Fwd: final response to union budget
Vaishnavi Jayakumar
From: Meenakshi Balasubramanian <meen...@inclusive-policy.org>
Date: Sat, 1 Feb, 2025, 21:54
Subject: final response to union budget
To: V. Jayakumar <jayakumar...@gmail.com>
National Platform For The Rights of the Disabled
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Twinkle Soni
Subject: Budget 2025: Systematic Neglect of PwDsā Rights and Human Rights Violations
Dear Sir/Madam,
I am writing to express my deep concern and disappointment regarding the Union Budget 2025 which not only neglects the rights and inclusion of Persons with Disabilities (PwDs) but also represents a severe setback to the progress India has made in ensuring equal rights and opportunities for this marginalized community. The Budget is a significant opportunity for the government to reaffirm its commitment to the rights of PwDs and create a more inclusive society. However, instead of advancing these goals, it has left the disability community further marginalized, with no clear provisions for their empowerment.
This lack of recognition of PwDsā rights is evident in the speech of the Honorable Finance Minister, where there was not a single mention of the disabled community. The budget allocations for PwDs continue to be woefully inadequate, which severely undermines their rights to equality, dignity, and opportunity. The disability community often says, "Nothing About Us Without Us," but it appears that in this Budget, our voices have been ignored.
Minimal Budget Allocation and Lack of Clear Provisions
The Department for the Empowerment of Persons with Disabilities (DEPwD) has been allocated only ā¹1,225.27 crore for the fiscal year 2025-26, which amounts to just 0.025% of the total Union Budget. This meager allocation is far below the 5% demand that disability rights organizations have long advocated for, reflecting a lack of priority given to the empowerment of PwDs. Furthermore, there is a complete absence of clear provisions for the empowerment of PwDs across key sectors such as education, employment, healthcare, and infrastructure.
Neglect in Education, Employment, Health, and Infrastructure
The Union Budget fails to address the urgent need for inclusion and access in critical areas such as education, employment, healthcare, and infrastructure. No concrete steps have been taken to make public spaces barrier-free, nor have adequate provisions been made to improve educational and employment opportunities for PwDs. With no guidelines provided for creating accessible infrastructure in public buildings, transport, and educational institutions, PwDs remain excluded from accessing vital services and opportunities for growth. This continued neglect further entrenches the systemic discrimination that PwDs face on a daily basis.
Critical Cuts and Inadequate Financial Support
A troubling aspect of the Budget is the reduction of ā¹12.32 crore in the scholarship allocation for disabled students, which now stands at ā¹142.68 crore, down from ā¹155 crore in the previous year. This cut will deprive many disabled students of the opportunity to pursue higher education and advance themselves socioeconomically. Furthermore, funding for vital programs like the Indira Gandhi National Disability Pension (IGNDP) remains stagnant at ā¹290 crores for the third consecutive year. This lack of growth in funding is insufficient to meet the rising needs of PwDs, leaving them vulnerable to poverty and social exclusion.
Demand for GST Exemption on Assistive Devices
Currently, essential assistive devices like mobility aids, prosthetics, hearing aids, and PwD-modified vehicles are subject to GST, with rates ranging from 5-18%. These taxes place an additional financial burden on PwDs and their families, making essential aids unaffordable. We demand a full GST exemption on all assistive devices to ensure that PwDs can access the tools they need to lead independent and dignified lives.
GST-Free Health and Life Insurance for PwDs
We also demand the complete removal of GST on health and life insurance policies for PwDs. The imposition of GST on insurance policies for PwDs makes them financially inaccessible, which in turn exacerbates the health and economic challenges faced by this community. The removal of GST would ensure that PwDs are able to obtain affordable health and life security, giving them greater access to necessary healthcare services.
Special Tax Incentives for Employment of PwDs
The unemployment rate for PwDs in India remains disproportionately high, with over 70% of PwDs being unemployed. The government must take proactive steps to address this issue. We call for special tax incentives for corporates, private banks, and other industries that employ at least 3% PwDs among their workforce. Such incentives would encourage employers to hire PwDs, increasing their participation in the economy and reducing systemic employment discrimination.
