Embracing Responsibility: Addressing the Dual Disadvantage of Women with Disabilities
Introduction
If one asks us to imagine a woman or imagine a disabled person, it is unlikely that the first image that gets formed in our brain is that of their intersection, that is, a disabled woman. Discourse around the rights of women and the rights of disabled has gained much traction, and rightfully so. However, neither the feminist movement nor the disability-rights movement has paid due consideration to the special needs of disabled women. Both these movements have continued to ignore how disabled women are faced with the double burden of being subjected to male gaze along with regressive cultural connotations regarding disability, thereby rendering women as objects to be stared at.[1]
Introduction to the United Nations Convention on the Rights of Persons with Disability (UNCRPD)
The UNCRPD is an instrument that aims to provide persons with disability, who are faced with struggles such as exclusion, unequal treatment and alienation equal and appropriate rights in the society. It follows a human-rights based approach and adopts measures that specifically target the empowerment of disabled peoples’ rights. It is legally binding on the countries that are party to it and they are required to take adequate measures to ensure the Treaty serves its purpose. The Supreme Court has recognised the international norms and principles regarding persons with disabilities in its judgement in Suchita Srivastava v. Chandigarh Administration[2] in the following words, ‘Our conclusions in this case are strengthened by some norms developed in the realm of international law… We must also bear in mind that India has ratified the Convention on the Rights of Persons with Disabilities (hereinafter referred to as ‘CRPD’) on October 1, 2007 and the contents of the same are binding on our legal system.’
On 19th April 2017, the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as ‘RPwD Act’) came into force in India, heralding a similar rights-based approach to disability, in line with the UNCRPD. It has radically expanded the manner in which people with disabilities are led to empowerment and inclusion in Indian society.
Dialogue between UN and India on the Condition of Women with Disabilities in 2019
(i) India’s Initial Report to the Committee
India furnished its report to UNCRPD that was due in 2011 and highlighted India’s various endeavours in the direction of Persons with Disabilities.[3] It talked about constitutional provisions such as Articles 15 and 16 of the Constitution along with Directive Principles of State Policy. It also talked about National Policy for the National Policy for persons with Disabilities, 2006 which endorsed the need for attention to the doubly disadvantaged group by making a distinct section. In addition, the Protection of Women from Domestic Violence Act 2005 provides for the emergency relief to disabled women in the form of a carefully coordinated implementation, protection and prevention mechanism. The Persons with Disabilities Act provides an opportunity to the disabled women to represent their own cause by mandating a minimum number of women in the relevant Coordination and Executive Committees of Centre and State.
(ii) Issues listed by the Committee pertaining to Women with Disabilities in India
The Committee, after scrutinising India’s Report, listed down certain issues they came across.[4]
- Gender-based policies mainstreaming the rights of women and girls with disabilities;
- Measures to mainstream the rights of disabled women and girls across the governmental spectrum, and attempts at the empowerment of disabled women and girls;
- The Participation of women with disabilities in the National and State women’s commissions along with investigation details into violations of their rights.
(iii) India’s Replies to the Issues listed by the Committee
India’s Replies to the List of Issues consists of a wide array of developments carried out by the Indian Government and society in general.[5] It provides information regarding the Rights of Persons with Disabilities Act, 2016 which has been an instrument of greater integration and a mainstreamed recognition of persons with disabilities, and places a certain amount of emphasis on women and girls with disabilities. It also talks about the specific actions of the National Commission for Women taken in the interest of disabled women.
(iv) Concluding Observations of the Committee
The kind of dialogue that took place between India and the Committee under the Treaty comes to a conclusion with the concluding observations furnished by the Committee on the Rights of Persons with Disabilities in 2019.[6] The Committee was appreciative of the constructive dialogue held with the State party’s delegation.
The Committee’s concerns included:
- The multiple and intersectional discrimination that women and girls with disabilities face;
- The disability stereotypes, stigmas and lack of awareness regarding issues faced by women and girls with disabilities;
- The lack of gender-responsive policies and budgeting, also the absence of disaggregated data regarding all areas of life of women and girls with disabilities;
- The barriers to the participation and involvement of disabled women in the policy-making processes.
Finally, the Committee requested the State Party to submit its combined second to fifth periodic report by November 2025 and to provide them information on the implementation of the recommendations made in the present concluding observations.
Recommendations
The UN called on the State parties to implement legal provisions to address multiple discriminations.[7] It recommended a range of measures from temporary ones, like reservations and quotas to long-lasting ones, like reform of law and policy. Changes need to be brought about in order to address the needs of women with disabilities, with respect to education, employment, income-generation, combating crime, health, participation in politics, sports and culture.
The following are some recommendations as an effort in this direction.
(i) Data
(ii) Schemes
(iii) Employment
(iv) Education
- Initiatives, like special incentives to girls, to ensure that girls stay in school and complete their education must be strengthened as the transition rate remains low, especially for children with disabilities.
- The quality of education also needs to be improved through strengthening the system that begins with building the capacity of teacher education institutions alongside a curricular reform.
Conclusion
Judith Huemann said, “If I have to feel thankful about an accessible bathroom, when am I ever gonna be equal in the community?” Any initiative taken in furtherance of the empowerment of the disabled should be aimed at mainstreaming them rather than alienating them from the wider society. The above discussion has shed light on the current status of women with disabilities. India’s next report to the UN Committee on the Rights of Persons with Disabilities is due on 1 November 2025. It is hoped that the government will go ahead to provide special attention to the needs and demands of Women with Disabilities in order to make the advancement of disability rights a holistic effort.
[1] Anita Ghai, Disabled Women: An Excluded Agenda of Indian Feminism, 3 Hypatia (2002).
[2] Suchita Srivastava v. Chandigarh Administration, (2009) 9 SCC 1.
[3] Convention on the Rights of Persons with Disabilities, Initial report submitted by India under Article 35 of the Convention, 2015, 14.
[4] Convention on the Rights of Persons with Disabilities, List of issues in relation to the initial report of India, 2019, 2.
[5] Convention on the Rights of Persons with Disabilities, Replies of India to the list of issues, 2019, 4.
[6] Convention on the Rights of Persons with Disabilities, Concluding observations on the initial report of India, 2019, 4.
[7] Supra note 4.
[8] See: Society for Disability and Rehabilitation Studies, Employment Rights of Disabled Women in India: A Study of Compliance & Impact of the PDA with Special Reference to UP, Rajasthan, Bihar, Maharashtra and Tamilnadu, Sponsored by NCW; Alexis Buettgen, Rachel Gorman, Employment, Poverty, Disability and Gender: A Rights Approach for Women with Disabilities in India, Nepal and Bangladesh in Advances in Mental Health and Addiction 3 Springer (2015).