Contents
Constitution
Education Laws
Health Laws
Family Laws
Succession laws
Labour Laws
Judicial Procedures
Income Tax Laws, &
Various Acts
The Person with Disabilities Act, 1995
The Mental Health Act, 1987
The Rehabilitation Council of India, 1992
The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act, 1999
Declaration On The Rights Of Mentally Retarded Persons
The Constitution of India applies uniformly to every legal citizen of India, whether they are healthy or disabled in any way (physically or mentally)
Under the Constitution the disabled have been guaranteed the following fundamental rights:
The Constitution secures to the citizens including the disabled, a right of justice, liberty of thought, expression, belief, faith and worship, equality of status and of opportunity and for the promotion of fraternity.
Article 15(1) enjoins on the Government not to discriminate against any citizen of India (including disabled) on the ground of religion, race, caste, sex or place of birth.
Article 15 (2) States that no citizen (including the disabled) shall be subjected to any disability, liability, restriction or condition on any of the above grounds in the matter of their access to shops, public restaurants, hotels and places of public entertainment or in the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of government funds or dedicated to the use of the general public. Women and children and those belonging to any socially and educationally backward classes or the Scheduled Castes & Tribes can be given the benefit of special laws or special provisions made by the State.
There shall be equality of opportunity for all citizens (including the disabled) in matters relating to employment or appointment to any office under the State.
No person including the disabled irrespective of his belonging can be treated as an untouchable. It would be an offence punishable in accordance with law as provided by Article 17 of the Constitution.
Every person including the disabled has his life and liberty guaranteed under Article 21 of the Constitution.
There can be no traffic in human beings (including the disabled), and beggar and other forms of forced labour is prohibited and the same is made punishable in accordance with law (Article 23).
Article 24 prohibits employment of children (including the disabled) below the age of 14 years to work in any factory or mine or to be engaged in any other hazardous employment. Even a private contractor acting for the Government cannot engage children below 14 years of age in such employment.
Article 25 guarantees to every citizen (including the disabled) the right to freedom of religion. Every disabled person (like the non-disabled) has the freedom of conscience to practice and propagate his religion subject to proper order, morality and health.
No disabled person can be compelled to pay any taxes for the promotion and maintenance of any particular religion or religious group.
No Disabled person will be deprived of the right to the language, script or culture which he has or to which he belongs.
Every disabled person can move the Supreme Court of India to enforce his fundamental rights and the rights to move the Supreme Court is itself guaranteed by Article 32.
No disabled person owning property (like the non-disabled) can be deprived of his property except by authority of law though right to property is not a fundamental right. Any unauthorized deprivation of property can be challenged by suit and for relief by way of damages.
Every disabled person (like the non-disabled) on attainment of 18 years of age becomes eligible for inclusion of his name in the general electoral roll for the territorial constituency to which he belongs.
The right to education is available to all citizens including the disabled. Article 29(2) of the Constitution provides that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on the ground of religion, race, caste or language.
Article 45 of the Constitution directs the State to provide free and compulsory education for all children (including the disabled) until they attain the age of 14 years. No child can be denied admission into any education institution maintained by the State or receiving aid out of State funds on the ground of religion, race, casteor language.
Article 47 of the constitution imposes on the Government a primary duty to raise the level of nutrition and standard of living of its people and make improvements in public health - particularly to bring about prohibition of the consumption of intoxicating drinks and drugs which are injurious toone’s health except for medicinal purposes.
The health laws of India have many provisions for the disabled. Some of the Acts which make provision for health of the citizens including the disabled may be seen in the Mental Health Act, 1987 (See later in the chapter).
Various laws relating to the marriage enacted by the Government for DIFFERENT communities apply equally to the disabled. In most of these Acts it has been provided that the following circumstances will disable a person from undertaking a marriage. These are:
Where either party is an idiot or lunatic,
Where one party is unable to give a valid consent due to unsoundness of mind or is suffering from a mental disorder of such a kind and extent as to be unfit for ‘marriage for procreation of children’
Where the parties are within the degree of prohibited relationship or are sapindas of each other unless permitted by custom or usage.
