Kathmandu

In pursuit of dignity: Persons with disability fight for their fundamental rights

By Sandeep Sen

Photo Courtesy: Lhakpa Nuru Sherpa

KATHMANDU, MAY 21

Deepak Bhandari is sitting on a fast-to-death protest for the second time at Shantibatika in Ratnapark, Kathmandu. This time he is protesting to pressure the government into implementing an agreement reached in March.

Bhandari faces severe disabilities and is unable to move his body below his neck. He requires assistance to perform his daily activities such as feeding and toileting and cannot sustain without help.

He initially began the fast-to-death on March 19.

His demands were straightforward yet fundamental: the implementation of personal assistant services for individuals with profound disabilities, as stipulated in The Act Relating to Rights of Persons with Disabilities, 2074 (2017). The article 9 (2) of the act mandates 'The persons with disabilities shall have the right to obtain assistive materials and community assistance in order to earn the living respectfully.'

The Act defines profound disability as a condition where a person who is in such a condition that he or she has difficulty with performing his or her day-to-day activities even with continuous support of others.

After eight days of fasting, Bhandari, alongside disability rights activists, reached an agreement with the Ministry of Women, Children, and Senior Citizens (MWCSC) on March 27. They committed to drafting a report on sustainable caregiving services for persons with disabilities, with a promise to start providing personal assistance services to at least eleven individuals by April 13.

A five-member committee, including the then MWCSC undersecretary Ram Krishna Lamichhane, Ram Bahadur Karki, senior vice-chair at the National Federation of the Disabled-Nepal, protesters Deepak Bhandari, Lhakpa Nuru Sherpa, and Srijana KC, was formed to draft the report.

The committee submitted the draft report to the MWCSC on April 11.

Despite these assurances, the agreement remained unimplemented.

Frustrated and betrayed, Bhandari resumed his fast on April 30.

Following this, a Agreement Implementation Struggle Committee 2081 was formed to exert pressure on the government, organizing multiple peaceful protests, and highlighting the plight of persons with disabilities.

Around 500 persons with various kind of disabilities from across the country participated in a peaceful protest on May 15. However, police used force to disperse the demonstrators, leading to 20 arrests and numerous injuries including seven hospitalizations.

Lhakpa Nuru Sherpa, one of the protest organizers, reported that even deaf-blind children were detained, and some wheelchair-bound participants were mistreated, resulting in serious injuries and hospitalizations.

The committee again organized another rally on May 20, drawing around 200 participants. This time, the protest proceeded peacefully from Shantibatika to Maitighar Mandala and back, with participants carrying placards demanding the implementation of the agreement.

'What we want is the implementation of the agreement,' Sherpa emphasized.

The protests will continue through various peaceful means, including sit-ins, relay hunger strikes, press conferences, and lobbying efforts with government ministries.

Sherpa pointed out that according to government statistics, there are 68,000 individuals with profound disabilities in Nepal. While it is unrealistic to demand immediate personal assistance for all, starting with the promised eleven individuals and gradually expanding the support system is feasible.

The crux of the issue now lies with the Ministry of Finance, which has yet to approve the proposal submitted by the MWCSC.

The committee has categorized individuals with profound disabilities into four priority groups, beginning with those without any familial support or financial means, and gradually extending to those with two or more persons with profound disabilities in a single family, with single parents, and with elderly caregivers. Despite government statistics, the activists believe the actual number of people in need is around half of the reported figure.

Nepal has committed to ensuring the rights of persons with disabilities, yet discrimination and neglect remain rampant. UNICEF highlights that persons with disabilities in Nepal face various forms of abuse and economic hardship.

Deepak Bhandari's protest is not just about personal assistant services; it is a fight for dignity, respect, and the fundamental rights of every individual with profound disabilities in Nepal.