MyRight: Independence From Inequality

The Indian Constitution promises justice, liberty, equality and fraternity to every citizen. Post independence, these basic objectives are yet struggling to be a norm in the country. Though equality is preached by all, lack of its practice is visibly noticed.

On 25th November, 1949 the Constitution Assembly of India met in the Constitution Hall where Dr. B.R. Ambedkar addressing the people present said:

“On 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality…  How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment or else those who suffer from inequality will blow up the structure of political democracy which is Assembly has to laboriously built up.”

Dr Ambedkar had predicted the results of inequality way back in 1949. A lot has changed since then including types of inequality practices. Gender inequality, an issue prevalent historically is not only limited to male-female equality.

The LGBT (Lesbian, Gay, and Bisexual & Transgender) community in India still continues to be stigmatised and face discrimination in all walks of life. Indian judicial law does not recognise same sex marriages and consensual homosexual activities. There is no legal protection against discriminations faced by the community.

The community in its fight for acceptability often witnesses discrimination. The lack of understanding in the society leads to individuals being harassed, teased because of their physical appearance since early age. Many individuals drop out from education and end up losing on their livelihood opportunities. Begging and indulging in illegal activities become one of the few available means to support ones survivability.

Harish Iyer, a social activist working for equal rights said, “Even though some corporate houses have taken onus of including gender identity and sexual orientation in their overall anti discriminatory policy, much of it is just at policy level and not in ground realities.”

Transgender community who were recognised as the third gender still await accessibility to their basic rights. It is estimated that there are around 4,88,000 transgender people in India as per 2011 Census. But transgender activists claim that the number is six to seven times more than estimated. “Corporate houses do not need to employ them because they would want to look inclusive; it is not to prove a point. They are people who deserve equal rights and equal opportunity, businesses and society need to step up in terms of creating awareness and policy change,” said Iyer.

Post independence the Indian government has tried to improve situation in the country. Policies and laws have been laid down to give fair opportunity to each citizen for a sustainable growth. Inequality is a constant struggle between the haves against the have-nots, race and religion, man and woman, etc.

Disabled people are often misunderstood to be in need of sympathy and help. Each disabled person’s capability to fit in the society often depends on the emotional support and physical infrastructure available in the society. Many of the individuals who have the potential to improve their livelihood often miss out on the opportunity because of the lack in infrastructure and support.

According to census 2011, there are 2.68 crore People with Disability (PwDs) in India (1.50 crore male and 1.18 crore female PwDs). Even though, disabled people constitute a significant percentage of the population of India, their need for meaningful employment largely remains unmet. According to the Census, 68% of Indians live in rural areas.

The rural disabled are significantly disconnected from skills, markets, access to healthcare and livelihood opportunities. “Attitude of society and accessibility in the society are the two main challenges for PwD. Right from childhood we see that majority of schools do not want to take responsibility of having a disabled student. Many organisations feel PwD will be a liability on the company, and if not the attitude the physical infrastructure is a challenge,” says Nipun Malhotra, CEO, Nipman Foundation and Executive Director, Nipman Fastener Industries. Malhotra was born with arthrogryposis (a congenital disorder due to which his muscles haven’t developed in arms and legs). He runs the foundation to make India more sensitive and accessible for the disabled.

While, there should be an economic safety net for those who need it, many people with disability have a strong desire to work and achieve economic independence and share in the wealth of India. “Allowing corporate to use their CSR funds to make existing infrastructure accessible and mandating commercial enterprises above certain size to an accessibility NOC before giving completion certification will have a positive impact towards creating equality for PwD,” comments, Malhotra.

Reservation to protect the interest of minorities or vulnerable sections of the society is a welcome move by the majority of the population. The problem starts when other sections start demanding the same. India is no stranger to agitation and arm twisting techniques used by different communities across the country, demanding reservation for their particular community, caste, etc.

To appease the voters, the policy makers often tend to make unproductive decisions. An article written by Sonalde Desai, Professor of Sociology at University of Maryland and Senior Fellow at National Council of Applied Economic Research, claims that around 73% of population in the country are eligible for some kind of reservation.

Even though the aim of reservation is to provide equal footing to weaker sections of the society it does not always transpire to it. Historically, it is seen time and again that it has contributed more towards inequality then reducing it. Unfortunately, most reservations are based on community and caste; while the situations demand reservations based on economic status.

The central government launched ‘Accessible India’ campaign with an aim to make infrastructure and transport facilities disabled-friendly. Corporate houses have been encouraged to utilise CSR funds and adopt projects to enhance and ensure welfare of the beneficiaries.

Kerala is the first state to introduce Transgender Policy in 2015. The policy aims to protect the rights of the community and has proposed to allot pensions for transgenders above the age of 60. Other Indian states need to adopt similar policies to ensure equality.

It is not our differences that divide us. It is our inability to recognise, accept and celebrate those differences. Marginalised sections of society should not be considered just as vote banks, but as those with a potential to contribute equally.