Submitted in Pursuance of Article 35 of the UN Convention on the Rights of Persons With

Poised For Change

First Country Report

Of

INDIA

Submitted in pursuance of Article 35 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD)

Government of India
Ministry of Social Justice & Empowerment
New Delhi

1

Table of Content

Abbreviations

GLOSSARY

Tables

Figures

Boxes

I: Common Core Document

II. Constitutional, Political and Legal Framework

III. Rights Regime

IV. General Framework for the Protection and Promotion of Human Rights

STRUCTURE, METHODOLOGY and TERMINOLOGY

Definition of Person with Disability

II. Definitions

III. General Principles

IV. State Obligations

Findings

Future Plan of Action

Article 5 – Equality and Non-Discrimination

I. Constitutional Mandate of Equality as applicable to Disability Rights

II. Human Rights Conventions and Constitutional Jurisprudence

III.Affirmative Action Measures

IV. Equality and Non Discrimination in the Extant Disability Legislation

V.Barriers to Non Discrimination

Findings

Future Plan of Action

Article 6-Women with Disabilities

I. Constitutional Provisions

II.The Status of Women with Disabilities in India: A Demographic Profile

III. Policies Plans and Laws for Women with Disabilities

Findings

Future Plan of Action

Article 7 Children with Disabilities

I.Constitutional Recognition to Rights of Children

II.Ratification of CRC and Evolving Capacity of Child

III. Principles Informing Child Rights Policy

IV.PWDA Provisions

V.Enactments for Care and Protection of Children

VI.Monitoring of Child Rights

VII.Induction of Children with Disabilities in Child Protection Schemes and Programmes

VIII. Equality of Treatment in Schemes and Programmes

Findings

Future Plan of Action

Article 8 Awareness Raising

I.Statutory obligations under the PWDA and NTA

II.Campaigns

IV.Awareness Raising Programmes

IV.Event and Celebrations

IV.Awards

Findings

Future Plan of Action

Article 9 – Accessibility

I.Constitutional and Legislative Recognition of Accessibility

II.Ensuring Accessibility of Physical Environment

III.Other Administrative Initiatives

IV. Web Accessibility

V.Judicial Interventions for Accessibility

Findings

Future Plan of Action

I.Constitutional Provisions

II.Right to Life and Pre-Convention Disability Related Laws

III.Adjudication on the Right to Life for Persons with Disabilities

Findings

Future Plan of Action

I.Legal and Institutional Mechanism on Disaster Management in India

II.Policies and Schemes on Disaster Management in India

III. Policy Implementation Strategy – Operationalizing the Norm

IV. Non Governmental Initiatives

Findings

Future Plan of Action

Article 12 - Equal Recognition before the Law

I.Legal Capacity and the Indian Constitution

II.Legislations on Legal Capacity

III.Reforming Existing Legislations

IV.Duty to Provide Support

Findings

Future Plan of Action

Article 13 - Access to Justice

I.Constitutional Guarantees on Access to Justice

II. Effective Access to Justice

III.Sensitization Courses in Judicial Academies

IV. Procedural Accommodation in Legal Process

V. Grievance Redress in Other than Courts

Findings

Future Plan of Action

Article 14 – Liberty and Security of Person

I.Liberty under the Constitution

II.Adjudication on the Right to Liberty

III.Statutory Amendments in advancement of the Right to Liberty

IV.Legislative Reform Proposals

Findings

Future Plan of Action

Article 15 - Freedom From torture or cruel, inhuman or degrading treatment or punishment

I. Constitutional Jurisprudence on Freedom from Torture or cruel, inhuman or degrading treatment or punishment

II. Statutory Provisions

III. Adjudication surrounding cruel, inhuman or degrading treatment or punishment

The Supreme Court continues to monitor the situation.

