Disappointment, the norm for persons with disabilities – Budget 2015
The Budget Speech presented in the parliament today highlights only 2 commitments for persons with disabilities and their families:
- Access to select heritage sites in Goa, Maharahstra, Karnataka, Rajastan, Gujarat, Varanasi, Jammu & Kashmir, Amristar and Hyderabad/ Telengana.
- Increase of tax exemptions to the tune of Rs. 25000 under section 80 DD and 80 U to families of persons with disabilities and persons with disabilities themselves respectively.
- Assistive devices for senior citizens below poverty line.
Apart from this there is no specific mention of programmes related to persons with disabilities. Though, we welcome the considerable hike in programmes such as MNREGA, ICDS, ICPC, etc,. lack of mention of persons with disabilities as one of the key target groups among the marginalized groups, who find mention as the stake holders to the benefits of growth is disappointing. This also in tern is telling that the 2.21% of the population of this country are political minorities.
The analysis of the budget speech reveals that nearly 4 lakh crores will be spent of infrastructure development in the country during the financial year. Persons with disabilities will be the worst affected in taking benefit of this huge financial outlay if the government fails to follow universal design and accessibility in the plan for infrastructural development. “Nothing said, Nothing Done”, this we say because the entire budget speech lists in details the beneficiaries and stake holders otherwise.
Analysis of the commitments:
- Access to select Heritage: There is a specific mention to provide access for persons with disabilities in these sites, in other words an expression of lack of mandate to provide access in other heritage sites in the country.
- Increased Tax exemptions: Who benefits? Will be the basic question as we all know that a huge percentage of persons with disabilities are in rural areas and are majorly dependent on daily wages and the pension provided by the government. The increased exemption as touted by the government benefits only a very small percentage of persons with disabilities.
About Equals, Centre for Promotion of Social Justice
Equals is a Disabled People’s organisation working on budget and policy analysis, knowledge and capacity building with specific focus on persons with disabilities
Contact: Meenakshi Balasubramanian, 9840135750.
What did we ask?
- Statistics and Data: Article 31 of the convention mandates statistics and data collection. Based on the analysis of the various financial and accountability documents of the Union Government it is observed that there are no data on persons with disabilities that leads to effective planning and resource allocation. This has a direct impact on the accountability and monitoring of expenses related to persons with disabilities.
- A separate budget statement similar to the gender budget statement should be produced for allocations made to respect protect and promote the rights of persons with disabilities across Departments and Ministries.
- Expenditure related to persons with disabilities should be presented as a minor head in the budget statement so that tracking is possible and accountability is ensured
- All the reports produced by the various Ministries should be mandated to report on the coverage of persons with disabilities, gender disaggregated. (both physical and financial data)
- Accessibility – Article 9 of UNCRPD mandates universal design and accessibility in built environment, services, products and information. There is also a commitment vide the XII plan across Ministries (specifically health, education, infrastructure development both urban and rural) to ensure accessible built environment.
The NDA’s election promises to persons with disabilities include ensuring public facilities, public buildings and transport accessible for persons with disabilities.
Currently the Union Government allocates resources to two programmes of Department of Disability Affairs under MSJE namely Scheme for implementation of Persons with Disabilities Act (SIBDA) and ADIP. SIPDA is a programme to provide for barrier free environment in State Secretariats with limited resource shared by the Union Government and ADIP looks at provision of assistive devices.
It is needless to state that these two programmes are highly limited and restrictive to fulfil the mandate of the Government to ensure effective participation and inclusion of all persons with disabilities in the development agenda of the Government.
This will be possible only if the Government relook at the policies and allocations related to the following
- Public procurement: 20% of GDP is spent on public procurement by the Indian Government1. Article 4, General Obligations of the United Nations Convention on the Rights of Persons with Disabilities mandates utilisation of maximum available resources towards protection and promotion of socio economic and cultural rights of persons with disabilities. The article also mandates responsiveness of all policies, programmes and legislations towards the issues of persons with disabilities.
