International Day of Persons with Disabilities: Upholding rights of persons with disabilities

This year, as we observe the International Day of Persons with Disabilities on Dec 3, with the theme “Amplifying the leadership of persons with disabilities for an inclusive and sustainable future”, it’s time for governments worldwide to take a look at the progress made through their policy interventions. Since its inception in 1992, this global observance has served as a powerful reminder of the need for action, urging nations to adopt fair and just laws that integrate persons with disabilities into state apparatuses. 

In line with international commitments, the government of Nepal has enacted a range of laws aimed at improving the lives of its differently-abled citizens.  The Constitution of Nepal guarantees fundamental rights and includes provisions designed to ensure an inclusive society, offering explicit provisions for the empowerment and integration of persons with disabilities.    

Constitutional scenario

Articles 16 to 47 deal with the provisions relating to fundamental rights. Under the chapter of fundamental rights, there appears a good deal of progressive provisions, which could be taken as part of socio-economic rights plus civil and political rights.  

Article 18(2) provides that no person shall be discriminated against on the ground of disability. Article 31(3) provides that disabled persons have the right to seek free education up to a higher level. Article 39(9) obliges the state to provide special protection and benefits to disabled children. Article 42 provides that the differently-able persons would have the right to participate in the state bodies on the basis of the principle of proportional inclusion. Article 43 guarantees the right to social security as well.  Article 84(3) obligates the political parties to take into account the question of proportional representation to persons with disabilities while fielding the candidacy under the proportional electoral system.  

Disability law

The government of Nepal has adopted the Rights of Persons with Disabilities Act in 2017 to defend the rights of persons with disabilities. The preamble of this law provides that the Act has been brought into force to respect civil, political, social and cultural rights of differently-abled persons. 

Under Section 2(b), “persons with disabilities” has been defined. It provisions that a person who has long-term physical, mental, intellectual or sensory disability or functional impairment or existing barriers that may disallow him/her to participate equally in social life would be considered as “Persons with Disabilities.” Again, if such persons who don’t have anyone to look after and don’t have any property or family members to stand by, then such persons would be called “helpless persons with disability”, as provided under Section 2(a).

Ministry’s role

The “Ministry of Women, Children and Senior Citizens” is entitled to make alterations in the classification of disabilities. The local body is entrusted with the power to make an enquiry into the application demanding the issuance of disability identity card.  If an application for such a card is not entertained by the local bodies, then a complaint could be made before the ministry within 35 days and the decision made by the ministry on such a matter would be final.

Reorienting rights    

In the third Chapter, the Act provisions a plethora of rights to persons with disability. For instance, Section 7 provides that the persons with disabilities would avail all rights guaranteed under the laws on equal basis with others. 

Section 7 prohibits every form of discrimination and aims to promote equality. Section 8 slams discrimination. 

Moreover, they have all the right to stand in elections. However, the law is silent on mandatorily ensuring reservation in electoral seats to persons with disabilities. It means the law does not oblige the political parties to mandatorily field a certain number of such candidates under First-Past-the-Post category. 

They have the right to free legal aid. In addition, they have the right to information, social security and right to movement without any distinction. The children of this group would have the right to obtain education, proper teaching and a learning environment. But, our schools, hospitals and public vehicles are yet to become friendly to disabled persons.  

State investment

Section 21 provides that the government-aided schools would provide scholarships to them. Section 22 obliges a duty on the government to allocate a budget for ensuring free education to disabled students. The law emphasizes the importance of proper infrastructural developments in schools to ensure that students with disabilities have a fair opportunity to grow and succeed. However, our school buildings are yet to be developed accordingly.  

The law obliges the government to provide proper training regarding skill development and employment opportunities to persons with disabilities. If the person with disability wishes to establish or operate business, the government would have to provide loans at accessible interest rates. 

Chapter 7 deals with health, rehabilitation, social security and entertainment. Section 28 casts an obligation on the government to ensure free medical treatment at government hospitals to such persons who don’t have sufficient means. Also, the government should provide therapies including free therapy and occupational therapy. 

The law mandates government hospitals to provide free medicines to persons with haemophilia. The hospitals operated with more than 25 beds are directed to designate at least two beds for patients with disabilities.         

The law has introduced schemes for “restoration” and “rehabilitation” as well. 

Schemes and policy interventions

The law hosts ample provisions guaranteeing amenities and benefits to persons with disabilities. Section 37 envisages that the government would provide loans at accessible interest rates, and also provide assistance in agriculture and generate employment opportunities for them.

Section 37(2) provides that the persons with disabilities would get 50 percent of relaxation in fare in public transports. They would receive complete or partial relaxation in taxation in excise, custom duty or any other forms of taxes in equipment, vehicles, education materials, among other goods and services used by them. 

The organizations, banks and other types of institutions providing employment opportunities to persons with disabilities would get relaxation in loans. Also, the government would provide free education to the issues of such persons. 

The “National Direction Committee” has been envisaged under the ninth chapter. The “Minister for welfare of women, child and senior citizens” acts as its chairperson. The committee is entitled to make recommendations for the betterment of such a group of persons. Also, it has been empowered to oversee the effective implementation of the policies and laws and programs running for the promotion of the rights of such people. 

This committee could be constituted at the provincial level under the Minister looking after the welfare of disabled citizens. At the local level, a coordination committee has been envisaged under the Mayor. The coordination committee is empowered to recommend the local body to grant Identity Cards to persons with disabilities. 

This way, the law provides a shared responsibility of the Center, provinces and local bodies to implement the laws enacted to upkeep the rights and concerns of persons with disability.  

Way forward 

The Act is a step ahead in the right direction, for the law intends to advance the rights and concerns of persons with disabilities. It obligates the state to introduce schemes for reservation, rehabilitation and restoration. However, the law is yet to introduce a robust mechanism for positive discrimination for ensuring political representation in legislative apparatuses.