Regional Workshop on Monitoring the Implementation of the Biwako Millennium Framework for Action towards an Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities in Asia and the Pacific (BMF)
Bangkok, Thailand, 13-15 October 2004

COUNTRY PAPER : INDIA

Regional Workshop
Monitoring the Implementation of the Biwako Millennium Framework for Action towards an Inclusive, Barrier-free and Right-based Society for Persons with Disabilities in Asia and the Pacific
13-15 October 2004, Bangkok, Thailand

by Aloka Guha

I(a). INTRODUCTION

India is a large country with a population of over one billion people spread over 3.28 m sq. km. in a federal structure of 28 States and 6 Union Territories with 32 languages and numerous dialects. It is a multi-cultural, multi-racial and multi-religion society which by definition, is more indicative of integration than of segregation. Predictably there is enormous diversity in urban, semi urban and rural situations which contribute to a wide spectrum of region-specific and culture-specific differences. Overall, however, the fabric that is India, is strong and well-knit.

In the traditional agrarian joint family system of India, persons with disabilities were spontaneously included. Urbanization and industrialization, with the resultant modernization of families, have posed new challenges.

In the last Decade of the Disabled, the Government of India has become increasingly concerned about the needs and rights of persons with disabilities and issues that concern their participation in mainstream civil society.

A multi-pronged strategy which includes, inter alia, inter-ministerial and intra-ministerial coordination at Central, State and District levels, has resulted in qualitative and quantitative changes in the lives of persons with disabilities. Their participation in decisions which directly affect their lives has increased substantially. With the help of the media, strategic showcasing of abilities of persons with disabilities is effecting more positive attitudinal changes in the general public. This and other proactive measures are leading to the gradual breaking down of physical, institutional and informational barriers. In some initiatives, the Government of India is playing a direct implementing role and in others, a facilitative and catalytic one. The underlying effort throughout is to break the intergenerational cycle of poverty, disability, segregation, powerlessness and charity that leads to the denial and prevention of participation, respect and opportunities for persons with disabilities and their families.

India has developed a very effective structure for follow up on critical issues relating to persons with disabilities. This is supported by legislation as well as policies related to different areas of government’s functioning that impact this sector. India has enacted three comprehensive pieces of legislation to protect the interests of and provide for equal opportunities for persons with disabilities.

I(b) Disability Data

• India has just published the statistics from two different data-enumeration sources. One is from the Census of India 2001, which gives the figure of 21.5 million persons with disabilities. The second source is the National Sample Survey Organization of India (both sources are governmental) which gives the figure of 18.5 million persons with disability in India. The total population of India is over 1 billion, therefore, the percentage of disability is between 1.85% and 2.15%

II(a). Landmark Legislations in India

II(b). Under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the Central Coordination Committee (CCC) has been set up with the Cabinet Minister of the Government of India (GOI) as the Chairman. This Committee reviews and coordinates the activities of all Departments of Government and other governmental and non-governmental organizations which are dealing with matters relating to persons with disabilities. It also advises the Central Government on the formulation of policies, programmes, legislation and projects with respect to disability. Besides, it monitors and evaluates the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities. The Committee meets twice a year.

II(c). The Ministry of Social Justice & Empowerment, Govt. of India is accountable to Parliament for implementation of the PWD Act, RCI Act and National Trust Act. The 28 States have all adopted the PWD Act and the State Governments in turn are accountable to the State Legislatures.

III(a). INSTITUTIONAL SUPPORT FOR THE PERSONS WITH DISABILITIES

The Government of India, Ministry of Social Justice & Empowerment, has a disability Division which includes and supports 6 National Institutes, 11 District Rehabilitation Centres, 4 Regional Training Centres, 107 District Disability Rehabilitation Centres, 5 Composite Regional Rehabilitation Centres, approximately 1000 NGOs and 3 autonomous bodies which are the Rehabilitation Council of India, National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, and the National Handicapped Finance & Development Corporation.

III(b). SCHEMES / PROGRAMMES IMPLEMENTED BY THE MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT, GOVERNMENT OF INDIA IN THE DISABILITIES SECTOR.

