Ms.

Rumi Roy
Assistant Professor
VSLLS

3rd April/2020

Unit- IV- Topic D- Marginalised groups: Differently-abled

Time Allotted- 1 hour

Concepts—Lecture Summary
Marginalisation and Differently abled

Disability is a concept which is understood and interpreted by various social thinkers, social
workers and jurists keeping in mind the inherent philosophy of the term in its real sense. Though
the term “disability” carries with it the assumption of a lack or deficiency whether physical,
mental or sensory in respect of some people but there are lots of exemples that sometimes these
people proved themselves as differently abled person by their intellectuality or positive attitudes
and outlook towards life.

Disability is a complex category as it has been and still is understood and interpreted by different
people in very different ways. In almost all societies, individuals with physical or intellectual
anomalies have been assumed to be, by the very nature of their condition, inferior. As the term
disability carries with it the connotation of a lack or deficiency, whether mental, physical or
sensory, it has been defined primarily in terms of medical deficit. However, it has to be
acknowledged that the word disability is itself not a homogeneous category, subsuming under it
different kinds of bodily variations, physical impairments, sensory deficits and mental or
learning inadequacies, which may be either congenital or acquired. Disability has been
recognised as a human rights issue in the international arena, with the United Nations
Declaration on the Rights of the Disabled Persons focusing attention on the needs of disabled
people globally.

As many as 70 million disabled people spread across India continue to be treated as second- class
citizens. For them segregation, marginalisation and discrimination are norms rather than
exception. Faced with barriers put by stereotyped attitudes, they are generally viewed as objects
of charity and welfare as the world merrily goes about trampling their most basic human rights.
Sadly, this is so despite the United Nations Declaration of Human Rights in 1948 that makes
observance of human rights a precondition for ensuring justice, freedom and peace. In 1992,
India became a signatory to the Proclamation on Full Participation and Equality of People with
Disabilities in the Asian and Pacific Region. This was adopted at Beijing at a conference
convened by the Economic and Social Commission for Asian and Pacific Region. The
proclamation brought an obligation upon the country to enact a law as per its solemn
affirmations. And so the Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act of 1995 got through Parliament. Amongst the four domestic legislations
related to disability it is this Act that provides entitlements of rights to persons with disabilities
and mandates the government to provide facilities for their full participation. The provisions
under the Act are all very empowering but unfortunately, even though the Act was passed almost
19 years ago, its implementation remains woefully inadequate. Those responsible for its
implementation and several persons with disabilities often remain unaware of the provisions of
the Act.

Problems and Challenges: An Overview

There are number of obstacles that limit the potential of differently abled. The challenges and
problems create roadblock for differently abled and do not let them progress at a speed which
normal human beings are able to do primarily suffering from bodily hindrances (hearing
handicap, blindness, locomotor disability, and leprosy cured person), mental illness and mental
retardation, sexual problems and hormonal imbalances. They are subjected to number of social
problems such as indifference, ridicule and exclusionary attitude of the society.

With number of environmental barriers (inaccessibility of public and private buildings, colleges
and communication system), institutional barriers (includes expulsion, exclusion and segregation
from key social institutions), attitudinal barriers (treating disabled with prejudice and regard
them as incapable, they are a marginalised group. They also face psychological problems such as
neglect, segregation and regard them as incapable, inadequate, tragic, pathetic and dependent on
charity) negative perceptions and marital problems, howsoever competent a person is, they tend
to find a perfect match with great difficulty. With perceived incompetency in a job, dependency
on the family and other such economic problems they are further differentiated. The mesh of
problems is caused by innumerous biological and environmental factors. Some of them are:
 ➢ Heredity: Disability can be biological, when a person is born, he might suffer from a
disability already. It can be related to physical features of the body or sensory features.
Many studies indicate that the mother’s health during pregnancy can be one of the
reasons. The mother during pregnancy must avoid smoking, substance abuse and
drinking.
➢ Poverty: Poverty and disability influence each other and create new forms of barriers.
People with disabilities are estimated to make to 15 to 20 percent of poor in developing
countries. Inequitable economic conditions, lack of sanitation lead to disability. Poverty
also leads to malnutrition which in turn increases the susceptibility to disabling
conditions and lead to deficiencies such as Vitamin A (causing blindness), Vitamin D
(causing soft and deformed bones) and Iron deficiency.
➢ Occupational hazards: Low standards of safety and hazardous working conditions
often results in high rates of accidents, poisoning from toxins, health deterioration, all of
which contributes to short and long term disability.
➢ Wars and disability: The disasters caused by armed conflicts are immeasurable. War
has been a large fact responsible for causing permanent disablement. Physical and
psychiatric disabilities in war torn countries occur not just due to war injuries but are
caused by diminishing returns.
➢ Crimes and disability: Crimes not only leave people with a sense of insecurity and fear
but also deprive them of life and liberty. There are cases of many children and women
who are abducted and disabled custodial crimes have gained attention.
➢ Traffic hazards: Rapid growth in number of vehicles and reckless driving has been
responsible for increasing number of road accidents which lead to number of disabilities.
The passersby are hit by rash drivers and are left disabled.

