Disability Laws in India

Disability Laws in India

Disability Laws in India

Disability Laws in India

Disability Laws in India

Disability Laws in India

Disability Laws in India

Disability Laws in India

Disability Laws in India

Disability Laws in India

Disability Laws in India

Disability Laws in India

Disability Laws in India

Disability Laws in India

Welfare Initiatives:

  • Promotion of disabled persons’ welfare since independence, including:
    • Establishment of special employment exchanges.
    • Creation of vocational rehabilitation centers.
    • Formation of sheltered workshops.
    • Job reservation in identified positions.
    • Provision of financial assistance.

Enacted Acts for Disability Welfare:

The Mental Health Act, 1987:

  • Civil rights legislation regulating standards in mental health institutions.
  • Prohibits indignity or cruelty during the treatment of mentally ill individuals.
  • National Human Rights Commission authorized to visit government-run mental health institutions.

The Rehabilitation Council of India Act, 1992:

  • Enhances the role of the Rehabilitation Council of India (RCI) in regulating and standardizing training policies for rehabilitation.

The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995:

  • Aims at promoting equality and full participation of persons with disabilities.
  • Prohibits discrimination based on disability in public employment and access to public facilities.
  • Addresses economic and social rights of people with disabilities.

Key Provisions of the Act:

Prevention and Detection of Disabilities:

  • Surveys, investigations, and research on the causes of disabilities.
  • Promotion of methods for preventing disabilities.
  • Annual screening of all children for early detection.
  • Training of staff at Primary Health Centres.
  • Awareness campaigns and measures for prenatal and postnatal care.

B. Education:

  • Ensuring education for children with disabilities until the age of 18.
  • Integration of students with disabilities into normal schools.
  • Establishment of special schools with vocational training facilities.
  • Schemes for non-formal education, research, and teacher training.

Employment:

  • Identification and reservation of posts for persons with disabilities.
  • Reservation in every establishment, with record maintenance.
  • Various schemes ensuring employment, training opportunities, relaxation in age limit, health and safety measures.

Affirmative Action:

  • Provision of aids and appliances.
  • Preferential allotment of land for various purposes.

Non-Discrimination:

  • Adaptation of transport, roads, and public buildings for accessibility.
  • Measures promoting non-discrimination in employment and promotion.

Social Security:

  • Rehabilitation of all persons with disabilities.
  • Financial assistance to non-governmental organizations.
  • Formulation of insurance and unemployment allowance schemes.

Mechanisms for Implementation:

  • Coordination Committees at the Central and State levels.
  • Involvement of disabled individuals in consultative exercises.
  • Viewing disability as civil rights, encouraging participation in societal activities.
  • Positive portrayal of disabled people through the media.

The National Trust Act, 1999:

  • Ensures the welfare of severely disabled individuals, focusing on Autism, Cerebral Palsy, Mental Retardation, and Multiple Disability.
  • Aims for independent living within the community.
  • Establishes Local Level Committees for legal guardianship applications.

These legal frameworks collectively endorse the rights of disabled individuals, providing a comprehensive approach to address their diverse challenges and promote inclusivity.

Unique Disability Identification (UDID) Portal:

  • The implementation of the Unique Disability Identification (UDID) Portal aims to establish a comprehensive National Database for Persons with Disabilities (PwDs).
  • The primary objective is to issue a Unique Disability Identity Card to each individual with disabilities.
  • UDID Portal facilitates the tracking of physical and financial progress of beneficiaries at various levels of implementation, ranging from village to national levels.

Right of Persons with Disabilities Act 2016:

  • The Right of Persons with Disabilities Act 2016 replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
  • Disability is defined based on an evolving and dynamic concept.
  • The Act increases the reservation for people with disabilities from 3% to 4% in government jobs and from 3% to 5% in higher education institutes.
  • Aligned with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), of which India is a signatory.

Accessible India Campaign: Aims to create an accessible environment for Persons with Disabilities (PwDs).

Deen Dayal Disabled Rehabilitation Scheme: Provides financial assistance to NGOs for delivering various services to Persons with Disabilities.

Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP): Aims to make suitable, durable, scientifically-manufactured, modern, and standard aids and appliances accessible to disabled persons.

National Fellowship for Students with Disabilities: Seeks to enhance opportunities for students with disabilities to pursue higher education.

Q. Enumerate the policies and programmes taken by central and state governments for the empowerment of persons with disabilities.

introduction As per Census 2011, in India, about 2.68 Cr persons are ‘disabled’  (Divyaangs) which is 2.21% of the total population. The Constitution of India ensures equality, freedom, justice and dignity of all individuals and implicitly mandates an inclusive society for all, including persons with disabilities. Government has taken various legal and welfare initiatives for the cause of “Divyaangs”.
Body Measures taken by government for the disabled community

Legal and welfare measures:

·         Rights of persons with disabilities act: The act, increased number of include disabilities from 7 to 21, made provision for reservation in higher education and government jobs, free education for children between 6 to 18 years.
·         Mental Healthcare Act 2017: to protect, promote and fulfill the rights of mentally challenged during delivery of mental healthcare and services.
·         The Rehabilitation Council of India Act, 1992: The Council act regulates and monitors the training of rehabilitation professionals and personnel and promotes research in rehabilitation and special education.
·         The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999: To enable and empower persons with disability to live as independently and as fully as possible within and as close to the community to which they belong.
·         Institutional measure: A separate Department for Empowerment of Persons with Disabilities was carved out of the Ministry of Social Justice and Empowerment.
·         In Telangana, Department of Women Development, Child Welfare and Disabled Welfare is the implementing agency of the above said policies.

Schemes and other initiatives:

·         RashtriyaVayoshri Yojana: For providing Physical Aids and Assisted-living Devices for Senior citizens belonging to BPL category.
·         Accessible India Campaign: To help make buildings and other infrastructure disabled friendly.
·         SugamyaPustakalaya: Online library for persons with disabilities
·         National Action Plan for Skill development which aims to cover 2.5 million persons with disabilities by the year 2022 through various stakeholders.
·         Educational measures: Various scholarship schemes have been introduced for disabled students at different educational levels. 5% reservation is provided to disabled in higher education.
·         Telangana Vikalangula Cooperative Corporation: To provide concessional financial assistance to eligible PWDs for self employment ventures, entrepreneurship, education and skill development training for social and economic development.
Conclusion : Along with these measures it is necessary to change public attitudes, remove social stigma, provide barrier free environment to Divyaangs.

 

 

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