April 12, 2019
In the World Summer Games (WSG) 2015 held in Los Angeles,
United States, Sonakshi, Phoolan Devi and
Mathru were among the para sportspersons who made India
proud, winning seven medals, including two gold, at the event.
All three are residents of Asha Kiran, a home for people
with intellectual and mental disabilities run by the Delhi government. On 12
May, when Delhi goes to the polls, they along with other eligible voters at
the home, will not get to make their voices heard because they have been
deemed unfit to vote.
It’s a reminder of the many ways in which the ECI’s promise to
Leave No Voter Behind, eludes so many people with
disabilities.
Tomorrow, 13 April, is the last date for electoral cards in the national
capital and despite many appeals to hold enrolment camps at Asha Kiran,
nothing has been done.
NewzHook spoke to the Delhi government official under whose
charge the home comes, who said orders had been received from the ECI to not
enrol the residents as they were “unfit to vote”. She also said this had
been communicated to the director of Asha Kiran, Rachna
Bharadwaj.
Speaking to NewzHook, Bharadwaj confirmed this decision and went on to add,
“All the residents here an intellectual and mental disability of over 50%
and their decision-making power is compromised. None of them can vote because
they have multiple disabilities and an IQ of below 70. Enrolling them is not
a good idea as they are of unsound mind and Section 16 of RPWD Act 2016 is
clear that people of unsound mind cannot vote”.
What Section 16 of RPWD Act that Bharadwaj cites, states in full
is this – Under Section 16(b) a person may be disqualified as a voter if the
person, is of unsound mind and stands so declared by a competent
court.
There is no such court order, confirms Bharadwaj.
Disability rights leader Dr Satendra Singh has been
petitioning various higher level authorities for an enrolment camp to be held
here.
Only a court can declare a person of unsound mind and nobody else can.
Neither the ECI nor the Asha Kiran Director can prevent anybody, be it a
person with over 50% intellectual disability from exercising their right.
Even the Chief Electoral Officer, Delhi’s instruction mentions all 21
disabilities. – Dr Satendra Singh, State Steering Committee on
Accessible Elections, Delhi
Under the law, people with psycho social disabilities and intellectual
disabilities have equal voting rights but many of them get excluded due to
ignorance, lack of awareness or stigma.
“Mental illness does not mean an unsound mind”, emphasizes Chennai-based
disability rights activist Vaishnavi Jayalumar, who is among
the leaders spearheading efforts to ensure more people with disabilities are
on the electoral rolls in the city. “There is no way that an intellectual
disability can be interpreted as sign of an unsound mind. People with
intellectual and psycho social disabilities have voted all over the place, in
cities like Chennai and Mumbai. Only Delhi is holding the nation back”.
Jayakumar who was present at a voter awareness drive at IMH Kilpauk in
Chennai on Thursday morning. said that with adequate explanation voters with
mental/intellectual disabilities have been able to grasp the process. “It
can get a little confusing because of the many alliances and parties in the
fray in Chennai but we have explained to them and they have a better idea
than most others”.
Despite the law and the ECI’s efforts, the reach out to voters with all
disability types is being undermined due to local level stereotypes, believes
Dr Soumitra Pathare, psychiatrist and Director,
Centre for Mental Health Law and Policy, Indian Law Society in Pune.
“The law is very clear that only a competent court can say they are of
unsound mind and the onus of proving that lies on the person making the
charge who also has to produce a court order. The director of Asha Kiran
cannot arrive at that conclusion in partnership with a local level EC
official. If there is an order from the ECI, it should be made clear and
public. All this is happening because of a larger stereotype and attitude
towards people with mental disabilities, basically a feeling that what
difference does it make whether they vote or not”.
As Dr Singh points out, the action plan of the Chief Electoral Officer in
Delhi clearly includes people with intellectual disorders and mental illness,
saying all facilities must be provided to enable them to vote, including an
attendant. Clearly, much of this is getting lost in translation.
Source: https://newzhook.com/story/21950