Findings

Future Plan of Action

Article 16 – Freedom from Exploitation, Violence and Abuse

I. Constitutional Jurisprudence

II. Statutory Provisions

III. Studies investigating Abuse

Findings

Future Plan of Action

Article 17 - Protecting the integrity of the person

I. Constitutional Recognition of the Right to Integrity

II. Statutory Recognition of the Principle of Consent

III. Distinguishing the Case of Intellectual Disability

IV. Question of Force in the law Reform Process

Findings

Future Plan of Action

Article 18 - Liberty of Movement and Nationality

I. Constitutional Provisions relating to Liberty of Movement and Nationality

II.Statutory Provisions and Rules for Issuance of a Passport

III.Legal Provisions in relation to entry and stay in country

Findings

Future Plan of Action

Article 19 – Living Independently and Being Included in the Community

I. Constitutional Jurisprudence

II. Law and Policy Initiatives for Community Living

III. Law Reform Initiatives

Findings

Future Plan of Action

Article 20 – Personal Mobility

I. Constitutional Jurisprudence and Legal Provisions

II. Facilitating Personal Mobility

III.Facilitating access to quality mobility aids, devices, assistive technologies and forms of live assistance at affordable cost

IV. Encouraging entities that produce mobility aids, devices and assistive technologies for persons with disabilities.

Findings

Future Plan of Action

Article 21 – Freedom of Expression and Opinion and Access to Information

I. Constitutional Jurisprudence

Findings

Future Plan of Action

Article 22 – Respect for Privacy

I.Constitutional regime

II.Statutory Framework

Findings

Future Plan of Action

Article 23 – Respect for Home and the Family

I.Constitutional Mandate on the Right to Marry

II.Statutory Provisions for Marriage and Divorce

III.Marriage Schemes and Initiatives

IV.Family Planning Education & Reproductive Rights

V.Adoption & Custody of Children

VI.Adoption Schemes and Programmes

Findings

Future Plan of Action

Article 24- Education

I.Evolving Philosophy on Education of Children with Disabilities

II. Elementary Education

III. Secondary Education

IV. Higher Education

Reservation of seats under PWDA

V. Learning with Special Modes

Findings

Future Plan of Action

Article 25 - Health

I.Constitutional Provisions, Law And Policies

II. Affordable Health

III. Early Identification and Intervention

IV.Insurance

V.Informed Consent

Findings

Future Plan of Action

Article 26 – Habilitation and Rehabilitation

I.Law and Policy

II.Institution based habilitation and rehabilitation

III.Community Based Rehabilitation(CBR)

