the first
act that specifically took mental disabilities into consideration. It focuses
on providing support and making an effort to solve the problem of those who
don’t have their families. It also focuses on providing support to the
registered organizations which help in providing need-based services to
differently-abled persons who live in the condition of crisis with their families.
It focuses on evolving the process for the appointment of guardians for
differently abled-persons. It also focuses on providing measures for the
protection of differently-abled persons in case of the death of their guardians
or parents. A statutory body was
established with the name The National Trust under the ‘Ministry of Social
Justice and Empowerment’. The major objective of the trust is to create an
inclusive society where differently-abled persons live their life with full
potential without depending on others. They can enjoy their dignified life with
equal rights and opportunities. It works on the empowerment of
differently-abled through capacity-building programs at the local as well as
national levels. It provides grants to Non-Government Organization (NGO)
working for the welfare of any of the four above-mentioned disabilities. The
Trust also runs various schemes for differently-abled persons. These schemes
are VIKAAS Centre - A Day Care Centre, DISHA - School Readiness and Early
Intervention Scheme, SAMBHAV - Aids and Assistive, GYAN PRABHA - Support for
Education, GHARAUNDA- Home to Adult Persons, SAMARTH - Respite Care, SAHYOGI-
Training gives to Caregiver, BADHTE KADAM- Innovation, Community Integration
and Awareness Project and PREENA- Marketing Assistance. 2.4 National Policy for
Persons with Disabilities (NPPwD), 2006 National Policy for
differently-abled persons was formulated by the Government of India in 2006.
The aim of this policy was to make society inclusive and give them the quality
of life. It is an attempt to provide them the opportunity to lead a life that
they deserve with full dignity and equality. Before the enactment of this
policy three legislation were implemented by the government of India which
included the ‘Persons with Disabilities Act, 1995’, ‘The National Trust Act,
1999’ and the ‘Rehabilitation Council of India Act, 1992’. All these
legislations were enacted by taking into consideration the current needs and
requirements of differently-abled persons. In addition to that, there are
various national institutes that specifically focus on the development of
differently-abled persons. This policy focuses both on preventive and curative
measures to tackle disability, recognizes differently-abled persons as the
assets of the nation, and works on making society accessible and inclusive for
them. The rehabilitation of
differently abled persons is one of the major focuses of the policy. The
rehabilitation which includes physical, educational and economic
rehabilitation. The physical rehabilitation focuses on detecting the
disability, implementing the intervention accordingly, taking the medical
intervention and counselling and also on the development of rehabilitation
professionals. Rehabilitation focuses on providing education to persons with
disabilities by making the environment friendly and accessible, which also
involves providing vocational training to them. Whereas, economic
rehabilitation focuses on making livelihood opportunities for them so that they
can lead a life of dignity. Economic rehabilitation focuses on the promotion of
their participation in both the public and private sectors. It focuses on both
self-employment and wage employment in the unorganized sector. Their
participation is supported in the public sector by providing them with
reservations in jobs in the public sphere. They are given the required
vocational training for the enhancement and development of the skills and
encourage their livelihood in the private sector. Women and children with
disabilities are two sections of society that are at the edge of exploitation
and abuse. This policy focuses on the execution of various programs which
should provide support, rehabilitation, education, and implementation of
programs to promote their skills for gaining employment. The special attention
on education, health and vocational training to children with disabilities will
be given to ensure the proper and required development of children with
disabilities. The infrastructure can either restrict or support accessibility.
It completely depends upon the environment. If access is barrier-free then a
person can be independent. It will reduce their dependence on individuals and
assistance. The infrastructure of hospitals, banks, schools, and all the
shopping complexes must be barrier free. The certificate of disability should
be provided to individuals with disabilities without a much complex process and
in a transparent manner so that the needy can take the benefits being provided
to them by the government of India. The role of non-government
organizations is significant in the life of individuals with disabilities. They
work on encouraging opportunities and mobilizing resources to minimize the
dependency of people with disabilities. The NGO’s work on the livelihood generation
of differently abled individuals by keeping in mind the special care and
attention they need in the enhancement of their skills. The survey agencies,
i.e., the National Sample Survey Organization and the Census, have been
collecting information on the socio-economic conditions of persons with
disability on a regular basis over the period of time. Research in the
life of differently abled persons is supported and encouraged with the aim of
improving their quality of life. Research in the areas of understanding
socio-economic aspects of their lives; challenges and problems in education and
employment; and causes of different disabilities will be supported. Technology
will be used to make the hardware and software appropriate for the access of
differently-abled persons. A website should be made by keeping in mind the
accessibility of the visually impaired using screen reading technologies. This
policy has recommended the amendment to the PwD Act, 1995, which is now the
RPwD Act, 2016. There are several factors
which led to the emergence of the first Act for individuals with disabilities.
