vol 2 issue 7 january 2013

Golden Research Thought

                                                                                  Impact Factor:0.1870

Physically Challenged in India: An Overview

Mr. Ramesh Ashappa

Research Scholar

Dept. of Sociology,

Gulbarga University, Gulbarga

Karnataka

Abstract:

In India, different definitions of disability conditions have been introduced for various purposes, essentially following the medical model and, as such, they have been based on various criteria of ascertaining abnormality or pathologic conditions of persons. In absence of a conceptual framework based on the social model in the Indian context, no standardization for evaluating disability across methods has been achieved. In common parlance, different terms such as disabled, handicapped, crippled, physically challenged, are used inter-changeably, indicating noticeably the emphasis on pathologic conditions. The paper collected secondary sources and analysis the causes, types of physical changes and legal protection. 

Introduction:

As per the World Health Organization; Disability is an umbrella term, covering impairments, activity limitations, and participation restrictions. Impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. Thus disability is a complex phenomenon, reflecting an interaction between features of a person‟s body and features of the society in which he or she lives.

The roles and responsibilities of the Government of India are clearly identified in laws but experts are critical about the wider gap between the law and practice. 99% of the NGOs working for the welfare of the physically challenged are working in the area of service like schools, welfare support or vocational training. Our Indian Government officially admits that less than 2% of the physically challenged people are literates. Government figures place the number of physically challenged people who are employed at less than 1% and this means that the 99% of the physically challenged are unemployed. If we compare this statistics with the 10% of the physically challenged people employed in developed countries and with the 5 to 6% of the Asia-Pacific countries average on employment pattern of physically challenged people, then the status of the physically challenged employees in India indicates a gloomy picture since India has 70 million physically challenged people.

The livelihood of people with disability is more miserable than anywhere else in the world. Today the physically challenged people are struggling to maintain even bare minimum living conditions. They have inadequate social security. Physically challenged people suffer from lack of medical attention, social isolation, malnutrition and poverty. Several physically challenged middle aged and elderly people are committing suicides. The media does not report the news about such suicides and the reasons behind such suicides committed by physically challenged people. The distress of the physically challenged people is going unnoticed.

The voiceless physically challenged people are inseparable part of India’s growing population of marginal, weaker and vulnerable sections of society. In their younger days, parents mostly care physically challenged people and they suffer total neglect and isolation soon after the death of their parents. Many parents suffer from lack of adequate financial background to support their physically challenged siblings. This generalized picture of the physically challenged peoples’ living conditions is a reality in most of the rural household. The families of the physically challenged people lack a vision for their physically challenged wards’ sustainable livelihood and their future.

General Causes of physically challenged:

Hereditary: In the mind of the common man, a great confusion prevails regarding the nature of hereditary defects. Common man normally mixes us the terms hereditary, congenital and familial. The fact, however, remains that the three terms are quite different from one another. A defect which is congenital (that is, present at birth) or familial ( running in a family) may not be hereditary defect is one that passes down from generation to generation because of some sort of disturbance in the working of inherent gene mechanism. It is, however, noteworthy that a particular condition may be hereditary and yet, it may not manifest itself at birth, or for many years to come, or might not have appeared before in the individual’s immediate family. This may appear paradoxical in view of the implication that a hereditary defect passes on from one generation to the other. But it does happen in mutation, that is, when rare recessive genes are pooled together or when new black genes come into being.

Congenital: Congenital defects are those that are present at birth. Not all congenital defects are hereditary. Most of them are the result of infections, nutritional deficiencies, chemical factors and other environmental conditions. The following are some of the causes for congenital deformities as enumerated by Dr. Usha Bhatt.

a) Maternal Malnourishment, b)Maternal Infection, c) The Rh Factor, d) Disease, e) X Rays, f) Chemical Agents, g) Glandular Disorders of the Mother h) Mechanical Factors

Adventitious (Acquired)

The term acquired defects includes many conditions. The defects may be acquired due to a) birth injuries, b) pathological condition and diseases, c) accidents, d) nutrition deficiencies, e) defective postures, f) consequences of war, g) poverty, h) other causes

Nature of physically challenged:

Physically challenged people can broadly be classified as physical and mental challenges. Physical Disabilities is classified as spinal chord injury and amputated limbs (both are physically handicapped-Loco motor challenged or the orthopaedically handicapped), Blindness/ Visual impairment and Hearing Impairment (including dump). Mind related disabilities (the term mental disability is considered as an offensive jargon) are learning disability, mental illness and mental retardation.

