Introduction:
The Rights of Persons with Disabilities Act, 2016 (RPWD Act) is a comprehensive legislation that aims to protect the rights of persons with disabilities in India. However, despite its legal recognition, the RPWD Act remains only a document without intense sensitization of government functionaries and citizens regarding disability. This article will provide a point-wise discussion of the challenges facing the implementation of the RPWD Act, with real-world examples after every point.
Lack of Awareness and Sensitivity:
Government Functionaries: Many government officials are not aware of the rights of persons with disabilities and the provisions of the RPWD Act. This lack of awareness can lead to a lack of appropriate services and support for persons with disabilities.
Citizens: Similarly, citizens also lack awareness and sensitivity towards persons with disabilities. This can lead to discrimination, marginalization and social exclusion of persons with disabilities in various aspects of life.
Example: In the state of Tamil Nadu, a survey conducted by the National Centre for Promotion of Employment for Disabled People (NCPEDP) found that 80% of government officials were not aware of the rights of persons with disabilities as per the RPWD Act.
Lack of Implementation:
Government Authorities: The RPWD Act provides for various rights and entitlements for persons with disabilities, but these are not always implemented by government authorities. This can be due to lack of awareness, lack of resources, or lack of political will.
Example: In the state of West Bengal, an investigation by the Disability Rights Association found that government schools were not accessible to persons with disabilities as per the RPWD Act, despite the Act mandating accessibility in all public buildings.
Limited Access to Justice:
Persons with Disabilities: Persons with disabilities often face barriers in accessing justice, such as a lack of legal aid and representation.
Example: In the state of Maharashtra, a study by the National Law School of India University found that only 5% of persons with disabilities who faced discrimination had access to legal aid.
Limited Access to Education and Employment:
Education: Persons with disabilities often face barriers in accessing education, such as a lack of special education facilities, support, and trained teachers.
Employment: Similarly, persons with disabilities face barriers in accessing employment, such as a lack of job opportunities and workplace accommodations.
Example: In the state of Gujarat, a survey by the National Centre for Promotion of Employment for Disabled People (NCPEDP) found that only 2% of persons with disabilities were employed, despite the RPWD Act mandating 3% reservation for persons with disabilities in government jobs.
Limited Access to Assistive Devices and Technology:
Assistive Devices and Technology: Persons with disabilities often face barriers in accessing assistive devices and technology, such as a lack of availability, affordability, and knowledge on how to use them.
Example: In the state of Uttar Pradesh, a study by the National Centre for Promotion of Employment for Disabled People (NCPEDP) found that only 5% of persons with disabilities had access to assistive devices and technology, despite the RPWD Act mandating availability of such devices and technology to persons with disabilities.
Limited Access to Public Transportation:
Public Transportation: Persons with disabilities often face barriers in accessing public transportation, such as a lack of accessibility, availability and knowledge of accessible transportation options.
Example: In the state of Delhi, a survey by the National Centre for Promotion of Employment for Disabled People (NCPEDP) found that only 20% of public transport was accessible to persons with disabilities, despite the RPWD Act mandating accessibility in all public transportation.
Limited Access to Health Services:
Health Services: Persons with disabilities often face barriers in accessing health services, such as a lack of trained medical professionals and special medical facilities.
Example: In the state of Bihar, a study by the National Centre for Promotion of Employment for Disabled People (NCPEDP) found that only 10% of medical facilities were accessible to persons with disabilities, despite the RPWD Act mandating accessibility in all medical facilities.
Conclusion:
In conclusion, the RPWD Act is a legal document that aims to protect the rights of persons with disabilities in India, however, without intense sensitization of government functionaries and citizens regarding disability, the act remains a paper tiger. The challenges facing the implementation of the RPWD Act include a lack of awareness and sensitivity among government functionaries and citizens, a lack of implementation by government authorities, and limited access to justice for persons with disabilities. To overcome these challenges, it is important to raise awareness and sensitize government functionaries and citizens about the rights of persons with disabilities, and the provisions of the RPWD Act, in order to ensure the effective implementation of the act.
