Government Implementation of the Standard Rules
As Seen By Member Organizations of
Disabled Peoples' International - DPI

India

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© Dimitris Michailakis 1997

DPI, India
No reply was received from the Government of India.
Compare with the following Country Report(s): ILSMH, WBU

General policy

The officially recognized disability policy is expressed in law, in guidelines adopted by the government, in guidelines adopted by a national disability council, in policy adopted by political parties and in policy adopted by NGO's. The emphasis in this policy - in descending scale - is on anti-discrimination law, rehabilitation, prevention, accessibility measures and individual support.

Since the adoption of the Rules, the government has taken the following actions to convey the message of full participation: dissemination of the Rules, donation of 10,000 USD each year in support of the Special Rapporteur, integration of the Rules into the National Working Programme, launching the Asian and Pacific Decade of Disabled Persons, and promoting of the Rules in mass media.

Legislation

The rights of persons with disabilities are protected by a combination of special legislation and general legislation. The judicial mechanisms adopted to protect the rights of persons with disabilities are: due process (legal remedy through courts) and recourse procedure by a special agency, dealing with anti-discrimination issues. Administrative and other non-judicial bodies include: an Ombudsman, a governmental body (administrative) and a special arbitration/conciliation body.

General legislation applies to persons with different disabilities with respect to: education, employment, the right to marriage, the right to parenthood/family, political rights, access to court-of-law, the right to privacy and property rights. The following benefits are guaranteed by law to persons with disabilities: health and medical care, training, rehabilitation and counselling, financial security, employment, independent living and participation in decisions affecting themselves.

Since the adoption of the Rules, Regulations on Education of Disabled Persons and Local Laws in 29 provinces were enacted.

Accessibility

There are laws and regulations to ensure accessibility of the built environment requiring that public places and the outdoor environment are made accessible. Accessibility in the built environment is observed by national authority, by local governments and by disabled persons' organizations. The following measures have been promoted by the government to facilitate accessibility in the built environment: levelling off pavements, ensuring access to public places and providing specially adapted motor vehicles. Special transport arrangements include the following: urban public transport free for the blind and buses provided for disabled persons in welfare factory. Special transport is available for medical treatment, education, work and for recreational purpose. In addition, public transportation is free for the blind, wherever they travel. The most difficult obstacles, when planning to build accessible environments, are attitudinal factors, economic/budgetary factors and geographical and climatic factors. There is a disability awareness component incorporated in the training of planners, architects and construction engineers.

Sign language for deaf people is recognized as the official language of deaf people and is used as the first language in education of deaf people. Furthermore the government acts for promoting a unified Chinese sign language. There are government measures to encourage media and other forms of public information to make their services accessible for persons with disabilities. The following measures are provided to facilitate information and communication between persons with disabilities and others: literature in Braille/tape, news magazines on tape/Braille, sign language interpretation and easy readers for persons with mental disabilities.

Organizations of persons with disabilities

There is a national umbrella organization in which all associations of all the disability groups are represented, such as the blind, the deaf, the physically disabled, the mentally and the psychologically disabled. There are legal provisions mandating the representatives of persons with disabilities to participate in policy-making and to work with governmental institutions. Disability organizations are always consulted, when laws and regulations with a disability aspect are being prepared. Consultations occur at the national level. The government gives financial and organizational/logistic support to existing or new organizations of persons with disabilities. Persons with disabilities participate to a great extent in government, legislatures, judiciary, political parties and NGO's. The role of disabled persons organizations is to advocate rights and improved services, mobilize persons with disabilities, identify needs and priorities, participate in the planning, implementation and evaluation of services and measures concerning the lives of persons with disabilities, contribute to public awareness, provide services and promote/organize income generating activities. In addition, the organizations represent and serve disabled persons, also taking administrative responsibility concerning disability issues.

Co-ordination of work

The national co-ordinating committee is reporting to the State Council. The committee includes representatives of many Ministries, of organizations of persons with disabilities and of other NGO's. The government expects the committee to participate in policy development but not to perform other tasks. The establishment of the co-ordinating committee has had the following effects: improved co-ordination of measures/programmes in the disability filed, improved legislation, improved integration of responsibility, a better dialogue in the disability field, more accurate planning, more effective use of resources and improved promotion of public awareness.

The Standard Rules are in line with the national disability policy. The adoption of the Rules strengthens the national legislation and promotes the implementation of the policies.

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