Physical challenges

Spinal chord Injury

It is an injury or damage done to the spinal chord due to an accident or a fall, which may result in partial or complete paralysis. The most common condition that occurs when there is a spinal injury is Paraplegia- meaning, paralysis of legs affecting both movements and sensation. Another condition is Quadriplegia- a degree of paralysis in all four extremities such as arms and legs. Amputees are those persons who have one or more missing limbs as a result of accidents caused by vehicles and machinery or any other deformity caused during birth. Such persons can be partially mobile.

Blindness/ Visual impairment

There are several kinds of visual impairment among them the most common is blindness (100% loss of vision), which can occur due to various reasons such as malnutrition during childhood, illness, or due to accidents. Persons with visual disability have a wide range of abilities as well as limitations. They may be able to read large print and may even move about without any mobility equipments in most situations or sometimes they may be able to perceive light and darkness and perhaps even colours.

Hearing Impairment

Individuals may be affected by hearing impairment at all ages, the extent of which could be mild or severe depending upon the age of onset, degree and type of loss. Each individual’s adjustment to hearing loss is different from one another. Some can be assisted with hearing aids while others are not affected by it. Persons, who are deaf due to hearing loss after the age of 20, tend to have fair understanding, near normal speech and hearing but may require instructions to gain useful speech reading.

Mind related disabilities

Learning disability: It is a disorder, which affects the basic psychological processes of understanding or using written or spoken language. It can damage the ability to speak, read, write, listen, spell or do mathematical calculations. Conditions such as brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia are examples of learning disabilities.

Mental illnesses: These encompass Schizophrenia, anxiety disorders and depressive disorders. Schizophrenia is a highly complex disorder, which is caused due to a series of chemical changes in the brain. It usually occurs between the age groups of 15-25 years and is characterized by fragmented thoughts followed by an inability to process information. The condition affects the individual, family, professional and social life making him incapable of functioning normally. Surprisingly their intelligence is not affected and many of them are capable of leading partially normal life if their intelligence is not affected and many of them are capable of leading partially normal life if they follow their regular pattern of medication and rehabilitation programs such as those offered by half-way-homes.

Mental Retardation: It is distinguished from mental illness because of its presence before birth. A condition characterized by abnormal brain development in the womb not corresponding with normal physical growth. Their learning ability, reasoning power and perception all develop at a slower pace. Accidents, poisoning, or illness after birth can be a cause for mental retardation. Many of the mentally retarded people are able to participate in activities with non-disabled people given an appropriate adaptation and support. Others may require a long-term structured program. With adequate training and education such persons can be more self-reliant citizens. They can be found holding non-skilled or semi skilled jobs. They can be made to effectively integrated into the social structure.

Legal information:

Constitutional protection of the physically challenged people

In our Indian Constitution Article 14 of the fundamental rights speaks of equality before law and equal protection of law. Article 15 and 16 speaks of equality of opportunities in education and employment and prohibition of discrimination on grounds of religion, race, caste, sex or place of birth etc. More than half of the physically challenged people in India are disabled by birth and there are physically challenged people who became disabled due to accidents, illness and inadequate care of health disorders. Article 16 (4) provides “Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of the state, is not adequately represented in the services under the State.

Importantly, the equal protection clause of article 14 is an enabling provision for removing the inequalities of the disabled and making special laws for their rehabilitation and welfare. It can be reasonably classify physically challenged persons and provide them required suitable opportunities in education and employment. The physically challenged person in India has the right to life and all other rights that follows with it like any other citizens. The constitution does not speak specifically about the people with disabilities like in article 41 which states that “The State shall within in the limits of its economic capacity and development; make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of underserved want”. Therefore our Indian Constitution does not discriminate against people with disabilities and instead it insists the State about its role in rehabilitation, education and employment of the disabled and recommends the State to create special laws for them and protect their indivisible and inalienable rights of the physically challenged people.

The Rehabilitation Council of India Act, 1992

The first major legal advancement for the protection of the rights of the physically challenged people after the constitutional guarantee took its shape as the Rehabilitation Council of India Act, 1992 and it came into force on 31st July1993. The Act conferred statutory status on the Rehabilitation Council, which was set up in way back in 1986 as a registered society. The Council was responsible for laying down training policies and project plans for various categories of professional in the area of disability. In addition, the Act provides for the maintenance of a Central Rehabilitation Register for professional possessing recognized qualifications in the area of rehabilitation. The Rehabilitation Council of India is conducting effective rehabilitation schemes despite being handicapped with limited financial allocation. In 1999, the council launched a sensitization programs for medical officers of primary health centers on some of the important aspects of disability prevention, early identification, intervention, referral and rehabilitation, valuable services could be rendered to the people of rural areas. It published a manual containing the prescribed curriculum by various experts on disability/ rehabilitation and schemes for the physically challenged people as a part of its strengthening of institutional training capacity. These are some of the progressive measures undertaken by the rehabilitation council of India. The Rehabilitation Council of India Act, 1992 is amended by the Rehabilitation Council of India (amendment) Bill 2000 for the promotion of research in rehabilitation, special education, redefining the categories of the physically challenged and tune the act with respect to The Persons with Disabilities Act, 1995.

