In an impassioned address at the India Accessibility Summit and State Disability Commissioners' Conclave 2024, Chief Justice of India (CJI) DY Chandrachud called for a seismic shift in how society perceives and accommodates persons with disabilities. His speech underscored the urgent need to dismantle ableist perspectives entrenched in our physical infrastructure, policy frameworks, and societal attitudes. These ableist views not only perpetuate exclusion but also deprive our public discourse of valuable contributions from persons with disabilities.
The Vicious Cycle of Exclusion
Chief Justice Chandrachud highlighted a critical issue: the endless loop of exclusion caused by ableist infrastructure and policies. Our architectural models, intellectual resources, and institutional designs often adopt a singular ableist perspective, which creates barriers that exclude persons with disabilities from equal participation. This exclusion is not just a social injustice; it also violates a range of civic rights, compromises citizenship, and hampers fundamental freedoms for persons with disabilities.
From Individual Pathology to Social Barriers
Reflecting on the evolution of disability rights in India, CJI Chandrachud noted that the Persons with Disabilities Act of 1995 primarily viewed disability as an individual issue, ignoring the social barriers that exacerbate these challenges. However, the Rights of Persons with Disabilities Act of 2016 marked a paradigm shift by recognizing social and institutional barriers as the root cause of disability. This legislative change underscores the need to enhance our public spaces and policies to accommodate persons with disabilities, thereby fostering a more inclusive society.
The Importance of Participation
The Convention on the Rights of Persons with Disabilities and the 2016 Act emphasize the importance of participation. Greater involvement of persons with disabilities in public life leads to better engagement with issues and a more nuanced understanding of systemic flaws. CJI Chandrachud cited a Vidhi report on urban planning and institutional design, which highlighted the success of Karnataka's 'Participatory Governance in Disability' policy. This policy led to a remarkably effective implementation of the 3% reservation in poverty alleviation programs under the 1995 Act.
Corporate Initiatives and Economic Benefits
Corporate Social Responsibility (CSR) initiatives have also paved the way for inclusive hiring practices. Initially driven by legal compliance, these practices have proven to be economically beneficial. Companies that embrace diversity in their hiring decisions often find that employees from varied backgrounds perform exceptionally well, debunking outdated ableist notions.
Addressing Invisible Disabilities
CJI Chandrachud also drew attention to the often-overlooked issue of Invisible Disabilities or Non-Visible Disabilities (NVDs). Studies show that many individuals with NVDs choose not to disclose their conditions due to fear of stigma and bias. This reluctance stems from societal perceptions of disabilities as deficits. India, home to one of the largest populations of persons with autism and other developmental and neurological conditions, must prioritize active diagnosis, education, and awareness campaigns to combat this stigma.
Legal Protections and Affirmative Duties
While the Indian Constitution does not explicitly mention disability as a ground for discrimination, the Supreme Court has affirmed that constitutional rights and protections apply equally to persons with disabilities. The evolution of jurisprudence in this area has shifted from merely preventing discrimination to imposing positive, affirmative duties on both the state and private entities. The judiciary has frequently been at the forefront of these battles, addressing issues ranging from non-implementation of laws to discrimination in service rules.
Enhancing Judicial Accessibility
The judiciary itself has undertaken several measures to enhance accessibility. These include dedicated infrastructural facilities, technological aids such as close-captioned live streams, OCR-enabled judgments, hyperlinked cause lists, and engaging sign-language interpreters for advocates or parties with hearing impairments. These initiatives represent significant steps towards making the judicial process more inclusive.
The Long Road to Inclusion
In his concluding remarks, CJI Chandrachud emphasized that dismantling the "shameful walls of exclusion" requires persistent and collective efforts. Laws and technology are merely tools for change; the real solutions lie in social dialogue and cooperation. Persons with disabilities have long been dismissed as objects of ridicule, exploitation, and segregation. Achieving an accessible and dignified public life for all requires deliberate and sustained efforts to challenge and change these deep-seated attitudes.
Call to Action
CJI Chandrachud's address serves as a powerful reminder that true inclusion goes beyond legal frameworks and technological advancements. It calls for a fundamental shift in societal attitudes and a commitment to creating an environment where persons with disabilities can participate equally and fully. As we continue to push for greater inclusivity, let us remember that every step towards dismantling ableist perspectives brings us closer to a more just and equitable society.
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