Context :- 

It seems quite ironic that the Sustainable Development Goals (SDGs) assign a high priority to prevent and overcoming disability, while the Union Budget for 2020-21 allocated a meager amount of Rs 9500 crore for senior citizens and persons with disabilities.

Significance :-

Accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication is important in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms.

Constitutional provisions related to Disability :-

1. Article 15(1) of the Constitution enjoins on the Government not to discriminate against any citizen of India (including disabled) on the ground of religion, race, caste, sex or place of birth. Article 15 (2) States that no citizen (including the disabled) shall be subjected to any disability, liability, restriction or condition on any of the above grounds in the matter of their access to shops, public restaurants, hotels, and places of public entertainment, etc.
2. Article 17: No person including the disabled irrespective of his belonging can be treated as untouchable. It would be an offense punishable in accordance with law as provided.
3. Every person has his/her life and liberty guaranteed under Article 21 of the Constitution and it includes Disabled too.
4. Article 41 of DPSP - The State shall make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness, and disablement.

The link between disability, loss of employment and impoverishment in rural India :-

India has the largest concentration of persons with disabilities who face multiple vulnerabilities and deprivations as the majority population continue to live in poverty. 

• The central argument is that disabilities are likely to rise; they are associated with loss of long duration of employment causing a rise in poverty.
• Data about poverty in disabled. The additional costs of disability increase poverty as the poverty rate amongst households with disabled members increases from 18 percent to 34 percent.  Poor households with disabled members fall seven percent below the poverty line on average when the cost of disability is ignored.

Legislations for disabled persons :-

1. Rights of Persons with Disabilities Act, 2016 The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.  It fulfills the obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory. Disabilities covered: The types of disabilities have been increased from existing 7 to 21. Rights and entitlements:  Every child with a benchmark disability between the age group of 6 and 18 years shall have the right to free education. Additional benefits such as reservation in higher education (not less than 5%), government jobs (not less than 4 %), reservation in the allocation of land, poverty alleviation schemes (5% allotment), etc. have been provided for persons with benchmark disabilities and those with high support needs.For strengthening the Prime Minister's Accessible India Campaign, stress has been given to ensure accessibility in public buildings (both Government and private) in a prescribed time-frame. Guardianship The Act provides for the grant of guardianship by District Court under which there will be a joint decision – making between the guardian and the persons with disabilities.
2. Establishment of Authorities : Broad-based Central & State Advisory Boards on Disability are to be set up to serve as apex policy-making bodies at the Central and State level. Penalties for offenses Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.
3. The Mental Health Act, 1987 Mentally ill persons are entitled to the right to be admitted, treated and cared for in a psychiatric hospital or psychiatric nursing home.
4. The Rehabilitation Council of India Act, 1992 This Act provides guarantees so as to ensure the good quality of services rendered by various rehabilitation personnel.
5. The National Trust for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 for the purpose of the benefit of the disabled.

Government initiatives :-

1. Accessible India Campaign: Department of Empowerment of Persons with Disabilities (DEPwD) has launched the Accessible India Campaign (Sugamya Bharat Abhiyan) as a nation-wide Campaign for achieving universal accessibility for Persons with Disabilities (PwDs). 
2. Indira Gandhi National Disability Pension Scheme (IGNDPS): It aims to assure a respectful life financial assistance are provided to severe and multi-disabled persons who are living below the poverty line.
3. Deendayal Disabled Rehabilitation Scheme (DDRS):- Under the Scheme, funds for the welfare of persons with disabilities are provided to the nongovernmental organizations for projects like special schools for disabled, Early Intervention Centres for Disabled and Rehabilitation of Leprosy Cured Persons, etc.
4. The Rehabilitation Council of India is responsible for creating experts to work with persons with disabilities.
5. National Institutions (NIs):- The Ministry supports seven autonomous National Institutes which provide rehabilitation services and with the overall objective of providing rehabilitation services for different types of disabilities.
6. Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP):- Under the scheme, aids/appliances are distributed to needy persons with disabilities.
7. The Institute of Sign Language: It is an autonomous center of the Indira Gandhi National Open University (IGNOU), Delhi which aims to promote the use of Indian Sign Language as an educational model for deaf students at primary, secondary and higher education levels.
8. The National Handicapped Finance and Development Corporation (NHFDC) provides concessional credit to persons with disabilities for setting up income-generating activities for self-employment.
9. Income Tax Concessions: The Income Tax Act allows deductions from gross total income, before the levy of tax, if medical expenditure has been incurred on the treatment of a differently-abled person under Sections 80DD and 80U of the Income Tax Act.

Concerns: 

• Non-inclusion: The disabled persons come under the care group of the govt. 's development agenda and not under the aspirational group. 
• The Accessible India Campaign (AIC): It is focusing only on urban areas and more money should be allocated towards schemes for a rural disabled population so they have better education and employment opportunities.  Lack of a financial framework has made it defunct.
• Ignoring the newly enacted Rights of Persons with Disabilities Act, 2016: The 2020 Union budget allocates around Rs 251 crore towards the implementation of the 1995 Act, which only covered seven disabilities and not 21 as mentioned under the new Act.  A National Fund for implementation of the Act of 2016  lacks budgetary allocations.
• GST on aids: Goods and Service Tax (GST) is applied to aids and appliances used by persons with disabilities, and there has been no tax exemption for them.
• Ignoring research: National Institute for Inclusive and Universal Design has seen a mere allocation of Rs 1 lakh.
• Indira Gandhi National Disability Pension Scheme (IGNDPS): a small increase of Rs. 50 crore from 2019-20 (BE) will not do justice to the aspirations of persons with disabilities for an adequate standard of living. 
• Ignoring the CRPD committee recommendations to compensate for the additional costs of disability as well as ensuring an adequate standard of living.
• The specific allocation by the Department of Health and Family Welfare sees a decreasing trend in this year’s budget.  The majority of budget allocation has gone to Psychiatric Institutions but there is a lack of transition plan for persons with psychosocial disabilities to live in the community on an equal basis with others.
• Lack of data: The Department of School Education has an inclusive education component under the Samagra Shiksha Abhiyan. However, disaggregated data for the current year is not yet available. This is a key issue in ensuring accountability and monitoring.