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Disabilities And Human Rights

Human Rights and Disability

What one thinks about ‘Disability’ …

Disability conceals behind it a loosely connected heterogeneous group of many disabilities. For instance, being a woman, low caste, poor and ethnic minority are some commonly perceived disabilities. And across the cultures, persons having physical or intellectual challenges are also considered disabled, though are rarely counted amongst those requiring protection against discrimination for equal enjoyment of rights and citizenship. In all, Disability is a relative term.

National Commission left out intellectual disables…

Social values, norms and attitudes are not static and are liable to change, depending on a wide range of factors and forces that operate at macro and micro level. The National Commission to review the ‘Working of the Constitution’ (2001) suggested extending the prohibited heads of discrimination to include ethnic or social origin, colour, age, language, political or other opinions including property and birth. However, disabilities on account of physical and intellectual challenges have not been included in the recommended list of prohibited heads of discrimination.

Medical Definition

As per section 2(t) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Disability means ‘ persons with disability means a person suffering from not less than forty percent of any disability as certified by a medical authority’.
The disabilities that have been listed in Section 2 include blindness; low vision, hearing impairment, locomotor disability/ cerebral palsy, mental retardation, mental illness and persons cured of leprosy.
The World Health Organisation describes disability ‘as any restriction or lack (resulting from an impairment) of ability to perform an activity in the manner or within the range considered normal for a human being’. Thus disability tends to be couched within a medical model, identifying people...