Disability Studies Quarterly Winter 2009, Volume 29, No.1 <www.dsq-sds.org> Copyright 2009 by the Society for Disability Studies

Introduction

It is obvious that the fruits of the India's economic growth and development are not enjoyed by everyone equally and there has been an unequal distribution of wealth. People with disabilities are the 'invisible section' among the beneficiaries of the Indian economy and this is largely due to the fact that disabled people face marginalization and discrimination and also due to the lack of inclusive policies and programs of the government (UNESCAP, 2003). The Persons with Disabilities Act 1995, which came into force on 7th February, 2006 states in express terms the need for a quota in employment, education and in all poverty alleviation programs of the government and government aided institutions. The purpose behind these provisions was to ensure that disabled people are not left behind in the development process and deprived of the benefits that are legitimately due to them.

The aspiration of the legislature to develop safety nets for the disabled people in order to mainstream them into the development process is evident from the fact that section 32 of the PWD Act provides for 3% reservation for people with disabilities in all poverty alleviation programs of the country (Government of India, 1995).While most of the states were still in the process of making this provision a reality the state of Karnataka, during the period 1998-2005, successfully enacted the Disabilities Act and implemented the quota system through a process called "Participatory Governance in Disability" (PGD). There were many reasons for the quota system to have worked well in Karnataka during the period 1998-2005 and the practice of "Participatory Governance in Disability" was perhaps the most important factor that made quota effective in the case of people with disabilities in the state.

It is imperative at this stage to take a quick glance of the disabled population in Karnataka which, according to the2001 census is around 9, 40,643 (1.8% of the total population which is slightly lower than the national figures of 2.1%) out of which 6, 61,139 persons live in villages and 2, 79,904 in urban areas (Government of Karnataka, 2005). The literate disabled population is 4, 73,844, which constitutes 51.40% of the total disabled population (Government of Karnataka, 2002, 2003 and 2004). The state of Karnataka provides for a quota of 3 -5% for people with disabilities in the employment sector and 3% in all poverty alleviation programs. The poverty alleviation programs implemented by the state of Karnataka can be broadly classified into self-employment programs, wage employment programs, food safety programs and social security programs (Government of India, 2007).

Various factors influenced the state of Karnataka in playing a pro-active role that led to successful implementation of the quotas under various employment and poverty alleviation schemes of the government. This 1998-2005 period witnessed unprecedented response both from the government and civil society towards disabled persons needs and concerns.

Disabled friendly bureaucracy

The state of Karnataka has always boasted of a disabled-friendly bureaucracy and this is evident from the fact that many progressive government orders were passed to promote socio-economic rights of people with disabilities. It was during the period 1998 -2005, that disability, as a subject, was included into the training curriculum of administrative training institutes (Ministry of Finance, Government of India). The bureaucrats were exposed to disability and disability related concerns while they were still undergoing training at the administrative academy. Courses were also designed for the government officials who were already serving in various departments. Sessions were held by the representatives of disability NGOs and DPOs; disabled people themselves acted as resource persons for these sessions. Apart from this early exposure to disability for the bureaucrats, the Office of the State Commissioner for Disabilities organized "Sensitization Programs" for the entire state bureaucracy starting from the highest office of the Chief Secretary to the Section Officers level of the various departments. These programs were not only held in the headquarters for the secretariat staff but also for the district, sub-district and village — level administration by the Office of the State Commissioner for Disability along with the support of NGOs /DPOs and disability activists functioning in the districts.

All the key departments that were responsible for the execution of the poverty alleviation schemes, and for implementing the quotas for disabled people, were specially targeted under this activity. Apart from the legislative provisions, the officials were sensitized to the issues of poverty and disability and the various constraints and hurdles people with disabilities faced while accessing services of the government. These meetings had a tremendous impact in changing the attitudes of the government officials towards disabled people and their issues. Many suggestions regarding measures to improve the service delivery systems were discussed during these interactions and led to systemic change in implementing policies and programs at the district, sub-district, and village-level across the state. The State Commissioner for Disability undertook the responsibility of translating these suggestions into actions by holding a series of "Adalats" (Public Courts) at the district level (Government of Karnataka, 2002, 2003 and 2004).

