Disability is regarded as that component of human existence which results due to the impairments that affect a person’s social outlook. There is a lack of ability to take part in the routine and societal affairs at an equal level with others. The concept of disability received comprehensions of various thinkers and jurists who have not only tried to define the term but also accorded a viable interpretation to it over the years. When we use the term ‘disability’ we equate it with some form of incapability or deficiency to perform a physical or mental activity. In other words, disability may be expounded as the lack of ability and opportunities to compete with the world. The Preamble to the United Nations Convention on the Rights of Persons with Disabilities, 2006 not only acknowledges disability as an evolving concept but also stresses that disability is the result of interaction that occurs between a person under an impairment and his environmental and attitudinal barriers. It also stresses that such barriers often hinder their active and full participation in the society. The definition of disability can be viewed from two perspectives, one being the medical definition and other being the social or legal definition. The legal definitions of disability vary according to the legal purposes that it attempts to fulfil. A law which talks about the social welfare of the disabled shall carry a definition which provides benefits in the society rather than an anti-discrimination law. This debate about the medical definition versus the social or legal definition has had a larger impact on disability studies, as it leads to a shift from the charity-oriented understanding to a rights-based understanding of the term disability. While the medical perspective only focuses to reintegrate the person with disability into the mainstream society, the social model defines disability with reference to the social, environmental, and attitudinal barriers rather than the lack of ability. The concept of discrimination is the main attribute in the social definition, which focuses on the point that the disabled people do not face disadvantage because of their impairments but experience discrimination in the way a society is organised.
Understanding the meaning of Intellectual Disability: The meaning and definition of the term ‘intellectual disability’ has always remained a topic of debate since the time when classification of disorders relating to brain were being made. The United Nations Convention on the Rights of the Persons with Disabilities, 2006 does not define the term intellectual disability per se, but rather talks about it as an outcome of the interaction between an impairment and the environment. Such a definition highlights the heterogeneity of experiences, life chances, choices and preferences of adults and children with disabilities shaped by a range of socio-economic, cultural and other factors rather than focusing on a condition. Therefore, in line with the Convention, the World Report on Disability 2006, defines the term intellectual impairment as “A state of arrested or incomplete development of mind which means that the person can have difficulties understanding, learning and remembering new things and in applying that learning to new conditions. Also known as intellectual disabilities, learning disabilities and formerly as mental retardation or mental handicap.” The American Psychiatric Association also defines Intellectual Disability as, something which involves general mental abilities that affect the functioning in two areas i.e the intellectual functioning involving activities like learning or solving problems, etc. The Diagnostic and Statistical Manual defines Intellectual Disability as an inability in the cognitive aspect of the brain and an intelligence quotient below 70.
In India the law relating to the rights of the persons with disabilities i.e. The Persons with the Disabilities Act, 2016 under its Schedule mentions that intellectual disability includes a disability in the intellectual functioning (reasoning, learning, problem solving) and in adaptive behaviour (every day, social and practical skills, including specific learning disabilities) and autism spectrum disorder. Specific Learning Disability means the condition where there is a deficit in processing language, or difficulty to comprehend, speak, read, write, spell or do mathematical calculations and also includes perceptual disabilities, while Autism Spectrum Disorder is a neuro-developmental condition that appears in the first three years of the life of a person. It affects a person’s ability to communicate, understand relationships and relate to others. Therefore, intellectual disability refers to a significantly reduced ability to understand new or complex information, to learn new skills and a reduced ability to cope independently i.e. impaired social functioning. A person’s mental capacity, the ability to make decisions can vary depending on the environmental or social factors; however, the legal capacity is “a universal attribute inherent in all the persons by virtue of their humanity and can therefore not be stripped of it.”
The Conceptual and Terminological shift from ‘Mentally Retardation’ to ‘Intellectual Disability’
As mentioned earlier, now the term intellectual disability is used instead of mental retardation by the medical practitioners, psychiatrists, counsellors, advocates, human rights activists, etc. The question however that often arises is what necessitated or led to this change in the terminology of mental retardation.
The author is Assistant Professor of Law, University Institute of Legal Studies (UILS), Panjab University, Chandigarh.