• The six National Institutes are apex bodies in mental retardation, visual disability, hearing handicap, physical handicap, orthopedic handicap and rural rehabilitation. They are operating training courses, service delivery programmes, research and development of books and other materials.
• Artificial Limbs Manufacturing Corporation (ALIMCO): A corporation that manufactures quality aids and appliances for the disabled at reasonable prices.
• National Handicapped Finance & Development Corporation (NHFDC) provides loans to persons with disability for setting up small businesses in service or trading sector, small industrial units, manufacturing/ production unit of assistive devices for disabled persons and also for agricultural activities, higher studies/ professional training etc. Under a micro financing scheme loans are given to non governmental organizations for further disbursement to individual beneficiaries or through Self-Help Groups (SHGs) for starting or augmenting income generation activities.
• Five Composite Regional Centres (CRCs) for persons with disabilities and four Regional Rehabilitation Centres (RRCs) for Spinal Injured have been set up in different parts of the Country. The CRCs aim at providing composite rehabilitation services, creating infrastructure for manpower development and generating awareness. The Regional Spinal Injuries Centres aim at providing comprehensive management and rehabilitation of spinal injured. Eleven District Rehabilitation Centres (DRCs) have been set up during 1985 to provide comprehensive rehabilitation services to the rural disabled at their door-steps and four Regional Rehabilitation Training Centres (RRTCs) have also been set up for training and manpower development in the field of rehabilitation. Government of India provides funds for meeting recurring and non-recurring expenditure of these Centres.
• The Rehabilitation Council of India (RCI) set up in 1993 is responsible for regulating/ standardizing training policies and programmes for various categories of professionals in the area of disability.It also maintains a Central Rehabilitation Register (CRR) for all professionals/personnel. The Council also promotes research in rehabilitation and special education.
• Science and Technology Project in Mission Mode provides funding for developing appropriate and innovative technological appliances for the benefit of the disabled persons.
• The National Trust set up under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 with the objective of enabling and empowering persons with disability to live as independently and as fully as possible within or close to the community where they belong and to strengthen facilities to provide support to persons with disabilities to live within their own families. The Trust also extends support to registered organizations to provide need based services during periods of crisis in the family of the person with the disability and also promotes measures for the care and protection of these persons in the event of death of their parents or guardians. Government of India has provided Rs.100 crore towards the corpus fund of the National Trust.
• A scheme for launching of an awareness campaign on prevention of occurrence of disabilities and rehabilitation of persons with disabilities in selected districts is being implemented through grant-in-aid assistance from the Ministry.
• The Scheme of Employment of the Handicapped aims to help the persons with disabilities in getting gainful employment either through 41 Special Cells in regular Employment Exchanges or 40 Special Employment Exchanges for the persons with disabilities.

III(d) PROGRAMMES SUPPORTED BY GOVERNMENT OF INDIA FOR IMPLEMENTING PROGRAMMES IN COLLABORATION WITH CIVIL SOCIETY

• The Ministry of Social Justice & Empowerment implements a Scheme of Assistance to Disabled Persons for Purchase/ Fitting of Aids and Appliances. The objective of the scheme is to assist the needy disabled persons in procuring standard aids and appliances that can promote their physical and social rehabilitation and enhance their economic potential. The scheme is implemented through implementing agencies like voluntary organizations, National Institutes under the Ministry, ALIMCO and other NGOs.
• The Scheme for Promotion of Voluntary Action for persons with disabilities of the Ministry facilitates delivery of rehabilitation services to persons with disabilities by voluntary organizations through providing financial assistance and technical and administrative support to promote vocational and professional opportunities, income generation as well as employment and placement opportunities. The voluntary organizations funded by the Ministry are also running rehabilitation centers for leprosy-cured persons, for human resource development in the field of mental retardation and cerebral palsy and the establishment and development of special schools for the major areas of orthopaedic, speech and hearing, visual and intellectual disability. Under this Scheme, the Ministry supports both recurring and non-recurring expenditure. More than 350 special schools and 140 vocational training centers are being supported under this scheme, besides the centers for leprosy cured persons and for early identification of disabilities. During 2001-2002, 644 NGOs and Institutions have been assisted under this Scheme.

IV. Available Mechanisms for Persons with Disabilities

V. Specific Activities Undertaken

Government of India and NGOs in partnership have organized 3 national level workshops in Delhi, Kolkata, and Mumbai on the Biwako Millennium Framework for Action.