Civil Society Partnership

Karnataka has witnessed a strong civil society movement and has the presence of some of the best NGO and DPOs working in the disability sector. A coalition of civil society organizations was built by the Office of the State Commissioner for disabilities which had representations from the villages, sub-districts, and districts of the state. The Commissioner's Office identified and designated one of the well organized and better performing NGOs in each district as the District Nodal NGO to monitor the implementation of the quota system. The Nodal NGOs underwent an "Orientation Program" organized by the State Commissioner which capacitated the representatives of the NGOs/DPOs, disabled activists and disabled people themselves about the various programmes and schemes under which disabled people had a share of 3% quota (Office of the Commissioner for Disabilities, Karnataka, 2004). The Nodal NGO was invited as an ex-officio body to represent disabled people in all district development program reviews which included implementation of the quotas in all the poverty alleviation and employment schemes.

The media has been one of the key players in disseminating information about the quotas and in follow-up of the quota implementation. The local media showed equal interest as the other state and national print media in publishing news with regards to both positive and negative aspects of the implementation of the quota system.

Participatory Governance in Disability

The synergy that was created between the civil society, especially the NGOs/DPOs and the government, resulted in a platform for both key stakeholders to mutually work towards development of people with disabilities and to ensure that the reserved quota in all schemes and programs were implemented in all earnestness. The driving force behind this process was the Office of the State Commissioner for Disabilities which worked on the principle, "nothing about them, without them." To begin with, the State Commissioner's Office trained and oriented the district level NGOs/DPOs and other interested persons on issues such as disability rights, laws and legislations. They were also made familiar with various schemes and programs of the state government which provided a quota of 3% to disabled people. This led to a greater awareness of the disability groups in understanding what government was to offer in terms of the legislative mandates. They were also informed about the quotas in each schemes and the concerned department so that this knowledge would facilitate them in monitoring the performance of the respective departments. Participatory Governance in Disability, or PGD, as it was called, placed NGOs/DPOs, disability activists, and disabled people them selves in the forefront of governance with regards to policies and programs related to disability. The process was comprised of four main functions:

1. Capacity building of government functionaries

   It was noticed by the State Commissioner during the district evaluations that people with disabilities were deprived of the quotas that were available to them under different schemes and this was largely due to the fact that many government officials were not aware of the schemes, programs and government circulars about the quotas and the connected executive orders issued by the state government. The District Nodal NGO therefore conducted workshops for the district and the sub-district officials about the schemes and the quotas for the disabled. They were also informed about the corresponding government orders and were provided with a soft and a hard copy of circulars and executive orders pertaining to each department to be used as a reference document

2. Advisory role

   The second aspect of the PGD was to act as advisors to the district administration and in helping them to improve the quality of governance related to people with disabilities. Disabled people and their organizations were invited as advisors by the district administration to participate in the planning and decision — making process on all issues related to disability. This initiative gave a clear insight into the issues confronting disabled people to the district authorities and to plan and implement development work realistically leading to result-based management.

3. Monitoring and evaluation

   Monitoring and evaluation is the third important function performed by the voluntary organizations in the process of Participatory Governance. The monitoring and evaluation of the usage of quota and disbursement of benefits under all the development and poverty alleviation schemes was reviewed by four different authorities: the District in — charge Minister; the District in-charge Secretary to the Government ; the State Commissioner for Disabilities; and the Deputy Commissioner of the District.

