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N.K.Assumi (Advocate)     20 February 2009

What are the rights of the disabled person under the Indin statues?

WHAT ARE THE RIGHTS OF THE DISABLED PERSON UNDER THE INDIAN STATUES? 



Learning

 6 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     21 February 2009

Prevention and Early Detection of Disabilities


Within the limits of their economic capacity and development, the appropriate Governments and the local authorities, with a view to preventing the occurrence of disabilities, shall -



  1. undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities;

  2. promote various methods of preventing disabilities;

  3. screen all the children at least once in a year for the purpose of identifying "at-risk" cases;

  4. provide facilities for training to the staff at the primary health centres;

  5. sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health and sanitation;

  6. take measures for pre-natal, perinatal and post-natal care of mother and child;

  7. educate the public through the pre-schools, primary health centres, village level workers and anganwadi workers;

  8. create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted.


Education


The appropriate Governments and the local authorities shall -



  1. ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years;

  2. endeavour to promote the integration of students with disabilities in the normal schools;

  3. promote setting up of special schools in Government and private sector for those in need of special education, in such a manner that children with disabilities living in any part of the country have access to such schools;

  4. endeavour to equip the special schools for children with disabilities with vocational training facilities.


The appropriate Governments and the local authorities shall by notification make schemes for -



  1. conducting part-time classes in respect of children with disabilities who having completed education up to class fifth and could not continue their studies on a whole-time basis;

  2. conducting special part-time classes for providing functional literacy for children in the age group of sixteen and above;

  3. imparting non-formal education by utilizing the available manpower in rural areas after giving them appropriate orientation;

  4. imparting education through open schools or open universities;

  5. conducting class and discussions through interactive electronic or other media;

  6. providing every child with disability free of cost special books and equipments needed for his education.


The appropriate Governments shall initiate or cause to be initiated research by official and non-governmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education.


The appropriate Governments shall set up adequate number of teachers' training institutions and assist the national institutes and other voluntary organisations to develop teachers' training programmes specialising in disabilities so that requisite trained manpower is available for special schools and integrated schools for children with disabilities.


Without prejudice to the foregoing provisions, the appropriate Governments shall by notification prepare a comprehensive education scheme which shall make provision for -



  1. transport facilities to the children with disabilities or in the alternative financial incentives to parents or guardians to enable their children with disabilities to attend schools;

  2. the removal of architectural barriers from schools, colleges or other institutions imparting vocational and professional training;

  3. the supply of books, uniforms and other materials to children with disabilities attending school;

  4. the grant of scholarship to students with disabilities;

  5. setting up of appropriate fora for the redressal of grievances of parents regarding the placement of their children with disabilities;

  6. suitable modification in the examination system to eliminate purely mathematical questions for the benefit of blind students and students with low vision;

  7. restructuring of curriculum for the benefit of children with disabilities;

  8. restructuring the curriculum for benefit of students with hearing impairment to facilitate them to take only one language as part of their curriculum.


All educational institutions shall provide or cause to be provided amanuensis to blind students and students with or low vision.


Top



Employment


Appropriate Governments shall -



  1. identify posts, in the establishments, which can be reserved for the persons with disability;

  2. at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology.


Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from -



  1. blindness or low vision;

  2. hearing impairment;

  3. locomotor disability or cerebral palsy, in the posts identified for each disability: Provided, that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.


Affirmative Action


The appropriate Governments shall by notification make schemes to provide aids and appliances to persons with disabilities.


The appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates for -



  1. house;

  2. setting up business;

  3. setting up of special recreation centres;

  4. establishment of special schools;

  5. establishment of research centres;

  6. establishment of factories by entrepreneurs with disabilities


Non-Discrimination


Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to-



  1. adapt rail compartments, buses, vessels and aircrafts in such a way as to permit easy access to such persons;

  2. adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently.


The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for -



  1. installation of auditory signals at red lights in the public roads for the benefit of persons with visual handicap;

  2. causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users;

  3. engraving on the surface of the zebra crossing for the blind or for persons with low vision;

  4. engraving on the edges of railway platforms for the blind or for persons with low vision;

  5. devising appropriate symbols of disability;

  6. warning signals at appropriate places.


The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for -



  1. ramps in public building;

  2. adaptation of toilets for wheel chair users;

  3. braille symbols and auditory signals in elevators or lifts;

  4. ramps in hospitals, primary health centres and other medical care and rehabilitation institutions.


Research And Manpower Development


The appropriate Governments and local authorities shall promote and sponsor research, inter alia, in the following areas: -



  1. prevention of disability;

  2. rehabilitation including community based rehabilitation;

  3. development of assistive devices including their psycho-social aspects;

  4. job identification;

  5. on site modifications in offices and factories.


