Ratification of UNCRPD by India

The UN Convention on the Rights of Persons with Disabilities (UNCRPD) was opened for signature on 30th March 2007. India was amongst the 80 countries that signed their acceptance on the very first day. However, India did not ratify it on the same day even though the Union Cabinet had approved the signing and the ratification of the Convention on 29th March 2007, according to the Press Information Bureau Report.

No Sign of Ratification – Disparities in Views

In July 2007, it had been four months since the signing of the Convention, however, there was no action being taken on the part of the Ministry of Social Justice & Empowerment (MSJE), the nodal Ministry for disability, to get the Convention ratified. National Centre for Promotion of Employment for Disabled People (NCPEDP) tried to find out the reasons for India not ratifying the Convention. There were disparities in views within the sector. Some were optimistic and said it will happen in due course of time. Some said that various laws will be amended first, particularly, The Disability Act, 1995, before the ratification is done!

The National Consultation on The U.N. Convention on the Rights of Persons with Disabilities was inaugurated by Justice J.S. Verma, former Chief Justice of India's Supreme Court and also former Chairperson of India's National Human Rights Commission.

National Consultation

NCPEDP then organised a two-day National Consultation on 27th & 28th July 2007 in New Delhi to bring together all concerned people to discuss and build consensus on the issue. The participants included Indian representatives/officials who were involved in the drafting of the Convention, Disabled People’s Organisations (DPOs), people with disabilities, Civil Society Organisations (CSOs), Government, legal experts, etc.

The Great Debate - What is to be done first? Ratification of UNCRPD or Amendments to The Disability Act

The Government representative at the Consultation, Mr. Ashish Kumar, Joint Secretary, Ministry of Social Justice & Empowerment (MSJE) was of the opinion that by making appropriate amendments to The Disability Act 1995, one would be able to take care of a lot of concerns which are included in the UNCRPD. He said that the Ministry is therefore focusing on getting the Amendments to The Disability Act first.

Mr. Ashish Kumar, Deputy Director General, Ministry of Social Justice and Empowerment presenting the Government of India's point of view.

However, Mr. Javed Abidi, Honorary Director, NCPEDP and Convenor, Disabled Rights Group (DRG) was of the view that amending The Disability Act and building the spirit of the Convention into the Act was one issue and ratification of the Convention, which India had internationally committed to, was a totally separate issue. Amending of The Disability Act will take time whereas ratification, which has already been approved by the Cabinet, can be achieved very quickly. He was of the opinion that the focus should be clearly on getting the ratification done first. He also said that after the ratification, India is bound to do the amendments not just to The Disability Act, but also to all the policies and legislations that relate to disabled people, as per Article 4 of UNCRPD.

Mr. Colin Gonsalves, Executive Director, Human Rights Law Network (HRLN) added to the argument and said, “India had taken a unique and progressive position from 1979 onwards when the Supreme Court held that the international Conventions add to the rights of the citizens and it can be immediately enforced in Indian Courts without local legislations”. This provided the much-needed clarity that ratified Convention is a law and can be enforced even without amending the domestic laws. Hence the conviction became stronger that the ratification should be done first.

Justice J.S. Verma at the inauguration with NCPEDP's Honorary Director, Mr. Javed Abidi.

According to Justice Verma, Former Chief Justice of India and Former Chairperson, National Human Rights Commission (NHRC), said that using the various rights under the Indian Constitution, using the High / Supreme Court and the National Human Rights Commission, one can start enforcing the various provisions of UNCRPD. He cited the Vishakha Judgment that defines sexual harassment relying on Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international Conventions. He also stated quite emphatically that we should not lose focus on ratification.

Launch of National Campaign for Speedy Ratification of UNCRPD

The speakers and participants in the two-day Consultation unanimously agreed that ratification of UNCRPD by India cannot be left to happen at its own pace. A sustained collective campaign is needed for speedy ratification. The UNCRPD was initiated and prepared by persons with disabilities and various Governments signed it. The same spirit should continue at the domestic level. Persons with disabilities and others in the disability sector need to have a strategy in campaign mode to ensure that the ratification is done within a stipulated time. The National Campaign for Ratification was launched at the Consultation. It was decided that the top most priority at the moment should be ratification of UNCRPD by India, till it is achieved. Read the main recommendations from the National Consultation for speedy Ratification of UNCRPD. Read the full Report of the National Consultation .

‘Gandhigiri’ – An Innovative Way to Protest in India

Ignoring DRG’s demand to focus on ratification first, the MSJE went ahead with its plan to focus on the Amendment to The Disability Act and organised a meeting on 14th August 2007.

DRG first gave a call to the leadership of the disability sector to not attend this meeting. Quite a few leaders ignored the call and decided to attend the meeting. DRG decided to protest by way of ‘Gandhigiri’! DRG members were there outside at the entrance of the venue of the meeting. As the disability leaders went in to attend the meeting, DRG members greeted them with a rose and a copy of a Memorandum explaining once again, DRG’s position. Several people, including senior Government officials, tried to persuade DRG to join the meeting but they declined, politely of course! They stuck to their stand, handing out roses one after the other.

In the Memorandum, Javed Abidi announced his intention to go on an Indefinite Hunger Strike with effect from 2nd October, 2007 – the birth anniversary of Mahatma Gandhi. Thus, indeed, there was a lot of symbolism and huge intensity had got generated.

Read a note on Gandhigiri – An innovative way to protest in India, a press release issued by Javed Abidi, Convenor DRG

Ratification of UNCRPD by India

It may perhaps be a coincidence, but India ratified the UNCRPD on 1st October, 2007, on the eve of the birth anniversary of Mahatma Gandhi. India was the 7th country and the first significant country in the world to ratify UNCRPD.