HARMONISING UNCRPD AND INDIAN LAW FROM THE PERSPECTIVE OF

THE DEAF

HARMONISING UNCRPD AND INDIAN LAW FROM THE PERSPECTIVE OF

THE DEAF

Presented by Arun C RaoExecutive DirectorThe Deaf Way Foundation

Presented by Arun C RaoExecutive DirectorThe Deaf Way Foundation

The backgroundThe 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 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 backgroundThe 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.

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.

DEFINITIONDEFINITION

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.

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.

DEFINITIONDEFINITION

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;

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 “Deaf” person or a hearing and speech impaired person.

The PWD ActThe PWD Act

Mentions deafness on 4 occasions.No mention of sign languageNo mention of interpretersNo mention of captioned TVThese are the big ticket items we

need to be able to be equal participants.

Mentions deafness on 4 occasions.No mention of sign languageNo mention of interpretersNo mention of captioned TVThese are the big ticket items we

need to be able to be equal participants.

RecommendationsRecommendations

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

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 languageThe 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.

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 JUSTICEACCESS 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.

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 JUSTICEACCESS 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.

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.

MOBILITYMOBILITY

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

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 INFORMATIONACCESS 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.

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 INFORMATIONACCESS TO INFORMATION

We have proposed fresh legislation with regard to the TV manufacturing guidelines

Also amendments to the broadcasting regulations

We have proposed fresh legislation with regard to the TV manufacturing guidelines

Also amendments to the broadcasting regulations

EMPLOYMENTEMPLOYMENT

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.

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.

EMPLOYMENTEMPLOYMENT

DEAF CHILDRENDEAF 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 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 childrenDeaf 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.

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.