Structured Negotiation- Structured negotiation as a boost for disability rights

Source: The post Structured Negotiation has been created, based on the article “Structured negotiation as a boost for disability rights” published in “ The Hindu” on 8th January 2024.

UPSC Syllabus Topic: GS paper2- governance- mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections.

News: The article discusses structured negotiation as a method to resolve disputes without involving litigation. It also talks about its benefits and implications in India.

What is Structured Negotiation?

Structured negotiation is a collaborative, non-litigious dispute resolution method particularly effective in the realm of disability rights. It involves parties directly negotiating to resolve issues, focusing on achieving compliance with social welfare and accessibility laws without going to court. This approach has led to significant improvements in accessibility, such as in ATMs, point-of-sale devices, and prescription bottles accessible for blind or low vision customers .

Companies like Walmart have adopted it, showcasing its practicality and the broad scope of its application in improving access for the disabled.

What are the benefits of Structured Negotiation?

Avoids Litigation: Structured negotiation circumvents the high costs and negative publicity of court cases. It offers a beneficial outcome for both service providers and disabled individuals.

Institutional reform: It has also been able to drive institutional reform by facilitating strategies for creating more accessible voting machines and websites.

Corporate Adoption: Companies like Walmart, CVS, and Caremark have made accessible prescription bottles, showcasing its practicality.

Inclusive Development: Facilitates a more inclusive society by prioritizing the needs and right of disabled persons.

What are the impacts of Structured Negotiation in India?

Mitigates Legal Delays: Targets the backlog in Indian courts by providing a more efficient dispute resolution process.

Supports National Disability Law: Aids in enforcing the Rights of Persons with Disabilities Act, 2016, utilizing authorities like the Chief Commissioner for Persons with Disabilities to monitor compliance.

Varied Efficacy: Demonstrated by the PayTM incident, where efforts to make the app more accessible for disabled users led to it becoming less accessible. This demonstrates that while structured negotiation has potential, its effectiveness can vary greatly depending on implementation and monitoring. It underscores the importance of consistent, quality execution to truly benefit disabled individuals.

What should be done?

Enhance Monitoring: Implement continuous monitoring and incorporate user feedback to ensure effective solutions.

Legal Advocacy: Strengthen the body of disabled-friendly legal precedents to support structured negotiation.

Increase Awareness: Educate businesses and legal entities about the benefits of structured negotiation to encourage its adoption.

Utilize Authorities: Leverage the role of the Chief Commissioner for Persons with Disabilities to enforce compliance.

Learn from Examples: Reflect on successful implementations in the U.S. to adapt strategies suitable for India’s context.

Question for practice:

Discuss the benefits and impacts of Structured Negotiation in the context of disability rights in India.