Javed Ahmad Tak
As per census 2011 our state has around 361000 population of persons with disabilities but various researches depict that our state has around 6 lakhs population of persons with disabilities with 120000 orthopaedic disabled persons and around 90000 persons facing mild to severe types of mental illness disabilities. Orthopaedic disabilities are on a lager scale due to the armed conflict and allied political disturbances. The frontier districts in our state are worst hit areas where Shahura and Hatlanga villages in Bandipur district where one person with disability in can be found every house hold.
Blindness also is at a high as per census 2011 around 68000 persons with blindness are there in the state. 92777 persons in JK have speech and hearing disabilities. Out of total 361253 disabled population there are 233973 persons with different types of disabilities belonging to Kashmir province and 127180 persons with different disabilities in Jammu province. In Kashmir province the males have 55.51% of disability and females have 44.49% of disability. In Jammu Province the male ratio is 58.91% and female ratio is 41.09%
Persons with disabilities in J&K face immense barriers. They thus do not enjoy access to society on an equal basis with others, which includes areas of transportation, employment, and education as well as social and political participation.
Education
In order to provide facilities to these disabled persons the Department of education established resource rooms. The resource rooms were established to provide education to them through, Braille, sign language and other techniques under concept of relaxed curriculum but the resource persons or special educators employed through state project director Sarva Shikhsha Abhiyan are working in different offices and those resource rooms are defunct. The children with disabilities mostly blind and deaf who were taking benefit of these special educators are now in schools where the general line teachers too are worried about how to create inclusive educational system for these children with disabilities. The access to educational services needs to be extended to a larger extent so that disabled students must be able to fulfil their educational needs in schools and participate on an equal basis with other students.
Employment
On the one hand, we have less educational facilities but on the next side a larger number of youth with disabilities who overcome immense challenges and attain higher qualifications with the support of parents, caregivers, friends and relatives etc, face difficulties to attain employment. The recruiting agencies like Public service Commission and State Services Recruitment Board ignore the recruitment of educated youth with disabilities. Even there is no mention of disability category in the notifications of these recruiting agencies. It is very odd that recruiting agencies of our state compel eligible youth with disabilities to compete with non disabled/open merit candidates and only after passing screening test they are eligible to seek reservation. Hundreds of cases for seeking loan under National Handicapped Finance Development Corporation schemes are pending in the district offices of SC/ST/OBC board in Jammu and Kashmir State. Demanding complicated procedures, like guarantors, mortgages and interviews, youth with disabilities get discouraged and instead establishing business and enjoying economic rehabilitation, they are compelled to live a dependent and charity oriented life. Employment and work should be prioritized over the pension given through social welfare department.
Social Security & Rehabilitation
It is important to keep in mind that disability is part of the human condition, and that all of us either are or may become disabled to one degree or another during the course of our lives. Government of J&K has been providing social security pension to many underprivileged sections of society. Persons with disabilities get Rs. 400/- per month pension under Social Security Scheme. During Budget session Minister for Finance announced increase in the monthly pension in case of severe disabled people, but so far the order has not been implemented. In many states in our country the social security pension is around 1000 in case of mild to moderate type of disabled people but in case of severe disabled people the social security pension amount is Rs 2000 in order to meet various medical and social needs. As the budget session is approaching in J&K, Minister of Finance Department is humbly requested that separate Budget Allocation may please be made for enhancing the social security pension so that persons with disabilities can meet their special needs.
For skill development the Vocational Rehabilitation centre for persons with disabilities was established in Srinagar some decade back, with the mandate to empower persons with disabilities by giving them skill trainings and earn for life with dignity. But the centre was accommodated in a hut in campus of government polytechnic college Srinagar. The centre failed to provide skill training to even 100 persons with disabilities. The centre was fully damaged in 2014 floods and Centre Government has now proposal to wind it off.
Accessibility
This year the sub theme for International Day for Persons with Disabilities is making cities inclusive and accessible for all. Persons with disabilities in Jammu and Kashmir state face barriers and have almost no access to Government buildings, hospitals, educational institutions, courts, footpaths and transport. Even the concerned offices where persons with disabilities have to reach for the redress of their grievances lack ramps, elevators, signs boards and other forms of accessibility thus persons with disabilities do not reach these places independently or with dignity. In many districts the construction projects are on to construct mini secretariat buildings, polytechnic colleges, Degree college buildings, Courts, Hospitals, Schools and other rural infrastructure but there are no accessibility provisions for the disabled people in the infrastructure. Even the civil secretariat in Srinagar and Jammu lack the basic ramp facility at entry point. Many buildings recently constructed near the hub of administration / civil secretariat Srinagar are non disabled friendly. In many buildings the ramps have been built at the backside thus segregating persons with disabilities. University of Kashmir, Islamic university of science and technology and many government and private colleges have under construction infrastructure but less attention is paid to create inclusion by non provision of appropriate access for students, staff and other visitors with disability. Central University campuses, AIIMS campuses and IIT IIM’s should have 100% disabled friendly infrastructure. Many projects are under construction like Hospitals buildings, Legislative complex, state library building, Human Rights commission building, Mubarak mandi complex, District court complex Srinagar, Bandipur, samba, Kulgam and pulwama, various railway stations and many other buildings throughout state they need simple changes in their architectural design in order to be disabled friendly or accessible for all. Under a scheme Sugamaya Bharat (Accessible India campaign) under the Ministry of Social Justice and empowerment around 50 buildings in all capital states are going to audited for making them disabled friendly. Our state should take lead in the campaign to make to make more buildings disabled friendly.
