Why is it in the News?

Recently, the Election Commission of India released an advisory for political parties to follow disability-sensitive terminologies and be more inclusive of persons with disabilities.

Context:

• On December 21, the Election Commission of India released a significant advisory, encouraging political parties to embrace terminology that is sensitive to disability issues.
• This initiative is designed to enhance communication that is inclusive of individuals with disabilities, guarantee the accessibility of information, and advocate for inclusion within the structures of political parties.
• This proactive measure is especially noteworthy in light of recent instances where national leaders have used disparaging language about disabilities in their election speeches, contributing to the creation of an "attitudinal barrier" as defined by the Rights of Persons with Disabilities Act, 2016.
  • For example, in September 2023, Tamil Nadu leader A Raja compared Sanatan Dharma to people with leprosy and HIV in a derogatory manner.

What is Disability?

• Disability is characterized by a limitation or absence of capacity to engage in typical human activities, often resulting from an impairment.
• According to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), individuals with disabilities are those facing long-term physical, mental, intellectual, or sensory challenges, which, in conjunction with societal barriers, hinder their complete involvement in community life.
• This issue holds substantial importance in public health, particularly in nations undergoing development, such as India.
• The International Day of Persons with Disabilities, marked on December 3rd by the United Nations, is dedicated to globally raising awareness about challenges related to disabilities.

About the Rights of Persons with Disabilities (PwD) Act, 2016:

• An Important Legislative Framework for PwD: This legislation plays a significant role in safeguarding and advancing the rights and privileges of persons with disabilities (PwD).
  • Replacing the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the 2016 Act marks a significant stride toward promoting the rights and inclusivity of persons with disabilities across India.
• Rights and Entitlements: Clearly articulating the rights and entitlements of persons with disabilities, the Act ensures their right to equality, protection against discrimination, and active participation in society.
• Education: The Act guarantees free education for persons with disabilities up to 18 years of age and advocates for inclusive educational practices.
• Employment: Promoting equal opportunities, the Act prohibits discrimination and mandates both government and private sector establishments to reserve a designated percentage of jobs for persons with disabilities.
• Reservation in Higher Education: The Act advocates for the reservation of seats in higher educational institutions for persons with disabilities.
• Special Employment Exchanges: Recognizing the importance of facilitating employment, the Act mandates the establishment of special employment exchanges.
• Accessibility: Highlighting the significance of barrier-free access, the Act stresses the need for inclusive designs in public buildings, transportation, and information and communication technologies.
• Healthcare: Ensuring access to affordable and quality healthcare services, the Act prioritizes the healthcare needs of persons with disabilities.
• Legal Capacity: Acknowledging the right to equal recognition before the law, the Act supports the decision-making capacity of persons with disabilities.
• Social Security: The Act advocates for social security and welfare measures to support the well-being of persons with disabilities.
• National and State Advisory Boards: To oversee effective implementation, the Act calls for the establishment of National and State Advisory Boards.
• Offences and Penalties: Prescribing penalties for offences against persons with disabilities, the Act ensures accessible legal proceedings for their protection.

Important Features of the Disability-Inclusive Communication Guidelines from ECI:

• Prohibition of Ill-Health Terminologies: The guidelines emphasize refraining from using ill-health terminologies when referring to individuals with disabilities.
  • This prohibition aims to counteract the use of language that may stigmatize or marginalize people with disabilities, as demonstrated by instances such as Tamil Nadu leader A Raja's derogatory comparison in September 2023, highlighting the urgent need for corrective measures.
• Prevention of Dehumanization and Stereotyping: Another vital aspect of the guidelines is the call to avoid dehumanizing portrayals and the perpetuation of stereotypes related to Persons with Disabilities (PwDs).
  • Instances of national leaders using disability as a demeaning tool during election speeches underscore the deep-rooted problem these guidelines aim to address.
  • By discouraging language that fosters stereotypes, the guidelines work to dismantle attitudinal barriers identified under the Rights of Persons with Disabilities Act, 2016.
• Recognition of Legal Implications: The advisory acknowledges the legal implications of violating these communication guidelines.
  • Breaches, especially in disability-inclusive communication, could subject political parties and their members to action under section 92 of the Rights of PwD Act.
  • This section, a punitive provision for offences against PwDs, underscores the severity of the issue.
  • Therefore, the guidelines not only aim to enhance communication but also contribute to legal measures protecting the rights and dignity of PwDs.

Ideas to Improve the Effectiveness of ECI's Guidelines:

• Need for a Uniform Mandate: Despite the critical nature of these guidelines, a thorough analysis reveals a potential area for improvement.
  • While guidelines within the disability-inclusive communication category use mandatory language like ‘should’ and ‘shall,’ others, especially those related to inclusion within the political party framework, employ discretionary terms such as ‘may.’
  • To bolster their impact, a uniform mandate across all categories is essential, establishing a consistent and enforceable framework for political parties.
• Incorporate Guidelines into Model Code of Conduct (MCC): These guidelines are not yet part of the MCC.
  • The advisory notes that a breach of guidelines related to disability-inclusive communication could lead to action under section 92 of the Rights of PwD Act, but it remains unclear whether other breaches will invoke this provision.
  • Section 92 serves as a punitive measure for offences against PwDs, and the guidelines should be integrated into the MCC, similar to gender guidelines, to fortify their enforcement.
• Address Ambiguity in Phraseology: There is some ambiguity within the guidelines regarding specific phraseology, such as the mention of words like "blind," "deaf," and "dumb" as incorrect terminologies.
  • While their translation in Hindi or another language might be derogatory, these are technical terms for people with visual, hearing, and speech disabilities.
  • A detailed list of disability-sensitive words and phraseology, aligned with the UN Disability Inclusion Strategy, could guide the ECI in providing clarity.
• Incorporate a Chapter on Political Inclusion in the National Policy: The draft National Policy for PwD released last year lacked a dedicated chapter on political inclusion.
  • The ECI advisory emphasizes that political parties must strive to include PwDs at all levels and adhere to accessibility norms.
  • To catalyze the political inclusion of PwDs, a dedicated chapter on political inclusion should be integrated into the national policy, aligning with the principles of Article 29 of the UN Convention on the Rights of Persons with Disabilities.
• Creation of a Database on Legislators with Disabilities: Currently, there is no data on the number of legislators with disabilities, and the ECI's nomination forms lack a column on disability.
  • This absence of data significantly contributes to the political exclusion of PwDs.
  • The ECI must address this gap, possibly by introducing a column on disability in nomination forms and affidavits during elections, as a second step towards fostering the political inclusion of PwDs.

Conclusion

The Election Commission of India's recent advisory introducing disability-sensitive guidelines for political parties marks a significant stride towards fostering inclusivity in the political sphere. Nevertheless, to unlock the complete potential of these guidelines, key improvements are imperative. These include adopting a uniform and obligatory language, integrating the guidelines into the Model Code of Conduct (MCC), and adopting a holistic approach to political inclusion within national policies. By addressing these facets, India has the opportunity to shape a more inclusive political landscape that upholds and empowers individuals with disabilities.