The PwD Act was passed in 1995. This Act focuses on the prevention and early
detection of disability, under which surveys and research should be conducted
to understand the reasons for the disability. Under this, preventive measures
were taken, which included training of the primary health care staff, education
and awareness, and taking measures for the prenatal and postnatal care of child
and mother. This Act focuses on the education of differently abled persons.
Access to Free Education, making the schools equally accessible for the
integration of students with disability, there should be special schools for
the Children with special needs with rehabilitation training facilities. The
institutes that get their grants from the government have a reservation of 3%
seats. It was mentioned in the Act, that the environment should be
disabled-friendly and there should be ramps and sound symbols which will make
easy access for the individuals who are differently-abled. Age relaxation
should be given to differently-abled persons in getting jobs in the public
sector. There was a 3% reservation for differently-abled persons in Government
employment which reserves the 3% of the total seats in employment for
differently-abled persons. 2.5 The Rights of Persons with
Disabilities (RPwD) Act, 2016 The RPwD Bill, 2014 was passed
by the two houses of parliament in December 2016 and signed by the President of
India on December 27, 2016. This legislation came into force on the 19th of
April 2017. This Act was passed after the period of 21 years of the prior Act,
which was passed for differently-abled persons in 1995. The RPwD Act, 2016 was
a replacement of the PwD Act, 1995. This Act was given to bring into effect the
UNCRPD, which focuses on the principle of empowerment and inclusion of
individuals with disabilities. India is a signatory body to the UNCRPD. So, it
becomes mandatory for India to implement the act by taking into consideration the
equal accessibility of infrastructure for differently-abled persons and many
more to support and promote their participation in society without any stigma
and challenge. There are 21 types of disabilities mentioned in the Act. These
disabilities are Low-vision, Blindness, Parkinson's disease, Hearing
impairment, Multiple Disabilities, Leprosy Cured persons, Speech and Language,
Intellectual Disability, Dwarfism, Thalassemia, Cerebral Palsy, Muscular
Dystrophy, Autism Spectrum Disorder, Chronic Neurological conditions, Locomotor
Disability, Specific Learning Disabilities, Haemophilia, Multiple Sclerosis,
Sickle Cell disease, Mental Illness and Acid Attack victim. This act focuses on equality
and Non-discrimination, reproductive rights, right to vote, right to home and
family, protection from inhumane treatment and cruelty, exploitation, abuse and
violence. The government should adopt appropriate measures. So that no one is
discriminated against because of their disability. The government should take
proper approaches to protect the differently abled from all kinds of cruelty
and abuse, If any person is found facing violence either within the community
or in their family. He/She shall be immediately provided with protective
custodyor maintenance, whichever he/she wants. There shouldn't be any
separation of a child from his family because of his disability, It can only
happen after an order from the court for the best interest of differently abled
children. The government should make
sure that differently abled persons should not undergo any medical treatment
that results in infertility. In the field of education, the government should
make sure that any institution that is either recognized or funded by the
government should not practice any kind of discrimination against
differently-abled persons. The buildings of schools and colleges should be made
disabled-friendly to fulfil the goal of full inclusion. If there are students
who are blind, deaf or dumb, they should be provided with a special educator
who can communicate with them in the appropriate mode of communication which is
comfortable for them. They should be given a free education from 6-18 years of
age. In higher education, there
should be at least a 5% reservation of seats in higher education (HEI). Differently-abled
individuals shall be given an age relaxation of 5 years in the process of
admission to higher education. All government offices or government
undertakings will have to reserve 4% vacancies for individuals with a benchmark
disability of 40% or more. In the private sector, the local bodies and
government sectors should try to provide their employers with incentives and
reserve 5% of the total seats of their workforce for differently-abled
individuals. It also focuses on self-employment and vocational training,
non-discrimination in employment. Punishment for atrocities,
fraud to avail benefits and violations of the provisions of the act were also
mentioned. If any person violates the provisions of this Act, He/She shall be
punished with either a penalty of 10,000 rupees or imprisonment of 6 months or
both. If any individual repeats the violation one after the other, In this
case, he/she will be punished with a fine of amount 50,000 to 5,00,000 rupees
and imprisonment of 2 years can be awarded. 2.6 The Mental Healthcare Act,
2017 The Mental Healthcare Act,
2017 received final approval from the President of India on 7th April 2017 and
it was implemented on 29 May 2018. This Act replaced the Mental Health Act,
1987. Its motive to regulate and monitor the healthcare services provided to
individuals with mental illness and ensure the protection & fulfilment of
rights while providing healthcare facilities and related services to
individuals. It assures that the free of cost treatment is provided to
individuals who fall under the Below Poverty Line (BPL). It makes the services
affordable for individuals with mental illness. It also ensures the right to
privacy and confidentiality should be maintained with regard to treatment,
mental health and mental healthcare of individuals with mental illness. It was done
to encourage the patient for treatment by eliminating the social barriers or
stigma that restrict or discourage the individuals. The Act not only covers the
medical aspect of the illness but also covers the social, economic, physical
and environmental aspect of the individuals with mental illness. The Act
mention that the healthcare services must be of good quality, sufficient
quantity, affordable and accessible for every individual without any
discrimination on the basis of religion, caste, sex, gender, culture, social
beliefs, political beliefs, class and disability. The legislation leads to the
establishment of a Medical Health Authority at State as well as National level.