Strategies to Overcome the Challenges

Differently abled are marginalised group and there are certain loopholes in different areas of
Government, media and society which need to be plugged out. Society as a whole, government,
Non Government organisation, media need to work collaboratively to provide them with an
effective and a satisfying environment where differently abled can breathe freely, live
independently as a normal able bodied person and live with dignity. Some of the strategies which
can help us achieve this are:
a) Priority should be given to make society environmentally barrier free. The public places,
buildings, roads, footpaths, transport facilities should be designed in a way that they are disabled
friendly.
b) Awareness generating programmes for differently abled so that they are abreast with the
benefits that they can avail. To cover issues related to disability, schemes and provisions for
people with disability should be promoted in media and promote positive attitude towards
differently abled. There is a need for differently abled to be fully aware of their rights, various
acts so that nobody exploits them unnecessarily.
c) More jobs to be created for them in formal and non-formal sectors. Employment opportunities
need to be recognised as per their competent skills they possess and given that particular job.
This will free them from being dependent on their families and make them independent and help
lead a secure life.
d) Priority should be given to poor persons with disabilities in poverty alleviation programmes
and also differently abled women need to be specially taken care of. Poverty is stated as one of
the main causes of disability and needs to be dealt with.
e) Media must play an important role to modify the negative perceptions against differently
abled. Various programmes portraying differently abled as meek, obsolete and dependent people
must be banned. Such programmes should be telecast which serve as an inspiration to these
differently abled people to do better in their lives.
f) Police needs to be extra careful in cases related to crimes against differently abled and need to
take stringent action against the person committing the crime against differently abled. Various
crimes such as exploitation, sexual crimes etc. need to be dealt.
g) Government must increase the disability allowance so that their caretakers do not feel them as
a burden. The allowance should be at least this much that their basic needs are well satisfied.
These strategic steps may help in bringing a radical positive change.
h) Priority must be laid on proper implementation of legislative measures, constitutional
provisions and periodic surveys and research work needs to be done to study the current situation
of differently abled and remove any loopholes present in the legislation.
i) Medical sector needs to be more concerned and efforts should be put to early diagnose, prevent
and treat the disabled people and their family also needs to be careful and concerned about them.
The family should not have an unbothered attitude towards them since this exclusionary attitude
in life further lowers their morale

The Constitution of India and the disabled

The Constitution of India applies uniformly to every legal citizen of India, whether they are
healthy or disabled in any way (physically or mentally). Under the Constitution the disabled have
been guaranteed the following fundamental rights:

➢ Article 15(1) enjoins on the Government not to discriminate against any citizen of India
(including disabled) on the ground of religion, race, caste, sex or place of birth.

