bio: Gauri Gharpure studied journalism at Columbia University, New York, on a Fulbright grant. She makes paper jewellery. Follow her on twitter @gaurigharpure
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In a rare show of unity across political parties, the Rajya Sabha on Wednesday passed The Rights of Persons with Disabilities Bill, 2014. The Persons with Disabilities Act of 1995 recognised only seven disabilities ” blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation and mental illness. Now, the proposed bill, with 120 amendments, recognises 21 types of disabilities/conditions like cerebral palsy, haemophilia, multiple sclerosis, autism, thalassaemia, Parkinson's Disease and victims of acid attacks. If passed, it will replace the 1995 Act.
I didn't know that mental illness was already recognised as a form of disability. My ignorance made me aware not just of the huge information gap about mental health and disability issues, but also of the urgent need for creating more information channels about legal rights for those battling various forms of disability. Such lack of awareness results in under-utilisation of government aid and provisions under various schemes. Many benefits remain only on paper either because people are not aware of their rights or are too embarrassed to accept their situation.
The proposed bill increases the reservation quota for jobs to 4 per cent from the existing 3 per cent. Till now, no provision was made for job reservations for those with mental illness. Dr Soumitra Pathare, a consulting psychiatrist with Ruby Hall hospital, Pune, and director of Centre for Mental Health Law and Policy, Indian Law Society Pune, says that while people with mental illness could get disability pension, bus passes, railway concessions, etc; the 1995 Disabilities Act excluded them from job reservation. He says that Wednesday's proposed amendment corrects this unfair exclusion.
Dr Abhijit Nadkarni is a psychiatrist with the renowned Succour-based NGO "Sangath" that specialises in mental health research to design innovative mental-health intervention plans. I asked him if he knew any person who had taken a disability certificate for their mental illness and had applied for government aid or reservation. "Not at all," he replied, speaking in personal capacity. "The main reason is that there is very less clarity on the definitions of mental illness as a disability and work needs to be done. Those with learning disabilities can get a certificate from the Indian Institute of Psychiatry and Human Behaviour here in Goa, or from any other certified organisation, but there is not much clarity about obtaining support for mental illness as compared to the awareness regarding the rights of the physically challenged," he said.
During the proceedings in the Rajya Sabha, Sitaram Yechury (CPI-M) and S C Mishra (BSP) also asked who will be the authority to interpret the definition of disability, whether physical or mental. “There is disability such as speech and language and intellectual capability as mentioned in the bill. Who is the authority to define it,” Yechury asked. Minister of Social Justice and Empowerment Thawar Chand Gehlot responded that a medical board will be formed to define disability. There is scope for more confusion, however. Madhusudan Mistry (Congress) asked if the definition of ‘Mental Illness’ was the same as in the Mental Health Bill passed this August and Gehlot said the definition in the proposed bill was instead based on the United Nations Convention that India signed in 2007.
The proposed bill defines discrimination as “any distinction, exclusion, restriction on the basis of disability” which impairs or nullifies the exercise on an equal basis of rights in the “political, social, cultural, civil or any other field”. However, it condones such discrimination if “it is shown that the impugned act or omission is a proportionate means of achieving legitimate aim”. Disability rights activists fear that this rider may lead to extreme or manipulative interpretations.
In Goa, Sethu Centre for Child Development and Family Guidance (sethu.in) has helped thousands of people with autism and other learning disabilities for more than a decade now. Dr Nandita de Souza, director of Sethu, said that the inclusion of autism, learning and intellectual disabilities within the amended bill was wonderful news because it is much more inclusive than the existing Disability Act. The passage of this bill was long overdue, she said.
Dr de Souza opined that because many more disabilities have been now included, the benefits will reach a wider section of people who suffer discrimination and isolation. "Unlike physical disabilities, autism and learning disability are often 'invisible' and hence not recognised, which makes it much harder for individuals with these conditions to get proper diagnosis and access to services and benefits. Let us hope that the President gives his consent as early as possible, so that the bill can become an Act," she said.
Legal provisions are likely to be made, but I asked Dr Nandita de Souza if she felt that the society was aware or forward enough as of now for people to publicly accept that they have mental health/learning disabilities and apply for government reservation in jobs. "Only a rights based approach will ensure that society moves towards acceptance and inclusion. At Sethu, we come across many families who do not want to say that their child has a disability because they are afraid that the school will ask them to withdraw the child, or their child may not get a job as an adult. In the amended bill such discrimination is liable for strict punishment. There are definite advantages. It will help them overcome fear and social stigma and come forward to avail of what is rightfully theirs," she said.
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