India needs reasonable accommodation for persons with disabilities

Source: The post India needs reasonable accommodation for persons with disabilities has been created, based on the article “Reasonable accommodations and disability rights” published in “The Hindu” on 22nd July 2024

UPSC Syllabus Topic: GS Paper2- governance- mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections

Context: The article discusses the need for reasonable accommodations for Persons with Disabilities (PwDs) in India. It highlights institutions’ reluctance to bear costs, suggesting an incentive and cost-sharing model to ensure compliance, diminish reluctance, and promote positive outcomes.

For detailed information on SC Ruling to prevent stereotyping and Discrimination of Persons with Disabilities read this article here

What is the Concept of Reasonable Accommodations?

1. Definition: Reasonable Accommodations (RAs) are adjustments that help Persons with Disabilities (PwDs) exercise their rights equally with others.
2. Legal Framework: Defined in section 2.(y) of the Rights of Persons with Disabilities (RPwD) Act, 2016.
3. Examples include building ramps, providing assistive technologies, adapting job roles, and modifying workplace policies.
4. Importance: RAs ensure accessibility and equal opportunities for PwDs.
5. Exemptions: Institutions are exempt if proving RAs cause an undue burden.
6. Undue Burden: The Convention on the Rights of Persons with Disabilities (CRPD) outlines factors to determine undue burden, which institutions sometimes misuse to avoid compliance.
7. Current Scenario: Indian institutions are often reluctant to bear the costs, impacting the rights of PwDs.

Why are Institutions Reluctant to Implement RAs?

1. Cost Concerns: Institutions adopt utilitarian approaches rather than welfare-based approaches, focusing on cost-benefit analysis instead of the needs of PwDs.
2. Prejudices: Institutions often believe PwDs are less productive, leading to reluctance in providing RAs.
3. Undue Burden Defense: Institutions use the “undue burden” clause to avoid compliance, often for expediency rather than genuine hardship.
4. Lack of Awareness: Many are unaware that most RAs can be implemented inexpensively, contributing to their reluctance.

What should be done?

1. Incentives: Offer tax credits, deductions, or subsidies to institutions providing RAs. This reduces financial pressure and encourages compliance.
2. Cost-Sharing: Share costs of RAs with institutions demonstrating genuine financial hardship. The National Fund for PwDs can be utilized for this purpose.
3. Utilize National Fund: Section 86 of the RPwD Act mentions the National Fund for PwDs, which remains underutilized and restricted in scope.Ensure the National Fund for PwDs is continuously funded and optimally used. Designate it as a line item in annual budgets.
4. Uniform Standards: Implement a consistent legal standard for “undue burden” to prevent misuse by institutions.
5. Verification Process: Institutions requesting funds should first prove their inability to afford RAs, considering any incentives already received. The governing body of the National Fund should verify these claims and consult experts to ensure that the RAs requested are necessary and proportional before releasing funds.

Question for practice:

Examine the reasons why institutions in India are reluctant to implement reasonable accommodations for Persons with Disabilities (PwDs) and suggest measures to address these challenges.