Interest-Free Loans for Barrier-Free Infrastructure
The government has allocated ā¹1.5 lakh crore in interest-free loans to states, but there are no clear guidelines to ensure that these funds are used to create barrier-free infrastructure for PwDs. Disability rights organizations call for a portion of this fund to be specifically dedicated to the development of accessible public infrastructure, including public buildings, transport systems, and educational institutions. This would ensure compliance with the accessibility standards set forth by the RPwD Act, 2016, and the UNCRPD.
Capacity Building: Training of PwD Engineers and Nodal Officers
Effective implementation of inclusive policies requires well-trained professionals. Regular training of PwD engineers and nodal officers at the state level is essential to ensure the successful execution of plans that directly benefit PwDs. This training would ensure that policies are effectively implemented and monitored, enabling PwDs to fully benefit from these initiatives.
Special Courts for PwDs
To ensure timely and fair justice for PwDs, we demand the establishment of special courts in every state and union territory dedicated to handling cases involving PwDs' rights, discrimination, and abuse. These courts should be equipped with the necessary facilities to ensure that PwDs have access to quick and effective justice.
Key Issues and Corresponding Demands
Enhance Allocation to Indira Gandhi National Disability Pension (IGNDP)
Increase the pension amount to at least ā¹5,000/month to reflect realistic needs and align with international poverty alleviation standards. Index the pension amount to inflation to maintain its purchasing power over time and expand the coverage of the scheme to include more PwDs, especially in rural and remote areas.
Implement Full GST Exemption on Assistive Devices
Remove GST on essential assistive devices, mobility aids, prosthetics, hearing aids, and PwD-modified vehicles.
Create an Accessible India Fund
Establish a ā¹10,000 crore Accessible India Fund to create barrier-free infrastructure in public spaces and educational institutions.
Enforce 3% Job Reservation Across Sectors
Create a special task force to enforce the 3% job reservation for PwDs in both private and public sectors and provide incentives to employers who hire PwDs.
Provide Financial Support for PwD Entrepreneurs
Offer interest-free loans and financial incentives for PwDs who seek to start businesses or work as freelancers.
Expand and Streamline the ADIP Scheme
Expand the scope of the ADIP (Assistance to Disabled Persons for Purchase/Fitting of Aids/Appliances) to include WHO-recommended priority devices and streamline the application process.
Improve Legal Protections and Enforcement Mechanisms
Establish special disability courts and conduct a comprehensive PwD census to collect accurate data for better policymaking.
Increase Allocation for the Department for Empowerment of Persons with Disabilities (DEPwD)
Significantly increase the budgetary allocation to DEPwD to address systemic inequalities and meet the needs of PwDs across India.
Improve Public Health Provisions for PwDs
Ensure better access to healthcare services, allocate funds for disability-specific healthcare needs, and support rehabilitation services, mental health support, and medical equipment.
Why This Budget Fails PwDs: A Human Rights Perspective
The Union Budget 2025 fails to meet the basic rights of PwDs under the UNCRPD, particularly Article 9 on accessibility and Article 25 on the right to health. The continued imposition of GST on essential assistive devices and the lack of provisions for accessible infrastructure and employment opportunities create insurmountable barriers for PwDs. With over 70% of PwDs in India unemployed, the government must address the systemic discrimination and lack of opportunities that prevent PwDs from fully participating in society.
Call to Action
As a proud member of the PwD community and convenor of Divyang Forum 2023 (Kolkata), I call upon the government to urgently review and amend the budgetary allocations and policies to reflect the rights and needs of PwDs. We urge your support to advocate within relevant departments, ministries, and all media platforms, both digital and print, to address these critical issues.
We request a written response within 07 days regarding the governmentās plans to address these concerns and a meeting within 30 days with representatives from the PwD community to discuss budgetary amendments and policy recommendations.
We respectfully call upon the Honorable Prime Minister, the President, the Honorable Finance Minister, Members of Parliament, and Hon. Chief & States Finance Ministers of all states to reevaluate the budget and ensure the upliftment of the PwD community. If these concerns are not addressed, we will be forced to explore all available avenues for redress, including advocacy at international human rights platforms and others .
Thank you for your immediate attention to these urgent matters. We hope that this Budget can be a turning point in ensuring that the rights of PwDs are fully recognized and upheld.
