India’s Disabled Population
Impairment:
- It is a general phrase that encompasses participation constraints, activity limitations, and impairments.
- An impairment is an issue in the structure or function of the body;
- An activity limitation is a challenge that a person faces when carrying out a task or action.
- A issue that an individual faces when participating in circumstances in life is known as a participation constraint.
India’s Constitutional Frameworks for the Disabled:
- Within the parameters of its economic capability and development, the State shall make appropriate provisions for guaranteeing the right to labour, education, and public assistance in circumstances of unemployment, old age, illness, and disability, according to Article 41 of the Directive Principles of State Policy (DPSP).
- The state list of the Seventh Schedule of the Constitution contains specifics on the topic of “relief of the disabled and unemployable.”
Disabled people’s problems include:
Existing systems exclude individuals with disabilities since they are intended for people without impairments, leading to the following outcomes:
- greater rates of poverty
- inability to access opportunity and education
- informality as well as further social and financial prejudice.
- There are currently few occupations available for people with impairments due to the restrictive employment environment.
- The way that jobs are now being filled reinforces prejudices that make it harder for people with disabilities to enter the workforce.
- restricted access to jobs and education.
- They are also excluded by some developmental programmes.
- Instead of being seen as autonomous individuals with the capacity to engage in decision-making, they are seen as charitable objects.
Organised bargaining:
- As an alternative to litigation, it is a cooperative, solution-focused method of resolving disputes.
- It entails bringing the noncompliant service provider to the negotiating table and emphasising the advantages of adhering to social welfare laws.
- United States: Because of its widespread applicability, structured negotiation has been particularly successful in resolving issues involving disability rights.
The success rate of it is:
- The following problems have been successfully resolved using structured negotiation:
- Accessible automated teller machines are unavailable.
- The websites of service providers and pedestrian signals.
- It has persuaded CVS, Walmart, and Caremark to design prescription bottles that are accessible for clients who are blind or have low vision.
- It has been successful in promoting institutional change by enabling plans to make websites and voting machines more accessible.
- Avoid the hefty expenses and bad press that come with legal action.
- Complainants seek unobstructed entry into the market.
- It is possible to accomplish both of them through methodical bargaining.
- establishment of a substantial set of precedents in law that favour people with disabilities, providing a solid framework for organised bargaining.
Organised bargaining surfaces as a route for companies to take:
- To make sure they can make their products available without having to deal with the hassles of legal proceedings
- for people with disabilities to access a service that is accessible to them without having to deal with the expense or inconvenience of legal action.
- Any violation of the Rights of Persons with Disabilities Act, 2016 may be reported to the Chief Commissioner for Persons with Disabilities (‘CCPD’).
- The noncompliant service provider is notified by the CCPD.
- It might then order them to make their services available or penalise them for failing to comply.
The Way Ahead:
- One step in the right direction has been the establishment of a special body to handle cases pertaining to disability rights.
- It is unclear how it will actually affect removing obstacles to accessibility in the marketplace.
- PayTM, a digital payments app, was recently ordered by CCPD to make its mobile applications accessible to people with disabilities.
- In the end, the PayTM application became harder to use.
- Any attempt to make digital services real-time accessible to people with impairments necessitates ongoing monitoring and user feedback that can confirm the effectiveness of solutions.
- It can help people with disabilities to voice their concerns to care providers directly and track the implementation of solutions.
- Any alternative conflict resolution model’s likelihood of success is strongly correlated with how much attention these service providers are prepared to give to the needs of people with disabilities.
- According to Helen Keller, optimism is the faith that propels one towards success.
- Structured negotiation should be used by India; companies that choose not to follow suit do so at their own risk.
- They will miss out on the huge purchasing power that people with impairments have.
- even putting the issue of legal compliance on the back burner.
- Companies gave disabled users’ requirements top priority, and showing that they are willing to engage in a formal negotiation would be a significant step in the right direction.
