The Study By Manikant Singh
Search

Vulnerable section- Differently-abled individuals

  • 0
  • 3068
Font size:
Print

Vulnerable section- Differently-abled individuals

Context: The Supreme Court has issued guidelines to prevent discrimination of differently-abled individuals in visual media and films.

 

Need for  the Guidelines:

  • Visual media and films often stereotype differently-abled persons, perpetuating discrimination.
  • Stigmatisation and discrimination profoundly impact the dignity and identity of persons with disabilities.
  • There is a need to shift from the outdated medical model of disability, which views it as a personal tragedy, to the modern social model.
  • The social model attributes stereotypes and mockery due to a “lack of familiarity” with disabilities.

 

About the guidelines:

  • Creators should provide accurate representations of disabilities, avoiding mockery and myths.
  • Terms like “cripple” and “spastic” stigmatize disabled persons and should be avoided.
  • Discourse should be inclusive, not alienating.
  • Creators of films and visual media should aim for accurate representations of medical conditions to prevent misinformation.
  • Visual media should depict the diverse realities of persons with disabilities, highlighting both challenges and successes.
  • Authorities should involve persons with disabilities as key stakeholders on statutory committees, especially under the Cinematograph Rules, to protect their rights.

 

Way forward

  • The court noted that not all speech that entrenches stereotypes violates individual dignity; context, intention, and overall meaning must be considered.
  • Chief Justice Chandrachud distinguished between “disabling humour” and “disability humour” to support accurate and respectful representation.
  • The United Nations Convention on the Rights of Persons with Disabilities requires authorities to take in the “lived experiences’ ‘ of the group concerned.

 

 

Disability 

  • The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) defines “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments.
    • Which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others“.
  • There were around 26.8 million persons with disabilities, constituting 2.21% of India’s total population (2011 Census).
  • At an all India level, 34% of the total disabled population is reported as ‘workers’

 

Safeguards for disabled persons 

  • Constitutional safeguards 
      • Preamble: The Preamble seeks to secure social (as also economic and political) justice to all citizens along with equality of status and of opportunity.
      • Article 41: The State must secure the right to work, education, and public assistance within its economic capacity, addressing unemployment, old age, sickness, disablement, and undeserved want.
      • Article 46: The State must promote the educational and economic interests of weaker sections and protect them from social injustice and exploitation.
      • Eleventh Schedule (Article 243-G): Social welfare, including for the handicapped and mentally retarded (Entry 26).
      • Twelfth Schedule (Article 243-W): Safeguarding interests of weaker sections, including the handicapped and mentally retarded (Entry 09).
  • Legal provisions 
      • The Mental Health Act, 2017
      • The Rehabilitation Council of India Act, 1992
      • Rights of Persons with Disabilities (RPWD) Act, 2016

  • Welfare Schemes 
    • Accessible India Campaign:based on the principles of the Social Model of Disability, which means disability is caused by the way society is organised and not by the person’s limitations and impairments.
    • Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP):
    • Deendayal Disabled Rehabilitation Scheme (DDRS):NGOs are provided with financial assistance for running their projects for the rehabilitation of persons with disability.
    • The National Policy For Persons with Disabilities, 2006
Print
Apply What You've Learned.
Prev Post Two Villages In Rajasthan Prefer Not To Be Classified As Urban Areas
Next Post Water Governance in India