Persons with disabilities (PWDs) constitute a significant portion of the population worldwide, yet they remain one of the most marginalized and vulnerable populations. Bangladesh faces a huge challenge in ensuring the rights of persons with disabilities, who make up a significant proportion of the population. In 2007, Bangladesh ratified the Convention on the Rights of Persons with Disabilities (CRPD) and, accordingly, enacted the Rights and Protection of Persons with Disabilities Act, 2013, repealing the Disability Welfare Act, 2001, which reflected a major shift in addressing disabilities from a charity-based to a rights-based approach and established the rights of the disabled to protect their dignity and ensured participation in social and state activities.
Section 16 of the Rights and Protection of Persons with Disabilities Act, 2013, along with the rights enshrined in the Constitution, provides as many as 21 rights to the PWDs and in many sections some duties and obligations have been imposed on different committees, from grassroots to national level, for the betterment of the PWDs.
Despite having a strong legislative framework, persons with disabilities, in Bangladesh, face wide-ranging human rights abuses including institutionalization, isolation, stigma and discrimination, and lack of access to health, education, justice and employment opportunities.
The act requires accessibility of the PWDs into all premises, public and private, including open space and buildings and also to use public transport without restrictions. Moreover, Rule 5(5) and 13 of the Building Construction Rules, 1996 and Bangladesh National Building Code Act, 2008 provide specifications for disability-friendly construction.
Though few governmental buildings have ramps and lift for the disabled, most of the public buildings are largely inaccessible to PWDs. On the other hand, there are no audio facilities in any public places making it impossible for a person with visual impairment to access into. Again, the 2013 Act does not specify that buildings, premises and facilities require braille signage to make all private and public structures accessible to the blind.
Section 32 provides for accessibility in all public transport for PWDs with the reservation of 5% of the seats. But, those reservations have no use as an entrance to public transport is not disability-friendly at all and wheelchair access is almost impossible for buses and trains of our country.
Access to justice is another discriminating forum for PWDs. Our courts are not disability friendly. Schedule 12 of the 2013 act requires arrangments by police, prison and court officials to ensure access to justice for 'disabled victims' of violence, but both the Act and Schedule are silent on the procedures required for 'disabled offenders'.
There is no clear procedures or guidance for court officials on how to record witness statements of PWDs with speech and hearing difficulties. Need for the interpreters, in the process of justice, is also ignored. More surprisingly, the Prevention of Women and Children Repression Act, 2000, fails to protect, especially, women and girls with disabilities from all forms of abuse and torture.
The Act refers 'general education' for those studying with non-disabled students and 'special education' for disabled people with special needs, requiring extra care and taught through a different mode of education (section 16).
But, the Primary Education (Compulsory) Act, 1990 allowed scope for refusal of admission on the basis of "illness or any unavoidable reason" or if a primary education officer decides that it is not "desirable" to admit a child because one is "mentally retarded" {Section 3(3)(a)&(e)}. Furthermore, there is, in general, no adapted curriculum for children with disabilities. Children with psycho-social disabilities get even fewer opportunities to get inclusive education. Braille textbooks and materials, including writing frames and stylus, are not much available.
Nevertheless, the right to work and employment has been guaranteed and duty has been imposed on the employers to provide employment to PWDs respectively in Section 16 and 35. But certain laws directly discriminate against PWDs prohibiting their inclusion in Public Service above certain grades. Schedule II of the Bangladesh Civil Service (Age, Qualification and Examination for Direct Recruitment) Rules 2014 and Schedule III of the Bangladesh Judicial Service Appointment Order, 2007 including The Bangladesh Judicial Service (Formation, Appointment and Temporary Termination, Termination and Suspension) Rules, 2007, bar persons with disabilities from being eligible for employment in services. Moreover, there is no quota for PWDs in the private sector and no specific remedy against any discrimination by private employers.
Moreover, most of the families and public institutions do not have a disability-friendly washroom. Lack of expertise in dealing with PWDs is also a matter of great concern. Medical rehabilitation is available only through selected NGOs, and only in urban areas. Very often, persons with intellectual or psychosocial disability are excluded from the voter's list. Blind persons do not have the specific ballot papers that they can use to vote in secret. Neither there is any reserved seat in an elective body. Again, there are a number of specialized sports and cultural activities for PWDs but they are usually not mainstreamed into.
According to the statistics of the Department of Social Services, Ministry of Social Welfare, on 26 November 2018, the number of enlisted disable person is 1608519, male 980321; female 625781 and third gender 2417 (www.dis.gov.bd). This statistics proves the importance of the fruitful exercise of the rights of PWDs but those rights are the most misunderstood areas of the development arena in Bangladesh.
Reforms are badly needed in policies; accessibility to public buildings and transportation be ensured; awareness-raising on social attitudes, teaching methodologies and facilities on inclusive education should be effectively increased; and incentives for equitable access to justice must be provided. Moreover, disability should be included as a cross-cutting issue in all relevant ministries. Because discrimination or lack of adequate opportunity gives rise to a self-perpetuating cycle of social and economic exclusion and undermines one's ability to develop to the fullest.
Now, it is the need of the hour, to protect the rights and dignity of all citizens of Bangladesh, equally, and without any biases or discrimination whatsoever.
Abu Bakker Siddiq is a law graduate from the University of Chittagong
