In Mizoram, effective implementation of the RPwD Act remains a pipe dream

THE RIGHTS OF PERSONS WITH DISABILITIES (RPWD) ACT, 2016, which came into full force from April 19, 2017, has promised to counter the various hurdles and struggles faced by persons with disabilities and also to bring about their inclusive development in the country. Through this Act, provisions of equal opportunity and equity to persons with disabilities became possible so as to make them live a life on an equal basis with able-bodied persons in society. 

The RPwD Act replaced the Persons with Disabilities (‘PwD’) Act, 1995 and the list of disabilities was extended to twenty one types, increasing from the previous list of seven types of disabilities. Once it came into full force, the Union government advised all the state authorities to take necessary plans and measures for the effective implementation of the Act. 

The Act also came into force in Mizoram, which became the twenty third state of India in 1987 and the Office of the State Commissioner for Persons with Disabilities, Government of Mizoram has been tasked with the strict invigilation and proper implementation of this Act in the state. Under the leadership and guidance of State Commissioners for Persons with Disabilities, notable changes and improvements started to happen for persons with disabilities.

The reservation of seats for persons with disabilities in government employment has risen from three per cent to four per cent and the Commissioner office has taken strict vigilance on whether the government implements this policy in every advertisement of their recruitment processes. The fruits of these reservations have been tasted by many intellectuals and aspiring persons with disabilities in the state who, through their talents, skills and hard-work combined with reservations in employment were able to occupy certain high-ranking government jobs. 

The Mizoram Public Service Commission grade A officer posts have also started to be filled by highly capable persons with disabilities due in part by the measures taken by policy makers. Grievance Redressal Officers (‘GROs’) have been appointed by the authorities in Mizoram for persons with disabilities in most of the government offices. The appointment of these GROs have enabled persons with disabilities in the state to lodge complaints on issues faced by them such as instances of injustice and discrimination. The steps taken by the State Commissioner have also resulted in the establishment of ramps to enable easy access for persons with disabilities in many government offices and educational institutions within the state. The measures taken by the government under the RPwD Ac have started to shatter barriers and obstacles that previously stood in the way of progress for persons with disabilities.

However, a further inquiry and in-depth analysis reveal a different picture. Even though reservation of posts in government recruitment has increased and these posts are being filled by capable persons with disabilities, a ground-level analysis shows that the effectiveness of RPwD Act is yet to be tasted and experienced by persons with disabilities who do not belong to creamy layers. 

The effectiveness of the Act cannot be measured only in terms of providing reservations and appointment of GROs.  It transcends well beyond that. It is important to note that there are seventeen chapters and 102 sections and successful implementations of only some selected areas cannot lead to labelling the RPwD Act  a success. Section 3 (1) of RPwD Act has stated that persons with disabilities should be provided with equal opportunity so that they may live a life full of dignity and respect with others. A grounded theoretical analysis of 163 women with disabilities in Mizoram has shown that most women did not enjoy equal opportunity along with others in society and they have stated that they did not enjoy equal dignity and respect as others. The main areas where equality is not present is in the field of education, vocational training centers and absence of recreational activities. Further, most of the women did not attend high school level of education and mainly stopped at primary level. The exclusive nature of mainstream schools, denial of admission, lack of sufficient special schools and inaccessible entrance of schools have contributed to low enrolment rate and lower educational status of these women. 

Mercy*, a twenty one year old woman with muscular dystrophy asked, “‘How do you expect me to have a high school degree when I can not even attend schools? Schools and educational syllabus in Mizoram are still not inclusive and their exclusive nature has deprived us of our growth and progress.”-

The government needs to implement stricter policies to mandate greater inclusivity in schools such that all schools, colleges and universities have accessible entrance or ramps. The syllabus should be inclusive in nature and options for course selections should be made available for persons with disabilities. Mizoran also has only a limited number of vocational training centers for persons with disabilities and the courses taught in these institutions only benefit certain types of disabilities such as blindness and hearing impairment. Hence, adjustments in these areas are highly needed so as to see through the effectiveness of the RPwD Act.

Section 19 of RPwD Act, 2016 ensures the provision of skill training to persons with disabilities and the right to provision of loans and micro-credit to them at concessional rates. However, a careful analysis reveals the failure of these provisions as most women under study did not receive any type of vocational training nor were they aware of the existence of such training centers in Mizoram. Awareness from the part of the government is still limited with regard to the existence of these centers and besides, the eligibility criteria, the admission process and the types of training offered are vaguely publicised. This factor, combined with the low digital literacy rate of the women with disabilities prohibit them from receiving skill training which led them to experience financial struggles. 

”Vocational training centers for persons with disabilities? This is the first time that I heard about such places,” said Sheela*, a twenty year old woman with hearing impairment, “Had I known them before and made aware of it, I would’ve already joined the courses and receive some skills to help me earn a living.” 

Thirty three year old Anita*, who has chronic neurological conditions told me that she had been trying to receive loans from major banks in the state but to no avail, “I have heard about the loans and micro-credit for persons with disabilities in theory but in practice, I haven’t had any success yet. I wish the government could turn theories into practices soon, in terms of loans and micro-credits.”

The women I spoke to were unable to make efficient use of loans and micro-credits for persons with disabilities as most of them had not heard about them and did not even know the process to acquire them. The provisions of loans and micro-credits for persons with disabilities can uplift their socio-economic status as the amount can generate enough capital to help them set up their business or entrepreneurship activities. Provision of loans should go together with vocational training centers, as after trainees are trained in the skills, loans and micro-credit may be provided to help them stand on their own. This process will also help them to catch a fish instead of solely giving fish to them everyday.

Success only in some areas of the law cannot brand the RPwD Act, as a successful and effective legislation. Mizoram still has a long way to go and several milestones to achieve since on a deeper analysis, most of the provisions of the law are yet to be properly implemented and the effectiveness has not been felt by persons with disabilities themselves. 

The effectiveness of the Act will only be observed through equally laid-out implementation and invigilation by the concerned authorities of the government. Hence, even though many parts of the laws have not been effective yet, the passage of time may reveal the successful implementation of the Act through combined efforts by the state governments, authorities and the general public.