V(a). Self Help Groups

• Separate Federations of the Blind, the Deaf, the Physically Handicapped
• Disabled Rights Group – cross disability group
• Parents Associations of persons with Mental Retardation, Autism, Cerebral Palsy, and Multiple Disabilities, a federated national level body with branches across the country.
• In the southern States of India, more than 50,000 Self Help Groups with .04 million disabled persons are organized into micro-credit groups.
• In the State of Tamil Nadu, persons with disabilities are members of mainstream Self Help Groups
• In the Ministry of Rural Development, over Rs.20 crores ( Rs.200 million) are routed to disabled persons because of 3% reservation in their poverty alleviation programmes. This is done through Self Help Groups only.

V(b). Women with Disabilities

• In some States, women with disabilities are being mainstreamed into Women’s Self Help Groups for micro credit financing.
• Mothers of children with disabilities are being included in mainstream Women’s Development Corporation activities.
• Girls and women with disabilities currently have a 1:2 ratio with boys and men in access to rehabilitation. Efforts are on to correct this.

Early Detection, Early Intervention, and Training in Rehabilitation

• 18,422 - Doctors trained in early detection and early intervention
• 12,000 - Hitherto untrained personnel given Rehabilitation Training
• 25,000 - Rehabilitation professionals qualified and registered by RCI
• 5,600 - Graduate and Post-graduate professionals in rehabilitation
• 1,500 - B.Ed (Rehabilitation) graduates every year
• 220 - Batches of rehabilitation training per year
• 183 - Institutions offering training courses in rehabilitation
• 6,000 - General Teachers in Foundation Courses
• 16,32,228 - Children with disabilities identified through Sarva Shiksha Abhyan
• 11,30,854 - Children with disabilities enrolled in primary schools
• 1,91,113 - Aids and appliances given through regular schools
• 11,91,856 - Short-term teacher training in inclusive education
• 3% - Reservation in educational institutions
• 500 - Numbers of Scholarships available

V(d) Training & Employment

• 12,941 - Persons given loans for self employment through National Handicapped Finance & Development Corporation.
• Rs.5,806.26 lakhs Total money disbursed as loans to persons with disabilities
• 3% - Reservation in Government jobs for persons with physical, hearing and visual impairments.
• 1,900 - Jobs identified in the Government sector
• 1,075 - Jobs identified in the private sector
• Over 40,000 - Persons with disabilities in Government jobs
• 40 - Special Employment Exchanges/Cells established
• 11,400 - Persons with disabilities placed through these Exchanges/Cells

V(e). Access to built environment and public transport

• Model Building Bye Laws prepared and circulated by Ministry of Urban Development, Government of India.

• A Grade Railway Stations, Central and State Government buildings, Airports, and some public buildings are made barrier-free.

• Visual, audio and tactile signs are being installed progressively.

• Some city buses are accessible.

V(f). Preferential allotment of land under Section 43 of the Disability Act.

• Land is available preferentially at concessional rates.

• Land/houses are available through a scheme of Ministry of Rural Development (Indira Awas Yojana) for disabled persons from families who are below the poverty line.

V(g) Technologies

• Government of India set up an Artificial Limb Manufacturing Corporation of India (ALIMCO) in 1976 with a current sales figure of Rs.4160 lakhs per year.

• All the six National Institutes produce state of the art rehabilitation devices, orthoses , prosthesis, wheelchairs, etc. as well as other aids and appliances which improve independence, mobility and communication of persons with disabilities. This includes computer software and hardware. Many leading NGOs are also engaged in the development and production of assistive devices and teaching materials which constantly seek to improve the quality of life of persons in both urban and rural settings.

• The Ministry of Social Justice & Empowerment, Government of India, encourages research and development through a Science & Technology Mission which promotes innovative devices, studies and ideas. These are researched and then made available for production and dissemination.

V(h) Poverty Alleviation and Social Security

• As mentioned earlier, all poverty alleviation programmes of the Government of India, especially those in the Ministry of Rural Development and that of the Ministry of Urban Development have a 3% allocation of funds for persons with disabilities. Under the Rural Development Ministry alone, 25,000 persons with disabilities intersecting with poverty, have been assisted.

