06.03.2007 - Source: US Department of State

People with disabilities ("Country Report on Human Rights Practices 2006") [ID 20261]

"The PDA requires that 3 percent of public sector jobs be reserved for people with physical, hearing, and visual disabilities. It also provides a list of jobs for people with these disabilities. In 2004 there were 1,075 jobs for persons with disabilities in the private sector and 1,900 in the public sector. More than 40,000 persons with disabilities held government jobs. The PDA provides benefits to private companies at which people with disabilities constitute more than 5 percent of the workforce. The government only recently began implementing these benefits, and private sector employment of people with disabilities remained low. The Tamil Nadu government introduced a 3 percent reservation for persons with disabilities in education and employment, and government buildings made arrangements for wheelchair access. However, human rights activists complained that available facilities were not sufficient. Despite the three percent mandated reservation for disabled in government jobs, a report released by the National Center for Promotion of Employment for Disabled People (NCPEDP) revealed that disabled persons held less than 1 percent of government jobs. The report also documented that the government spent less than 90 percent of the funds allocated for disabled programs in the 2005-06 budget. Mental health care was a problem. Hospitals were overcrowded and served primarily as dumping grounds for persons with disabilities. Patients generally were ill-fed, denied adequate medical attention, and kept in poorly ventilated halls with inadequate sanitary conditions. In July 2005 the NHRC determined that insufficient attention was paid to issues of mental illness, and called for better enforcement of national laws. At year's end, no action was taken on the 2001 NHRC recommendation to remove all persons with mental illness from jails. In March 2005 the NHRC issued guidelines to jails lodging mentally challenged persons, stipulating the need for open lawns, daily physical and mental activities, and strict rules limiting the use of force to self-defense and attempted escape. The Human Resource Development Ministry reported in January that children with mental disabilities had the lowest rate of school attendance out of any group at 53 percent, followed by the speech disabled at 57.5 percent and the hearing disabled at 68 percent. The disability division of the Ministry of Social Justice and Empowerment delivered rehabilitation services to the rural population through 16 district centers. A national rehabilitation plan committed the government to provide rehabilitation centers to more than 400 districts, but services were concentrated in urban areas. Moreover, the impact of government programs was limited. Significant funding was provided to a few government organizations, such as the Artificial Limbs Manufacturing Corporation of India, the National Handicapped Finance and Development Corporation, and the Rehabilitation Council of India. With the adoption of the PDA, a nascent disabled rights movement slowly raised public awareness of the rights of persons with disabilities.Sarva Shiksha Abhyan (Education for All), another government initiative that focused on educating children with disabilities in integrated settings, identified approximately 1.6 million children with disabilities in 2004. According to the Ministry of Social Justice and Empowerment Country Report, 755,408 children with disabilities enrolled in schools, suggesting an enrollment rate of approximately 46 percent. The percentage of children with disabilities between the ages of five and 18 enrolled in schools was higher in rural areas (47 percent) than in urban areas (44 percent). According to the Central Coordination Committee established under the PDA, approximately 100,000 children with special needs attended approximately 2,500 schools that provided integrated and inclusive education or non-formal education.In June the Goa Government made it mandatory for all public buildings, transport systems, hospitals and tourist areas to provide easy access to persons with disabilities. Goa was the first state in the country to formulate a policy for the disabled.In July the Ministry of Social Justice and Empowerment released the Braille version of the Right to Information Act to persons with visual impairment.In August the Delhi High Court directed the Delhi Development Authority to accord preferential treatment and consider relaxing norms for applicants with disabilities and impairments while allotting plots and houses."

Document(s): Open document

14.01.2005 - Source: Human Rights Watch

The Indian government should ensure that tsunami victims receive assistance in an equitable manner without caste or religious bias ("India: End Caste Bias in Tsunami Relief") [#28432],  [ID 8150]

"[...]People with disabilities are at heightened risk during disasters. They can also lose their assistive devices, including crutches, artificial limbs, hearing or visual aids. Their usual caregivers may also have been killed, injured, or diverted to other survival tasks. In January 2005, the National Center for Promotion of Employment for Disabled People, a Delhi based non- governmental organization, called for improved monitoring of disabled people affected by the tsunami and urged authorities to address disability concerns in their ongoing efforts at revival of livelihoods. In meetings with activists, government officials in Tamil Nadu admitted that there was no special policy to protect disabled people affected by the tsunami, but said that they would consider all recommendations made in this regard. [...]"

Document(s): Open document

25.02.2004 - Source: US Department of State

Country Reports on Human Rights Practices - 2003 ("Country Reports on Human Rights Practices - 2003") [#19765],  [ID 8151]

"Persons with Disabilities

Although the Persons with Disabilities Act provides equal rights to all persons with disabilities, advocacy organizations admitted that its practical effects so far have been minimal in part due to a clause that makes the implementation of programs dependent on the "economic capacity" of the Government.

According to NGOs, there were more than 60 million persons with disabilities in the country. According to Javed Abidi of the National Center for Promotion of Employment for Disabled People (NCPEDP), the census taken during 2001 failed to include categories of disability, thus making an accurate estimate of the needs of persons with disabilities impossible. Neither law nor regulations required accessibility for persons with disabilities. With the adoption of the Persons with Disability Act, a nascent disabled rights movement slowly was raising public awareness of the rights of persons with disabilities. Government buildings, educational establishments, and public spaces in New Delhi have almost no provisions for wheelchair access.

The Disabled Division of the Ministry of Welfare had a budget of more than $46.3 million (2.13 billion Rs) for the 2003-2004 fiscal year for a number of organizations and committees at the national, regional, and local levels. The Ministry delivered rehabilitation services to the rural population through 16 district centers. A national rehabilitation plan committed the Government to put a rehabilitation center in each of more than 400 districts, but services still were concentrated in urban areas. Moreover, the impact of government programs was limited. Significant funding was provided to a few government organizations such as the Artificial Limbs Manufacturing Corporation of India, the National Handicapped Finance and Development Corporation, and the Rehabilitation Council of India.

In June, the National Center for the Promotion of Employment for Disabled People launched an exclusive news service on disability in the country.

The Persons with Disability Act established a Disabilities Commissioner who over saw implementation of the Act and its provisions protecting persons with disabilities.

According to the Persons with Disability Act, 3 percent of positions in government offices and state-owned enterprises must be reserved for persons with visual, hearing, or orthopedic disabilities; however, government survey's indicated that employment for persons with disabilities exceeded 3 percent of positions in the public sector.

The Government provided special railway fares, education allowances, scholarships, customs exemptions, budgetary funds from the Ministry of Rural Development, and rehabilitation training to assist the disabled; however, implementation of these entitlements was not comprehensive. Parents of children with developmental disabilities lobbied the government for a special security fund; however, no action was taken on this request at year's end.

Mental health care was a problem. Hospitals were overcrowded and served primarily as a "dumping ground" for the mentally handicapped. Patients generally were ill-fed, denied adequate medical attention, and kept in poorly ventilated halls with poor sanitary conditions. In July, the NHRC announced that insufficient attention was paid to issues of the mentally handicapped and called for better enforcement of the nations laws. At year's end, no action was taken in the 2001 NHRC recommendation to remove all persons with metal illness from jails.

[...]The Constitution prohibits discrimination on the basis of a person's race, sex, religion, place of birth, or social status and government authorities worked to enforce these provisions with varying degrees of success. Despite laws designed to prevent discrimination, social and cultural practices as well as other legislation had a profound discriminatory impact, and discrimination against women, persons with disabilities, indigenous people, and national, racial, and ethnic minorities was a problem. [...]"

Document(s): Open document