Girls and women with disabilities in India are compelled into mental institutions and hospitals, where they risk sexual and physical violence, face unsanitary conditions and experience involuntary treatment like electroshock therapy. What is basically seen is that they are basically dumped in these institutions by police or their family members. This is mainly because of the government, which is failing to offer proper support and services in India. Once these girls and women are locked up, their lives are filled with abuse, fear and isolation without any hope of any escape.
Recently, some women who were forcibly admitted to some mental hospitals and government institutions suffered severe abuses. I know an NGO that offers community based rehabilitation in India for improving the socio economic condition of these PWDs. The NGO even ensures Human Rights to these people. This NGO is working quite well for promoting the opportunity of these persons with disabilities.
However, after the incident took place the government took quick steps to shift these women from forced institutional care to one such NGO that offer community based rehabilitation. These girls and women with intellectual or psychosocial disabilities experience forced treatment like electroconvulsive therapy, verbal, sexual and physical violence, an inadequate access to the healthcare and lack of hygiene. In one such case, a woman with psychosocial and intellectual disabilities was assaulted sexually by a male staff member of a mental hospital located in Kolkata.
Although there is no clear record of prevalence of intellectual or psychosocial disabilities in India, according to the Indian Ministry of Health and Family Welfare about 6-7% of Indian population is affected by mental disorders and 1-2% by serious mental disorders.
In 2007, India ratified CRPD under which the governments are to respect as well as protect the right to legal capacity of PWDs and their right to live in community on equal basis like others. But India’s laws allow the courts to appoint the guardians to take decisions in behalf of PWDs without their informed and free consent. In an effort to bring its national legislation in line with CRPD, the government in 2013 introduced two bills in the parliament-the Rights of PWDs Bill and Mental Health Bill. But they don’t fully guarantee that girls and women with intellectual or psychosocial disabilities the right to living independently and right to lawful capacity, as needed by the treaty.
The government of India must pursue urgent legal reforms including amending of the two bills presently before the parliament for addressing these abuses as well as protecting the rights of girls and women with psychosocial or intellectual disabilities.
The central government in India must even order an evaluation as well as take immediate steps to end the abusive practices as well as inhumane conditions in the mental hospitals and institutions by organizing effective monitoring of these facilities.
India must further undertake a comprehensive legal reform without any delay for abolishing the guardianship and recognizing the legal capacity for all PWDs on equal basis while developing a time-bound, comprehensive plan. The Indian government must order for immediate inspections and do regular monitoring of all the residential facilities for girls and women with intellectual or psychosocial disabilities.
Guest author: I am Sanju, a social worker. I work for improving the lives of people with disabilities and am attached to a NGO that offers specialized coaching to children who are attending regular schools. Writing articles and blogs is my passion.
joyeis 