➢ Article 15 (2) States that no citizen (including the disabled) shall be subjected to any
disability, liability, restriction or condition on any of the above grounds in the matter of
their access to shops, public restaurants, hotels and places of public entertainment or in
the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly
or partly out of government funds or dedicated to the use of the general public. Women
and children and those belonging to any socially and educationally backward classes or
the Scheduled Castes & Tribes.
➢ No person including the disabled irrespective of his belonging can be treated as an
untouchable. It would be an offence punishable in accordance with law as provided by
Article 17 of the Constitution.
➢ Every person including the disabled has his life and liberty guaranteed under Article 21
of the Constitution.
➢ There can be no traffic in human beings (including the disabled), and beggar and other forms
of forced labour is prohibited and the same is made punishable in accordance with law
(Article 23).
➢ Article 24 prohibits employment of children (including the disabled) below the age of 14
years to work in any factory or mine or to be engaged in any other hazardous
employment.
➢ Article 25 guarantees to every citizen (including the disabled) the right to freedom of religion
➢ Every disabled person can move the Supreme Court of India to enforce his fundamental
rights and the rights to move the Supreme Court is itself guaranteed by Article 32.
➢ Article 45 of the Constitution directs the State to provide free and compulsory education for
all children (including the disabled) until they attain the age of 14 years. No child can be
denied admission into any education institution maintained by the State or receiving aid out
of State funds on the ground of religion, race, caste or language.
➢ Article 47 of the constitution imposes on the Government a primary duty to raise the level of
nutrition and standard of living of its people and make improvements in public health -
particularly to bring about prohibition of the consumption of intoxicating drinks and drugs
which are injurious to one’s health except for medicinal purposes. The health laws of India
have many provisions for the disabled. Some of the Acts which make provision for health of
the citizens including the disabled may be seen in the Mental Health Act, 1987.
➢ Under the Hindu Succession Act, 1956 which applies to Hindus it has been specifically
provided that physical disability or physical deformity would not disentitle a person from
inheriting ancestral property.
➢ In the Indian Succession Act, 1925 which applies in the case of intestate and testamentary
succession, there is no provision which deprives the disabled from inheriting an ancestral
property.

Disabled and the labour laws

The rights of the disabled have not been spelt out so well in the labour legislations but provisions
which cater to the disabled in their relationship with the employer are contained in delegated
legislations such as rules, regulations and standing orders.

Section 80 DD: Section 80 DD provides for a deduction in respect of the expenditure

incurred by an individual or Hindu Undivided Family resident in India on the medical
treatment (including nursing) training and rehabilitation etc. of handicapped dependants. For
officiating the increased cost of such maintenance, the limit of the deduction has been raised
from Rs.12000/- to Rs.20000/-.
Section 80 V: A new section 80V has been introduced to ensure that the parent in whose
hands income of a permanently disabled minor has been clubbed under Section 64, is allowed
to claim a deduction upto Rs.20000/- in terms of Section 80 V.
 Section 88B: This section provides for an additional rebate from the net tax payable by a
resident individual who has attained the age of 65 years. It has been amended to increase the
rebate from 10% to 20% in the cases where the gross total income does not exceed
Rs.75000/- (as against a limit of Rs.50000/- specified earlier)

Judiciary and the disabled

The Indian Judiciary has played a very significant role in developing the human rights of the disabled
persons. In a number of cases the Supreme Court and the High Courts interpreted the disability
legislations furthering the objectives contained therein. The extraordinary powers vested in the
Supreme Court under Articles 32 and 142, and the High Courts under Article 226 of the Constitution
of India, have ensured that the rights of the citizens, and more specifically, that of the disabled
citizens, are not trampled upon. In Javed Abidi v. Union of India1, while directing Indian Airlines to
provide concessions for passengers suffering from locomotors disability, the Supreme Court keeping
in view the object of the persons with disabilities Act, 1995, directed creation of various free
environment for person with disabilities and making special proviso ions for their rehabilitation,
medical care, education, employment, training and protection of their rights.

In D.N. Chanchala v. State2, the Supreme Court advocating the right based approach to disability
extended the equitable principle of preferential treatment under Art 15 (4) to persons with
disabilities to bring them to the mainstream of the society by giving them equal opportunity in
the field of education. The Allahabad High Court in National Federation of Blinds UP Branch v.
Stae of UP3ordered the Lucknow Development Authority not only to give preference in the
matter of allotment of land houses to handicapped persons, but also to provide concessional rates
to them.

Conclusion

1
19991 SCC, 467
2
AIR 1971 SC 1762

3
AIR 2000 All 258
A clear and comprehensive procedural mechanism is to be formulated for the advancement of
disability rights. It is important to realise that human rights of the disabled cannot be fought for and
secured in a vacuum. Inevitably, as mentioned the issue of disability is related to many other social,
economic and political issues including those of chronic poverty, gender inequality, mal-
administration and political victimisation. All these must be removed to make the ‘disability right’ a
reality. There must be active involvement of disabled people in planning and policy making process
relating to their lives and full recognition and enforcement of human rights as well as various other
rights associated with them. The discussion of human rights for the persons with disabilities needs to
be made in a great detail, so that they can avail the benefit out of it. As humans in addition to access
to all basic rights; disabled persons need a safe, secure, convenient, beneficial and accessible
environment which is respectful of their human dignity.