SPECIAL LAWs' FOR DISABILITY : QUESTIONS & ANSWERS

[kodakkal]

Q. What are the goals of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full participation) Act,
1995?



¨ To integrate person with disabilities and provide them with
opportunities for full participation in society



¨ To create a society in which disabled persons would enjoy
status on par with non-disabled person



Q. Are all disabled people entitled to the benefits of the
disabilities Act?

A. The general benefits of the disabilities Act are meant for all
disabled persons. However the rights earmarked specially for “persons
with disability” are for only those affected by any of the following
disabilities, to the extent of 40% or more, as certified by a
Recognised medical authority:



¨ Blindness

¨ Low-vision

¨ Leprosy-cured

¨ Hearing impairment

¨ Locomotor disability, or any form of cerebral palsy

¨ Mental retardation

¨ Mental illness

¨

Q. How does the disabilities Act set out to achieve its goals?

A. To achieve its goals, the Disabilities Act provides for the
following:

¨ Education of disabled persons

¨ Employment of disabled persons

¨ Special facilities for disabled persons for use and access of
public transport system, civic amenities and public buildings / places

¨ Preferential allotment to help disabled persons set up
businesses and factories, build own houses, special schools and
special recreation Centres.

¨ Prevention and early detection of disabilities

¨ Rehabilitation and social security of disabled persons

¨ Research and manpower development on disability issues

¨ Recognition of institutions for disabled persons

¨ Settings up of dedicated authorities at central and state
levels, for “coordination”, “execution” and “adjudication” with regard
to implementing the Act.



Finding ways of preventing disability in the first place can save much
agony. What does the act say about that?



Q. What steps must be taken by the government for prevention and
early detection of occurrence of Disability?

A. Government and local authorities must:



¨ Undertake surveys, investigations and research on causes of
disabilities

¨ Promote various methods of preventing disabilities

¨ Screen all the children at least once a year to identify ‘at
risk’ cases

¨ Organise awareness campaigns and disseminate information for
general hygiene, health and sanitation

¨ Take measures for pre-natal, perinatal and post-natal care of
mother and child

¨ Educate the public through pre-schools, schools, primary health
centres, village level workers and anganwadi workers

¨ Create awareness among the masses, through television, radio
and other mass media, on the causes of disability and preventive
measures



“I am well-qualified, but because of my disability no one employs me.
Will the act help me find a suitable job?”



Q. What does the Disabilities Act provide for employment of disabled
persons?

A. The Act provides the following to ensure employment for disabled
persons:



¨ 3% vacancies on identified posts in each government
establishment are reserved for disabled persons, 1% each for: (i)
persons with blindness or low vision (ii) persons with hearing
impairment and (iii) persons with locomotor disability or Cerebral
Palsy

¨ Carry-forward of a reserved vacancy in the next recruitment
year if not filled in a recruitment year. Filling up of the reserved
vacancy by interchange among the three categories in the next
recruitment year if it remains unfilled or when a vacancy cannot be
filled by a given category of disabled persons due to the nature of
the vacancy.

¨ Formulate schemes on related matters like: Training, relaxation
of upper age limit, regulating the employment, health and safely
measures, creation of a non-handicapping environment in work-places
employing disabled persons

¨ 3% reservation for persons with disabilities in all poverty
alleviation schemes



Q. How does the Act protect a disabled person from discrimination at
work?

A. The Act stresses that employers must provide for a non-handicapping
environment in places where persons with disabilities are employed.
The Act also mandates that:



¨ A disabled person working in any government establishment
cannot be denied promotion merely on the ground of his disability.

¨ Anyone employed in a government established who acquires a
disability during his employment:

v Cannot be dispensed with or reduced in rank

v If, after acquiring the disability, an employee is not suitable to
continue on his post, he may be shifted to a suitable post with the
same pay-scale and service benefits

v Pending availability of a suitable post, a supernumerary post
should be created for such a person.



Q. Does the Act provide for employment in the private sector?

A. There are no reservations mandated for the private sector. However,
the Act mandates that the government must announce schemes providing
incentives to employers in public and private sectors to ensure that
at least 5% of the workforce comprises persons with disabilities.



Q. Does the Act promote entrepreneurship/ownership amongst disabled
people?

A. Yes, the Disabilities Act provides for preferential allotment of
land to disabled persons at concessional rates by the government for
building their own houses, setting up of any business or factories and
establishing special schools, research centres or special recreational
centres.



Q. Is there any duty on the government’s part to provide and promote
education among disabled persons?

A. Yes, to provide education to persons with disabilities, the
government must:



¨ Ensure free education for every disabled person, in an
appropriate environment, till 18 years of age

¨ Promote integration of disabled students in mainstream schools

¨ Promote setting up of special schools in the government and
private sectors, equip these schools with vocational training
facilities and ensure that disabled students living in every part of
the country have access to such schools

¨ For infrastructure and other support, announce schemes for:

v Transport facilities for disabled children or, in the alternative,
financial incentives to parents/guardians to enable their disabled
children to attend schools

v Removal of architectural barriers from schools, colleges or other
institutions imparting vocational and professional training to make
them accessible

v Supply of books, uniforms and other material to disabled children

v Grant of scholarships to disabled students

v Setting up of appropriate forums for redressal of grievances of
parents regarding placement of their disabled children

v Suitable modification in the examination system for the benefit of
visually impaired students, to eliminate purely mathematical questions

v Restructuring of curriculum for the benefit of all the disabled
children, specifically for students with hearing impairment, allowing
learning in only one language

v Amanuensis (scribes/writers) for visually impaired students



¨ To develop institutional support, set up adequate number of
teachers’ training institutions and assist the national institutions
and assist the national institutes and other voluntary organisations
to develop teachers’ training programmes specialising in disabilities

¨ Make schemes in the area of non-formal education of disabled
persons

¨ All government educational institutes, and those receiving aid
from the government, must provide 3% reservation for persons with
disabilities



“I dream of going to school like other children… can the disabilities
act make this dream come true for me?”