Rehabilitation of Severe disablities
Persons with mental disabilities have been completely living dependent life in our state. Some persons with mental disabilities have been living a dependent life without attention and care. Some stray here and there without any guardianship. Nobody is showing concern even when the problem was shared with various concern headquarters. Various youth and middle aged persons with mental disabilities are seen near shrines, bus stops and in an open in all odd weather conditions. National Trust Act 1999 has been in vogue throughout country. It is only in J&K, state that National Trust Act – 1999 has not been accepted. Some existing rules are the cause of disability but the rule that can help in rehabilitation of severe and uncovered category of disability is not accepted. Various times the Act was brought to legislative assembly but always at the bottom of the list of discussion with least priority. National Trust Act has so many schemes that can provide shelter, health and insurance facilities to the persons with mental disabilities. It is the need of the hour to accept and implement the law which is fully sponsored by central government funds.
Disability Certificate
The issuance of disability certificates is looked after by the Health department. The disability certificates are issued through medical board in the district hospitals. The doctors in the Board should be sensitised to issue the disability certificates to the deserving persons with disabilities only. There are some cases where in the medical board has issued fake disability certificates and the underserving people take benefit of these disability certificates to grab various jobs. Thus the right of deserving persons with disabilities is snatched by the physically fit people. The mechanism of keeping the record of the disability certificates issued by the medical board should be strengthened so that the verification of disability certificates is done in a proper way. Such mechanism will weed out the fake disability certificate holders. The district medical boards should assess the persons with disabilities at ground floor and the specialists needed viz ophthalmologist, ENT specialist, psychiatrist and others should be available. The persons with disabilities should not be referred to other places for assessments that gives them more pains and put them in risks.
Some Historic decisions were taken by the Governor Administration during Governor’s rule in J&K but their implementation is still pending.
Appointment of full time disability Commissioner in our state was long pending demand for redressal of grievances of persons with disabilities. Finally after years of advocacy the Governor of J&K gave green signal to the appointment of full time disability commissioner, the office and staff for the Disability commissioner was also given sanction. But so far the disability commissioner has not assumed the office. All the persons with disabilities have been pleading for disability commissioner since March 2016. As per JK persons with disabilities Act – 1998 the Commissioner for Disabilities should be the official of the state not below Secretary Level. Present appointed Commissioner is of Special secretary level hence Law Department didn’t approve the appointment.
Country has ratified UN – convention on the Rights of persons with disabilities and bound to endure the development of all citizens with disabilities. Our state has passed JK Disability Act – 1998 with the mandate (Equal Opportunities, protection of Rights & Full Participation). The Act has been beneficial only for three common disabilities that is Movement, Seeing & Hearing & speech (Blind Deaf & Mute & Locomotor disabilities). Thus the multiple disabilities, mental disabilities were not getting benefits. National Trust Act was enacted in Country in 1999 to cater the demands of Autism, Cerebral Palsy, Mental Retardation and Multiple Disabled persons. But in our state the Act was not enacted, despite number of representations, protests and signatory campaigns. Finally on 23rd of March 2016 the Governor of J&K accorded assent to the “Jammu and Kashmir State Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple disabilities Bill, 2016”. Besides empowering persons with such disabilities to live independently, this Act will enable the State Government to ensure timely interventions and mediations for mitigating the genuine problems persons with mental and severe multiple disabilities facing highest level of discrimination and social stigma. Still the rules have not been framed for the proper implementation and the state trust body has not been formulated so far.
Total Males Females
Total number of disabled 361153 204834 156319
persons in J&K 56.71% 43.29%
Seeing Disability 66448 35656 30792
Hearing Disability 74096 42744 31352
Speech Disability 18681 11351 7330
Movement Disability 58137 35145 22992
Mental Disability 16724 9798 6926
Mental Illness 15669 8810 6859
Multiple Disability 44441 24478 19963
Other Disabilities 66957 36852 30105
Total Rural 273952 154892 119060
Total Urban 87201 49942 37259
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