India: General situation of physically handicapped persons, particularly in Punjab, including how they are treated by society and the police; any national or state legislation affecting physically handicapped persons; any risks that a young, physically disabled female, who lives on her own in Punjab, might face as a result of her handicap

General Situation in India:

According to voluntary organizations, as of May 1998 India had 60 million disabled people, although the WHO reportedly estimates that ten per cent of India's 1 billion population is mentally or physically disabled (AP 6 May 1998).

The section relating to "People With Disabilities" in Country Reports on Human Rights Practices for 1998 states that

The Ministry of Welfare has principal responsibility for programs for the disabled, and it delivers comprehensive rehabilitation services to the rural population through 16 district centers. A national rehabilitation plan commits the Government to putting a rehabilitation center in each of more than 400 districts, but services still are concentrated in urban areas. The Government reserves 3 percent of positions in official offices and state-owned enterprises for people with visual, hearing, or orthopaedic disabilities. The Government provides special railway fares, education allowances, scholarships, customs exemptions, and rehabilitation training to assist people with disabilities. There is no legislation or otherwise mandated provision of accessibility for the disabled. In June activists held a workshop in Delhi on changing the city's architecture to ensure equal access to roads and public facilities. Save the Children facilitated an international conference in Agra in March to discuss integrating disabled children into the educational mainstream (26 Feb. 1999).

AP reported in May 1998 of the paucity in facilities provided to the disabled in terms of public transport, wheelchairs and other rehabilitation aids (6 May 1998). According to AP, society at large has "long shunned" the disabled and many in India reportedly view disabilities as a "curse of God" (ibid.).

During a 22 August 1998 workshop for deaf women that was sponsored by Dawn and held in Asha Nivas, Chennai (Madras), Tamil Nadu, the participants shared their personal experiences: many had faced rejection from their families, had had their parents insist on horoscope-matching for marriage purposes, were unable to communicate with mainstream society due to a lack of interpreters, and one had been refused a driver's licence (Business Line 31 Aug. 1998).

Prime Minister Vajpayee stated in early January 1999 that "the governments alone could not provide technical education to all and it was still difficult when it came to extend it to the physically handicapped" (The Hindu 4 Jan. 1999). He added that with the assistance of institutions such as the J.S.S. Mahavidhyapeetha, education for the physically handicapped was being achieved (ibid.).

Situation in Certain States of India:

Towards the end of March 1999 an "effective method for treating various deformities of the limbs through the Illizaroy technique" became available at a clinic in a New Delhi hospital in Rohini (The Tribune 28 Mar. 1999).

In Haryana, the end of March 1999 saw the conclusion of a 15-day Ambala limbs project during which time 3700 physically disabled people were provided with free artificial limbs and rehabilitation aids such as hearing aids, crutches and wheelchairs (The Tribune 31 Mar. 1999b). The project was organized by the Ambala Red Cross Society and the Rotary Club (ibid.). Deputy Commissioner Mrs Mavraj Sandhu reported that according to a survey of Ambala district, there were 10,000 handicapped people, including the mentally handicapped and the blind (ibid.).

The town of Nilokheri in Karnal, Haryana, has a "handicapped rehabilitation centre" called Viklang Kalyan Kendra that was founded in 1994 by Bindraban Chawla, himself a paraplegic, and provides boarding and lodging to 26 polio-stricken children aged 6-8 years (India Today 26 Jan. 1998).

The Balaji Institute of Surgery, Research and Rehabilitation for Disabled (BIRRDS Institute), a rehabilitation centre for the physically handicapped, is located in Tirumala in Andhra Pradesh (The Hindu 21 Jan. 1999; ibid. 27 Sept. 1998). Founded in 1975, it has 100 beds and treats polio patients and those suffering from related debilities (ibid.). It has sophisticated equipment in orthopaedics including anthroscopy, total joint replacement, internal and external fixation and spinal surgery equipment (ibid.).

Tirumala, Andhra Pradesh, also has an asylum for lepers called Sri Venkateswara Poor Home, Sri Venkateswara High School for the Deaf, and a training centre for the handicapped (The Hindu 27 Sept. 1998).

In early 1999 Prime Minister Vajpayee inaugurated the Polytechnic for the Physically Handicapped that was established by the institution J.S.S. Mahavidhyapeetha in Mysore, Karnataka state (The Hindu 4 Jan. 1999). This technical polytechnic will train the physically disabled for construction purposes (ibid.). Karnataka state has approximately 350,000 physically disabled people (ibid.).

The Life Help Centre for the handicapped was founded in 1977 in Chennai (Madras), Tamil Nadu, with full German financial assistance, and is "engaged in the education, training and employment" of the physically and mentally handicapped from the local community (Business India 13 July 1998).

Situation in Punjab:

During a 21 March 1999 seminar that was part of an awareness campaign promoted by the Physically Handicapped Association of Punjab, its Chairman Ajit Sailani "demanded rapid implementation of the PWD Act in the state [and] complained that the provision of 3 per cent reservation of jobs in government and semi-government organisations was not being implemented effectively" (The Tribune 22 Mar. 1999). Sailana also claimed that the Punjab Health Department had "failed to launch any programme for the prevention and cure of disability [and] said the department had not collected any data regarding the number of disabled in the state" (ibid.). Balwant Singh, President of the Physically Handicapped Association of Punjab also alleged that "the disabled were being treated in different government offices as third-class citizens" (ibid.).