Where either party has a living spouse
The rights and duties of the parties to a marriage whether in respect of disabled or non-disabled persons are governed by the specific provisions contained in different marriage Acts, such as the Hindu Marriage Act, 1955, the Christian Marriage Act, 1872 and the Parsi Marriage and Divorce Act, 1935. Other marriage Acts which exist include; the Special Marriage Act, 1954 (for spouses of differing religions) and the Foreign Marriage Act, 1959 (for marriage outside India). The Child Marriage Restraint Act, 1929 as amended in 1978 to prevent the solemnization of child marriages also applies to the disabled. A Disabled person cannot act as a guardian of a minor under the Guardian and
Wards Act, 1890 if the disability is of such a degree that one cannot act as a guardian of the minor. A similar position is taken by the Hindu Minority and Guardianship Act, 1956, as also under the Muslim Law
Under the Hindu Succession Act, 1956 which applies to Hindus it has been specifically provided that physical disability or physical deformity would not disentitle a person from inheriting ancestral property. Similarly, in the Indian Succession Act, 1925 which applies in the case of intestate and testamentary succession, there is no provision which deprives the disabled from inheriting an ancestral property. The position with regard to Parsis and the Muslims is the same. In fact a disabled person can also dispose his property by writing a ‘will’ provided he understands the import and consequence of writing a will at the time when a will is written. For example, a person of unsound mind can make a Will during periods of sanity. Even blind persons or those who are deaf and dumb can make their Wills if they understand the import and consequence of doing it.
The rights of the disabled have not been spelt out so well in the labour legislations but provisions which cater to the disabled in their relationship with the employer are contained in delegated legislations such as rules, regulations and standing orders.
Under the Designs Act, 1911 which deals with the law relating to the protection of designs any person having jurisdiction in respect of the property of a disabled person (who is incapable of making any statement or doing anything required to be done under this Act) may be appointed by the Court under Section 74, to make such statement or do such thing in the name and on behalf of the person subject to the disability. The disability may be lunacy or other disability.
Section 80 DD: Section 80 DD provides for a deduction in respect of the expenditure incurred by an individual or Hindu Undivided Family resident in India on the medical treatment (including nursing) training and rehabilitation etc. of handicapped dependants. For officiating the increased cost of such maintenance, the limit of the deduction has been raised from Rs.12000/- to Rs.20000/-.
Section 80 V: A new section 80V has been introduced to ensure that the parent in whose hands income of a permanently disabled minor has been clubbed under Section 64, is allowed to claim a deduction upto Rs.20000/- in terms of Section 80 V.
Section 88B: This section provides for an additional rebate from the net tax payable by a resident individual who has attained the age of 65 years. It has been amended to increase the rebate from 10% to 20% in the cases where the gross total income does not exceed Rs.75000/- (as against a limit of Rs.50000/- specified earlier).
The persons with disabilities (PWD) (equal opportunities, protection of rights and full participation) act, 1995
“The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995” had come into enforcement on February 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, creation of barrier- free environment, rehabilitation of persons with disability, unemployment allowance for the disabled, special insurance scheme for the disabled employees and establishment of homes for persons with severe disability etc.
Prevention and Early Detection of Disabilities
Education
Employment
Non-Discrimination
Research and Manpower Development
Affirmative Action
Social Security
Grievance Redressal
Surveys, investigations and research shall be conducted to ascertain the cause of occurrence of disabilities.
Various measures shall be taken to prevent disabilities. Staff at the Primary Health Centre shall be trained to assist in this work.
All the Children shall be screened once in a year for identifying ‘at-risk’ cases.
Awareness campaigns shall be launched and sponsored to disseminate information.
Measures shall be taken for pre-natal, peri natal, and post-natal care of the mother and child.
Every Child with disability shall have the rights to free education till the age of 18 years in integrated schools or special schools.
Appropriate transportation, removal of architectural barriers and restructuring of modifications in the examination system shall be ensured for the benefit of children with disabilities.
Children with disabilities shall have the right to free books, scholarships, uniform and other learning material.
Special Schools for children with disabilities shall be equipped with vocational training facilities.
Non-formal education shall be promoted for children with disabilities.
Teachers’ Training Institutions shall be established to develop requisite manpower.
Parents may move to an appropriate forum for the redressal of grievances regarding the placement of their children with disabilities.
3% of vacancies in government employment shall be reserved for people with disabilities, 1% each for the persons suffering from:
Blindness or Low Vision
Hearing Impairment
Locomotor Disabilities & Cerebral Palsy
Suitable Scheme shall be formulated for
The training and welfare of persons with disabilities
The relaxation of upper age limit
Regulating the employment
Health and Safety measures and creation of a non- handicapping, environment in places where persons with disabilities are employed
Government Educational Institutes and other Educational Institutes receiving grant from Government shall reserve at least 3% seats for people with disabilities.
