The Barrier-Breaking Battle of Tamil Nadu’s Disabled Community
A look at the uphill struggle faced by differently-abled individuals in electoral politics in Tamil Nadu
Breaking Down Barriers: A Historic Moment in Tamil Nadu
In September 2021, the spotlight shone on A Kavitha, a 42-year-old hearing-impaired resident of Navamal Kapperi village in Tamil Nadu's Villupuram municipality, as she contested the local body election. This pivotal moment marked a significant victory for the State's differently-abled community, showcasing resilience and determination in the face of adversity.
Kavitha's journey was not without obstacles. Back in 2011, her first attempt at entering the political arena was thwarted when the State Election Commission rejected her nomination under Section 33 (3) of the Tamil Nadu Panchayats Act, 1994. This discriminatory provision barred individuals with hearing or speech impairments from seeking public office. However, following widespread protests by disability rights activists and advocacy groups, the Act was amended in 2012, opening the door for individuals like Kavitha to pursue their political aspirations.
A History of Inclusion and Activism
India has a rich history of inclusive elections, with visually impaired Sadhan Gupta paving the way as one of the country's first disabled politicians. Despite Gupta's pioneering efforts in becoming a Member of Parliament in 1953, the disabled community's representation in electoral politics has remained woefully inadequate over the decades.
In Tamil Nadu, the disabled community has long been marginalized, with demands for attention often met with apathy. A report in The Hindu from December 2014 highlighted the lack of disabled-friendly infrastructure, even within government institutions. The challenges faced by people with disabilities extended to the electoral process, with inaccessible polling booths and non-inclusive procedures hindering their ability to exercise their franchise effectively.
Challenges in Accessibility and Implementation
Despite efforts by the Election Commission of India (ECI) to enhance accessibility for voters with disabilities through initiatives such as mapping PWDs by polling station and providing Braille features on Electronic Voting Machines (EVMs), ground-level implementation remains a significant hurdle. Smitha Sadasivan, a member of the Disability Rights Association in Tamil Nadu, emphasized that mere physical ramps do not make polling booths truly disabled-friendly.
The Rights of Persons with Disabilities (RPWD) Act of December 2016 mandates comprehensive accessibility measures, yet the lack of a separate voter list for disabled individuals and incomplete recognition of different types of disabilities by the ECI underscore the gaps in the system. The absence of formal sensitization and training for booth officers further compounds the challenges faced by disabled voters in exercising their democratic rights.
Advocacy and Empowerment: Shaping a More Inclusive Future
In recent years, organizations like the December 3 Movement have played a pivotal role in advocating for the rights of people with disabilities in Tamil Nadu. The Movement's efforts culminated in India's first-ever conference for PWDs in 2018, drawing the participation of key political leaders and activists committed to advancing the cause of inclusion.
Individuals like Tamilarasi A., an independent candidate with an 80% locomotor disability, have bravely stepped into the political arena to challenge societal norms and advocate for greater representation of disabled individuals in decision-making positions. Tamilarasi's call for reserved seats for disabled people in legislative bodies reflects a broader push for political participation and empowerment within the community.
Roadblocks to Progress: Legal Ambiguities and Attitudinal Shifts
Rajiv Rajan, a disability law consultant, highlighted the restrictive nature of existing laws that hinder the political participation and overall empowerment of disabled individuals in India. Outdated legal frameworks, such as the Indian Contract Act of 1872, fail to account for advancements in assistive technologies that have significantly enhanced the capabilities of people with disabilities.
Moreover, the persisting use of insensitive language by politicians when referring to opponents from the disabled community, as noted by Smitha Sadasivan, perpetuates stigma and hampers the community's willingness to engage in politics. The changing electorate mindset towards electing disabled candidates reflects a growing recognition of the value and perspective that differently-abled individuals bring to governance and policymaking.