But I can’t travel in any public transport or access most buildings.
What about this?



Q. What should the government do to prevent discrimination against
disabled persons in using modes of transport?

A. Government establishments related to the transport sector must:

¨ Adapt rail compartments, buses, vessels and aircraft for easy
access and use by disabled persons

¨ Adapt toilets in rail compartments, ships and other vessels,
aircraft and waiting rooms for the convenience of wheelchair users



Q. What should the government do to protect discrimination in use of
roads?

A. The government must provide for:

¨ Installation of auditory traffic signals, engraving on the
surface of zebra crossings and on the edges of railway platforms to
assist visually impaired persons

¨ Slopes in pavements for easy access of wheelchair users

¨ Devising appropriate symbols of disability

¨ Installation of warning signals at appropriate places



Q. What should the government do to enable disabled persons to access
public buildings?

A. The government must provide the following in public buildings:

¨ Ramps in all public buildings

¨ Adapted toilets for wheelchair users

¨ Braille symbols and auditory signals in lifts

¨ Take such steps to ensure a barrier-free environment in public
places, work places, public utilities, schools and other institutions



Q. What should the government do for providing ‘social security’ and
‘rehabilitation’ of disabled persons?

A. The government must:

¨ Frame schemes for payment of ‘unemployment allowance’ to
disabled persons registered with the Special Employment Exchange for
more than two years but still unemployed

¨ Issue notification framing ‘insurance scheme’ or ‘security
scheme’ for its employees with disabilities

¨ Undertake ‘rehabilitation’ of all disabled persons to enable
them to reach and maintain optimal physical, sensory, intellectual,
psychiatric or social functional levels, including providing aids and
appliances



Who implements the act? Is there any special office for redressal of
our grievances?



Q. Who is the implementing authority under the Disabilities Act?

A. The Disabilities Act provides for the following authorities:

¨ Chief Commissioner (at the Central level) and State
Commissioners

¨ Central and State Coordination Committees

¨ Central and State Executive Committees



Q. What are the powers of Chief Commissioner/State Commissioners?

A. The Chief Commissioner may, on his own, or on the application of
any aggrieved person, or otherwise, look into complaints with respect
to:

v Deprivation of rights of disabled persons

v Non-implementation of laws, rules, bye-laws, regulations, executive
orders, guidelines or instructions framed for welfare and protection
of rights of disabled persons

¨ The Chief Commissioner may thereafter take up the matter with
the appropriate authorities

¨ The Chief Commissioner shall also:

v Coordinate the work of the State Commissioners

v Monitor the utilisation of funds disbursed by the Central
Government

v Safeguard the rights and facilities available to disabled persons

v Submit reports to the Central Government on the implementation of
the Act at regular intervals

¨ The State Commissioner have the same power/functions at the
State level



Q. What are the functions assigned to the Coordination Committees?

A. The Central and State Coordination Committees-at Central and State
levels respectively-must review and coordinate the activities of all
government departments and NGOs and advise the respective government
on formulation of disability-related policies, programmes, legislation
and projects. They must also monitor and evaluate the impact of
policies and programmes designed for achieving equality and full
participation of disabled people and such other functions as may be
prescribed by the government.



Q. What are the functions assigned to the Executive Committees?

A. The Central and State Executive Committees have been – at Central
and State levels, respectively – must carry out the decisions of he
Central Coordination Committee and perform other functions which may
be delegated to it by the Coordination Committee.



What can I do?



Q. What must a disabled person do to enforce the rights created under
the Disabilities Act?

A. A disabled person can make representations to the concerned
government and/or the concerned establishment, if there is deprivation
or violation of any right provided under the Disabilities Act. If
there is no response, or if the response is negative/inadequate, one
can approach the concerned Commissioner of Disabilities.
Alternatively, one can file a Writ Petition under Article 226 of the
Constitution of India, in the concerned High Court. If there is any
violation of a Constitutional right also, of national importance, a
Writ Petition can be filed under Article 32 of the Constitution,
before the Supreme Court.



Q. What can be done against violations of the rights under the
Disabilities Act, that affect an entire group of disabled people?

A. A disabled individual or a group of disabled individuals or even a
concerned NGO, may, on behalf of the affected group or class, initiate
Public Interest Litigations (PILs) in the High Court, or, where it
also amounts to violation of Constitutional rights of national
importance, in the Supreme Court. For instance, PILs may be initiated
on issues regarding education and/or employment of the disabled, use
and access in public transport system, civic amenities, public
buildings, or the like, which affect and benefit more than one
disabled person.