These bodies' responsibilities include registering, managing, and supervising the
institutions and mental health professionals who work with persons who have
mental illnesses. It is responsible for receiving complaints regarding service
delivery flaws and advising the government on issues relevant to mental health.
Cruelty against individuals with mental illness is prohibited and also,
chaining is not permitted in any way or by any means. Electro-Convulsive
Therapy (ECT) is banned in the case of children. It further states that ECT
therapy cannot be administered to someone who suffers from a mental disease
without the use of anesthesia and muscle relaxant. Offences and penalties are
described in chapter XI of the act. It mentions that anyone who is operating a
mental health facility without registration is subject to a penalty of 5,000 to
5,00,000 rupees depending on the repetition of the violation. If anyone
violates the rules and regulations of the Act is subject to punishment with
imprisonment of 6 months to 5 years or fine of 5,000 to 5,00,000 rupees or both
depending on the repetition of offence. |
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| Methodology | The methodology used in this research was mixed research; both quantitative and qualitative methods were used. This research was based on secondary sources of data collection which includes review of Journal articles, books, reports and legislative Acts. The Acts were studied and analyzed in chronological order to trace the history of the various legislations passed by the government of India for welfare, empowerment, inclusion and rights of differently-abled persons. In addition to this, various Journal articles, books and reports were also reviewed to analyze the social aspect of the disability and challenges faced by differently-abled persons in the Indian context. This research serves as a resource book for individuals who want to understand the social and legislative aspects of disability in India. This article might be helpful for students, research scholars and teachers who want to carry out their research work in the field of disability and develop a basic understanding of disability. |
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| Conclusion | Researcher analyze the already available quantitative and qualitative data on education, marriage and employment of differently-abled persons. From this data, it is found that differently-abled women are more vulnerable than differently-abled men because all these three indicators are dominated by differently-abled men over differently-abled women in qualitative as well as quantitative analyses. These three indicators are very important to represent the individual in today’s era. It’s been six years past, the last act was amended to promote the inclusion of persons with disability but still for them inclusion is like a dream. Their dependency on others for getting their minor task done is still the same upto some extent because of the inaccessible infrastructure of the public building and public transports. Disability is still seen as a barrier when it comes to their occupation. Not just the government but the Civil Societies need to focus on making society inclusive for them. The government has made many efforts for their inclusion from providing reservations in jobs to introducing various programs for their inclusive education but the point of lapse is on the execution of these plans. Society needs to work cooperatively for the inclusion of differently-abled persons. So that they can earn their bread with dignity without any dependency. 40% benchmark in case of disability is again a point of consideration. The person laying at the margin of the benchmark faces the problem of exclusion from getting the benefits like reservations in education and employment and sometimes they are not even given the jobs on the criteria of being physically fit. They face double exclusion; neither are they treated as differently abled in getting benefits nor they are treated as fit in getting jobs. They face exclusion and stigma in society because they are differently abled. If we particularly talk about the Persons with Intellectual disabilities, the amount of financial assistance given to them is the same as that of Persons with the rest of the disabilities mentioned in the act but the persons with intellectual disabilities face comparatively more problems in getting employment. | ||||||||||||||||||||||||||||||||||||||||||||||||||
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