IASbhai Daily Editorial Hunt | 16th Sep 2020
When something is important enough, you do it even if the odds are not in your favour.– Elon Musk
EDITORIAL HUNT #139 :“Exclusionary Mindsets and Disability | UPSC“
Exclusionary Mindsets and Disability | UPSC
Rahul Bajaj is a Judicial Law Clerk at the Supreme Court of India
Impediments to equal productivity, dignity
Doing right by disabled professionals is still considered more a favour than as affording them their right to full inclusion
SYLLABUS COVERED: GS 2 : THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016
Exclusionary mindset and the inability to recognize the disabled as rights-bearing citizens contradicts equal treatment for all. Discuss -(GS 2)
- Everyday Pain of Disables
- Data Access
THE EVERYDAY PAIN
- EXCLUSION : The everyday pain of being excluded from a whole host of normal life activities.
- FINDING DIGNITY : The challenge of having to constantly find ways of living with equal productivity and dignity as others which the able-bodied often simply do not have to think about.
- STEREOTYPES : Even so, sometimes, one is overcome by the hot, white anger of something so irredeemably unfair that it cannot be just treated as one of the thousand cuts the disabled face everyday.
DIGNITY AND DISABILITY STATUTES
- RIGHT TO LIFE : The State shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others.
- DISCRIMINATION : 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.
- LIBERTY : No person shall be deprived of his or her personal liberty only on the ground of disability.
ACCESS TO A DATABASE
- MASSIVE GAP : Appropriate tools and resources, are incapable of achieving and what they are allowed to achieve, on account of the multiple impediments placed in their path.
- ONLY DATABASE : This database is the only online supplier of true copies of judgments.
- BARRIERS : SCC Online has accessibility barriers — unlabelled links, search filters which cannot be applied with screen readers, and the text of judgments being inaccessible due to security settings.
- PRODUCTIVITY : This incident vividly brings to light two fundamental issues that prevent the disabled from leading lives of equal dignity and productivity.
AN EXCLUSIONARY MINDSET
- B.K. PAVITRA VS. UNION OF INDIA : SC – Our benchmarks will define our outcomes. If this benchmark of efficiency is grounded in exclusion, it will produce a pattern of governance which is skewed against the marginalised.
- V. SURENDRA MOHAN VS. STATE OF TAMIL NADU : Supreme Court of India held last year,that ‘Tamil Nadu’s policy, of reserving the post of civil judge only for people whose percentage of blindness does not exceed 40-50%, was rational and reasonable.
- IMPACT : It ruled that a judicial officer has to possess a reasonable amount of sight and hearing to discharge her functions.
- ESSENCE OF VERDICT : It accepted the claim that impaired vision makes it impossible to perform the functions required of judicial officers.
- RIGHT TO PROFESSION : Instead of starting with the premise that a blind person is as much entitled as anyone else to freely choose what profession they wish to pursue.
- FILTERING BARRIERS : Any barriers on their path must be attenuated, it instead starts on the premise that the existing ways of doing things will always remain the way they are, so tough luck to those whom they exclude.
COMPLIANCE ON ACCESSIBILITY
- PUBLIC IMAGINATION : Doing right by the disabled is still widely considered a function of the goodness of one’s heart, a favour that constitutes one’s good deed for the day.
- INCLUSION IS KEY : The project of affording them full inclusion and access is not thought of as their right which everyone must help vindicate.
- DISABILITIES ACT : Section 46 of the Act requires all service providers, public or private, to comply with the rules on accessibility framed by the State.
We sing praises of the disabled who achieve success despite the obstacles placed on their path, we do not pause to reflect on what it is that makes it so hard for them to succeed in the first place.
SOURCES: THE HINDU EDITORIAL HUNT | Exclusionary Mindsets and Disability | UPSC