Adopted at the 20th Congress of the CPI(M), Kozhikode, April 4-9, 2012
Demand to Make Rights of Disabled Justiciable
The 20th Congress of the Communist Party of India (Marxist) expresses its deep concern and anguish at the continued violation of the rights of persons with disabilities.
The recent incidents where disabled passengers were deboarded or humiliated is a case in point. Everyday thousands of disabled citizens face varying degrees of difficulties, harassment, humiliation when in public spaces because of the lack of facilities, insensitivity and stigma. Even though disabled women are particularly vulnerable to sexual harassment, police stations in the country have neither the facilities nor the staff to deal with the complaints.
The 20th Congress holds that despite in name being equal before the law, persons with disabilities continue to be discriminated and deprived of basic rights like health, education, livelihood, social security, access and political and civil rights.
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 has proved to be ineffective and toothless because there is no monitoring mechanism or provision to punish those who violate the law. Consequently, the rights of persons with disabilities are violated with impunity and violators more often than not go scot free. The guidelines issued by various agencies/authorities also continue to be disregarded.
Provisions need to be made to make violation of rights of the disabled an offence and penal provisions be provided for.
The 20th Congress of the Communist Party of India (Marxist) demands effective legal intervention and penal provisions to make offences against the rights of the disabled justiciable.