The budget presentation is a political statement. Its contents reflect the government’s intent on promoting some issues more than others. It directly impacts the marginalised and the traditionally excluded groups and their ongoing movements. The budget allocation and utilisation for oppressed groups—whether based on caste, gender, or disability—reveals whether the government’s commitment to these rights-based movements is mere rhetoric or intends to translate it into concrete budgetary guarantees and allocations.

With a pitiful allocation of 0.02% of the recent budget to persons with disabilities, against their demand for 5% across ministries, concerns loom large on the government’s commitment to advance disability justice. Often, persons with disabilities have been treated as subjects of political expediency—viewed as convenient subjects for political gain rather than being granted a genuine rights-based framework.

A progressive legal framework and a strong, emerging movement for disability justice in India, have led it to reimagine existing infrastructure, policies, and practices to ensure true inclusion, but significant challenges remain.

In an ongoing matter of Seema Girija Lal and Anr v. Union of India before the Supreme Court, a division bench of CJI DY Chandrachud and J.B. Pardiwala was disappointed at the inadequate implementation of the Rights of Persons with Disabilities Act 2016 (RPD) across states. Observing that the enforcement of RPD is in a 'dismal' state, it noted, “The RPwD Act came into force on April 19, 2016, though 5 years have elapsed since the enactment of the law, the implementation of RPwD across the country is still in a dismal state...We are of the view that the status of the implementation of the act needs to be set right.

The Department of Disabilities in the ministry of social justice and empowerment shall duly take up the issues with all its members and update the court with a status of compliance and update the court on the next date of hearing."

Understanding Budget allocation for disability justice

The empowerment and inclusion of persons with disabilities in India require a concerted effort from multiple government ministries, each committing adequate fiscal resources to support this cause. The demand for inclusion spans health, education, transport, housing, labour, and justice. However, in addition to the Department of Empowerment of Persons with Disabilities, under the social justice and empowerment ministry, only two other ministries have dedicated budgetary allocations for persons with disabilities.

The DEPwD is the nodal agency for empowering persons with disabilities in India. It focuses on formulating and implementing policies, programmes, and initiatives designed to enable persons with disabilities and ensure their inclusion in all aspects of life.

Additionally, the rural development ministry (MoRD) through the Indira Gandhi National Disability Pension Scheme (IGNDPS), the health and family welfare ministry (MoHFW) through the National Institute of Mental Health and NeuroSciences, Bengaluru, and the Lokopriya Gopinath Bordoloi Regional Institution of Mental Health (LGBRIMH), Tejpur, have dedicated allocations for disability justice.

Despite the growing rhetoric around inclusion, the budget allocation trends for the Department of Empowerment of Persons with Disabilities (DEPwD) tell a different story. Over the last five years, DEPwD’s budget steadily increased from FY 2016-17 to FY 2020-21, but it has declined and stagnated ever since. In the same period, the overall allocation to the parent social justice ministry rose by 24%.

The budget allotted to the DEPwD is divided among implementing schemes and establishing key posts for autonomous bodies, public sector undertakings, and other social services. It accounts for vital national programmes for the welfare of persons with disabilities – Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances, Deendayal Disabled Rehabilitation Scheme, Support of National Trust and the Scheme for Implementation of Persons with Disability Act.

Sketchy implementation of the Rights of Persons with Disabilities Act, 2016

It is long established that disability justice is not a matter of welfare or charity. Instead, it is an imperative response to rectify the historic and ongoing injustices committed against a vibrant and growing community. The process towards true inclusion involves identifying barriers and urgently and determinatively dismantling them.

One of the significant challenges in the past eight years of the Rights of Persons with Disabilities Act, 2016, has been its effective implementation. In the case of Seema Girija, it was revealed to the SC that several states and union territories are lagging in their obligations under the RPD Act.

Specifically, six states and three union territories have yet to appoint a State Commissioner as required by Section 79 of the Act. Furthermore, Section 88 mandates the establishment of a fund for persons with disabilities, but five states and three union territories, including Delhi, have not complied with this provision.

Additionally, the crucial establishment of special courts for swift grievance redressal remains unfulfilled in three states and one union territory. The absence of necessary resource allocation significantly hinders the implementation of the RPD Act. This issue is exemplified by the declining budget for the umbrella initiative – Scheme for Implementation of the Rights of Persons with Disabilities Act (SIPDA). The latest budget has slashed funding to 135.33 crores, less than half of the 2019-20 allocation. SIPDA was enacted to support various implementing agencies in taking a multi-sectoral, collaborative approach to enforce the provisions of the RPD Act effectively. SIPDA encompasses vital initiatives such as the Skill Development Training Programme, the Accessible India Campaign, and an incentive scheme for employing persons with disabilities, amongst other schemes.

These initiatives and schemes are the results of strong advocacy coupled with a political commitment to ensure that the objectives of the RPD Act are realised in practice, and the task of undoing the historic injustice is massive.

The disability justice movement in India is gaining significant momentum, led by persons with disabilities and strengthened by representative associations occupying the civil society space. The RPD Act is now the focal point of discourse internationally, as well as nationally across various platforms, including parliaments, courts, academia, and the media.

Lawyers are increasingly leveraging the legislation, presenting new challenges before the courts. In turn, the courts are actively interpreting and upholding the provisions of the RPD Act. However, the tepid financial commitment by the present government deals a significant blow to the emerging movement and starkly contrasts with the tall claims of empowerment and inclusivity.

Shrutika Pandey is a lawyer and researcher specialising in access to justice. She engages in developing strategies to advance the rights of undertrial prisoners through legal representation, research, and advocacy. The views expressed are personal.