No employee can be sacked or demoted if they become disabled during service, although they can be moved to another post with the same pay and condition. No promotion can be denied because of impairment.
Aids and Appliances shall be made available to the people with disabilities.
Allotment of land shall be made at concessional rates to the people with disabilities for:
House
Business
Special Recreational Centres
Special Schools
Research Schools
Factories by Entrepreneurs with Disability,
Public building, rail compartments, buses, ships and air-crafts will be designed to give easy access to the disabled people.
In all public places and in waiting rooms, the toilets shall be wheel chair accessible. Braille and sound symbols are also to be provided in all elevators (lifts).
All the places of public utility shall be made barrier- free by providing the ramps.
Research in the following areas shall be sponsored and promoted
Prevention of Disability
Rehabilitation including community based rehabilitation
Development of Assistive Devices.
Job Identification
On site Modifications of Offices and Factories
Financial assistance shall be made available to the universities, other institutions of higher learning, professional bodies and non-government research- units or institutions, for undertaking research for special education, rehabilitation and manpower development.
Financial assistance to non-government organizations for the rehabilitation of persons with disabilities.
Insurance coverage for the benefit of the government employees with disabilities.
Unemployment allowance to the people with disabilities who are registered with the special employment exchange for more than a year and could not find any gainful occupation
In case of violation of the rights as prescribed in this act, people with disabilities may move an application to the
Chief Commissioner for Persons with Disabilities in the Centre, or
Commissioner for Persons with Disabilities in the State.
Under the Mental Health Act, 1987 mentally ill persons are entitled to the following rights:
A right to be admitted, treated and cared in a psychiatric hospital or psychiatric nursing home or convalescent home established or maintained by the Government or any other person for the treatment and care of mentally ill persons (other than the general hospitals or nursing homes of the Government).
Even mentally ill prisoners and minors have a right of treatment in psychiatric hospitals or psychiatric nursing homes of the Government.
Minors under the age of 16 years, persons addicted to alcohol or other drugs which lead to behavioral changes, and those convicted of any offence are entitled to admission, treatment and care in separate psychiatric hospitals or nursing homes established or maintained by the Government.
Mentally ill persons have the right to get regulated, directed and co-ordinated mental health services from the Government. The Central Authority and the State Authorities set up under the Act have the responsibility of such regulation and issue of licenses for establishing and maintaining psychiatric hospitals and nursing homes.
Treatment at Government hospitals and nursing homes mentioned above can be obtained either as in patient or on an out-patients basis.
Mentally ill persons can seek voluntary admission in such hospitals or nursing homes and minors can seek admission through their guardians. Admission can be sought for by the relatives of the mentally ill person on behalf of the latter. Applications can also be made to the local magistrate for grants of such (reception) orders.
The police have an obligation to take into protective custody a wandering or neglected mentally ill person, and inform his relative, and also have to produce such a person before the local magistrate for issue of reception orders.
Mentally ill persons have the right to be discharged when cured and entitled to ‘leave’ the mental health facility in accordance with the provisions in the Act.
Where mentally ill persons own properties including land which they cannot themselves manage, the district court upon application has to protect and secure the management of such properties by entrusting the same to a ‘Court of Wards’, by appointing guardians of such mentally ill persons or appointment of managers of such property.
The costs of maintenance of mentally ill persons detained as in-patient in any government psychiatric hospital or nursing home shall be borne by the state government concerned unless such costs have been agreed to be borne by the relative or other person on behalf of the mentally ill person and no provision for such maintenance has been made by order of the District Court. Such costs can also be borne out of the estate of the mentally ill person.
Mentally ill persons undergoing treatment shall not be subjected to any indignity (whether physical or mental) or cruelty. Mentally ill persons cannot be used without their own valid consent for purposes of research, though they could receive their diagnosis and treatment.
Mentally ill persons who are entitled to any pay, pension, gratuity or any other form of allowance from the government (such as government servants who become mentally ill during their tenure) cannot be denied of such payments. The person who is in-charge of such mentally person or his dependents will receive such payments after the magistrate has certified the same.
A mentally ill person shall be entitled to the services of a legal practitioner by order of the magistrate or district court if he has no means to engage a legal practitioner or his circumstances so warrant in respect of proceedings under the Act.
This Act provides guarantees so as to ensure the good quality of services rendered by various rehabilitation personnel. Following is the list of such guarantees:
To have the right to be served by trained and qualified rehabilitation professionals whose names are borne on the Register maintained by the Council
To have the guarantee of maintenance of minimum standards of education required for recognition of rehabilitation qualification by universities or institutions in India.