The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995

The meeting to launch the Asian and Pacific Decade of Disabled Persons 1993-2002 convened by the Economic and Social Commission for Asia and Pacific held at Beijing on the 1st to 5th December 1992 adopted the Proclamation of the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region. India is a signatory to the said Proclamation. In the context of implementing the aforesaid Proclamation in the Forty-sixth Year of the Republic of India enacted The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995. The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 came into effect as the first of the year on 1st January 1996. It was really a happy new year for the disabled people with good news ever since the independence of India. The act provides an effective legal development in the protection of the rights of disabled people and significantly based on this act all current and future rights based approach of the disabled people shall be devised. This Act is applicable for whole India except the State of Jammu and Kashmir. The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 mentions about appropriate Government and defines it as Central Government, or any establishment wholly or substantially financed by that Government, State Government or any establishment wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government. Further it defines disability as blindness, low vision, leprosy-cured, hearing impairment, loco motor disability (physical), mental retardation & mental illness. The Act stresses the role of Government in rehabilitation and refers it as a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels. The Act demands that Governments and local authorities shall ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years, endeavour to promote the integration of students with disability in the normal schools, promote settings up of special schools in Government and private sector for those in need of special education, in such a manner that children with disability living in any part of the country have access to such schools and to equip the special schools for children with disability with vocational training facilities. The Act further states that all educational institutions to reserve seats for persons with disabilities, all Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent seats for persons with disabilities.

The act recommends Governments identify posts in the establishments, which can be reserved for persons with disability, at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology. Under the clause “Reservation of posts” the Act demands that every Government shall appoint in every establishment such percentage of vacancies not less three per cent. It classifies three categories of the physically challenged people in terms of blindness or low vision, hearing impairment and loco motor disability or cerebral palsy. It allocates each category 1 % of reservation among the total 3 % of reservation for the physically challenged people in public services under all the state and central governments.

The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 mentions about Incentives to employers to ensure five per cent of the work force is composed of persons with disabilities. The appropriate Governments and local authorities shall within the limits of their economic capacity and development, provide incentives to employers both in public and private sectors to ensure that at least five per cent of the work force is composed of physically challenged persons.

Table.1 Disability-Specific Data

Source: SARVEKSHANA, 36^th &47^th rounds, National Sample Survey Organization, Department Of Statistics, Ministry of Planning & Program Implementation, Government of India.

Table.2 Area-Specific Data

Source: SARVEKSHANA, 47^th rounds, National Sample Survey Organization, Department Of Statistics, Ministry of Planning & Program Implementation, Government of India

Conclusion:

Today, India with a population over 1.1 billion, which is more than one-sixth of global human population, has 70 million people with disability. Among 70 million physically challenged people in India, and only 2% are educated and 1% are employed. There has been a systematic neglect of the physically challenged people in India. According to a study conducted by McKinsey and Company, it costs the nation as much as Rs.720000 million per annum to care for the physically challenged citizens. Parents, siblings, friends and welfare organizations in India are spending most of the expenses of the fortunate physically challenged people. The unfortunate physically challenged people are roaming in the society as beggars.

Our Indian Government officially admits that less than 2% of physically challenged people are getting educated. Government figures place the number of physically challenged people who are employed at less than 1% and this means that the 99% of the physically challenged are unemployed. The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995, which came into force after a decade old lobbying by the activists working for the rights of the physically challenged. So far this Act is not implemented in letter and spirit.

Education, research, capacity building and sensitization programs for different sections of the civil society on the rights of the physically challenged people, Education projects for the physically challenged women should be launched with the support of various groups at the grass root level, Awareness program on the rights of the physically challenged people, Physically challenged women leadership development programs in public services.

Reference:

1.      Dr. G. Venkataswamy, “Causes of Blindness in India”, Blind Welfare, April 1976,

2.      Dr. Jose Murickan S J “Persons with disabilities in society” Kerala Federation of the blind in 1995

3.      Source: SARVEKSHANA, 36^th &47^th rounds, National Sample Survey Organization, Department Of Statistics, Ministry of Planning & Program Implementation, Government of India.

4.      Status of Physically challenged employees in public services: South asian research & development initiative, New Delhi.

5.      Usha Bhatt, op.it.p.39