Sincerely,
Jitendra Kumar Soni
(Proud Person with Disabilities in India)
Convenor, Divyang Forum 2023
Address: 49/19, Rabindra Sarani, Opp. Shanti Niketan Hall, Near Jalan Variety Shop,
Rishra, Hooghly, West Bengal - 712248
Mobile: 7439848244 / 7044337707
Email: sonitwi...@gmail.com / divyangf...@gmail.com
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Twinkle Soni
Key Questions :
Voter ID and Representation for PwDs:
- Why does the number of PwDs registered as voters in Delhi remain substantially lower than the actual population of PwDs?
- What steps will the Election Commission take to ensure PwDs are properly registered and included in the voter rolls?
- How will the government address the disparity between the PwD population and the actual number of PwDs with voter IDs?
Access to Voting for High Care Needs Voters:
- How will the government ensure that voters with high care needs, including senior citizens, pregnant women, and critical patients, can access voting without physically visiting polling stations?
- What provisions will be made for these vulnerable groups to vote remotely or through alternative methods, such as postal ballots or home voting services, without compromising the privacy or secrecy of their vote?
Inclusion of Critical Patients and Pregnant Women:
- How will pregnant women and critical patients, including those on life support or undergoing long-term treatment, be accommodated in the electoral process if they are unable to leave their homes or hospitals to vote?
- Is the Election Commission considering online voting or other innovative methods to enable participation for those who cannot be physically present at polling stations?
Charter of Demands:
Universal Voter Registration System:
- Collaborate with organizations representing PwDs, hospitals, senior citizen homes, and care centers to register PwDs who are unregistered and assist them in obtaining voter IDs.
- Cross-check PwD populations with Aadhar data to identify those without voter IDs and ensure their inclusion in the voter rolls.
- Establish special counters at every polling center for the purpose of enrolling new PwD voters.
Postal Ballots and Online Voting:
- Extend postal ballot access to PwDs, senior citizens, pregnant women, and critical patients, making the process streamlined and efficient.
- Implement secure online voting to allow these groups to vote from their homes or treatment locations while ensuring the secrecy and security of their vote.
Voting from Home or Treatment Location:
- Provide home voting provisions for PwDs, senior citizens, pregnant women, and critical patients with severe mobility issues.
- Simplify the process for applying for postal ballots, ensuring it is accessible and user-friendly.
Accessible Voting Booths and Transport:
- Make polling stations fully accessible with ramps, accessible toilets, Braille-enabled voting machines, and audio assistance.
- Provide dedicated transport services for PwDs and senior citizens who wish to visit polling stations but cannot due to health conditions.
Suggestions for Achieving Full Participation:
Strengthen Collaboration with PwD Organizations:
- Partner with disability advocacy groups, NGOs, and local community centers to improve voter registration, education, and outreach efforts.
Leverage Technology for Voting:
- Develop secure online voting systems, incorporating biometric or Aadhar-based authentication for PwDs, senior citizens, pregnant women, and critical patients.
- Mobile Voting Apps: Create mobile apps with accessible features for PwDs to cast their votes remotely.
- Virtual Polling Stations: Establish virtual polling stations for voters to participate from their homes or care facilities.
- Accessible Online Registration: Ensure online voter registration platforms are fully accessible and compatible with assistive technologies.
Create Voter Support Systems:
- Designate trained election officers to assist PwDs, senior citizens, and those with special care needs in the registration and voting processes.
- Provide trained volunteers to assist PwDs, senior citizens, and people with special care needs at polling stations.
Expand Postal Ballot Reach:
- Streamline postal ballot applications and provide mobile postal ballot services where election officers
Disclaimer of Liability:
The contents of this communication are intended for informational purposes only and reflect the suggestions and concerns raised regarding the accessibility and inclusivity of the electoral process for persons with disabilities (PwDs), senior citizens, pregnant women, and critical patients. The suggestions provided are based on the best available knowledge and do not constitute legal advice or binding requirements.
The sender shall not be held liable for any actions taken based on the information provided in this communication, nor shall any individual or authority be held responsible for the execution or failure to execute the suggested measures.
Any decisions or actions regarding the implementation of these proposals will be solely at the discretion of the relevant authorities and are subject to applicable laws, regulations, and guidelines.
list of legal obligations, laws, acts, directions, and guidelinesĀ related to the inclusion and accessibility of persons with disabilities (PwDs) in India, particularly in the context of voting rights and accessibility in elections:
1. The Constitution of India (Fundamental Rights):
- Article 14: Right to equality, ensuring no discrimination on the basis of disability.
- Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, which includes disability.
- Article 21: Right to life and personal liberty, which includes the right to participate in elections.
- Article 325: Ensures that all citizens are entitled to equal rights in elections, irrespective of disability.
- Article 32: Provides the right to approach the Supreme Court for the enforcement of fundamental rights, including the right to vote.
2. The Representation of the People Act, 1950 and 1951:
- Representation of the People Act, 1950:
- Provides the legal framework for the registration of voters, ensuring that PwDs are not excluded from voter registration and participation in the electoral process.
- Representation of the People Act, 1951:
- Provides the legal framework for the conduct of elections, including voting rights for PwDs, ensuring that their voting rights are not restricted.
3. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995:
- Provides for the welfare of PwDs, focusing on their rights in education, employment, and participation in public life. This includes the right to participate in the electoral process.
4. The Rights of Persons with Disabilities Act, 2016:
- Section 3: Recognizes PwDs' right to equality and non-discrimination in the exercise of all rights, including the right to vote.
- Section 44: Ensures that PwDs have the right to accessible voting, including accessible polling booths and voting technologies.
- Section 45: Mandates the creation of accessible facilities for PwDs at public places, including polling stations.
- Section 46: Recognizes the need for government departments and the Election Commission to ensure PwDs have easy access to electoral processes, such as the provision of postal ballots.
5. The National Policy for Persons with Disabilities, 2006:
- Outlines the measures to be taken to promote equal opportunities for PwDs, including in the electoral process. The policy encourages accessible elections, voter education, and accessible polling booths.
6. The Election Commission of India Guidelines (Accessibility of Polling Stations):
- The Election Commission has issued guidelines for ensuring that polling stations are accessible to PwDs. These guidelines include measures for:
- The provision of ramps and accessible toilets.
- Facilitating PwDs in casting their vote with assistance.
- Ensuring voting machines are accessible to PwDs (audio assistance, Braille, etc.).
- Designating special booths or polling stations for PwDs where necessary.
7. The Supreme Court of India Directions and Judgments:
- Case: Union of India v. National Federation of the Blind (2013):
- The Supreme Court directed the Election Commission of India to take necessary steps to ensure that the rights of PwDs are protected in the electoral process, including providing accessible voting methods.
- Case: Nipun Malhotra v. Union of India (2018):
- The Supreme Court ruled that the rights of PwDs must be given equal importance in all aspects of life, including their participation in elections.
- The Court directed the Election Commission to make provisions for accessible voting methods, including Braille-enabled voting machines and audio voting facilities.
- Case: Disabled Rights Forum v. Election Commission (2019):
- The Supreme Court directed the Election Commission to ensure all polling stations are made accessible to PwDs, including easy access to voting booths and assistance for PwDs with disabilities.
8. The Delhi High Court Directions:
- Case: National Association for the Blind v. Union of India (2014):
- The Delhi High Court directed the Election Commission to ensure that the polling stations in Delhi are made accessible for blind voters and PwDs. The court also emphasized the need for providing accessible voting machines and ensuring that PwDs are not discriminated against in the electoral process.
9. The Disability Rights and Accessibility Guidelines from the Ministry of Social Justice and Empowerment (MSJE):
- The Ministry has issued guidelines for ensuring accessibility in public spaces, including polling booths and voting procedures, to guarantee that PwDs can participate fully in the electoral process. These guidelines cover:
- Provision of Braille voting machines.
- Making public places, including polling booths, physically accessible.
- Awareness programs for PwDs to ensure they know their rights to vote.
10. The International Convention on the Rights of Persons with Disabilities (CRPD) ā UN Convention (Ratified by India in 2007):
- Article 29: Ensures that PwDs have the right to participate in political and public life, including voting rights.
- Indiaās ratification of the CRPD has implications for ensuring that elections are inclusive and accessible, obligating the government to take appropriate measures to facilitate participation by PwDs.
11. The 2019 Electoral Reforms (Recommendation by Law Commission of India):
- The Law Commission recommended the introduction of measures to facilitate online voting for PwDs, ensuring that those who cannot reach polling stations due to disability or illness can still participate in the electoral process.
12. Section 4 of the Representation of the People Act (1951):
- This section provides that any person whose name is included in the electoral roll has the right to vote, which includes PwDs who are registered as voters.
