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Rights of Disability In India
  27 Oct'2018

Persons with disabilities are one of the most neglected sections of our nation. This is due to the sheer indifference of the society which subjects such people to disapproval and antipathy.

 

 Such people have several rights under various Indian laws as well as UN conventions that are followed in India. Under section 2 of Persons with Disabilities Act, 1995,"disability" includes blindness, low vision, leprosy cured, hearing impairment, loco motor disability, mental retardation and mental illness.

 

Disability Certificate:

It is the most basic document that a disabled person should possess in order to avail certain benefits and concessions. The State Medical Boards established under the State governments can issue a disability certificate to any person with more than 40% disability.

Disability Pension:

People who are above 18 years of age, suffering with more than 80% disability and are living below the poverty line are entitled to the disability pension under the “Indira Gandhi National Disability Pension Scheme”. Various NGOs are dedicated to this because i.e. they help such persons with disabilities to get their disability pension.

 

Employment:

In government jobs, 3% of the seats are reserved for persons with disabilities.

 

Income Tax Concession:

Under sections 80DD and 80U of Income Tax Act, 1961, persons with disabilities are also entitled to certain income tax concessions.

 

Person with Disabilities Act 1995

The Persons with Disabilities Act , 1995 had come into enforcement on Feb 7, 1996. It is a significant step which ensures equal opportunities for the people with disabilities and their full participation in the nation building . The Act provides for both the preventive and promotional aspects of rehabilitation like education , employment and vocational training, reservation , research and manpower development and rehabilitation of persons with disability , unemployment allowance for the disabled persons.

 

Main provisions of the Act:

1) Prevention and Early Detection of Disabilities

2) Education

3) Employment

4) Non discrimination

5) Social Security

6 ) Research and manpower development

7) Grievance Redress In Jared Abiding v. Union of India the supreme Court bearing in mind the discomfort andharassment suffering by a person of loco motor so disability would face while travelling by train particularly to far off places issued directions to the Indian Airlines to grant persons suffering from locomotor so disability to the extent of 80%.

 

In National Federation of blind v .UPSC , The supreme Court held that , UPSC may be directed to allow blind persons for appearing the examinations for Indian administrative and allied Services.

 

In Government of NCT of Delhi v. Bharath Lalmeena, The Delhi High court held that people with disabilities can be appointed as physical education teachers provided they have passed the qualifying examination undergone the requisite training.

 

Policies In India:

National policy for persons with disabilities, 2006.

The Government of India formulated the national Policy for persons with disabilities in Feb 2006 which deals with the physical, educational and economic rehabilitation of persons with disabilities.

 

The National Policy recognize the Persons with Disabilities are valuable human resources for the country and seeks to create an environment that provides them equal opportunities, protection of their rights and full participation in society. Some of the aspects which the policy focuses on are:

1) Prevention of Disabilities

2) Rehabilitation Measures

3) Women with disabilities
4) Children with disabilities

 

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