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Progress Report on United Nations Convention on the Rights Of UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES KEY ISSUES IN INDIA Prepared by DEOC for National Centre for Promotion of Employment for Disabled People (NCPEDP) December 2011 Table of Contents Table of Contents Introduction .............................................................................................. 1 Articles 1-5 and 33: Purpose; Definition; General Principles; General Obligations; Equality and Non-discrimination of People with Disabilities; and National Implementation and Monitoring ....................................................... 7 Article 6: Women with Disabilities ............................................................. 32 Article 7: Children with Disabilities ............................................................. 41 Article 8: Awareness Raising...................................................................... 50 Article 9: Accessibility .............................................................................. 59 Article 10: Right to Life ............................................................................. 79 Article 11: Situations of Risk and Humanitarian Emergencies ......................... 84 Article 12: Equal Recognition Before the Law ............................................... 95 Article 13: Access to Justice .................................................................... 102 Article 14: Liberty and Security of the Person ............................................ 114 Articles 15 and 16: Freedom from Torture or Cruel, Inhuman or Degrading Treatment or Punishment and Freedom from Exploitation, Violence and Abuse ........................................................................................................... 119 Article 17: Protecting the Integrity of the Person ........................................ 129 Article 18: Liberty of Movement and Nationality ......................................... 132 Article 19: Living Independently and Being Included in the Community ......... 137 Article 20: Personal Mobility .................................................................... 145 Article 21: Freedom of Expression and Opinion, and Access to Information ... 153 Article 22: Respect for Privacy ................................................................. 163 Article 23: Respect for Home and the Family ............................................. 167 Article 24: Education .............................................................................. 176 Article 25: Health ................................................................................... 192 Article 26: Habilitation and Rehabilitation .................................................. 205 Article 27: Work and Employment ............................................................ 214 Article 28: Adequate Standard of Living and Social Protection ...................... 227 Article 29: Participation in Political and Public Life ...................................... 236 Article 30: Participation in Cultural Life, Recreation, Leisure and Sport .......... 243 Article 31: Statistics and Data Collection ................................................... 254 Article 32: International Cooperation ....................................................... 260 Article 35: Reports by States Parties ........................................................ 268 Article 49: Accessible Format ................................................................... 270 Annexure 1 ........................................................................................... 272 Annexure 2 ........................................................................................... 275 i Introduction Introduction About India India, officially the Republic of India, is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country, with over 1.2 billion people, and the most populous democracy in the world. India is one of the fastest-growing economies in the world. Economic growth rates are projected at around 7.5%-8% for the financial year 2011-20121. India became an independent nation in 1947 after a struggle for independence which was marked by non-violent resistance and led by Mahatma Gandhi. On 26 January 1950, India became a republic and a new constitution came into effect under which India was established as a secular and a democratic State. The uniqueness of India lies in its diversity. There are people of various regions, religions, socio-economic background, castes and tribes living in the country. India is a federal union of states, comprising of 28 States and seven Union Territories (UTs). The States and UTs are further subdivided into districts and so on. As per Census 2011, there are 640 Districts, 5924 Sub-districts, 7,935 Towns and 6,40,867 Villages in India2. There are 22 different languages that have been recognised by the Constitution of India. Article 343(3) empowered Parliament to provide by law for the continued use of English for official purposes. The Population of India The census of the population is conducted every ten years in India. According to the provisional data available for the Census 2011, the total population of the country is about 1.2 billion, with 600 million men and 580 million women. The density of population is 382 persons per square kilometer. The sex ratio is dismal at 940 females per 1000 males. Percentage of the population in the age group 0-6 years to the total population is 13.12%. The literacy rate is 74.04%, with 82.14% men and 65.46% literate women.3 There are no authentic data on number of people with disabilities in the country. The Census 2011 data on disability has not been announced yet. According to Census 2001, 21 .9 million people have disability in the country, which is about 2.13% of the population. The Government of India has admitted that this is 1 Accessed at http://en.wikipedia.org/wiki/Economy_of_India on 5th December, 2011. 2 Accessed at http://censusindia.gov.in/ on 5th December, 2011. 3 ‗Provisional Population Totals: India: Census 2011‘, accessed at http://censusindia.gov.in/2011-prov-results/indiaatglance.html on 12th November 2011. 1 CRPD: Key Issues In India hugely underestimated and that persons with disabilities constitute anywhere between 5 to 6% of our total population.4 The Government of India The President of India is the Head of the State. The Prime Minister is the Head of the Government and runs office with the support of the Council of Ministers who form the Cabinet Ministry. The Indian Legislature comprises of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States) forming both the Houses of the Parliament. Every State has a Legislative Assembly. Certain States have an Upper House called State Legislative Council. There is a Governor for each State who is appointed by the President. The Governor is the Head of the State and the executive power of the State is vested in him. The Council of Ministers with the Chief Minister as its head, advises the Governor in the discharge of executive functions. The Council of the Ministers of a State is collectively responsible to the Legislative Assembly of the State. The Constitution distributes legislative powers between Parliament and State legislatures as per the lists of entries in the Seventh Schedule to the Constitution. The residuary powers vest in the Parliament. The centrally administered territories are called Union Territories. Elections in India India has a federal Government, with elected officials at the federal (national), state and local levels. On a national level, the head of Government, the Prime Minister, is elected directly by the people, through a general election. All members of the federal legislature, the Parliament, are directly elected. Elections in India take place every five years by universal adult suffrage. Elections in India are conducted by the Election Commission of India, the authority created under the Constitution. The Planning Process The Planning Commission of India plans every five years, for various Schemes and Policies, which is termed as the Five Year Plan, for overall development of the people of India. There are also State plans and annual plans and budgets. The Legal System The Supreme Court of India is the apex body of the Indian legal system, followed by other High Courts and subordinate Courts. There is National Human Rights Commission and State Human Rights Commissions. There are also specific commissions for women, children, minorities etc. There is an Office of Chief Commissioner and State Commissioners for Disabilities. 4 Page 130, Chapter 6, Social Justice, Eleventh Five Year Plan. 2 Introduction Context of the Study India ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on 1st October, 2007. It has been over three years since the ratification. Article 35 (1) of the CRPD mandates State Parties to submit a comprehensive report to the Committee within two years after the entry into force of the Convention. It is almost a year past the deadline and India has still not submitted the Report. National Centre for Promotion of Employment for Disabled People (NCPEDP) has been trying to get information regarding the timelines and the process involved in the preparation of the report. No reliable answer was available. NCPEDP was in dilemma whether to start the work on the Alternate/Parallel Report. After a lot of consideration and consultation, NCPEDP felt that it may be useful to undertake an evaluation
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