By Matters India Report
New Delhi, Jan 22, 2020: A recent international consultation in New Delhi has urged governments to enact laws to abolish all forms of discrimination based on disability.
“The states and civil society ought to recognize disability as a form of human diversity and part of humanity,” asserted more than 150 academicians, lawyers and human rights activists at the January 17-19 meet held at the Jesuit-managed Indian Social Institute.
The consultation came up with the “Delhi Declaration on Human Rights of Persons with Disabilities 2020” that wants governments to abolish laws that disqualify the differently-abled from holding public offices, among others steps.
The declaration urges governments to involve persons with disability in setting up “open and inclusive processes” that ensure no regressive laws and policies are enacted.
“The main objective of the declaration is to further strengthen laws, policies, institutions, principles, doctrines, processes, standards and practices, for the realization of human rights of persons with disabilities,” the participants explained.
Given below is the Delhi Declaration:
DELHI DECLARATION ON HUMAN RIGHTS OF PERSONS WITH DISABILITIES 2020
Indian Social Institute Delhi held a three-day International Consultation on Human Rights of Persons with Disabilities from 19th January 17-19, 2020.
1. States and civil society ought to recognize United Nation’s Convention on the Rights of Persons with Disabilities (UNCRPD) as a supreme principle shaping laws and institutions for the recognition, protection and enforcement of human rights and fundamental freedoms of persons with disabilities in letter and spirit.
2. Since indicators of Sustainable development Goals explicitly refer to disability, all the States ought to formulate comprehensive policies and programs for their attainment in respect of Persons with various disabilities.
3. The States and civil society ought to recognize disability as a form of human diversity and part of humanity taking full account of intersection of disability with other characteristics and situations such as gender, sexual orientations, race, caste, religion, language, place of birth, age, refugees status and poverty.
4. States ought to set up open and inclusive processes with the full involvement of persons with disability to ensure that regressive laws and policies are not enacted.
5. All States shall constitutionally abolish and outlaw all forms of discrimination on the ground of disability.
6. States and civil society ought to recognize the legal capacity of PWDs on equal basis with others as a matter of human dignity and provide full support to exercise the same.
Besides the above Universal Principles, the Declaration also seeks to address normative framework for National Legal system
7. Pursuant to principle 4 above, Constitution of India must explicitly abolish and outlaw all forms of discrimination on the ground of disability.
8. Disqualifications on the ground of disability attached to holding of public offices ought to be abolished and outlawed.
9. Consequent upon the concluding observations of UNCRPD Committee to the initial report of India dated 29 October 2019 on Clause 3 of Section 3 of the RPWD Act, 2016 which provides “No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim” , India ought to immediately take steps to “Amend the Constitution to explicitly prohibit disability-based discrimination and repeal section 3 (3) of the Rights of Persons with Disabilities Act, ensuring that its legislation recognizes direct and indirect disability-based discrimination and multiple and intersecting discrimination as faced by persons with disabilities ;”
10. The tripartite division of disabilities in India under the RPWD Act into persons with disabilities, persons with benchmark disabilities and persons with high support needs is fundamentally inconsistent with the social model of disability explicitly obligated by UNCRPD and therefore India ought to immediately take appropriate steps to eliminate this tripartite classification.
11. The doctrines of transformative constitutionalism and constitutional morality as a part of interpretative practice of judiciary must be informed with the human rights of persons with disabilities.
12. With a view to comprehensively realize the human rights of PWDs regarding matters of local concerns, it is undesirable that the Parliament should have the exclusive powers to meet all their needs and aspirations; therefore India ought to suitably amend entry 9 of the State List (Relief of the disabled and unemployable) , in the Seventh Schedule read with Articles 245 and 246 of the Indian Constitution, to reflect the local rights and enabling conditions and evolution of enabling and appropriate environment for PWDs.
13. With a view to address the differentiated circumstances and conditions of persons with various disabilities, a single legislation is an ineffective and inadequate means to attain the goal of equal concern and respect for persons with various disabilities; therefore every legislation must reflect the cross cutting normative dimensions of a human rights law for persons with various disabilities.
14. Bound by the principle of legislative integrity, it is unlawful to deny right to free and compulsory education to PWDs under Right to Education Act. Therefore India ought to suitably amend existing legislations to eliminate all forms of discriminations including discrimination on the ground of disability. With a view to address the special situations, conditions and circumstances of persons with various disabilities, the appropriate government ought to authorize the extension of age relaxation policy in the matters of education as well as employment.
15. As one of the State parties to the UNCRPD, Government of India is under obligation to create open, accessible and inclusive structures, institutions, and processes in all spheres of life with a view to achieve goal of universal design.
16. In response to Paragraph 1(a) of Article 4 of UNCRPD (To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention), in addition to existing provisions in RPWD ACT 2016, Government must establish a high power committee representing the majority of PWDs with a view to identify incompatible provisions in different laws and take adequate steps to make the same compatible with UNCRPD.
17. With a view to implement the obligations incurred pursuant to Article 29 of UNCRPD, ( Participation in political and public life) India ought to take appropriate steps to suitably amend the Constitution of India to secure political representation to persons with various disabilities in all representative institutions from Parliament to panchayat.