Legal Obligations:
Ensuring Accessibility: The Election Commission must ensure that polling stations are accessible, and PwDs are provided with assistance where needed. This includes making polling stations physically accessible, providing assistive technologies (such as Braille and audio assistance), and making necessary accommodations for PwDs.
Providing Equal Voting Opportunities: The legal obligation to ensure PwDs are given the same opportunities to vote as others, including through accessible voting methods (postal ballots, online voting, etc.), is enshrined in theĀ Rights of Persons with Disabilities Act, 2016, and other relevant legislation.
Data Protection: Personal data related to PwDs and other voters must be handled with confidentiality and in accordance with privacy laws, ensuring that voter identities are not disclosed inappropriately.
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Twinkle Soni
To:
The Hon. President of India
Subject:Ā Formal Petition for Enhanced Inclusion and Representation of PwDs in Governance and Employment: Request for Acknowledgement and Action
Respected Sir/Madam,
We, the undersigned representatives and advocates for the rights of Persons with Disabilities (PwDs) in India, hereby submit thisĀ complaint petition cum memorandum to highlight critical issues concerning the inclusion, representation, and welfare of PwDs in our nation. The population of persons with disabilities in India is estimated to be approximately 10ā12 crores, and a significant portion of this population resides in West Bengal , Uttar pradesh, Delhi, Madhya Pradesh, Tamilnadu, Rajasthan, Punjab , Haryana, Assam, ,Himachal Pradesh, Uttrakhand, Maharashtra, Kerala, Andhra Pradesh, Jharkhand, Bihar, Orissa and other states and union territories of India. We have a collective responsibility to ensure that all citizens, regardless of their abilities, can fully participate in society. Despite existing legal frameworks, including the Rights of Persons with Disabilities Act, 2016 (RPwD Act 2016), and international commitments, such as the UN Convention on the Rights of Persons with Disabilities (UNCRPD), significant challenges persist, hindering the full participation of PwDs in societal, economic, and political spheres.Ā
The severe lack of sufficient employment opportunities for persons with disabilities (PwDs) in both public and private sectors is compounded by a systemic failure within government. A significant number of government posts reserved for PwDs are vacant, while countless others, particularly within the Department and Ministry of Persons with Disabilities (DEPwD and MSJ&E), are occupied by non-disabled individuals. This stark reality represents a grave injustice, a profound policy failure, and underscores the urgent need for immediate and decisive action.
The principle of "Nothing About Us Without Us" must be adopted universally to ensure inclusive policy-making and effective implementation of disability welfare programs. It is also a matter of great concern that in numerous posts within the Ministry of Social Justice and Empowerment (MSJE) and the Department of Empowerment of Persons with Disabilities (DEPwD), roles often occupied by non-disabled individuals, leading to ineffective policies, systemic delays, and a lack of real representation. This exclusion of PwDs from decision-making roles not only violates fundamental rights, as recognized by both the Indian Constitution and international treaties like the UNCRPD, but also perpetuates economic and social marginalization. We urge the Government of India and State Governments to take immediate and concrete action to implement the recommendations outlined in this petition, ensuring true empowerment and representation of PwDs in governance, as mandated by the RPwD Act 2016 and the UNCRPD.
1. Lack of Representation of PwDs in Governance
It has been observed that a considerable number of positions within the Ministry of Social Justice and Empowerment (MSJE) and the Department of Empowerment of Persons with Disabilities (DEPwD) are occupied by non-disabled individuals. This lack of representation leads to ineffective policy formulation, systemic delays, and a disconnect from the real challenges faced by PwDs.
2. Vacant Reserved Posts
Despite statutory provisions under the Rights of Persons with Disabilities (RPwD) Act, 2016, a significant number of government posts reserved for PwDs remain unfilled across various departments and organizations. This non-fulfillment not only violates legal mandates but also perpetuates economic and social marginalization of PwDs.
3. Employment Gaps and Lack of Support
The current employment landscape reveals:
Limited Dedicated Employment Exchanges: There is a scarcity of employment exchanges specifically catering to PwDs, resulting in inadequate job matching and placement services.
Absence of Regular Job Fairs: The lack of regular, PwD-focused job fairs limits exposure to potential employers and opportunities.
Inadequate Capacity Building: PwDs often lack access to necessary training, assistive technologies, and workplace accommodations, leading to underperformance and tokenism.
