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    Disability

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    Sumyya

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    © All Rights Reserved
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    of 9
    ‘30724, 12:06 aM Despite existing laws, why do persons with disable sil ight fr basic rights? Or Seema Lal and Suchira Narayan Bar?Bench News Columns Interviews. LawFirms Apprentice Lawyer —LegalJobs_f@ét_ #adaa Interviews Despite existing laws, why do persons with disabilities still fight for basic rights? Dr Seema Lal and Suchitra Narayan {sa result of a petition filed by Dr Seema Lal, the Supreme Court recently directed the Centre to coordinate with states and UTs and submit a status report on implementation of the RPwD Act. fe J OP ey DR SEEMA LAL Ua UTZ Dr Seema Lal, Suchitra Narayan Ishika Garg Published on: 20 Jan 2024, 1:14 pm * 9 min read Ina recent case [Seema Girjja Lal v. Union of India], the Supreme Court noted the poor implementation of the provisions of the Rights of Persons with ntps:tbambench-rtulsetread comvinterviews/despite-exisinglaws-why-de-persons-with-disablives-sllightfor-basicvights-cr-seemavaand-suchi.. 1/71 ‘30724, 12:06 aM Despite existing laws, why do persons with disable sil ight fr basic rights? Or Seema Lal and Suchira Narayan Bar?Bench governments and UT administrations and submit a status report to the Court before the next hearing. This order was a result of a petition filed by Dr. Seema Girija Lal, founder of Together We Can, an advocacy group aimed at addressing issues related to mental health and disability. In this interview, Dr Seema and Suchitra Narayan, founder of SANSKRITI - Resource Centre for Inclusion, an organisation that works in the areas of disability rights and advocacy, speaks about the shift from charity to a rights~ based model, how the Rights of Persons with Disabilities Act (RPwD Act), 2016 can be better implemented, and more, What inspired you to file a petition before the Supreme Court regarding the enforcement of the RPwD Act? What specific challenges or issues have you encountered in the disability sector that prompted you to take this legal action? Dr Seema Girija Lal: The key goal was to localize distress resolution and make it easier for families of and persons with disabilities (PwD) to address their grievances. The background comes from our journey with Together We Can since 2015, as we fought for five years to bring in regulations for private therapy centers in Kerala. These efforts couldn't materialize due to the lack of district level committees (DLCs) in place which could implement our demands. DLCs are a mandate as per the RPwD Act. We observed a stark contrast between the RPwD Act on paper and in reality. Our aim is to bridge this gap, not just in our State, but nationwide. This isn't about individuals or organizations, but about improving society's quality of life. Suchitra Narayan (SN): Despite constitutional guarantees of equal rights, PwD often face discrimination, being treated as ‘beggars’ They encounter challenges in accessing public spaces, leading some families to keep their disabled children indoors. The 2016 RPwD Act broadened the list of recognized disabilities, but there are still gaps. The Act is cleverly drafted to avoid punishing those who ntps:tbambench-rtulsetread convinteriows/despite-exising laws-why-de-persons-with-disablives-silightfor-basicxights-cr-seemaviaand-suchi.. 2071 ‘30724, 12:06 aM Despite existing laws, why do persons with disable sil ight fr basic rights? Or Seema Lal and Suchira Narayan Bar?Bench Manly praCes faCk DLCS. nVEn aller Une TeCENL SUpTeMe CoUrL UITECLIVE, OSE states have failed to establish them. Where committees exist, members may be unaware or unsure of their roles. This petition aims for improved outcomes for millions through the establishment of DLCs, seeking swifter justice for PwD and their families, in line with the Constitution and the RPwD Act. Can you provide some background on the 2016 RPwD Act and its significance for the disability rights movement in India? Dr Seema: When we started in 2015, the Act was not ratified. Even when it was, and despite having been working in the field for over two decades, we knew our own ignorance of the law, Recognizing that ignorance is an explanation, not an excuse, we felt it was crucial to address this knowledge gap. How can one acquire this knowledge if they're unaware it exists or how to access it? The RPwD Act provides a foundation to work from, offering a valuable framework. We now know what to ask for and whom to approach. We've explored avenues ce like petitions, meetings with ministers and authorities, RTIs, media pressure and more, We are most hopeful of the judiciary. All our advocates, both at the State level and now at the Supreme Court, help us pro bono and that is the only reason we are making