Findings

Future Plan of Action

Article 27– Work and Employment

I. Equality of Opportunity in Work and Employment

II. Safeguarding Right to Work and Employment

III. Law and Programmes for Employment

IV.The National Abilympics Association of India

V.Strategizing on Employment

Findings

Future Plan of Action

Article 28 – Adequate Standard of Living and Social Protection

I.Constitutional Provisions

II.Right to Housing

III.Right to Clean Water

IV.Right to Improvement of Living Conditions

V. Right to Food

VI.Right to Social Protection

Findings

Future Plan of Action

Article 29 – Participation in Political and Public Life

I.Constitutional Provisions on Political Representation

II.Statutory Provisions Electoral Rights

Findings

Future Plan of Action

Article 30 - Participation in Cultural Life, Recreation, Leisure and Sports

I.Constitutional Mandate

III.Participation in Cultural Life

IV.Barriers in terms of Intellectual Property Rights

Findings

Future Plan of Action

ARTICLE 31 – Statistics and Data Collection

I.Significance of Statistics

II.The disability question in the Census

III. Dissemination of Information

Findings

Future Plan of Action

Article 32 - International Co-operation

I.Constitutional Jurisprudence

II.Agreements on International Collaboration

III. Capacity Building Initiatives

Findings

Future Plan of Action

Article 33 – National Implementation and Monitoring

I.Focal Points and Coordination Mechanisms

II. Monitoring and Implementation Mechanism

Findings

Future Plan of Action

I.Stocktaking

Some Progress in All Rights

Greater Progress in PWDA linked Rights

Collaboration Key to Success

Federalism prompted Experimenting Opportunities

Effectiveness of Subordinate Legislation

Public Interest Actions

Vibrant Disability Advocacy

II.Blueprinting

Necessity of Documentation

Importance of Subordinate Legislation

Non Adversarial Responses to PIL’s

Necessity of Centre-State Collaboration and Public-Private Partnership

Wide dissemination of best practices

Disability discourse not to be confined to disability sector

Abbreviations

AAI / Airport Authority of India
ALIMCO / Artificial Limbs Manufacturing Corporation
ARWSP / Accelerated Rural Water Supply Programme
AABY / Aam Admi Bima Yojana
AYJNIHH / Ali Yavar Jung National Institute for the Hearing Handicapped
ARUNIM / Association of Rehabilitation under National Trust initiative of Marketing
ACBI / Association for Cricket for Blind in India
AIR / All India Radio
BPL / Below Poverty Line
CBR / Community Based Rehabilitation
CRCs / Composite Regional Centre
CGC / Care Giver Cell
CRR / Central Rehabilitation Register
CBS / Centre Based Scheme
CRPD / Convention on the Rights of Persons with Disabilities
CRR / Central Rehabilitation Register
CWSN / Children with Special Needs
CABE / Central Advisory Board of Education
CRC / Convention of the Rights of Child
DD / Door Darshan
DTF / Disaster Task Forces
DPOs / Disabled People Organizations
DDRCs / District Disability Rehabilitation Centre
EPFO / Employees Provident Fund Organization
ESIC / Employee State Insurance Corporation
ESI / Employees State Insurance
HEPSN / Higher Education for Persons with Special Needs
IPR / Intellectual Property Rights
INGOs / International Non-governmental organizations
IAY / Indira Awaas Yojana
ISSHUP / Interest Subsidy Scheme for Housing the Urban Poor
IGNWPS / Indira Gandhi National Widow Pension Scheme
IGNDPS / Indira Gandhi National Disability Scheme
ISOP / Integrated Scheme for Old Persons
ICDS / Integrated Child Development scheme
IECYD / Inclusion in Education of Children and Youth with Disabilities