On 24 March 1999 the Hindustan Petroleum Corporation Ltd (HPCL) Chandigarh held a function at the Nevedac Prosthetic Centre (NPC) at which artificial limbs were distributed to 21 physically disabled people, including four women, under the Scheduled Castes, Scheduled Tribes and Other Backward Classes Component Plan that was introduced by HPCL at NPC that day (The Tribune 23 Mar. 1999a; ibid. 24 Mar. 1999). Rehabilitation aids such as wheel-chairs, tricycles and hearing aids were also distributed to the disabled (ibid. 24 Mar. 1999; ibid. 23 Mar. 1999a)

The Tribune also reported that same day that

The Union Ministry in consultation with the Union Public Service Commission and the Comptroller and Auditor General of India decided to allow relaxation of 10 years in the upper age limit to blind, deaf-mute and orthopaedically handicapped persons for appointment to all civil services or posts under the central government filled through open competitive examinations.

In case of blind, deaf-mute and orthopaedically handicapped persons belonging to Scheduled Castes and Scheduled Tribes, the age concession would be 15 years while for those belonging to other backward classes, age concession will be 13 years.

The upper age limit relaxation rules will not apply for any recruitment process begun before April 1 or to armed forces or paramilitary forces, including Assam Rifles, Border Security Force, Central Industrial Security Force, Central Reserve Police Force and the Indo-Tibetan Border Police (23 Mar. 199b).

On 24 March 1999 The Tribune reported that "with a view to stop discrimination against the disabled, the Punjab Government will constitute a "high-power board," which would have "judicial powers to tackle the problems related to the disabled."

At the end of March 1999 the Chandigarh Mahila Parishad, in collaboration with the Prayas Mahila Sangh, launched a "search drive" amongst the blind and the disabled to identify those with musical talent in Indian classical and semi-classical music (The Tribune 31 Mar. 1999a). During a 30 March 1999 function in Maloya presided over by the Chairperson of the Chandigarh Social Advisory Board, Mrs. Kamla Sharma, musical instruments were handed out amongst the physically disabled and she promised them special training facilities (ibid.).

Legislation Affecting the Disabled:

The Protection of Human Rights Ordinance, 1993 was repealed and replaced by The Protection of Human Rights Act, 1993, No. 10 Of 1994 (India 1994). The legislation does not identify or describe human rights nor prohibited grounds of discrimination.

In 1996 Parliament adopted the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, which "provides for integration of the disabled with the social mainstream by ensuring non-discrimination in build[ing] environment, through measures such as ramps, adaption of toilets for wheel chair users, and braille symbols and auditory signals in elevators" (The Hindu 21 Aug. 1998; Business Line 31 Aug. 1998).

In August 1998 the Ministry of Urban Affairs and Employment was reportedly considering amending the building by-laws to ensure that buildings and facilities used by the public are equally accessible to the physically disabled (The Hindu 21 Aug. 1998).

The Industrial Disabilities Act allows disabled people to demand equal opportunities in the workplace (AP 6 May 1998).

The Indian Government grants tax breaks to industries that employ mentally or physically disabled people (AP 6 May 1998).

The Central Government has reserved three per cent of jobs for the physically disabled (Business Line 31 Aug. 1998).

In February 1999 a divisional bench of the Madras High Court ruled that "physical handicap is not a disqualification to hold a post if the candidate is otherwise suitable for the job" (The Hindu 20 Feb. 1999).

In a March 1999 seminar that was part of an awareness campaign promoted by the Physically Handicapped Association of Punjab, Mr. R.L. Kalsia, Punjab Director of Social Security, Women and Child Development, stated that the Punjab government would be making many amendments to The Equal Opportunities Protection of Rights and Full Participation Act of 1995 (The Tribune 22 Mar. 1999). Mr. Kalsia also stated that the Punjab government would implement the PWD Act, 1995, effectively, which would "go a long way in the rehabilitation of the disabled" (ibid.).

The Research Directorate is unable to ascertain the extent to which these laws are actually in practice.

No information on potential risks related to her disability that a young physically disabled woman living alone in Punjab could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Associated Press Worldstream (AP). 6 May 1998. "Bombay, India." (NEXIS)

Business India. 13 July 1998. Sujatha Padmanabhan. "Worthy of Emulation." (NEXIS)

Business Line. 31 August 1998. "India-No Longer Silent Spectators." (NEXIS)

Country Reports on Human Rights Practices for 1998. 26 February 1999. United States Department of State. Washington, DC. United States Government Printing Office.

The Hindu [Chenna/Madras]. 20 February 1999. "India-Physical Handicap Not a Disqualification-High Court." (NEXIS)

_____. 21 January 1999. "India-Sonai to Address APCC Convention." (NEXIS)

_____. 4 January 1999. "India-Poverty Hindering Spread of Literacy-PM." (NEXIS)

_____. 27 September 1998. "Tirumala Tirupati Devasthanams-A Mini Government." (NEXIS)

_____. 21 August 1998. "India-Steps to Ensure Barrier-Free Environment for Disabled." (NEXIS).

India Today [Delhi]. 26 January 1998. Rohit Barihar. "A Paraplegic Shows Fellow Polio Victims How to Overcome Their Difficulties." (NEXIS)

The Tribune [Chandigarh]. . 31 March 1999a. "Search for Talented Blind Musicians"

_____. . 31 March 1999b. "Artificial Limbs, Crutches for 3000."

_____.  . 28 March 1999. "Technique for Treating Deformities."

_____. . 24 March 1999. "21 Get Artificial Limbs."

_____. . 23 March 1999a. "HPCL to Help Disabled."

_____. . 23 March 1999b. "10-Year Age Relaxation for Disabled."

_____. . 22 March 1999. "Government Plans Board to Help Disabled."

Additional Sources Consulted

India. 1994. The Protection of Human Rights Act, 1993, No. 10 Of 1994. Date into force 08 January 1994. [NOTE: This is the official text as published by the National Human Rights Commission in New Delhi.] (REFWORLD)

Ministry of Welfare, New Delhi.

Electronic sources: NEXIS, REFWORLD.