Institution for Persons with Severe Disabilities


The appropriate Government may establish and maintain institutions for persons with severe disabilities at such places as it thinks fit.


Social Security


(1) The appropriate Governments and the local authorities shall within the limits of their economic capacity and development undertake or cause to be undertaken rehabilitation of all persons with disabilities.


(2) For purposes of sub-section (1), the appropriate Governments and local authorities shall grant financial assistance to non-governmental organisations.


(3) The appropriate Governments and local authorities while formulating rehabilitation policies shall consult the non-governmental organisations working for the cause of persons with disabilities.


(1) The appropriate Government shall by notification frame an insurance scheme for the benefit of its employees with disabilities.


(2) Notwithstanding anything contained in this section, the appropriate Government may instead of framing an insurance scheme frame an alternative security scheme for its employees with disabilities.


The appropriate Governments shall within the limits of their economic capacity and development shall by notification frame a scheme for payment of an unemployment allowance to persons with disabilities registered with the Special Employment Exchange for more than two years and who could not be placed in any gainful occupation.


Legal Services Authorities Amended Act 37 of 2000


Under the provisions of Legal Services Authorities Amended Act 37 of 2000 free legal services are available to persons with disabilities  

N.K.Assumi (Advocate)     21 February 2009

Dear Aejazji, Thank you for your valuable contribution? do you see any weakness in that act? namely the persons with Diasabilities (Equal opportutnities, protection of Rights and full participation) Act of 1995?

KODAKKAL SHIVAPRASAD (officer scale-I)     21 February 2009

Dear All,

Thanks for the interest shown in disability issue and their development structure, but the contributions were already displayed and implemented matter, therefore it needs revision to enhance the developments. As we know population of disabled people is heavily increasing due to lack of amenities etc, however 3% reservation is running since 35 years, it is not enhanced since then in spite disabled people's population is growing pastly.

Therefore i urge with philanthropists like every on review the disabled act and enhance the benefits & facilities for the welfare of disabled people, however it need to revise the existing reservation of 3% to the approximate 20% as per the extended scheme to SC/ST beneficiaries.

Any how free legal aid may be extended by reimbursing the legal fee to out side private advocates as and when disabled people approaches an advocate to resolve his grievances in a litigation at courts etc.

KODAKKAL SHIVAPRASAD
www.kodakkal.ning.com

AEJAZ AHMED (Legal Consultant/Lawyer)     21 February 2009

Dear Assumi,


As per one Writer namely : Tarun Arora - Teaching law


This historic legislation is a corner stone of evolution of jurisprudence on the rights of persons with disabilities in India. As a result, disability concerns have come into sharp focus. However, within a period of ten years of enforcement of this Act its weaknesses have also surfaced in the absence of a powerful implementing instrumentality. Unlike usual indifference the government soon realised these weaknesses and acceded to the demand of the disability movement for overall review of the Act. Towards this end a committee was constituted which harmonised views of the disability sector and relevant bodies in its comprehensive report. Unfortunately, no concrete proposal has been moved to the Parliament so far for carrying out amendments that have been felt necessary to plug loopholes in the present Act.

N.K.Assumi (Advocate)     22 February 2009

Dear Kodakkalji and Aejazji,


                                                   In my State the Act has no meaning at all and person suffering from disability faces a real hard problems. There is a urgent needs to look afreash into the disability act read with International instruments on the rights of the disable persons and also the rights of the Child.


                                                    Thank you both of you for your valuable contributions.

KODAKKAL SHIVAPRASAD (officer scale-I)     22 February 2009

Dear Ahmed,


It has reported that government has taken efforts in initiating action to update the amendments with regard to Disability Act basing on the following reports: 




The Government has taken various steps towards amending the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The National Consultation for amending the Act was initiated in June, 2006 with the first consultation meeting at Patna with State Governments, experts NGOs and stakeholders. The second meeting was held in July, 2006 at Chennai and thereafter there were demands from stakeholders that the consultation process may be kept in abeyance till India signed the UN Convention on the Rights of Persons with Disabilities (UNCRPD). This demand was accepted and the consultation process was again resumed after India signed the UNCRPD on 30th March, 2007. The last two consultation meetings were held at Delhi and Goa in August and November, 2007 respectively. The suggestions received during the consultation meetings as well as provisions of the UNCRPD are being considered for amendment of the Act. 





This information was given by the Minister of State for Social Justice and Empowerment, in a written reply to a question in the Lok Sabha today.





 


 




 


Therefore it's better to wait for our turn how government will react in this regard.


 


with best wishes,


KODAKKAL SHIVAPRASAD


www.kodakkal.ning.com


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