Opinion Rights of the Persons with Invisible Disabilities, 2023, Sarojini

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Free fulltext:
https://www.cpj.edu.in/wp-content/uploads/2023/07/CPJ-Law-Journal-Issue-2-min.pdf#page=545

Rights of the Persons with Invisible Disabilities Ms. Suganya Jeba Sarojini*

ABSTRACT

Disability can be a very personal experience, making it very challenging to explain precisely. With or without the use of aids their disability is very real.

There are 21 conditions that can qualify a person for disability benefits, the majority of which are obvious impairments.1

Many people who are diagnosed with chronic illnesses or AID are not legally disabled, thus they are not eligible for any disability benefits which is incogitable.

Its challenging in many fronts like in Education, Employment, Insurance - Health care and so on.

And procuring health care benefits becomes even more challenging because of the scarce knowledge on the issue.

 

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An Indian paper - it's a passionately argued call for people with invisible disabilities to be recognised as disabled under Indian legislation.
As I read this, I'm thinking of the person on social media who suggested that chronic fatigue syndrome doesn't exist in countries where people with it receive no welfare benefit.

The definition of a “person with disability” adopted by the Government of India is the same as mentioned in the Convention - “a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.”5 India was one of the first countries to ratify the convention. India did it in 2007. But the RPwD Act came into force only in 2016, and it is yet to be implemented by all the states of India.6

Many people have life-limiting conditions, diseases, or structural or biomechanical defects that are difficult for others to notice. People with Auto Immune Diseases like Juvenile Rheumatoid Arthritis, Osteo arthritis, Ankylosing Spondylitis, Inflammatory Bowel Disease, Lupus, Psoriasis etc., severe chronic fatigue syndrome (CFS), severe post-traumatic stress disorder (PTSD), severe depression, chronic pain, violent allergies to ordinary household chemicals, and mild traumatic brain injury (MTBI) may all seem “normal” or Invisible to people with whom they interact.

Nothing is more shattering than losing everything to a disease which is not even their fault. How are their fundamental rights going to be restored?
The most heart wrenching truth with persons with Auto immune disease or chronic pain is that they wake up everyday in pain, not knowing whether they can function, they require learning the balance between surrendering and fighting. And no one even knows that they are in a battle with themselves. Leaving the house with chronic illness takes double the effort and twice as long to recover. Chronic illness patients go through psychological pain as well in addition to their physical exuding pain. They do not have safe environment to talk about how eventually even those who love them cannot deal with their disease. The family might tend to just disappear, and they are left alone. They do not talk about how their family begin to ignore their symptoms because the truth is too much to handle. It is high time we talk more about this and bring about awareness.

The Government of India does not recognise the Invisible Disabilities such as Auto Immune Disease or chronic illness etc as conditions that entitle one to disability benefits. Many people who are diagnosed with chronic illnesses or Auto Immune Disease are not legally disabled, thus they are not eligible for any disability benefits which is incogitable. Its challenging in many fronts like in Education, Employment, Insurance - Health care and so on.

Apart from the poor execution of the existing Act, there are only 21 benchmark disabilities that can qualify a person for disability benefits, the majority of which are obvious impairments.12

Due to a shortage of funding, the government does not intend to offer any assistance to people with long-term ailments, but instead suggests creating online contribution systems. India only dedicates 4% of its GDP to health care. The fact that India has one of the lowest spending on healthcare in the world makes it seem as though a lack of resources is not a sufficient justification for refusing to support persons with chronic and uncommon ailments.

According to the criteria for disability evaluation, a person with a missing toe is 10% impaired. A person without a colon or person who is constantly in acute pain is not recognized as legally disabled in any way. How is this even justifiable!