IEDC / Integrated Education of the Disabled Children
IEDSS / Inclusive Education for the Disabled at Secondary Stage
ISSHUP / Interest Subsidy Scheme for Housing the Urban Poor
IOA
ISLRTC / Indian Olympic Association
Indian Sign Language Research and Training Institute
ICF / International Classification of Functioning
JNNURM / Jawaharlal Nehru National Urban Renewal Mission
JSY / Janany Surakhsya Yojana
JSS / Jan ShikshanSansthans
KGB / Kasturba Gandhi BalikaVidyalayas
MES / Modular Employable Skill
MSK / MahilaShikshanKendras
MS / MahilaSamakhya
MHA / Mental Health Act
MoHA / Ministry of Home Affairs
MHRD / Ministry of Human Resource Development
MoSJE / Ministry of Social Justice and Empowerment
MEPMA / Mission for Elimination of Poverty in Municipal Areas
NTA / National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act
NCPEDP / National Centre for the Promotion of Employment of Disabled People
RLM / National Rural Livelihood Mission
NLM / National Literacy Mission
NHRC / National Human Rights Commission
NGO / Non-governmental organizations
NMDFC / National Minorities Development and Finance Corporation (NMDFC)
NDMA / National Disaster Management Authority
NDRF / National Disaster Response Force
NIDM / National Institute of Disaster Management
NOAPS / National Old Age Pension Scheme
NDWM / National Drinking Water Mission
NSAP / National Social Assistance Programme
NFBS / National Family Benefit Scheme
NPOP / National Policy on Old Persons
NRHM / National Rural Health Mission
NPCB / National Programme for the Control of Blindness
NMHP / National Mental Health Programme
NUHM / National Urban Health Mission
NSSK / Navjaat Shishu Suraksha Karyakram
NIVH / National Institute for the Visually Handicapped
NIOH / National Institute for the Orthopedically Handicapped
NIMH / National Institute for the Mentally Handicapped
NIEPMD / National Institute for Empowerment of Persons with Multiple Disabilities.
NPFAI / National Playing Fields Association of India
NPE / National Policy on Education
NMMS / National Means-cum-Merit Scholarship
NPEGEL / National Programme for Education of Girls at Elementary Level
NMMS / National Means cum Merit Scholarship Scheme
NUHM / National Urban Health Mission
NYKS / Nehru Yuva Kendra Scheme
NPFAI / National Playing Fields Association of India (NPFAI)
NDP / National Disability Policy
NALSA / National Legal Services Authority
NREGA / National Rural Employment Guarantee Act
NPEPwD / National Programme for Employment of Person with Disabilities
PMGSY / Prime Minister Gram Sadak Yojana
PPP / Public Private Partnership
PWDA / Persons with Disabilities Act
PDUIPH / Pandit Deendayal Upadhayaya Institute for the Physically Handicapped
PYKKA / Panchayat Yuva Krida Aur Khel Abhiyan
RTEA / Right of Children to Free and Compulsory Education Act
RGSKY / Rajiv Gandhi Shramik Kalyan Yojana
RSBY / Rashtriya Swasthaya Bima Yojana
RPDB / Rights of Persons with Disabilities Bill
RMSA / Rashtriya Madhyamik Shiksha Abhiyan
RCI / Rehabilitation Council of India Act of 1992
SDMA / State Disaster Management Authority
SDRF / State Disaster Response Force
SHRC / State Human Rights Commission
SCs / Scheduled Castes
STs / Scheduled Tribes
SVNIRTAR / Swamy Vivekananda National Institute for the Rehabilitation and Training
SSA / Sarva Shiksha Abhiyan
SDI / Skill Development Initiative
TSC / Total Sanitation Campaign
UEE / Universal Education Programme
UNDP / United Nations Development Programme
UEP / Universal Education programme
UGC / University Grants Commission
VAAY / Valmiki Ambedkar Awas Yojana
WBCC / World Blind Cricket Council
WCA / Workmen’s Compensation Act