Embracing Diversity: A Call for Inclusive Governance
As Tamil Nadu's disabled community continues to navigate the hurdles of electoral politics, the push for inclusive governance and policy reform remains critical. By addressing systemic barriers, advocating for legal reform, and fostering a more inclusive political landscape, the State can unlock the full potential of its diverse citizenry and build a more equitable future for all.
Breaking Barriers: Disability Rights Activists Push for Political Inclusion
According to Deepak, stereotypes and stigma are no longer factors that hinder citizens' judgments about who they vote for. "Of the 49 people who contested in 2021, nine won. And of the 40 who did not win, one person contested in Velachery and secured nearly 200 votes," he said.
Advocacy Efforts and International Treaties
For transformative change, Deepak stressed the need to politicise the disabled sector, clarifying that this extends beyond mere participation in politics. His efforts with the December 3 Movement encompass intra-party political engagement, sector politicisation, and advocacy for democratic and electoral reforms.
Tamil Nadu has a network of disability rights organisations such as the National Platform for Rights of the Disabled, the Disability Rights Alliance Tamil Nadu, and the Tamil Nadu Association for the Rights of All Types of Differently Abled and Caregivers (TARATDAC). After the 2021 conference, the December 3 Movement issued the Chennai Declaration urging a mandated 5 per cent reservation for disabled individuals in all local government bodies under the Panchayat Raj Act.
Interestingly, it was only in 1993 that a separate Directorate for the Rehabilitation of Differently Abled Persons was established in Tamil Nadu, by partitioning the Directorate of Social Welfare. The following year, the Tamil Nadu government released a comprehensive policy for the welfare of PWDs in the State. In 1999, in accordance with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995, this Directorate was elevated to the Office of the State Commissioner for the Differently Abled, with an IAS officer as State Commissioner, all thanks to the widespread advocacy efforts of disability rights activists.
Deepak says attempts are ongoing to appoint a disabled individual to the currently vacant Commissioner's position.
Nationally Implemented Measures
The Centre has implemented various measures to facilitate and establish inclusive environments for the community, including ratifying the United Nations Convention on the Rights of Persons with Disabilities (RPWD) Act in March 2007 and enacting The Rights of Persons with Disabilities Act in 2016. But a lot remains to be done, say activists.
Manifesto for and by the Disabled Community
On February 29, focussing on the upcoming general election, disability rights groups, led by the National Centre for Promotion of Employment for Disabled People (NCPEDP) in collaboration with the National Disability Network (NDN), launched a Manifesto For and By Citizens with Disabilities. The manifesto, drafted after gathering inputs from over 10,000 individuals with and without disabilities over the past year, stressed socio-political inclusion as a key demand.
It urged political parties to prioritise the integration of PWDs into their upcoming five-year action plans, proposing that 5 per cent of budgetary allocations be earmarked for them. Also, it called for amending Article 15 of the Constitution to include the term "disability", introducing a 5 per cent reservation for PWDs in governance, and reserving seats in the Rajya Sabha for nominated PWD representatives by the President of India.
Step Forward in Tamil Nadu
In Tamil Nadu, activists and political participants among PWDs are pushing for government-driven initiatives and policies, particularly reservations, to establish an inclusive and equitable space in politics. To position community members as potential electoral candidates, they must first be recognised as essential constituents of the electorate, and accessible voting mechanisms are paramount to achieving this goal, says the community.
According to Tamilarasi, although the prospects of seeing disabled people contest in the forthcoming Lok Sabha election are slim, there is "hope for the years to come in the State Assembly election and Panchayat elections." Although the disabled community in Tamil Nadu has secured hard-won gains, its fight to participate equally in the political landscape is far from over.
Also Read: Reservations in Tamil Nadu: Then and now
Hey, I'm Fateh Muhammad, a Lahore local with a passion for arts and politics. My journey led me through the halls of the National College of Arts, where I delved into the intricacies of both disciplines. Now calling Lahore home, I'm here to share my insights and perspectives on the dynamic intersection of art and politics. Let's embark on this enlightening journey together! Connect With Me .