Context-

In a significant move, the Election Commission of India (ECI) issued a crucial advisory on December 21, urging political parties to adopt disability-sensitive terminologies. This initiative aims at fostering disability-inclusive communication, ensuring accessibility of information, and promoting inclusion within political party frameworks. Against the backdrop of recent instances of national leaders using disability in a demeaning manner during election speeches, the ECI's advisory is a commendable step forward.

The Rights of Persons with Disabilities Act, 2016:

The Rights of Persons with Disabilities Act, 2016, is a cornerstone legislation in India that aims to protect and enhance the rights and entitlements of persons with disabilities. Replacing the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, this act represents a significant stride towards promoting the rights and inclusion of persons with disabilities.

●     Definition of Disabilities: The Act recognizes various disabilities, including physical, intellectual, mental, and sensory disabilities.

●     Rights and Entitlements: It outlines the rights and entitlements of persons with disabilities, including equality, non-discrimination, and full participation in society.

●     Education: Ensures the right to free education up to 18 years of age and promotes inclusive education.

●     Employment: Promotes equal opportunities in employment, prohibits discrimination, and mandates job reservations in government and private sector establishments.

●     Accessibility: Emphasizes barrier-free access in public spaces, transportation, and information and communication technologies.

●     Healthcare: Ensures access to affordable and quality healthcare services.

●     Legal Capacity: Recognizes the right to equal recognition before the law and supports decision-making capacity.

●     Social Security: Promotes social security and welfare measures for persons with disabilities.

ECI's Disability-Inclusive Communication Guidelines:

The ECI's advisory on disability-sensitive communication guidelines is a response to the derogatory language used by political leaders during election campaigns. The guidelines emphasize several key aspects:

●     Banning Ill-Health Terminologies: Stressing the avoidance of ill-health terminologies to prevent stigmatization or marginalization.

●     Dehumanization and Stereotype Prevention: Calling for refraining from dehumanizing portrayals and perpetuation of stereotypes related to PwDs.

●     Legal Implications: Recognizing the legal implications of violating these communication guidelines under section 92 of the Rights of PwD Act.

Benefits of the Guidelines:

●     Promoting Political Inclusion: Encourages the active participation of Persons with Disabilities (PwDs) in politics, aligning with the principles of the UN Convention on the Rights of Persons with Disabilities. Fosters a more inclusive political environment, acknowledging the diverse contributions of PwDs.

●     Enhanced Inclusivity and Accessibility: Facilitates accessibility for PwDs in the political sphere, ensuring that information on political party websites is accessible. Encourages political events to be held at locations with proper accessibility, breaking down physical barriers.

Limitations of the Guidelines:

●     Advisory Nature: The guidelines are advisory rather than mandatory, introducing inconsistency in their implementation. The use of mandatory language in some guidelines contrasts with the discretionary language used in others, requiring a uniform mandate for effectiveness.

●     Exclusion from the Model Code of Conduct: Absence from the official Model Code of Conduct limits the enforceability of these guidelines during elections. Ambiguity exists regarding the consequences of violating certain guidelines, particularly concerning section 92 of the Rights of Persons with Disabilities Act.

●     Ambiguity in Language: Ambiguities arise in the guidelines concerning the usage of specific terms such as “blind,” “deaf,” and “dumb.” Clear definitions and guidance on disability-sensitive language, as outlined in the UN Disability Inclusion Strategy, are necessary to address potential confusion.

Enhancing the Effectiveness of ECI's Guidelines:

Despite the imperative nature of these guidelines, a critical analysis reveals potential areas for improvement. To strengthen their impact, several enhancements are needed:

●     Need for Uniform Mandate: Advocating for a uniform mandate across all categories, providing a consistent and enforceable framework for political parties.

●     Incorporation into Model Code of Conduct (MCC): Urging the inclusion of these guidelines within the MCC to ensure consistency in enforcement. This move would empower the Election Commission to take necessary actions under the Rights of Persons with Disabilities Act, 2016.

●     Addressing Ambiguity in Phraseology: Identifying and rectifying ambiguity within the guidelines, such as providing a detailed list of disability-sensitive words and phraseology.

●     Incorporation of a Chapter on Political Inclusion in the National Policy: Proposing the inclusion of a chapter on political inclusion in the national policy, aligning with international principles. Incorporating a comprehensive chapter aligned with Article 29 of the UN Convention on the Rights of Persons with Disabilities can bridge this void.

●     Creation of a Database on Legislators with Disabilities: Advocating for the collection of data on legislators with disabilities to address the existing gap in representation. Addressing this gap in the upcoming 2024 elections could mark a pivotal step toward the political inclusion of PwDs.

Conclusion:

In conclusion, the ECI's recent advisory on disability-sensitive guidelines for political parties is a pivotal step towards fostering inclusivity. However, to realize the full potential of these guidelines, several enhancements are needed, such as consistent and mandatory language, inclusion in the MCC, and a comprehensive approach to political inclusion within national policies. By addressing these aspects, India can pave the way for a more inclusive political landscape that respects and empowers persons with disabilities. As the 2024 general elections approach, there is a unique opportunity to correct existing anomalies and truly embrace political inclusion for persons with disabilities.

Source- The Indian Express