4. Accessibility and Inclusion Deficits
Comprehensive access audits are seldom conducted to assess the inclusion of PwDs in key ministries and public spaces. Non-disabled staff occupying critical roles in PwD governance without appropriate knowledge or lived experience further exacerbates the issue.
5. Intersectional Challenges
PwDs are not a homogenous group; factors such as caste, gender, religion, socioeconomic status, and geographical location intersect with disability, creating unique experiences of marginalization. For instance, women with disabilities often face dual discrimination. Policies must consider these intersecting identities to be truly effective.
6. Data Collection and Disaggregation
The absence of robust and disaggregated data on PwDs hampers effective policymaking. Data should encompass various disability types and be segmented by age, gender, location, and socioeconomic status to address specific challenges accurately.
7. Awareness and Sensitization
Stigma and discrimination against PwDs persist due to a lack of awareness. Comprehensive sensitization campaigns targeting the general public, government officials, employers, and educational institutions are essential to foster an inclusive society.
8. Inclusive Education
Access to quality education in mainstream schools for children with disabilities is limited. Inclusive education necessitates accessible infrastructure, trained educators, and appropriate support services to ensure equal learning opportunities.
9. Comprehensive Accessibility
Beyond employment, accessibility challenges pervade public spaces, transportation, and information and communication technologies. Addressing these barriers is crucial for the holistic inclusion of PwDs.
10. Role of Civil Society Organizations (CSOs)
CSOs are pivotal in advocating for PwD rights and providing essential support services. Strengthening their capacity and ensuring their active participation in policy development and implementation is imperative.
11. Accountability and Monitoring
The lack of effective monitoring mechanisms leads to poor implementation of policies. Regular audits, independent evaluations, and accessible grievance redressal systems are necessary to hold stakeholders accountable.
12. Recognizing the Care Economy
Many PwDs require ongoing care, often provided by family members, predominantly women. Recognizing and supporting this "care economy" through respite care, financial assistance, and support services is essential for the well-being of both PwDs and their caregivers.
13. Transition to a Rights-Based Approach
The prevailing charity-based perspective towards disability must shift to a rights-based approach. PwDs are entitled to full and equal participation in society as rights-holders, and policies should reflect this paradigm.
Our Demands:
In light of the above challenges, we earnestly request the following actions:
Policy and Governance Reforms:
Amend the RPwD Act, 2016: Mandate the appointment of PwDs as Chief Commissioner for Persons with Disabilities (CCPD) and State Commissioners for Persons with Disabilities (SCPD) and other officials.
Immediate Appointments: Fill all vacant disability-related governance roles with qualified PwDs.
Establish Advisory Committees: Form independent national and state advisory committees exclusively comprising PwDs to guide policy and decision-making.
Employment Reforms:
Reservation Policies: Reserve at least 70% of Help Desk Officer and other relevant positions for PwDs at all levels.
Dedicated Employment Exchanges: Establish robust employment exchanges for PwDs in every State and Union Territory.
Regular Job Fairs: Conduct special job fairs for PwDs quarterly until 2030 to bridge employment gaps.
Capacity Building and Support:
Training Programs: Provide accessible training and skill development programs tailored for PwDs.
Assistive Technologies: Ensure availability and affordability of assistive devices and technologies.
Workplace Accommodations: Mandate reasonable accommodations in workplaces to support PwDs effectively.
Awareness and Sensitization:
Widespread awareness and sensitization campaigns are essential to address the stigma and discrimination faced by PwDs. These campaigns should target not only the general public but also government officials, employers, and educational institutions. Changing attitudes and perceptions is crucial for creating a truly inclusive society.
The Department of Empowerment of Persons with Disabilities (DEPwD) has initiated the Awareness Generation and Publicity (AGP) scheme to create awareness about disability-related legislation, development programs, and rehabilitation services among various stakeholders. This initiative aims to sensitize key functionaries towards the prevention, early identification, intervention, rehabilitation, and mainstreaming of PwDs.
Additionally, local-level sensitization programs involving respected community leaders, such as Block Development Officers (BDOs) and Sarpanches, as well as local medical practitioners, are recommended. These programs educate communities about different types of disabilities and promote inclusive practices.