• Most State Governments provide free bus passes, unemployment allowances, maintenance allowance and disability pensions to persons with disabilities.

• In selected districts, legal guardians of persons with disabilities are provided a monthly assistance of Rs.500 each.

V(i) Rural Rehabilitation

• The Government of India has 107 District Disability Rehabilitation Centres. 11 District Rehabilitation Centres, 4 Regional Training Centres and 5 Composite Rehabilitation Centres.

• An ambitious programme, NPRPD (National Programme for Rehabilitation of Persons with disabilities) has been launched with State-Central partnership with the purpose of reaching persons with disabilities in rural and remote areas through training and employment of community based multi-purpose rehabilitation workers.

• Out of the 580 districts in the country, 431 districts have Local Level Committees for the purpose of issuing Legal Guardianship to those disabled persons who are in need of it.

V(j) NGO Partnership

• The Government of India directly (through its own programmes and through autonomous bodies) assists about 1000 NGOs from all States and Union Territories in India. These grants are for special schools, respite and residential centres, early intervention, vocational training and community based rehabilitation activities. These NGOs include organizations of persons with disabilities, and/or Parents Associations.

• In 20 States, one NGO each has been given the status of a State Nodal Agency Centre by the National Trust.

V(k) Consultation with persons with disabilities

• Increasingly, persons with disabilities and their families are being included in every consultation that is related to planning, implementation, evaluation and monitoring of schemes, programmes, policies of the State and Central Governments.

• Persons with disabilities are represented in State and Central Coordination Committees and State and Central Executive Committees in every State.

• The 431 District Local Level Committees mentioned in V(i) statutorily have one disabled person as a member of a 3 member Committee.

V(l) National Awards

• His Excellency The President of India gives away National Awards for excellence in the field of disability, on the 3^rd of December each year. About 50 Awardees are honoured every year for service-delivery, as role-models, for innovations, placement, creativity, barrier-free environment, and for the best district level work in this field.

V(m) Convergence

• The Government of India, Ministry of Social Justice & Empowerment, networks closely in creating multi-sectoral linkages with the following Ministries:

VI Monitoring Mechanism

• At the Central level, the overall performance is monitored by a Secretary to the Government of India, in the Ministry of Social Justice & Empowerment.

• The Ministry is headed by a Cabinet Minister.

• At the State level too, the Departments of Disability are headed by a Minister, and administratively monitored by a State Secretary.

• The Ministry is increasingly outsourcing the evaluation of its projects to private professional organizations.

VII Rights Issues

• Under the Persons with Disabilities Act, the Government of India has a Chief Commissioner, and each State has a State Commissioner who is involved in the redressal of grievances, realization of rights, and protection against discrimination..

VIII CONCLUSION

The Government of India has taken cognizance of the changing profile of disabilities in the new millennium; preventive measures undertaken in the last two decades have brought about drastic reduction in disability on account of poliomyelitis, blindness and leprosy. Understanding of more recently identified disabilities like Autism and Multiple Disabilities have presented specific challenges which the Government of India has responded to with alacrity.

In particular, the Government of India has consciously undertaken a paradigm shift in its policy and action on behalf of persons with disability. The movement from charity to empowerment is explicitly manifested in the changes in nomenclature from the “Ministry of Welfare” to “Ministry of Social Justice & Empowerment” and from “Handicapped Welfare Division” to “Disability Division”.

The Government of India is a key player in the elaboration of the proposed UN treaty on Disability which is currently under negotiation by States Parties at the U.N.

In the process of realizing the objectives of the three legislations of the nineties, the Government of India has sought to generate pervasive social change which permeates every aspect of community life, so that persons with disability can live within their own communities, and their own families, and do so with dignity, equality and social justice. The process of empowerment and enablement of persons with disabilities has well and truly begun in this last Decade of the Disabled, and the momentum will be sustained through the next. In this new millennium, there is renewed commitment of the Government of India to realization of the rights of persons with disabilities.

The Government of India is fully committed to creating a rights-based inclusive and barrier free society for all persons with disabilities, without discrimination based on gender, age, economic status or severity levels.

Thank you,
Aloka Guha

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