   The representative of the nodal disability NGO was accorded the status of an ex-officio member and it was the responsibility of the Nodal NGO to participate in all the four review meetings to draw the attention of the reviewing authorities in the event of any lapses committed by the district administration in fulfilling the quota allocated for the disabled people (Office of the Commissioner for Disabilities, Karnataka, 2004). The Commissioner for Disability developed a reporting system for the district administration to review the fulfillment of the allocated quotas for the disabled people which became a powerful tool in the hands of the Nodal NGO and disabled people themselves to hold the district authorities accountable for any lapses in the disbursement of benefits due to them.

4. Grievance redress meetings

   The Nodal NGO, along with other civil society organizations, ensured that the District Deputy Commissioner held quarterly grievance meetings to hear people with disabilities and to redress their grievances. Wide publicity was provided to the meetings well in advanc. The focus was primarily on grievances related to denial of quotas to disabled people under various schemes. The Nodal NGO was expected to record the proceedings of the grievance redress meetings and follow-up on the assurances and actions promised by various authorities. Issues which remained unresolved were taken up once again during the next quarterly meeting.

   If the grievances were not redressed within a reasonable time despite being repeatedly addressed during the meetings, the Nodal NGO would then take up the matter before the next higher review authority before finally bringing it to the notice of the State Commissioner for Disabilities, who is vested with the powers of the civil court to look into the deprivation of the rights of people with disabilities.

Office of the State Commissioner for Disabilities, Karnataka

The disability movement in Karnataka became vigorous and received all the required impetus during the period 1998-2005. This was largely due to the establishment of an independent quasi-judicial Office of the State Commissioner for Disabilities as envisaged under the Act. In accordance with the provisions of the Persons with Disabilities Act 1995, every state shall by notification appoint a Commissioner to look into the deprivations of the rights of persons with disabilities and also to monitor the disbursement of the funds allocated for the disability sector. The Commissioner is vested with certain powers of the civil court in fulfilling his/her responsibilities under Section 62 of the Disabilities Act (Ministry of Social Justice and Empowerment, Government of India, 1995). Karnataka was one of the first states to establish an independent Office of the State Commissioner under this act and while many state commissioners were still in the process of comprehending their powers as a quasi-judicial authority, the office of the State Commissioner for Disabilities, Karnataka, was already functioning as a civil court, looking into the deprivation of the rights of the disabled people and monitoring the usage of quotas under various programs and schemes. New initiatives were undertaken by this office resulting in many best practices which later became a source of inspiration and motivation for other states to emulate them. It is interesting to note that DFID evaluated the work of this office and reported its performance in its report, "Mainstreaming Disability in Development — A Country Report of India," DFID, 2005 (Thomas, P, 2005). The report is partially reproduced as below:

Karnataka was one of the first states to appoint a disability commissioner and has been consistently proactive. It regularly organizes a national conference for state disability commissioners to share best practice, and at the January 2005 conference was recognized as a model office. The Karnataka disability commissioner and assistant commissioner have been acting as advisory consultants to other states for nearly six years.

The main achievements of the office include:

• Sensitization of the judiciary
• All state judges having received training on the Persons with Disabilities Act
• Orientation for lawyers
• All new lawyers receiving sensitization on the Act and on dealing with disabled people on their enrolment day
• Sensitization of the bureaucracy
• Sensitization and training for all levels of state officials, from clerks to chief secretaries, on the Act and dealing with disabled people
• Legal support for disabled people
• Teaming up with students at the National Law School who have established the Alternative Law Forum, which offers free legal advice, conciliation and mediation services for disabled people every Wednesday at the Office
• Linking up with Voices, an NGO that will provide free legal services, including lawyers, for all disabled people so that they can access the courts. All cases will be considered, not only those related to disability issues
• A nodal committee to oversee the implementation of the 1987 Mental Health Act, in compliance with an order from the Supreme Court of India (Karnataka is the only state to have done this)
• A disability voluntary service
• Encouraging volunteers from around the world to come and assist the office, to compensate for the limited number of staff
• Teaming up with disabled people, architects and the media to conduct access audits of public buildings and to encourage enforcement
• Commissioning social audits, usually carried out by a team headed by a volunteer, to assess whether organizations receiving government money are performing well. Mental health facilities, public health and rehabilitation services have been audited
• Undertaking an outreach Programme, recognizing that most disabled people cannot come to the office to lodge complaints. The commissioners travel to districts to listen and rule on grievances. Local heads in areas such as transport, health, education, and the police are also present to answer complaints. The system of lok adalat (public hearings) is widely used throughout the country to deal with grievances relating to women, scheduled tribes and castes, but so far only Karnataka, Pondicherry and Goa have used these public hearings in the area of disability
• Universalization of sign language, and encouraging its use. All commissioners have learned sign language."