Inclusive Education:
Inclusive education is the foundation for future empowerment. Children with disabilities should have access to quality education in mainstream schools alongside their non-disabled peers. This requires accessible infrastructure, trained teachers, and appropriate support services. Early intervention and inclusive education are critical for breaking down barriers and fostering social inclusion.
The Ministry of Education facilitates inclusive quality school education for children with special needs through various initiatives. Efforts include providing free access to National Council of Educational Research and Training (NCERT) books and e-content for students, teachers, and parents via the ePathshala portal and mobile app. NCERT textbooks are also available in audio format to cater to diverse learning needs.
Despite these efforts, challenges persist. Approximately 45% of disabled individuals are illiterate, and only 62.9% of disabled individuals aged 3 to 35 have ever attended regular schools. Specific disability categories and
Inclusive Education
Inclusive education is fundamental to empowering Persons with Disabilities (PwDs) and ensuring their full participation in society. The National Council of Educational Research and Training (NCERT) has undertaken several initiatives to promote inclusive and accessible education:
e-Pathshala AR App: This augmented reality application aims to energize textbooks and enhance interactions among students and teachers, enabling learners to transcend traditional classroom boundaries.
NCERT.NIC.IN
Audio Format Textbooks: NCERT provides textbooks in audio format, catering to diverse learning needs and ensuring that students with visual impairments have access to educational content.
DSEL.EDUCATION.GOV.IN
Despite these efforts, challenges persist. Recent data indicates that approximately 12-15% of the student population in India has learning disabilities, with a higher prevalence among boys. Shockingly, the education of children with such special needs often lacks formal recognition and support.
BLOG.EIU.AC
Furthermore, gender disparities in inclusive education are evident. According to the 2011 Census, only 18% of male students with disabilities and 14% of female students with disabilities attend inclusive schools, compared to 30% and 38% of their non-disabled counterparts, respectively.
RESEARCHGATE.NET
Comprehensive Accessibility
Accessibility challenges extend beyond the educational sphere, affecting public spaces, transportation, and information and communication technologies. The Accessible India Campaign (Sugamya Bharat Abhiyan), launched on December 3, 2015, aims to achieve universal accessibility, enabling PwDs to gain equal opportunities, live independently, and participate fully in all aspects of life.
CIET.NCERT.GOV.IN
Role of Civil Society Organizations (CSOs)
Civil society organizations play a pivotal role in advocating for the rights of PwDs and providing essential support services. Strengthening their capacity and ensuring their active participation in policy development and implementation is imperative. Organizations like Arushi conduct periodic orientation workshops for public functionaries, community workers, non-governmental organizations, and the general public to familiarize them with the specific needs of PwDs. These programs cover government policies, entitlements, rights, and legal provisions for PwDs, thereby promoting awareness and inclusion.
Accountability and Monitoring
The lack of effective monitoring mechanisms leads to poor implementation of policies. Regular audits, independent evaluations, and accessible grievance redressal systems are necessary to hold stakeholders accountable. The Accessible India Campaign emphasizes the need for regular access audits to assess and enhance the accessibility of public infrastructure, including airports, railway stations, and public transport systems. Such audits are instrumental in identifying barriers and implementing necessary modifications to create an inclusive environment.
CIET.NCERT.GOV.IN
Recognizing the Care Economy
Many PwDs require ongoing care, often provided by family members, predominantly women. Recognizing and supporting this "care economy" through respite care, financial assistance, and support services is essential for the well-being of both PwDs and their caregivers.
Transition to a Rights-Based Approach
The prevailing charity-based perspective towards disability must shift to a rights-based approach. PwDs are entitled to full and equal participation in society as rights-holders, and policies should reflect this paradigm. The Rights of Persons with Disabilities (RPwD) Act, 2016, provides a robust framework for the rehabilitation, empowerment, and inclusion of PwDs. It outlines rights such as access to education, health services, and employment opportunities, emphasizing inclusive education and prohibiting discrimination based on disabilities in any form.
Legal Framework Supporting PwD Rights
The Rights of Persons with Disabilities (RPwD) Act, 2016, along with constitutional provisions and international commitments such as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), underscores the obligation to ensure equal opportunities and non-discrimination for PwDs. Judicial precedents have consistently reinforced these principles, mandating the fulfillment of reserved posts and the creation of an inclusive environment.
