The Intersection of Disability and Caste: A Policy Paper

FOCUS

This policy paper was published on July 20, 2020, by the Bengaluru-based Centre for Law and Policy Research (CLPR). It was written by Jayna Kothari, Executive Director of CLPR, along with researchers Almas Shaikh and Aj Agrawal, and is part of a larger project funded by the European Union.

The paper examines how disability and caste intersect in India to produce intensified and distinct forms of discrimination that are not adequately recognised in law, policy, or public discourse. It argues that persons with disabilities from Scheduled Caste and Scheduled Tribe communities face deeper social, economic, and political exclusion than either group experiences independently. Using the framework of intersectionality developed by Kimberlé Crenshaw, it explains how overlapping identities create unique vulnerabilities that single-category approaches to discrimination fail to capture.

The study relies on census data, NSS surveys, existing academic literature, legal analysis, and documented case studies rather than original fieldwork to establish patterns of deprivation and exclusion.

The 42-page paper is structured into three main chapters: Disability and caste (Chapter 1); Are the needs of the Dalit/Adivasi persons with disabilities addressed adequately by the existing Indian legal framework? (Chapter 2); and Conclusion and recommendations (Chapter 3).

    FACTOIDS

  1. The paper shows that caste and disability together create deeper forms of exclusion for Dalit and Adivasi persons with disabilities than either form of discrimination does on its own. It is especially crucial to consider since, as per the Social Welfare Statistics 2018, among the total number of people with disabilities in India, 4,927,433 were from the Scheduled Castes and 2,140,763 from the Scheduled Tribes.

  2. Data indicates that disability is more common among Scheduled Caste and Scheduled Tribe communities than the national average, especially in rural areas. However, disability data in India is rarely broken down by caste, which hides the true extent of hardship faced by Dalit and Adivasi persons with disabilities.

  3. Many Dalit and Adivasi persons with disabilities are unable to access government welfare schemes because poverty, caste discrimination, and lack of information affect them at the same time. Citing a 2010 publication, the paper adds that 89.1 per cent of Dalits with disabilities and 89.9 per cent of Adivasis with disabilities have received no aid/support from government programs designed specifically for people with disabilities.

  4. The paper points out that caste-based occupations and forms of unsafe labour expose Dalit and Adivasi communities to conditions that increase their risk of disability. It stresses that many disabilities are caused by dangerous working conditions and long-term neglect rather than by chance or illness alone.

  5. India's disability laws, including the Rights of Persons with Disabilities Act, 2016, do not take caste-based discrimination into account, the paper notes. Because of this, Dalit and Adivasi persons with disabilities often find that the law does not fully address their lived experiences.

  6. Laws meant to prevent caste-based discrimination and violence also fail to recognise disability as an added source of disadvantage. As a result, Dalit and Adivasi persons with disabilities fall through gaps in the legal system and are left without effective protection.

  7. The paper highlights the need for better data on caste and disability, reforms to existing laws, improvements in welfare delivery and access to services. It also advocates for the adoption of an overarching equality and anti-discrimination law.


    Focus and Factoids by Barkha Agnihotri.


    PARI Library's health archive project is part of an initiative supported by the Azim Premji University to develop a free-access repository of health-related reports relevant to rural India.

AUTHOR

Jayna Kothari, Almas Shaikh and Aj Agrawal

COPYRIGHT

Centre for Law and Policy Research, Bengaluru

PUBLICATION DATE

20 Jul, 2020

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