GLOSSARY

Anganwadi Worker / Community based worker
Badte Kadam / Marching ahead
Beedi / A thin often flavoured indian cigarette made of tobacco wrapped in tendu leaf
Gram sabha / Local self-government at village or small town level
Mandal / Association
Mela / Fair
Panchayat / Local government
Panchayat raj / It is a system of governance in which gram panchayats are the basic units of administration. It has three levels village, block and district
Parishad / Council/assembly
Parivaar / Family
Rashtriya Swasthaya Bhima Yojana / National health insurance policy
Rashtriya Madhyamik Shiksha Abhiyan / Universalization of secondary education
Sabha / Assembly
Sambhav / Making Inclusion Possible
Shishu Grah / Crèche
Sarva Shiksha Abhiyaan / Education for All
Samiti / Committee
Uddhar / Rehabilitation
Viklang / Disabled
Zilla / District

Tables

1.1Definitions of persons with disabilities

4.1Broad Provisions for Persons with Disabilities Act, 1995

6.1Initiatives by the Central Government

13.1Grievance redress by CCPD’s office

13.2Statement showing petitions before Andhra Pradesh SHRC

15.1Report by States on cruel and unusual treatment

20.1Amount of assistance on the base of total income under ADIP

24.1Secondary education schemes and programmes in India

24.2Courses offered by IGNOU

25.1Schemes for Prevention of Disability

26.1Schemes/Programmes for economic rehabilitation of war disabled

27.1Schemes and Programmes for employment among rural and urban poor

28.1Components of NSAP

28.2Insurance schemes for the unorganized sector

30.1Assistance to NSF

Figures

A 1Size of Population

A 2Sex Ratio

A3Percentage of literates

1.1State wise distribution of population of persons with disabilities

1.2Area wise distribution of population of persons with disabilities

1.3Types of disabilities at all India level

16.1Sexual abuse, Physical abuse

24.1Different levels of literacy

25.1Health expenditure in India

27.1Percentage of workers and non-workers

27.2No. of persons registered in NREGA

27.3No. of persons with disability worked in NREGA

31.1Census 2001 vs NSSO, 2002

Boxes

8.1I am special and so are You

9.1Sambhav

11.1Initiation of survey in Jammu and Kashmir

20.1Jaipur Foot

21.1Promoting sign language

24.1Daycare Centres

24.3Vocational education through Polytechnics

24.4Dedicated satellite channel on disability

24.5Sense International India

25.3Creating awareness on reproductive health

27.1 Call Centre for Persons with Disabilities

27.2 AYJNIHH Initiative

27.3 Hiring of hearing impaired by Mirakle Couriers

27.4 ITC accessible

27.5 Inclusive Call Centre

28.1Emergency feeding programme in Odisha

30.1Professional dance theatre

30.2Journey without barriers

30.3Goa Tourism

30.4Blind cricket

30.5National Sports meet for the Blind

30.6ISBA World Championships

31.1Disability questions in Census 2011

I: Common Core Document

I. Demographic and Economic Profile of the Country

A.1 India is the seventh largest country in the world covering an area of 3.3 million sq. km. It is the second most populous country; the largest democracy in the world and a rapidly growing economy. With 2.4 per cent of the world surface area, she supports and sustains 16.7 per cent of the world population.

A.2 India is often described as an old civilization but a young country.As the country enters its 65thyear of independent existence the description of youth may not seem too apposite. It can now be termed young by reason of the fact that 50% of its billion plus population consists of persons below 25 years of age and 65% of the population is below 35 years.

A.3 The 2011 census estimates the population of the country to be 1.21 billion. Of this, the total male population is 623.7 million and female population is 586.5 millions.The density of population is 382 persons per sq. km.

Figure A1 provides information on the increase in population from 2001 to 2011 census in terms of total persons and male and female members. The Population of India has increased from 2001 to 2011. There was an absolute increase of 180 million. The growth rate of population is 1.5%, thereby increasing absolute population from 1,028 millions persons to 1,210 millions. The growth rate of Male population and Female population is equal. Percentage of Male population is more than Female population in both 2001 and 2011 census.

A.4 The sex ratio is 914 females per 1000 males; about 72.2% of the population lives in some 640,867 villages and the remaining 27.8% in about 5,480 towns and urban agglomerations.

Figure A2 depicts that the sex ratio in the country decreased from 2001 to 2011. Female ratio showed a slight increase between these years. In the year 2001, for every 1000 males there were 933 females and this increased to 940 females in the year 2011. In rural areas, there was no change in the female ratio but in urban areas, it increased from 900 females to 926 females for every 1000 males.

A.5 The absolute number of literates improved from 560.69 million in 2001 Census to 778.45 million in Census, 2011. Thus, literacy rate in the country has improved from 64.84% in 2001 to 74.04% in 2011. There is a gender divide in the literacy rate, with a greater percentage of male over female literates. Even so, a closing in of this gap has started to happen. Thus the gap of 21.59 per cent in 2001 has been reduced to 16.68 per cent in 2011.Figure A3 presents the changes which have happened in the general literacy rate as also in the male and female literacy from 2001 to 2011.

A.6India has an inclusive, open, multicultural, multi-ethnic, multi-lingual society which makes for unparalleled pluralism. Even as more than 1650 dialects are spoken across the country; the Indian Constitution has designated 22 official languages in the VIII Schedule. Linguistic plurality is joined with religious diversity. India is home to almost all religions of the world which are entitled to equal respect in view of secularism being a basic feature of the Indian Constitution. Under Article 25 of the Constitution “all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate their religion”. Article 30 of the constitution recognizes that “ any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same”.