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Download PDF About 35 years after adoption of the constitution enshrining equal rights and status for every citizen, around one crore disabled people across the country remain deprived of fundamental rights due mainly to government negligence.
Though a law titled “Bangladesh Disability Welfare Act, 2001” was passed in 2001, it could not be implemented in the last six years in absence of a set of rules.
Legal experts say that the act itself is fundamentally flawed and it calls for some major amendments. It does not even have clear-cut definitions of disability.
The non-government organisations working with disability have already proposed a number of amendments to the law. Their proposals were based on comparisons between the disability laws in different countries.
In the developed countries, the state ensures basic rights and status for the people with disabilities. It provides them with allowance and jobs in both private and public sectors.
“In our country, successive governments had been indifferent to meeting the needs of people with disabilities. But the present one is working sincerely to secure the rights of the disabled people,” said MA Hye Howlader, social welfare secretary and also a vice-president of the national coordination committee for the disabled persons.
Talking to The Daily Star recently, he said, “Though late we are doing the job. Earlier, the government officials won’t even bother to attend meetings of the national coordination committee regularly.
“I hope the rules that have already been drafted will be approved by this year.”
He added, “We are aware of the proposed amendments. Our country has signed the United Nation’s convention on the rights of the persons with disability and the agreement now awaits ratification by the advisory committee.”
That the government does not have the exact number of people with disabilities and that no public census has ever been done in this regard bear testimony to government apathy over the years.
The people with disabilities have troubles even getting registered for national identity cards.
According to a census conducted a couple of years ago by different NGOs the number of people with disabilities in the country stands at 90 lakh.
The situation in education sector is another example of government negligence. So far only 1,335 children with disabilities have access to education. SWID, a non-government organisation, provides education facilities for another 7,500 children. For the programme, it receives 80% of its budget from the government.
“People make fun of my child when we go on an outing while the government has been fiddling with our miseries by neglecting the issue over the years,” said Ayesha, mother of a physically disabled boy.
Experts say the basic rights of the disabled people could not yet be ensured as only social welfare ministry is entrusted with the job whereas at least 30 ministries need to work in this regard.
Access to special treatment and training facilities, rehabilitation and employment could not be confirmed as the ministries like education, labour and employment have not been made legally responsible for dealing with the issue.
The government even could not begin its work with the disabled at district and upazila levels as the disability law does not involve the local government and rural development ministry in the task.
The government, however, has formulated an action plan this year involving 40 ministries with the work for the disabled populace, but the experts believe it would not be of much help as the ministries have yet to be made legally bound to perform the duties in this regard.
Referring to different flaws in the Bangladesh Disability Welfare Act, 2001, legal experts say the act defines disability rather ambiguously. Besides, it does not specify the diverse needs and rights of the people with disability.
“If the rights were specified in the law and action against violator of the rights made clear, the issue will become legal rather than only constitutional,” said Supreme Court lawyer Dr Naim Ahmed.
The law describes disability descriptively and flatly. It should have had a more complete description containing income status of the disabled people and the reasons for their inability to earn.
Besides, the experts say, the law does not differentiate between a mental patient and a person with mental disability. The difference is that with proper medication and treatment a mental patient could be cured while mental disability is incurable, they added.
To shed light on the shortcomings of the disability welfare law, legal experts mentioned examples of laws in different countries.
For instance, the law in Sri Lanka specifies the rights for the disabled people.
In the United Kingdom (UK) it is unlawful for organisations to discriminate (treat a disabled person less favourably, for reasons related to the person’s disability, without justification) in employment; access to goods, facilities, services; managing, buying or renting land or property; education. Businesses must make “reasonable adjustments” to their policies or practices, or physical aspects of their premises, to avoid indirect discrimination.
In the United States, the government extends protection to anyone with (A) a physical or mental impairment that substantially limits one or more of the major life activities of an individual, (B) a record of such an impairment or (C) being regarded as having such impairment.
The Americans with Disabilities Act (ADA) ensures a number of financial and care support services including Incapacity Benefit and Disability Living Allowance.
It also includes that organisations like retail businesses, movie theatres, and restaurants must make “reasonable accommodation” arrangements for people with different needs.
Unfortunately, the disability act in Bangladesh does not provide for action against those violating or abusing the rights of the disabled people. It does not have any provision ensuring accountability of government officials and employees.
The act also does not say anything clearly about employment or rehabilitation of the disabled segment of the population. It does not have any provision for building up trained manpower to help them.
The government has a 10% quota of public service jobs for those with disabilities. But the private institutions have yet to be made legally obliged to ensure access to employment for them.
December 9th, 2007 at 11:06 pm
The disabled are victims of their ill fates.
Grant them equal right in all job sectors.
Treat them kindly.
Thank you