• UGI USER
  • Jan 09, 2024
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STRUCTURED NEGOTIATION AS A BOOST FOR DISABILITY RIGHTS

Its success lies in the win-win situation that its methodology presents, for defaulting service providers and complainants

 

Relevance:

GS 2

  • Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
  • Welfare schemes for vulnerable sections of the population.

Why in News:

Recently, there have been increase in use of structured negotiation for resolving litigations.

Source- Equidox

What is Structured Negotiation

Structured negotiation is a collaborative and solution-driven dispute resolution method, increasingly recognized as an effective alternative to litigation. It involves direct negotiation between parties, aiming to resolve conflicts amicably and efficiently. This approach has gained considerable traction in disability rights advocacy, significantly impacting how service providers accommodate the needs of individuals with disabilities.

Advantages of Structured Negotiation

  • Avoids Litigation: It circumvents the adversarial, costly, and time-consuming nature of court proceedings.
  • Win-Win Outcomes: Encourages solutions that benefit both service providers and complainants.
  • Promotes Collaboration: Fosters a cooperative rather than a confrontational atmosphere.
  • Enhances Compliance: Encourages service providers to comply with social welfare legislation and accessibility standards.

Success Stories in Disability Rights

Structured negotiation has a proven track record, particularly in the realm of disability rights.

  • Technological Accessibility: It has resolved issues with inaccessible automated teller machines, point of sale devices, pedestrian signals, and service provider websites.
  • Corporate Engagement: Influenced corporations like Walmart, CVS, and Caremark to implement accessible prescription bottles for visually impaired customers and improved voting machines and websites.
  • Legal Precedents: Aided in establishing strong disabled-friendly legal precedents, providing a robust foundation for future negotiations.

Methodology’s Core: The Win-Win Scenario

  • Cost Avoidance for Service Providers: Minimizes litigation expenses and negative publicity.
  • Direct Benefits for Complainants: Ensures timely and effective access to needed services.
  • Encourages Proactive Measures: Motivates both parties to seek and implement solutions.
  • Legal Foundation Support: Relies on a body of legal precedents to guide negotiations.

Structured Negotiation in India

The Indian context presents both challenges and opportunities for structured negotiation.

  • Red Tape in Courts: The increasing backlog and bureaucratic processes in civil courts discourage traditional litigation.
  • Rights of Persons with Disabilities Act, 2016: Provides a legal framework for addressing non-compliance but is not fully effective in ensuring service accessibility.
  • Enforcement Challenges: Instances like the PayTM directive highlight the enforcement challenges and the need for continuous improvement and feedback in making services accessible.

The Potential of Structured Negotiation in India

  • Cost and Reputation Management: Helps avoid legal repercussions and negative public image.
  • Direct Engagement: Enables service providers to work closely with disability communities.
  • Continuous Improvement: Facilitates ongoing adaptation and improvement of services.
  • Customized Solutions: Allows for tailored approaches to address specific issues.

Prioritizing Disability Concerns

  • Changing Mindsets: Urges recognition of the value in serving disabled individuals.
  • Economic Considerations: Highlights the untapped market and buying power of the disabled community.
  • Legal and Moral Imperative: Emphasizes compliance as both a legal requirement and ethical obligation.
  • Proactive Engagement: Encourages early and active involvement in addressing disability issues.

The Road Ahead

  • Cultural Shift: Necessitates a broader societal change in attitude toward disability.
  • Business Adaptation: Encourages businesses to view accessibility as a competitive advantage.
  • Legal Evolution: Supports the development of more inclusive laws and regulations.
  • Community Empowerment: Empowers disabled individuals to advocate for their rights and needs.

As India and other nations grapple with the dual challenges of ensuring disability rights and streamlining dispute resolution, structured negotiation stands out as a compelling strategy that aligns legal compliance with social responsibility.

Rights of Persons with Disabilities Act

Source: Lawinsider

·   The Act offers an extensive definition of disabilities, encompassing various physical, mental, intellectual, and sensory impairments.

·  Government jobs must reserve at least 4% of positions for persons with disabilities, and higher education institutions must reserve 5%, in addition to existing reservations for Scheduled Castes and Scheduled Tribes.

·  The RPwD Act prohibits discrimination against persons with disabilities and guarantees their equal access to education, employment, and opportunities.

·  It advocates for barrier-free environments and reasonable accommodations in workplaces and educational institutions.

 

Source

The Hindu

Mains Question

Discuss the role of structured negotiation as an alternative to litigation in promoting disability rights, with a focus on its success, challenges, and potential impact in the context of India. Evaluate the significance of prioritizing disability rights for businesses and the implications of structured negotiation in achieving this objective.