In his keynote address at the India Accessibility Summit and State Disability Commissioners' Conclave 2024, Chief Justice of India (CJI) DY Chandrachud emphasized the urgent need for a more inclusive approach toward individuals with disabilities. He criticized current physical infrastructures and policies for being inherently ableist, pointing out that they perpetuate exclusion by failing to account for the needs of persons with disabilities.
Current Issues with Accessibility
The CJI highlighted that many of our architectural models, intellectual resources, and institutional designs are based on a singular ableist perspective. These perspectives fail to consider the diverse needs of individuals with disabilities, resulting in barriers that prevent their full participation in social, economic, and cultural spheres. Such exclusion not only violates their civic rights but also deprives public discourse of valuable inputs.
Originally, the Persons with Disabilities Act of 1995 focused on disability as an individual issue rather than recognizing social barriers as a root cause. This limited perspective contributed to the isolation of individuals with disabilities from public life.
Legal and Social Framework
The Rights of Persons with Disabilities Act 2016 marked a significant shift by acknowledging social and institutional barriers as primary causes of disability. This legislative change emphasizes the need to improve accessibility and inclusion, moving beyond merely pathologizing individuals.
The Convention on the Rights of Persons with Disabilities, alongside the 2016 Act, underscores the importance of participation in addressing disability-related challenges. Enhanced participation is expected to lead to better engagement, a more nuanced understanding of existing systems, and a shift in perspectives.
Successful Inclusive Practices
A report by Vidhi on urban planning and institutional design noted the success of Karnataka’s 3% reservation in poverty alleviation programs under the 1995 Act, attributed to the state's 'Participatory Governance in Disability' policy. This highlights the effectiveness of inclusive policies.
In India, Corporate Social Responsibility (CSR) initiatives have fostered inclusive hiring practices. Evidence shows that diverse hires perform exceptionally well, challenging outdated ableist assumptions and proving that diversity is not only a legal obligation but also a strategic advantage.
Addressing Invisible Disabilities
The CJI stressed the need to recognize and address invisible or non-visible disabilities (NVDs), which often go unreported due to stigma and fear of bias. He noted that India has a large population of individuals with autism and other developmental and neurological conditions.
Active diagnosis, education, and awareness campaigns are crucial to overcoming stigma and prejudice associated with NVDs. Efforts to educate and raise awareness can help reduce the negative perceptions and barriers faced by individuals with these disabilities.
Judicial Efforts and Infrastructure
The judiciary has taken steps to improve accessibility, including dedicated infrastructural facilities and technological aids. Measures such as close-captioned live streams, OCR-enabled judgments, hyperlinked cause lists, and sign-language interpreters are examples of efforts to make the legal system more accessible.
CJI Chandrachud concluded by emphasizing that breaking down the barriers of exclusion requires continuous and patient effort. He stressed that laws and technology are tools for change but that true progress relies on social dialogue and cooperation. Overcoming institutional indifference and achieving an accessible, dignified public life for all involves deliberate and sustained efforts to address and rectify these longstanding issues.
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