Ensuring Accessibility is a key to effective participation in the development agenda of the nation. Therefore, It is important that the Government relook at their policies for procurement and pass guidelines so that all public procurement towards works, services and products are accessible and adhere to Universal design standards. - Retrofitting – Resource allocation must be made to retrofit the existing infrastructure, transport and other works, services and information so that these adhere to the Universal design and accessibility standards. The XII Plan commitment to earmark reasonable amounts across departments and Ministries could be one of the key sources for funding this.
- Reasonable accommodation – Ensuring full accessibility is only a progressive realisation. Realisation of Rights of persons with disabilities is immediate and therefore towards this CRPD has provided solution to States Parties to ensure provision of reasonable accommodation. Article 2 of CRPD clarifies that denial of reasonable accommodation amounts to discrimination. Provision of reasonable accommodation such as provision of temporary ramps, using sign language pool for interpretation, temporary modicfications to toilets, workspace, classrooms etc,. involve cost. This has to planned and allocated for. There is no policy / programme that provides for reasonable accommodation. This calls for a new policy mandating earmarking by Ministries across different service sectors and economic sectors a reasonable amounts for providing for reasonable accommodation.
- Community support network and personal assistants – According to census 2011 approximately 20% of the population of persons with disabilities are experiencing high restriction in participation and require community support network and services of personal assistants for a range of services including supported decision making (which will not be the role of personal assistant) . There is no policy apart from guardianship (which is in violation of the mandates of CRPD and the commitment of the Government to ensure maximum participation of persons with disabilities). Therefore, a new policy will have to be developed towards this and cost of human resources, implementation processes, accountability, monitoring should be budgeted for.
- Assistive devices and technology – Persons with disabilities require range of assistive devices including wheel chairs to alternative and augmentative communication devices and services. This involves research, procurement, distribution, up-gradation and maintenance ensuring quality, affordability and availability. This is also a commitment made by the Government during the financial year 2014-15. This commitment shall be realised only with augmenting resources for the existing programmes under the Ministry of Social Justice and Empowerment to include a range of assistive devices without any restriction on the nature and type of resources. This also calls for advancement in the design of the programme, which shall be carried out in consultation with Disabled people’s Organisations and other Civil Society Organisations having expertise in habilitation and rehabilitation.
- Transition from institution to community living and care – Article 19 of CRPD talks about living independently and being included in the community. Persons with intellectual disabilities, psychosocial disabilities and women with disabilities experiencing high restriction in participation are more likely to get institutionalised. Apart from this many of the social protection programmes of the Government that include persons with disabilities as one of the target groups does not lead to social participation as mentioned in article 28 and are restrictive and discriminatory. This is in violation of the mandate to ensure respect, protect and promote all human rights and fundamental freedoms for all persons with disabilities. Implementing Article 19 & 28 will also lead to the fulfilment of the Governments commitment to be responsive to issues of persons with disabilities. This requires policies to promote living in the community and a transition plan from institutional care to community care and services. It is demanded to allocate for:
Transition plan from institutional living to community living. This would involve community level living arrangements, social protection, skill training and rehabilitation at the community level - Programme to ensure community living: housing, social protection programmes, leading to social participation, skill development, employment and self employment programmes.
Health
Habilitation and rehabilitation needs of persons with disabilities have to be focussed at all levels in order to ensure quality health care and rehabilitative services at the community level.
Special focus must be ensured for people experiencing health related disabilities / degenerating disabilities like Multiple Sclerosis, Muscular dystrophy, LSD, Psycho social disabilities, Hemophilia, epilepsy etc where there is a huge medical requirement as well as a different & ongoing rehabilitation. Institutionalisation not an option.
Allocations has to be made for ongoing training and sensitisation, provision of quality and affordable services including medication. New policies have to be developed in this area.
– Meenakshi Balasubramanian, Equals, Centre for Promotion of Social Justice
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