Gavin Howe
Dwarfism is a growth disorder characterised by shorter than average body height. While people with dwarfism are capable of every activity, they often suffer prejudice and discrimination because of their appearance. Dwarfism is considered a disability in many countries, including the USA and India. In 2015, the Indian government proposed adding dwarfism to the list of conditions that entitle individuals to affirmative action and government help. This move would help protect individuals with dwarfism from discrimination and improve their access to employment and buildings.
| Characteristics | Values |
|---|---|
| Dwarfism considered a disability | Yes |
| Dwarfism as per Indian law | Recognised as a disability under the Rights of Persons with Disabilities Act |
| Dwarfism as a loco-motor disability | Previously assumed under the PWD Act |
| Dwarfism as a form of discrimination | Yes |
| Dwarfism and job reservation | 1% out of 5% prescribed for disabled people by the government |
| Government incentives for companies with disabled employees | Yes, if at least 5% of their workforce is disabled |
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What You'll Learn
Dwarfism as a disability in India
Dwarfism is a growth disorder characterised by shorter than average body height. It is considered a disability in many countries, including India. Dwarfism is not an intellectual disability, and affected people often live a normal life. In 2015, the Indian government considered adding "dwarfism" to the list of disabilities recognised by law, which would entitle those with the condition to affirmative action and government help.
The Rights of Persons with Disabilities (RPD) Act of 2016 expanded the definition of disabilities recognised by law from 7 to 21 conditions, including dwarfism. This act introduced a new system to streamline the process for producing and obtaining disability certification for institutions. It also increased the public sector quota from 3% to 4% for people with certain types of disabilities and provided incentives for companies to ensure that at least 5% of their workforce is composed of people with disabilities of 40% or more.
The Indian government provides disability certificates to people deemed to have disabilities of more than 40%, allowing them to access certain benefits and concessions. The Department of Empowerment of Persons with Disabilities, under the Ministry of Social Justice & Empowerment, facilitates the empowerment of people with disabilities by centralising resources for information on laws, regulations, policies, schemes, programs, and NGO services.
The RPD Act also prohibits discrimination against people with disabilities and requires buildings to be disabled-friendly. The Access India programme, launched in October 2015, equipped 100 buildings in 50 cities with ramps and lifts to aid disabled people. The proposed bill also directs establishments to give a 5% job quota to people with disabilities.
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Discrimination and prejudice faced
In India, dwarfism is not currently recognised as a disability, although the government has considered amending the law to include it. Dwarfism is a condition characterised by an adult height of less than 147 centimetres (4 feet 10 inches) and is often diagnosed in childhood based on visible symptoms. People with dwarfism often face prejudice and discrimination due to their stature. They may experience ridicule in childhood and discrimination in adulthood, including in the job market.
Disha Pandya, a 39-year-old woman with dwarfism from Mumbai, experienced 17 job rejections due to her condition. She founded the organisation Little People of India to help others with dwarfism find corporate jobs and achieve their potential. Many companies hesitate to hire people with dwarfism, worrying about their ability to fit in with other employees and the company's infrastructure. However, Disha has successfully held positions at several companies, including HDFC Bank and Bisleri, and is now the Creative Head at Rich's India.
People with dwarfism also face physical obstacles in their daily lives as most environments are tailored to average-sized individuals. They may require specialised furniture, such as low stools, to perform everyday tasks like using ATMs, kitchens, and toilets. The social justice ministry in India has proposed expanding the list of disabilities to include dwarfism, which would help protect the rights of people with dwarfism and ensure they have access to buildings and jobs.
While the law does not currently recognise dwarfism as a disability in India, individuals with dwarfism face unique challenges and discrimination due to their stature. The work of advocates like Disha Pandya aims to reduce the prejudice and increase inclusion for people with dwarfism in Indian society.
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Government help and grievance redressal
In India, the Department of Empowerment of Persons with Disabilities (DEPwD) in the Ministry of Social Justice & Empowerment aims to facilitate the empowerment of persons with disabilities.
In 2015, the Centre considered identifying "dwarfism" as a form of disability, which would entitle individuals with dwarfism to affirmative action and government help and grievance redressal. This move would help people with dwarfism avail of job reservations, with 1% out of the 5% prescribed for persons with disabilities by the government. It would also enable them to seek grievance redressal under the PWD Act and ensure that private buildings provide easy access to people with dwarfism.
The proposed bill also directs "establishments" to give a 5% job quota to persons with disabilities and bars them from discriminating against people with disabilities. The government had previously maintained that "dwarfism" was assumed under "loco-motor disability." However, the objective behind mentioning "dwarfism" separately in the PWD Act is to send an unambiguous message that people with dwarfism should be treated fairly.
