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Exploring the Rights and Welfare Provisions for Persons with Disabilities in India

Introduction


For centuries in India, disabled persons have faced extreme challenges regarding their participation in the entire society. Recognizing this problem, the Indian government introduced various acts and welfare policies to ensure the protection of rights for disabled persons. At the same time, the policies encourage these individuals to live in society more comfortably and freely. As such, this blog addresses the legislation, relevant provisions, and case laws through which persons with disability derive their rights and well-being in India.


Legislative Framework


Rights of Persons with Disabilities Act, 2016

The Rights of Persons with Disabilities Act, 2016 is a landmark legislation that replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The Rights of Persons with Disabilities Act, 2016 Act is in consonance with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007. Section 2 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995. This Act recognizes a wide range of disabilities and seeks to ensure equal rights, opportunities, and access for persons with disabilities.


Key Provisions under the Act

1.     Definition of Disability: The Rights of Persons with Disabilities Act, 2016 Act identifies 21 types of disabilities. It includes blind, low vision, leprosy-cured persons, hearing impairment, locomotors disability, mental illness, etc.


2.     Rights of Persons with Disabilities: The Act defines the following rights:

·        Right to equality and non-discrimination. 

·        Right to accessible public buildings, transportation, and communication. 

·        Right to education and skill development. 

·        Right to live independently and be included in society.

·        Right to participate in cultural life and recreation.


3.   Reservation in Employment: The Act provides that 4% of the vacancies in government jobs should be reserved for persons with disabilities.


4.    Social Security and Welfare Measures: It contains schemes and programs for the welfare of persons with disabilities, including financial assistance, rehabilitation services, and support for education and employment.


5.  Central and State Advisory Boards: It makes provision for central and state advisory boards, that would provide suggestions in all the policy matters, while exercising constant oversight in monitoring proper implementation of the Act.


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


Before the Rights of Persons with Disabilities Act, 2016, the Persons with Disabilities Act, 1995 has given a basic premise regarding the rights of the persons with disabilities. Though its provisions were not as broad compared to the provisions of the Rights of Persons with Disabilities Act, 2016 yet it did give a premise for recognizing disability rights in India. Some of the key provisions were as follows:

·        Equal opportunities in education, employment, and social security.

·        Protection against any form of discrimination.

·        There should be special schools as well as rehabilitation centers established.


Welfare Provisions


Apart from legislative measures, many welfare provisions have been introduced for the benefit of persons with disabilities:


National Policy for Persons with Disabilities


National Policy for Persons with Disabilities, 2006: An effort towards an Inclusive Society The policy tries to address the various problems and challenges that persons with disabilities face in their journey toward a barrier-free and equitable society. It urges:

·        Comprehensive rehabilitation services.

·        Promotion of self-employment and entrepreneurship.

·      Campaigns for creating change in the attitude of the people of the society toward the persons with disabilities.


Schemes And Programs


1. Deendayal Disabled Rehabilitation Scheme: It is being implemented by the Ministry of Social Justice and Empowerment. Here, financial assistance is given to NGOs working for the rehabilitation of persons with disabilities.

2. Integrated Child Development Services (ICDS): Here, provisions exist for early detection and intervention of disabilities in children.

3. Appliance and Aids for Disabled: The Ministry provides assistance and appliances under the ADIP scheme for Assistance to Disabled Persons for Purchase/ Fitting of Aids and Appliances.    


Provisions For Education


Inclusiveness within the educational system mandates compulsory education of children in particular free until the completion of the age of eighteen, a right further given strong credence by mainstream education by the Right of Education Act 2009 as related to children in such category.


Case Laws


National Federation of the Blind v. Union of India (2013), W.P. (C) No. 694 of 2013


The Delhi High Court decision is to enforce the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It ordered the Union of India to provide equal opportunities for persons with disabilities to compete in public services and education on an equal footing.


Akhil Bhartiya Viklang Sangh v. Union of India, W.P. (C) No. 188 of 2017


The Supreme Court had passed an order upon the government to prepare schemes through which persons with disabilities shall be employed in all fields. It called for the element of inclusiveness, as well as equal opportunities to the persons with disabilities. The court asked the state to enact policies that should ensure them welfare and protection.


Challenges 


Despite this legislative framework and welfare scheme, there are numerous problems that exist :

1. Awareness and Enforcement: Generally, members of the public and sometimes stakeholders who are empowered by law to enforce these provisions and rights have no common knowledge of these rights about persons with disabilities.


2. Access: Generally, there is a lack of accessible public areas and services as well as transport systems while information is inaccessible to a large number of people suffering from disabilities and those who are accessible present barriers towards their participation in societies.


3. Job Opportunities: Though reservation policies are available, the real implementation as well as job opportunities accorded to people with disability are very low.


4. Social Stigma: Attitudes and stigma associated with disabilities in society is very high that restrict and prevent inclusion and acceptance.


Recommendations


To improve these issues, the following can be done:


1.     Awareness Programmes: This means there should be properly formulated awareness programs educating people in the rights of people with disability so that integration and inclusion could become a natural ingredient in society and the existing myths are busted and the stigma eradicated.


2.   Monitoring and Evaluation: Strengthening mechanisms for the monitoring of the implementation of disability law equally requires strengthening. This calls for routine assessment regarding the effectiveness of welfare programs in meeting persons with disability needs. Suggestions from service beneficiaries should also be made to improve service delivery always.


3.     Accessibility: The Rights of Persons with Disabilities Act requires that all public spaces and services be accessible for all persons with disabilities, be it physical accessibility or accessibility to information and communication technologies.


4.     Job Opportunities: With job training and entrepreneurship opportunities, prospects of employability for such people become much more favourable. Such assistance would render them capable and resourceful enough to help raise participation in employment from these people further into independence and dignity.


Conclusion


Rights and welfare provisions for persons with disabilities under India have seen drastic reforms since the enactment of Rights of Persons with Disabilities, 2016 Act,  However, work needs to be put together so that these rights actually contribute towards real opportunities and lead a better quality of life among people with disabilities. It can truly make some massive steps in that direction by addressing the challenges and fostering a more inclusive society so that all citizens, both abled and disabled, can participate fully in the social, economic, and cultural life of the nation.


References-


This article is authored by Ashi Singh. She was among the Top 40 performers in the Quiz Competition on New Criminal Laws organized by Lets Learn Law.

 
 
 

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