Call to Action
In light of the above, we earnestly request the following actions:
Policy and Governance Reforms
Amend the RPwD Act, 2016: Mandate the appointment of PwDs in key positions such as the Chief Commissioner for Persons with Disabilities and State Commissioners.
Immediate Appointments: Fill all vacant posts reserved for PwDs in governance roles without further delay.
Establish Advisory Committees: Form independent national and state advisory committees predominantly comprising PwDs to guide policy and decision-making.
Employment Reforms
Reservation Policies: Reserve a significant percentage of administrative positions, including Help Desk Officers, for PwDs at all levels.
Dedicated Employment Exchanges: Establish robust employment exchanges for PwDs in every State and Union Territory.
Regular Job Fairs: Conduct special job fairs for PwDs quarterly until 2030 to bridge employment gaps.
Accountability and Transparency
Access Audits: Conduct immediate access audits to assess the inclusion of PwDs in key ministries and departments.
Transparency in Staffing: Disclose information regarding non-disabled employees occupying positions within disability-focused departments.
Reassignment of Staff: Reassign non-disabled staff from disability-centric departments to other roles, ensuring these positions are filled by qualified PwDs.
Grievance Redressal and Representation
Dedicated Systems: Establish dedicated grievance redressal systems to protect the employment and welfare rights of PwDs.
Inclusive Policy-Making: Mandate consultation with PwDs in all policy-making processes that affect their lives.
We believe that these measures are essential to uphold the rights and dignity of Persons with Disabilities (PwDs) in India. Immediate and decisive action will not only fulfill our legal and moral obligations but also pave the way for a more inclusive and equitable society.
Submission of Complaint
In accordance with Rule 38 of the Rights of Persons with Disabilities Rules, 2017, we hereby submit this complaint with the following particulars:
Name and Address of the Aggrieved Person:
Jitendra Kumar Soni
(Indian Citizen with Disabilities and Representative of Citizens with Disabilities in India)
Address: 49/19, Rabindra Sarani, Opp. Shanti Niketan Hall, Near Jalan Variety Shop,
Rishra, Hooghly, West Bengal - 712248
Mobile: 7439848244 / 7044337707
Email:Ā sonitwi...@gmail.comĀ /Ā divyangf...@gmail.com
Name and Address of the Opposite Parties:
Ministry of Social Justice and Empowerment, India
Department of Empowerment of Persons with Disabilities, India
Facts Relating to the Complaint:
Despite statutory provisions under the Rights of Persons with Disabilities Act, 2016, a significant number of government posts reserved for PwDs remain unfilled across various departments and organizations.
Key positions within the Ministry of Social Justice and Empowerment and the Department of Empowerment of Persons with Disabilities are occupied by non-disabled individuals, leading to ineffective policy formulation and implementation.
There is a lack of dedicated employment exchanges and regular job fairs for PwDs, resulting in limited employment opportunities.
Absence of comprehensive access audits and inadequate grievance redressal mechanisms further exacerbate the challenges faced by PwDs.
Reference Resources in Support of the Allegations:
The Rights of Persons with Disabilities Act, 2016.
Reports highlighting the number of unfilled reserved posts for PwDs.
Documentation of instances where non-disabled individuals occupy key positions meant for PwDs.
Relief Claimed:
Immediate amendment of the Rights of Persons with Disabilities Act, 2016, to mandate the appointment of Persons with Disabilities in key governance and all other positions.
Filling of all vacant posts reserved for PwDs without further delay.
Establishment of PwD-led advisory bodies at national and state levels.
Creation of dedicated employment exchanges and regular job fairs for PwDs in every State and Union Territory.
Conducting comprehensive access audits and ensuring transparency in the staffing of disability-focused departments.
Implementation of robust grievance redressal systems to protect the rights and welfare of PwDs.
We trust that your esteemed office will take cognizance of these pressing issues and initiate appropriate actions to address them promptly.
Enclosures:
Supporting documents as required.
Declaration:
We hereby declare that the subject matter of this complaint is not pending before any court of law or any other authority.
Date: February 20, 2025
Place: Hooghly District, West Bengal
Signature:
Jitendra Kumar Soni
Representative of Persons with Disabilities in India &
Convenor, Divyang Forum 2023
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Humanity Welfare OrganizationĀ HELPLINE NGO,
Bijbehara, District Anantnag Kashmir
post office: S.O BIJBEHARA J&K, INDIA - 192124