Section 12: Political and Cultural Rights
Though the appropriate policies are in place to ensure that persons with physical disabilities can participate in political life, the situation on the ground demonstrates that the difficulty lies in enforcement of these policies. While in 2005 the Election Commission directed the Chief Secretaries of all States/Union Territories to construct permanent ramps in each public building containing a polling station to ensure that persons with physical disabilities could exercise their right to vote, the Disabled Rights Group, along with other NGOs, alleged that these instructions had not been carried out in all areas. In contrast to even the spirit of the efforts to ensure access to polling places for those with physical disabilities, however, are the policies in place in both the Constitution and the Representation of People Act (1950)47, which can actively prohibit those with mental disabilities or mental illness from participating in political life by voting or standing for elections. Full equality will not be achieved until these policies are altered to avoid the disenfranchisement of large groups of voters with disabilities.
The National Policy for Persons with Disabilities does establish the need to ensure equal opportunities for sports, recreation and cultural activities.
However, while the Constitution of India recognizes the right of all groups to conserve their distinct language, script, or culture
and the National Policy states that special care will be taken to make Sign language [and] Alternative and Augmentative Communications . . . recognized, standardized and popularized,
some groups have raised concerns about whether all disabled individuals, specifically those in India's blind and deaf communities, have easy access to educational materials and other communications in their language.
State policy (particularly in the form of the Persons with Disabilities Act, 1995, and the National Policy for Persons with Disabilities, 2006) is supportive of the need for individuals with disabilities to participate in sport, recreational and leisure activities, and includes provisions designed to both encourage development of special recreation centers and ensure accessibility to all public places. However, the situation on the ground remains mixed. Persons with physical disabilities are unable to enjoy leisure activities on an equal basis with others as long as transportation systems and public buildings continue to lack barrier-free access, a problem which has not been addressed on a consistent basis by the Government. However, organizations and establishments like the Wheelchair Sports Federation of India, the Indian Blind Sports Association, and the Special Olympics Bharat do provide opportunities for physically and mentally differently-abled athletes to participate in sporting activities. Unfortunately, there remains no institution available to coach elite differently-abled athletes in India, leaving a gap in attainment of the goals outlined in State policy. In order for persons with disabilities to be able to participate in leisure activities at the level described in government policies, stricter enforcement of these laws is needed.