Which schemes address intersectional vulnerability facing women with disabilities?
Of course. Here is a detailed answer to your question, structured for a UPSC aspirant.
Direct Answer
The intersectional vulnerability of women with disabilities, who face compounded discrimination based on both gender and disability, is addressed through a combination of general and specific schemes. While no single, overarching scheme exclusively targets this group, several policies have provisions designed to provide focused support.
Key schemes and provisions include:
- Samarth Scheme (Scheme for Capacity Building in Textile Sector): While a textile sector scheme, its guidelines provide for special provisions and preferences for women and persons with disabilities, creating an intersectional focus.
- Deen Dayal Antyodaya Yojana-National Rural Livelihoods Mission (DAY-NRLM): This scheme mandates that at least 50% of the members of Self-Help Groups (SHGs) should be from SC/STs, minorities, persons with disabilities, and other vulnerable groups. It specifically encourages the inclusion of women with disabilities.
- Mahila Shakti Kendra (MSK) Scheme: Aims to empower rural women through community participation. It is designed to be inclusive, creating an enabling environment for all women, including those with disabilities, to access their rights and entitlements.
- Pradhan Mantri Matru Vandana Yojana (PMMVY): Provides a cash incentive of ₹5,000 for the first living child to pregnant and lactating mothers. The scheme is universal and thus includes women with disabilities, addressing their maternal health and nutritional needs.
- Accessible India Campaign (Sugamya Bharat Abhiyan): While a universal accessibility campaign, its success is critical for women with disabilities to access education, employment, healthcare, and public spaces, thereby enabling their participation in other women-centric schemes.
Statutorily, the Rights of Persons with Disabilities Act, 2016 (RPwD Act) is paramount. Section 24(2) of the Act mandates that the government frame schemes and programmes to protect and promote the rights of persons with disabilities, with a specific focus on the needs of women and children with disabilities.
Historical Context
The policy evolution from a welfare-based to a rights-based approach is crucial to understanding the current framework.
- 1995: The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was enacted. It was a landmark law but adopted a medical/welfare model and lacked specific provisions for the intersectional challenges faced by women with disabilities.
- 2006: India ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Article 6 of the UNCRPD specifically addresses "Women with Disabilities," obligating state parties to recognize their multiple discriminations and take measures to ensure their full development and empowerment.
- 2016: The Rights of Persons with Disabilities Act, 2016 was enacted to align Indian law with the UNCRPD. This Act marked a significant shift. It explicitly recognizes women and children with disabilities as a vulnerable group requiring special measures (Section 8) and mandates their inclusion in all schemes (Section 24).
- 2017: The Supreme Court, in Jeeja Ghosh & Anr. v. Union of India & Ors. (2016), while not exclusively about women, emphasized a rights-based, human dignity approach for persons with disabilities, reinforcing the principles later enshrined in the RPwD Act, 2016.
Significance
Addressing the intersectional vulnerability of women with disabilities is significant for upholding constitutional principles and achieving inclusive development.
- Constitutional Mandate: It aligns with the principles of equality and non-discrimination enshrined in Article 14 (Right to Equality) and Article 15 (Prohibition of Discrimination). Article 15(3) empowers the State to make special provisions for women, which can be interpreted to include specific sub-groups like women with disabilities. The right to a life with dignity under Article 21 (Right to Life and Personal Liberty) is also central.
- Fulfilling International Obligations: It is essential for compliance with the UNCRPD (Article 6) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
- Socio-Economic Development: Empowering this group, which faces higher risks of poverty, violence, and exclusion, is crucial for achieving the Sustainable Development Goals (SDGs), particularly SDG 5 (Gender Equality) and SDG 10 (Reduced Inequalities). Their inclusion is a prerequisite for the national motto of 'Sabka Saath, Sabka Vikas, Sabka Vishwas'.
Comparative Overview of Legal Frameworks
| Feature | PwD Act, 1995 | RPwD Act, 2016 |
|---|---|---|
| Approach | Medical/Welfare Model | Social/Rights-Based Model |
| Disabilities Covered | 7 specified disabilities | 21 specified disabilities |
| Focus on Women | No specific, dedicated provisions for women with disabilities. | Explicitly recognizes women with disabilities as a vulnerable group requiring special measures (Section 8). |
| Reservation | 3% reservation in government jobs. | 4% reservation in government jobs. |
| Legal Status | Did not explicitly align with UNCRPD. | Enacted to align domestic law with the UNCRPD. |
UPSC Angle
Examiners will look for a nuanced understanding that goes beyond merely listing schemes. They expect you to connect policy with the constitutional and legal framework.
- Interlinkages: Demonstrate the ability to link Fundamental Rights (Articles 14, 15, 21), Directive Principles (Article 39(a) - adequate means of livelihood, Article 41 - right to work, education and public assistance in cases of disablement), statutory laws (RPwD Act, 2016), and specific government schemes.
- Keywords: Use terms like "intersectional vulnerability," "rights-based approach vs. welfare approach," "reasonable accommodation," and "substantive equality" correctly.
- Critical Analysis: A top-tier answer would not just list schemes but also critically evaluate their implementation. Mention challenges like lack of awareness, accessibility barriers in accessing scheme benefits, and insufficient disaggregated data on women with disabilities, which hampers targeted policy-making.
- Structure and Precision: A well-structured answer that clearly distinguishes between constitutional provisions, statutory acts, and executive schemes will score higher. Citing the specific section of the RPwD Act (e.g., Section 8 or 24) or the correct Article of the Constitution demonstrates deep knowledge.