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Disability inclusion in politics
The Election Commission of India, on December 21, issued an advisory to political parties, encouraging the use of disability-sensitive language. This step is aimed at promoting disability-inclusive communication and accessibility, in response to recent instances of national leaders demeaning persons with disabilities (PwD) in election speeches, which creates an “attitudinal barrier” contrary to the Rights of PwD Act, 2016.
Highlights of the Rights of Persons with Disabilities (PwD) Act, 2016:
- The Act is a pivotal legal framework for the protection and empowerment of persons with disabilities in India, replacing the 1995 Act.
- Definition of Disabilities: Recognizes a range of disabilities including physical, intellectual, mental, and sensory impairments.
- Core Principles: Ensures rights like equality, non-discrimination, and full societal participation for PwD.
- Education: Guarantees free education until 18 years and promotes inclusive education.
- Employment: Mandates equal employment opportunities and job reservation in government and private sectors.
- Higher Education Reservation: Specifies seat reservations for PwD in higher educational institutions.
- Special Employment Exchanges: Calls for creating specific employment exchanges for PwD.
- Accessibility: Stresses on barrier-free access in public spaces, transport, and ICT for better accessibility.
- Healthcare: Ensures access to affordable, quality healthcare services.
- Legal Capacity: Upholds PwD''s legal recognition and supports their decision-making rights.
- Social Security: Focuses on social security and welfare measures.
- Advisory Boards: Establishes National and State Advisory Boards for overseeing Act implementation.
- Offenses and Penalties: Defines penalties for offenses against PwD and ensures accessible legal proceedings.
ECI''s Disability-Inclusive Communication Guidelines
- Prohibition of Ill-Health Terminologies:
- Guidelines emphasize avoiding derogatory terms for persons with disabilities (PwDs).
- Aims to prevent stigmatization and marginalization.
- Example: Criticism of Tamil Nadu leader A Raja''s derogatory remarks in 2023.
- Preventing Dehumanisation and Stereotyping:
- Urges against dehumanizing portrayals and stereotypes in communication.
- Targeted to change the narrative used in political speeches that demean PwDs.
- Legal Implications:
- Breaching these guidelines could lead to action under section 92 of the Rights of PwD Act.
- This section deals with punishment for atrocities against PwDs.
- Need for Uniform Mandate:
- Guidelines vary in their mandatory language; some use ''should/shall'' while others use ''may''.
- Advocates for a consistent mandate for better enforcement.
- Incorporation into Model Code of Conduct (MCC):
- Currently, these guidelines are not part of the MCC.
- Suggests inclusion in the MCC for stronger enforcement, similar to gender guidelines.
- Addressing Phraseology Ambiguity:
- Clarification needed for specific terms considered derogatory in certain languages.
- Recommends adopting UN Disability Inclusion Strategy for appropriate terminology.
- Chapter on Political Inclusion in National Policy:
- Suggests adding a chapter on political inclusion of PwDs in the draft National Policy.
- Aligns with Article 29 of the UN Convention on the Rights of Persons with Disabilities.
- Creating a Database on Legislators with Disabilities:
- Highlights the lack of data on legislators with disabilities.
- Recommends ECI to collect disability data in election nomination forms and affidavits.
- Proposes the 2024 general elections as an opportunity to address this gap for political inclusion of PwDs.
The Election Commission of India''s (ECI) advisory for disability-sensitive communication represents a significant move towards inclusive politics. However, to maximize their effectiveness, key improvements are essential:
- Uniform and Mandatory Language: Implementing a consistent, obligatory language across all guidelines will ensure stricter adherence and greater impact.
- Inclusion in Model Code of Conduct (MCC): Incorporating these guidelines into the MCC will provide them with the necessary legal weight, making compliance more enforceable.
- Holistic Approach in National Policies: Integrating a comprehensive strategy for political inclusion in national policies, in alignment with international standards like the UN Convention on the Rights of Persons with Disabilities, is crucial.
By undertaking these enhancements, India can progress towards a truly inclusive political environment that not only respects but actively empowers persons with disabilities, setting a precedent for others to follow.