Political manifesto disability rights

​Political space for disability rights, a sliver of hope

The promises made in manifestos of the Congress and the CPI(M) on disability rights spell hope that India could be ready to shift the Overton window on the issue

इस आर्टिकल में हम देखेंगे : 

• चुनावी घोषणा पत्र और विकलांगों के लिए स्कीम 
• Demand from long time - और अभी तक क्या क्या प्रयास किए गये 
  
• आर्टिकल15 और सेक्शन 3 
• सुप्रीम कोर्ट का जजमेंट और प्रयास
  
• 
  
• घोषणा पत्र किस बात का संकेत करता है ?
  
• किसने आवाज उठाई 

चुनावी घोषणा पत्र और विकलांगों के लिए स्कीम 

1 The release of manifestos during election season rarely occasions a discussion on the rights of persons with disabilities

 

2 promise of the Congress and CPI(M) to include disability as a specific ground for discrimination under Article 15 (and Article 16) of the Constitution has sparked optimism within the disability rights movement. 

3 Currently, the provision prohibits discrimination on grounds of “religion, race, caste, sex, place of birth, or any of them” and does not expressly include disability.

Amendment as demand

Demand from long time - और अभी तक क्या क्या प्रयास किए गये 

1 In 2019, this demand was reaffirmed by the UN Committee on the Rights of Persons with Disabilities in its concluding observations while reviewing India’s compliance with the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

 2 To this date, no steps have been taken in this direction.

3 Ever since the Constituent Assembly debates

 the discourse on disability rights within the constitutional scheme has continued to overlook अनदेखी  the concerns of the disability rights movement. 

4  The adoption of the UNCRPD in 2006 

marked a significant step, recognising that persons with disabilities are entitled to enjoy their rights “on an equal basis with others”. 

5 India ratified the Convention in 2007 and enacted the Rights of Persons with Disabilities Act in 2016.

 no amendment to Article 15 in response to the ratification, Section 3 of the Act 

1 provided that no person with disabilities shall be discriminated against on grounds of disability..

3 This will provide a stronger remedy in the form of a fundamental right against discriminatory acts and omissions.

4 Article 15 prohibits discrimination based on certain grounds

We have  relationship between individuals and the state by guaranteeing everyone fundamental rights against the state, 

and the relationship among individuals by guaranteeing equality and the right against non-discrimination.

सुप्रीम कोर्ट का जजमेंट और प्रयास 

In 2018, the Supreme Court in Navtej Singh Johar vs Union of India 

1 extended the protection of Article 15 on grounds of ‘sexual orientation’ after recognising the same as ‘analogous’  समरूप to the other grounds mentioned under Article 15. 

2 This decision opened the possibility that the judiciary may extend the same protection on grounds of disability by treating it as analogous grounds.

3 While treating disability as an analogous ground may extend the protection of Article 15 to persons with disabilities, it cannot be considered an alternative to a constitutional amendment that specifically includes disability as a ground under Article 15.

4 The analogous grounds approach poses a burden on the litigator 

to have the same recognised through the process of constitutional litigation and ignores the systemic marginalisation faced by persons with disabilities. 

It should be the responsibility of the government and not that of the judiciary to recognise this omission.

The possibility of political will

घोषणा पत्र किस बात का संकेत करता है ?

1 Political will - The promises made in manifestos of the Congress and the CPI(M) have signalled an era where there is a clear political will.

 2 किन लोगों ने आवाज़ उठाई

 - Disability rights organisations in India deserve due credit for their consistent and aggressive advocacy behind this demand.

🥝In February 2024, the National Centre for Promotion of Employment for Disabled People (NCPEDP) and the National Disability Network (NDN) launched a first-of-its-kind initiative

•  by releasing a manifesto for 
  
• and by persons with disabilities, which urged the political parties to prioritise and address the issues of the disabled community.
  

It is only hoped that other parties follow the example

 Electoral promises are rarely followed in India’s electoral democracy. But despite that, these promises give hope that the movement will no longer face political apathy with regard to this demand and that India is ready to shift the Overton window on this topic.

Source the hindu