Indian laws amended to UN standards

HARMONISING UNCRPD AND INDIAN LAW FROM THE PERSPECTIVE OF THE DEAF Presented by Arun C Rao Executive Director The Deaf Way Foundation

The background
The rights discussion has been a long time in coming
In India with a culture that promotes paternal attitudes it is that much harder.
For the deaf the communication barrier is everything.

The background
Being unable to access one’s own family is a terrible way to have to live.
The nature of deafness is such that its invisible and this has been the cause of neglect for the most part.

DEFINITION
The clarity of the definition “deaf and dumb” has been sacrificed on the altar of political correctness.
The deaf are now reporting fraudulent use of provisions for the deaf by hearing non disabled persons.
The term “deaf and dumb” having been replaced with “hearing impaired” has had a negative impact.

DEFINITION
The term used in the law must be ‘hearing and speech impaired’;
The definition of the term hearing and speech impaired must be a person with 60 db hearing loss;
There should be no additional criterion of 40% disability as far as hearing and speech impaired persons are concerned as this creates confusion. The provision should clearly set out that a person with 60 db loss is a person with hearing and speech impairment;
Recommended provision – A hearing and speech impaired person having hearing loss of over 60Db in the better ear shall be termed as a “D e af ” person or a hearing and speech impaired person.

The PWD Act
Mentions deafness on 4 occasions.
No mention of sign language
No mention of interpreters
No mention of captioned TV
These are the big ticket items we need to be able to be equal participants.

Recommendations
A series of recommendations on the patterns of the UNCRPD have been framed.
These are purposed to be included in the “New Disability Act” that is being drafted.
We will of course also give it to the Govt as recommendations for legislation

The Acts on language
Indian Sign Language is the key to the emancipation of deaf people.
The status of sign language must be raised to have the recognition and acceptance it deserves.

ACCESS TO JUSTICE
Laws governing access to justice were seen as vital to safety of the individual.
We have worked on the Indian Evidence Act, Code of Criminal procedure, Code of Civil procedure among others.

ACCESS TO JUSTICE
The rights of a deaf person when interfacing with the justice system have not been considered in current legislation. In fact there is only passing mention of a ‘dumb witness’
Linguistic human rights is an area where not much has been done.

MOBILITY
The deaf are subjected to limited mobility by virtue of not being allowed to drive legally.
This matter is currently sub judice but we have worked on the Indian Motor Vehicles Act

ACCESS TO INFORMATION
Despite having a strong oral policy while dealing with deaf education, the information rights of the deaf have been neglected.
TV has not been made accessible in spite of technology being available
Interpreters are not used in public functions and Govt broadcasts.

ACCESS TO INFORMATION
We have proposed fresh legislation with regard to the TV manufacturing guidelines
Also amendments to the broadcasting regulations

EMPLOYMENT
All laws dealing with employment to provide linguistic access at each stage of the recruitment process and non discriminatory promotion procedures
This process will necessitate changes in procedure across the board which will need to be monitored.

EMPLOYMENT

DEAF CHILDREN
Deaf children have it the worst being the most vulnerable of all.
Delayed linguistic development is the norm
Communication gap making it extremely hard to protect and then defend the child’s best interest/rights

Deaf children
We have worked on laws and procedures with regard to children’s courts and boards dealing with children welfare.
Building capacity in the children’s homes where the State cares for children.

Indian laws amended to UN standards

by Arun Rao

Accessibility

Categories

Upload Details

Usage Rights

1 Embed 1

Statistics