Is Our Political System Disabled Friendly?
By Dr. Uday Narain Sinha

India is known as the largest democracy in the World. It is supposed that it covers each and every section in its legislation. However, there is a difference to what is written in books and what is in practice. Our leaders are actually not sensitive about National issues. It is therefore, we watched assassinations of our young soldiers in Kashmir in Cargill war. Our political system runs through three theories 1. Gandhi, 2. Reservation and 3. petty politics. It is therefore, we hear hue and cry of women reservation bill in parliament but actually it is only to Katter votes by holders of throne. So is the case of caste based and section based continuing reservation policies and for all these issues, the politicians of India take the shelter of Gandhi as a big banyan tree.

The position like other sector of society in India is of the Disabled persons, who constitute a population of 21906769 as per 2005 senses report.The condition of other developing World is not good in respect of the Disabled persons.
It is therefore, A Convention of U.N. for the Rights of Persons With Disabilities concluded with a draft treaty duly signed and accepted on September 1, 2006 by all States. This did not come at once. There was a hectic debate in respect of the same in the following heads:-

Cautious optimism as talks on UN disability treaty near end - 25 August 2006

UN human rights chief offers support for adoption of disability treaty - 23 August 2006

Progress made in talks on UN disability convention but differences remain - 21 August 2006

Youth with disabilities strive to inspire and educate through UN treaty process - 18 August 2006

Proposed treaty to protect persons with disabilities will help them – chair of UN talks - 15 August 2006

Proposed UN convention on disabled rights close to fruition as negotiations resume - 14 August 2006

UN talks to complete treaty on rights for persons with disabilities to resume Monday - 13 August 2006

Finally as Mr. Thomas Schindlmayr on 27 August 2006 stated that

– After five years of negotiations, countries meeting at United Nations Headquarters in New York have agreed on a new treaty to protect the rights of persons with disabilities.

“This is the first convention of this magnitude for this century,” UN General Assembly President Jan Eliasson said after the agreement was reached late Friday. He told the negotiators that they were conveying to the world “the message that we want to have a life with dignity for all and that all human beings are all equal.”

Proponents of the convention maintained that the treaty was necessary because persons with disabilities represented one of the most marginalized groups and that their rights had been routinely ignored or denied throughout much of the world.

Brief Salient features of the Convention text:- Recalling U.N. Charter inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world, this convention was held.

Thus the purpose of the convention’s adopted text is: of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

The principles of the present Convention shall be:

(a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;

(b) Non-discrimination;

(c) Full and effective participation and inclusion in society;

(d) Respect for difference and acceptance of disability as part of human diversity and humanity;

(e) Equality of opportunity;

(f) Accessibility;

(g) Equality between men and women;

(h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

Highlighting the fact that the majority of persons with disabilities live in conditions of poverty, and in this regard recognizing the critical need to address the negative impact of poverty on persons with disabilities, this agreement was accorded in between all the Countries, which further states in positive approach for Block quote start
Recognizing the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms, Convinced that a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities will make a significant contribution to redressing the profound social disadvantage of persons with disabilities and promote their participation in the civil, political, economic, social and cultural spheres with equal opportunities, in both developing and developed countries,

These and some other important parts are inferred in forty article text in this convention have been accepted by all participant countries on September 1, 2006.

Question rises whether India would accept this as the part of its legislation and thus having such a large population to have a representation of their own? Whether thus the disabled shall have a stage in legislation too? May be answered under doubts like women reservation bill. Even the present accepted Act of Persons with Disabilities Equal Opportunities Full Participation of 1995 was adopted by Parliament under pressure of alien Countries, so these principles shall have values easily to our political masters may be considered to be shrouded in mysteries. If wee peep into the present Act, we would find that it is like directive principles of the State policies given in the Constitution. It has no force in it. The whimsical judges of High Court or other Courts seldom recognize it for the simple reason because it has no force in it. There is no provision of Contempt of Court in it. The present Act does not speak as to how 3% reservation shall be implemented. It does not speak of the implementation of it in our political system. It is not above the level of caste politics. Our Associations hence while presenting their demands weigh it through the policies adopted for other reservation class but they seldom think that disability is an issue which is above such level.

If a person with disabilities wishes to enhance the capacities, the Act has affirmative action under section 42 of it but it is a text only. It is never adopted or if it is adopted by some places, it is through the measurement of economy without thinking that if a person has become a prey to disability, he or she has become very economically backward.

We talk much of democracy but in fact the ideal of it may be seen in United Kingdom where a representative of Royal National institute for the Blind is in Legislature. If this thing could happen in India too, there is least possibility of discrimination against disabled, which we have watched recently as cruel approach of Maharashtra Police and have witnessed it in Uttar Pradesh Government’s approaches in many cases highlighted by media