Answer To: The Written Assessment Task has a strict word limit of 2000 words, excluding footnote references and...
Anju Lata answered on Sep 10 2021
9
Assessment
Topic: Disability in India
Student Name:
Student ID:
Introduction
Disability as described by World Health Organization is a wide term including all aspects of impairment in body functions or structures that limits the individual in executing an action or task.1 Being a complex phenomenon, disability not only includes health problems but also the interactions between the person and the society where he/she lives. People with disability include the people having disabilities in hearing, seeing, movement, speech, mental illness, mental retardation and multiple disabilities.2
The purpose of this study is to analyze the problems faced by disabled people in India which creates a need of law reforms, (1) to assess the existing legal and framework applicable to disable people; (2) to evaluate the institutional laws sanctioned for it; (3) to discuss the application of these frameworks to disability; (4) to identify the shortcomings and (5) to suggest the improvement strategies to mitigate the shortcomings.
Background
According to 2011 census, out of total 21 million disable people in India, more than 20.3% had movement disabilities, 18.9% had hearing impairments and 18.8% had visual disability. According to National Sample Survey Organisation report around 1,49,85,000 and 44,06,000 people are disabled in rural and urban areas. December 3 is celebrated as International Day of Persons with Disability by United States since1992.People with disabilities face all forms of trauma , violence and discrimination. Article 55 of the charter of the United Nations holds on peaceful and respectful living. It directs United Nations to promote higher standards of living, improving socio economic conditions, solutions of international, economical ,social and cultural co operation.
---------------------------------------------------------------------
Kluwer, W. Journal Of Family Medicine And Primary Care; Med Known Publications.
Problems faced by the Disabled
Disable people have low levels of educational attainments, high rates of poverty, poorer health conditions and low levels of economic engagements than the normal people.1 Due to social exclusion they are increasingly vulnerable to other health problems like pressure sores and urinary tract Infection. They are generally considered as marginalized in society.
In developing countries like India, disable people face a highly challenging life. Due to social stigma attached to disability, disabled people often face harassment and discrimination resulting in social isolation. There have been many instances reported nationwide wherein people with disabilities are rejected from job interviews solely due to their disability. In rural areas, such people face a combined social and educational boycott. A huge number of Children with Disabilities (CWD) stay out of schools as a result of constant criticism. Even if they join schools, they do not make effective educational progress resulting into low income.
People with disability (PWD) are at increased risks of communicable diseases particularly due to low immunity and hospital negligence. Sarva Shiksha Abhiyan has worked a great deal to promote the CWDs to go to school but still results are not satisfying. Budget for these children in regular primary schools are inadequate. Some states do not even have this benefit. The Human Rights Commission still have not worked in this matter. In public and private hospitals, the PWDs are treated insensitively and denied medications for no sole reasons. They are even exempted from public gatherings and cultural festivals. They are the most neglected ones in natural disasters and stampedes. PWDs are even exempted from those jobs that require mental ability. Majority of people in old age homes are disabled. Even their family turns indifferent to them. Thus, these people suffer a constant physical and emotional turmoil.
Existing Legal Framework
In India, there are three main legislations for disability: (1). Persons with Disability Act 1995; (2). National Trust for the well being of Disabled People like those with Cerebral Palsy, Autism, and mental illness; and (3) Rehabilitation Council of India Act 1992.
Persons with Disability Act 1995 offer Protection of Rights, Equal Opportunities and Full Participation to PWDs in terms of employment, education, social security and development of barrier free...