Inclusion for the ‘’divyangjan’

By Nikita Shastri

For a society to be inclusive, it has to be accepting of all the marginalised groups, including the disabled. When it comes to India, the disabled population is well integrated with the society. There are several government schemes and initiatives and brand new trends of social inclusion for the disabled.

Though the subject of ‘Disability’ figures in the State List in the Seventh Schedule of the Constitution, the Government of India has always been proactive towards the concerns of the disabled. The government runs seven National Institutes (NIs) dealing with various types on disabilities and seven Composite Regional Centers (CRCs) which provide rehabilitation services to PwDs.

There are several schemes that allow loans for the disabled at concession rates to promote self-employment through the National Handicapped Finance & Development Corporation (NHFDC). 

A proactive government

It’s important to note that the Government of India is party to the (i) ‘Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and the Pacific Region’ that was adopted at Beijing in December, 1992 and (ii) The UN Convention on the Rights of Persons with Disabilities (UNCRPD) which came into effect in May 2008.

It was stated in the 11th Five Year Plan that the ‘Disability Division' of the Ministry of Social Justice & Empowerment will be strengthened by converting it into a separate department so that it can liaise effectively with all the other concerned Ministries / Departments and fulfill its responsibilities towards the disabled. 

The decision to create a separate Department of Disability Affairs within the M/o SJ&E was taken up by the government in principle on 3 January 2012. This was also announced by the President before both the houses of Parliament on 12 March 2012. 

So, the two departments were created under the Ministry of Social Justice & Empowerment vide notification dated 12 May 2012, namely: (i) Department of Social Justice and Empowerment (Samajik Nyaya and Adhikarita Vibhag) and (ii) Department of Disability Affairs since renamed as the Department of Empowerment of Persons with Disabilities.

It’s all in the name

It was in 2015 when PM Narendra Modi suggested that the term 'divyang' (divine body) be used instead of 'viklang' for persons with disabilities. He was speaking on the occasion of the launch of the Accessible India initiative - an effort to make public places in the country accessible to all.

PM Modi said during one of his Mann Ki Baat addresses, "We see a person's disability with our eyes. But our interaction tells us the person has an extra power. Then I thought, in our country, instead of using the word 'viklang,' we should use the term 'divyang.' These are people who have a limb or several limbs with divine powers which we don't have."

As a result of this, in 2016, the Department of Empowerment of Persons with Disabilities was renamed to 'Divyangjan Sashaktikaran Vibhag’ in Hindi, dropping the word 'viklangjan' from its previous nomenclature. In the English nomenclature too, the word ‘Divyangan’ has been suffixed now to the original name.

The central government had proposed the change in name of the department by amending the Government of India (Allocation of Business) Rules, 1961, approved by President Pranab Mukherjee. 

The renaming has changed the approach of the entire world towards the ‘divyangs’ as the nomenclature used earlier i.e., ‘viklang’ or handicap had a connotation that would trigger neglect, insult and weakness.

Legal and social aid for the ‘divyangjan’

Indian government has undertaken several measures to make available affordable and speedy justice to all, including persons with disabilities. The Legal Services Authorities (LSA) Act, 1987 provides free and competent legal services to the weaker sections of the society including beneficiaries covered under Section 12 of the Act to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunities. 

Between April 2018 to January 2022 months, 29,050 persons with disabilities had been provided legal services under LSA Act as per details given by Union Minister of Law and Justice Kiren Rijiju.

India is also party to the Incheon Strategy to ‘Make the Right Real’ for persons with disabilities (PwDs) in Asia and the Pacific. It sets out ten goals such as ‘reduction in poverty and enhancing work and employment prospects, promoting participation in political process and decision making, creation of barrier free environment, strengthening social protection, promoting early intervention and education of children with disabilities, ensuring gender equality and women's empowerment, promoting disability-inclusive disaster risk reduction and management, improving the reliability and comparability of disability data, accelerating ratification and implementation of UNCRPD and harmonise national laws and promoting sub regional, regional and inter-regional cooperation’.

The Rights of Persons with Disabilities Act (RPwD Act), 2016 provides for reservation for ‘divyangjan’ in government employment, inclusive education, participation in decision making process through Central and State Advisory boards on Disability, etc. As part of this Act, the types of disabilities have been increased from seven to 21 and special courts have been set up in every district for faster adjudication of cases.

Section 12 of this Act particularly deals with access to justice, which inter alia mandates the appropriate Government ‘to provide for recording of testimonies, arguments or opinion given by person with disabilities in their preferred language and means of communication.’

Safety and security of the disabled

Persons with disabilities are at high risk of accidents and mishaps in public places, mass gatherings, while using public transportation, etc. It’s very important to make sure they are safe and secure in such places and situations.  

In this regard, distribution of and access to aids and assistive devices to ‘Divyangjan’ under the ADIP Scheme of the Ministry of Social Justice and Empowerment, Government of India is very important. 

A wide range of aids and assistive devices are made available to the divyangjan through camps, etc. These include – wheelchairs, crutches, walking sticks, tricycles, rollators, knee braces, spinal support, Braille Cane, Braille Kit, Smart Phone, Smart Cane, hearing aids, artificial limbs, dentures, spectacles, etc. 

Because of the forthcoming attitude of the government, several initiatives and facilities have been made available to the divyangjan. Under the Accessible India Campaign, about 585 buildings of the States / Union Territories and 1,030 central government buildings have been made barrier-free with the release of Rs 553.59 crores. 

Also, 35 International Airports and 55 Domestic Airports are provided with features of accessibility now. More than 700 railway stations have been made accessible. The campaign was launched in December 2015 for the creation of a barrier-free environment in public buildings, transportation and ICT (Information and Communications Technology) ecosystem.

Also, as part of the Unique Disability Identity Card Project launched in 2016-17 with the aim to create a national database of persons with disabilities, as of 1 June 2022, as many as 73.89 lakh Unique Disability ID cards were generated in 716 districts across all States and union Territories.

India continues to create an inclusive atmosphere for the empowerment of the divyangjan. In June 2022, the world's biggest wheelchair logo / image was created by 1,000 divyangjan creating a world record. Also, this was the highest ever participation of 1,445 persons with hearing impairment in a sign language session at a single venue while performing the national anthem.

(Nikita Shastri is a researcher with The History and Heritage Project – a DraftCraft International Initiative to document details, analyse facts and plug lacunae generated by oversight or to further national or foreign agenda in History and Heritage Across India and Beyond Borders)