District Disability Management Review

The District Disability Management Review (DDMR) is a tool developed by the State Commissioner's office to monitor and evaluate the usage of quotas under various poverty alleviation and employment schemes. The DDMR was comprised of a reporting format for specifically identified departments which were expected to provide information to the public about progress achieved every month in implementation of various poverty alleviation and employment schemes for disabled people on the basis of the allocated quotas. The DDMR also became a tool to strengthen the process of "Participatory Governance in Disability" as the Nodal NGOs, DPOs, and other disability stakeholders could measure the progress of each department at the district level and press for speedy action and implementation in the event of any department falling short of the target (Government of Karnataka, 2002, 2003 and 2004).

The DDMR became a campaign for the Office of the State Commissioner for Disabilities and workshops were organized for the disability stakeholders in all the districts of the state to make this tool popular and to be used successfully by the disabled community. The role of the district government departments towards people with disabilities became more transparent and led to public accountability. The DDMR complemented the "Right to Information Act" of India and therefore became obligatory for the government officials to disclose information about the usage of quotas under various schemes for people with disabilities.8

Conclusions

Participatory Governance in Disability (PGD) became a popular concept within the realm of district — level administration of the state of Karnataka, and the Office of the State Commissioner for Disabilities was the key driving force behind the success of this model of administration. PGD in Karnataka became synonymous with good governance and led to decentralization of governance in favor of people with disabilities. 11 It also witnessed legal empowerment of disabled people, especially women with disabilities, and this empowerment became evident in most of the public meetings where women with disabilities managed to redress their grievances on issues related to property rights, business rights, and legal rights before various authorities.

One of the critical changes that PGD brought about in the state of Karnataka was that it provided access to justice for people with disabilities. Those who were denied the benefits under the quotas were able to seek justice for the denial of their rights. Participatory governance also led to corruption free services to a great extent in the case of disabled people. The Office of the Commissioner for Disabilities have displayed hoardings in all public offices indicating that disabled people should not be made victims of corruption and in such an eventuality, the officials they need to contact to register their complaints.6 Corruption free services guaranteed under the PGD process enabled disabled people to take due advantage of the quota systems under different development programmes. The Office of the State Commissioner for Disabilities, Karnataka, successively organized the national conferences of the state commissioners in Bangalore from 1998-2004 and showcased PGD as a process of legal empowerment for disabled people apart from effectively implementing the quotas as a safety net under various poverty alleviation schemes and programmes (Office of the Chief Commissioner for Disabilities, 2003)

In the year 2005, The Ministry of Social Justice and Empowerment declared the Office of the Commissioner for Disabilities, Karnataka as a "Model Office" and recommended "Participatory Governance in Disability" as a strategy for poverty reduction among people with disabilities and as a best practice to be emulated by other states in ensuring effective usage of the quotas in their respective state budgets (Ministry of Finance, Government of Karnataka). One of the key lessons learned from the experience of Karnataka is that it is just not enough for the legislature to make provisions for quotas for people with disabilities and what is more important is the executive will to enforce it and participation from the civil society especially from the DPOs/NGOs working in the disability sector to monitor the actions of the executive wing of the government.