The Centre's plan to identify "dwarfism" as a disability was part of a broader effort to amend the PWD law enacted in 1995 to bring its provisions in line with increased sensitization about people with disabilities. As of 2016, the RPwD Act recognizes 21 types of disabilities, including locomotor disability, visual impairment, hearing impairment, speech and language disability, intellectual disability, multiple disabilities, cerebral palsy, and dwarfism.
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Job reservation and quotas
Dwarfism is a growth disorder characterised by shorter than average body height. People with dwarfism face a strong cultural stigma against disability in India, which heightens their challenges in finding employment. Dwarfism is considered a disability in India under the Rights of Persons with Disabilities Act, 2016. This Act expands the definition of disabilities from 7 to 21 conditions, aiming to comply with the UN Convention on the Rights of Persons with Disabilities.
The Rights of Persons with Disabilities Act, 2016, provides for reservations and special provisions for candidates with disabilities, ensuring equal opportunities in civil services and other competitive examinations. The Union Public Service Commission (UPSC) provides a 4% reservation in government jobs for people with disabilities. The UPSC classifies disabilities into five categories:
- Blindness and Low Vision
- Deaf and Hard of Hearing
- Locomotor Disability (including dwarfism)
- Intellectual and Developmental Disabilities
- Multiple Disabilities
Candidates with dwarfism falling under the PwBD category are entitled to age relaxations, additional attempts, scribe assistance, extra time in exams, and reserved vacancies in government services.
In addition to the UPSC, other initiatives in India also facilitate the empowerment and employment of people with disabilities, including dwarfism. The Department of Empowerment of Persons with Disabilities, under the Ministry of Social Justice & Empowerment, provides centralised resources and an employer/applicant matching service. Jobability, an online job portal, matches job seekers with disabilities to job vacancies and provides access to training opportunities. Pankh, a collaboration between TRRAIN and Youth 4 Jobs Foundation, offers a comprehensive 60-day training program that includes trade-specific training and life skills development.
Furthermore, the Accessible India Campaign aims to achieve universal accessibility and equal opportunities for people with disabilities, including those with dwarfism. This campaign focuses on making audio, print, and electronic content accessible and ensuring access to daily use electronic goods through universal design.
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Building access and compliance
In India, the Rights of Persons with Disabilities (RPD) Act of 2016 expanded the definition of disabilities from 7 to 21 conditions, with dwarfism being one of them. This act ensures that people with dwarfism have equal rights and access to opportunities, including building access.
The RPD Act mandates that all new buildings and building plans must conform to accessibility standards, recognising the importance of reasonable accommodation and universal design. This means that buildings must be constructed with features such as ramps and lifts to ensure that people with dwarfism can easily access and navigate the facilities.
The Indian government has also taken steps to enforce these accessibility standards. The "Access India" programme, launched by the Social Justice Ministry, aims to equip 100 buildings in 50 cities with the necessary features to aid the disabled. Additionally, the PWD Act states that "no establishment shall be granted permission to build any structure if the building plan does not adhere to the regulation" to be disabled-friendly.
Furthermore, the definition of "establishment" in the Act has been expanded to include not just government buildings but also private companies, cooperatives, or contractors who have secured public tenders for service. This ensures that private buildings are also bound by the PWD law to provide easy access to individuals with dwarfism.
The RPD Act also promotes equal opportunities in employment for people with dwarfism. It encourages employers to maintain records of disabled employees, including details such as the nature of their disability and the facilities provided. This enables relevant authorities to inspect policies and records to ensure compliance with the law. Additionally, the Act provides incentives for companies that ensure at least 5% of their workforce comprises disabled individuals.
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Frequently asked questions
Dwarfism is considered a disability in India under the Rights of Persons with Disabilities Act.
The Rights of Persons with Disabilities (RPD) Act of 2016 expands the definition of disabilities in India from 7 to 21 conditions. It also increases the public sector quota from 3% to 4% for persons with certain types of disabilities and provides incentives for companies to ensure that at least 5% of their workforce is composed of people with disabilities.
People with dwarfism are entitled to affirmative action, including government help and grievance redressal under the Persons with Disabilities (PWD) Act. They can also avail of certain benefits and concessions under the RPD Act.
Yes, private companies are required to provide accommodations for employees with disabilities, including dwarfism. The PWD Act prescribes that "no establishment shall be granted permission to build any structure if the building plan does not adhere to the regulation" to be disabled-friendly.