headway. SN: The PwD Act of 1995 brought hope for dignity, access, equity and justice, but only recognized seven categories. The National Trust Act, 1999 provided legal guardianship for specific disabilities. The Right to Education (RTE) Act aimed for inclusive education. Despite existing laws, why do PwD still fight for basic rights? Often, it’s all on paper and not in practice. Many disabilities were left out in 1995, necessitating the RPWD Act. It shifted from charity to a rights- based approach. Any movement is a fight to access rights of the citizens as enshrined in the Constitution. When that is not implemented, the need for legislation becomes necessary. It is hoped that as society evolves, better facilities for PwD will be ensured through these laws. How do you view the role of DLCs in ensuring the proper implementation of the RPwD Act at the grassroots level? Intps:tbambench-rtulsetread comvinteriows/despite-cxisinglaws-why-de-persons-with-disablives-sllightfor-basicxights-crseemavia-and-suchi.. SIT ‘30724, 12:06 aM Despite existing laws, why do persons with disable sil ight fr basic rights? Or Seema Lal and Suchira Narayan Bar?Bench raise a complaint in Delhi about a situation in a small town in Kerala. Getting deeper into the issue, the cultural differences, the other issues the family/person faces and more, can be addressed better at the local level. It is not enough to just appoint a committee. Members need to be aware of their roles and the information should be publicized via all channels so that those in need can access it. We are hoping the information will be up on all social justice department (SID) websites and published via the media as well. SN: DLCs are essential for addressing local PwD issues. While national laws apply universally, local variations present unique challenges. DLCs step in to ensure accessibility in various spaces. However, some lack familiarity with diverse disabilities and their specific needs. Involving PwDs and their families is crucial, adhering to the motto “Nothing about us without us” Those unfamiliar with disabilities may struggle to make informed decisions. Tailoring solutions to urban and rural needs through local DLCs is more effective. They provide quicker resolution compared to state committees. Making DLC information public is vital, including their roles and contact details. DLCs should actively raise awareness and efficiently resolve grievances at the local level. The affidavits filed by the government in the matter before the Supreme Court highlight the poor status of implementation of the RPwD Act. In your opinion, what are the primary reasons for this and how can it be addressed effectively? Dr Seema: Most of us tend to take action only when an issue directly impacts us, as we're already dealing with our own challenges. Those who don’t experience disability firsthand shrug away from advocating for what they consider a “minority” group. This weakens the push for implementation. For instance, some states hadn't even established rules for the RPwD Act, indicating a lack of coordinated efforts. There's also limited collaboration across different disability groups, leading to a fragmented approach. For example, groups working on autism or visual impairment often operate independently. They’ all ntps:tbambench-rtulsetread cominterviows/despite-exisinglaws-why-de-persons-with-dsablives-sllightfor-basicvights-crseemavaand-suchi.. 4/71 ‘30724, 12:06 AM Despite existing laws, why do persons with sabes sil ight fr basic rights? Dr Seema Lal and Suchita Ni Bar?Bench yen JI DY Chandrachud ese eit) ‘ABench of CH DY Chandrachud and Justice Narasimha called upon the Centre to submit a status report on implementation of the RPwD Act SN: There's minimal awareness about the RPwD Act, even among PwD, who may not know how to assert their rights or seek help. This lack of knowledge extends to the general population. Furthermore, establishments often disregard the Act, as penalties for non-compliance aren't consistently enforced. Private agencies believe they're unaffected due to the emphasis on government agencies in the Act. Without audits, strict implementation is overlooked. The presence of the DLC can enhance accountability and unify stakeholders from various disabilities for a collective push towards awareness, change and implementation. Currently, different disability groups tend to advocate only for themselves nationwide. What specific outcomes or changes are you hoping to achieve through the Supreme Court petition, and how do you envision the role of DLCs in achieving these outcomes? Dr Seema: Local pressure to implement the Act. We will finally have specific people to go to. If they are in our district, we can literally go to them as opposed hitos:?oambench-nlulceread cominterviews!despite-existng-laws-why-do-persons-wih-disablites-stifghtor-basiesights-

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