To have the guarantee of maintenance of standards of professional conduct and ethics by rehabilitation professionals in order to protect against the penalty of disciplinary action and removal from the Register of the Council
To have the guarantee of regulation of the profession of rehabilitation professionals by a statutory council under the control of the central government and within the bounds prescribed by the statute
The national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999
The Central Government has the obligation to set up, in accordance with this Act and for the purpose of the benefit of the disabled, the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability at New Delhi.
The National Trust created by the Central Government has to ensure that the objects for which it has been set up as enshrined in Section 10 of this Act have to be fulfilled.
It is an obligation on part of the Board of Trustees of the National Trust so as to make arrangements for an adequate standard of living of any beneficiary named in any request received by it, and to provide financial assistance to the registered organizations for carrying out any approved programme for the benefit of disabled.
Disabled persons have the right to be placed under guardianship appointed by the ‘Local Level Committees’ in accordance with the provisions of the Act. The guardians so appointed will have the obligation to be responsible for the disabled person and their property and required to be accountable for the same.
A disabled person has the right to have his guardian removed under certain conditions. These include an abuse or neglect of the disabled, or neglect or misappropriation of the property under care.
Whenever the Board of Trustees are unable to perform or have persistently made default in their performance of duties, a registered organization for the disabled can complain to the central government to have the Board of Trustees superseded and/or reconstituted.
The National Trust shall be bound by the provisions of this Act regarding its accountability, monitoring finance, accounts and audit.
This declaration on the rights of mentally retarded person’s calls for national and international actions so as to ensure that it will be used as a common basis and frame of reference for the protection of their rights:
The mentally retarded person has, to the maximum degree of feasibility, the same rights as under human beings.
The mentally retarded person has a right to proper medical care, physical therapy and to such education, training, rehabilitation and guidance which will enable him to further develop his ability, and reach maximum potential in life.
The mentally retarded person has a right of economic security and of a decent standard of living. He/she has a right to perform productive work or to participate in any other meaningful occupation to the fullest possible extent of capabilities.
Whenever possible, the mentally retarded person should live with his own family or with his foster parents and participate in different forms of community life. The family with which he lives should receive assistance. If an institutional care becomes necessary then it should be provided in surroundings and circumstances as much closer as possible to that of a normal lifestyle.
The mentally retarded person has a right to a qualified guardian when this is required in order to protect his personal well-being or interests.
The mentally retarded person has a right to get protection from exploitation, abuse and a degrading treatment. If prosecuted for any offence; he shall have right to the due process of law, with full recognition being given to his degree of mental responsibility.
Whenever mentally retarded persons are unable (because of the severity of their handicap) to exercise their rights in a meaningful way or it should become necessary to restrict or deny some or all of their rights then the procedure(s) used for that restriction or denial of rights must contain proper legal safeguards against every form of abuse. This procedure for the mentally retarded must be based on an evaluation of their social capability by qualified experts, and must be subject to periodic review and a right of appeal to the higher authorities.
Source: A Handbook for Parents of Children with Disabilities
Central Government Schemes
The various central government schemes are compiled in this blog post. This research was done by the Centre for Law and Policy Research and Anandhi Viswanathan.
General Entitlements
1. Persons with disabilities are eligible for income tax deduction under Section 80U. Deduction of Rs. 50,000 is provided to those with disability in the range of 40 per cent to 80 per cent. Deduction of Rs. 1,00,000 is provided to those with more than 80 per cent disability.
2. Legal guardians of dependant persons with disabilities are eligible for income tax deduction under section 80DD for expenditures incurred on medical care, training and rehabilitation expenses or annuity paid. Deduction of Rs. 50,000 can be claimed for dependents with 40 per cent to 80 per cent disability and Rs. 1,00,000 can be claimed for dependants with 80 per cent or more disabilities.
3. Persons with disabilities are exempted from payment of professional tax.
Sl. No.
|
Notification / Scheme
|
Issuing Authority
|
Notification No / Date
|
Deduction under 80U
|
Ministry of Finance
| ||
Deduction under 80DD
|
Ministry of Finance
| ||
Exemption from professional tax
|
Ministry of Finance
|
Women and Children with Disabilities
1. The government is yet to implement schemes / notifications in this category.
Education
1. Scheme of National Scholarship for Persons with Disabilities – Scholarship is awarded for pursueing post matric / professional / technical courses of duration more than one year. For students with autism / cerebral palsy / mental retardation / multiple disabilities the scholarship is provided from Class 9 onwards. Advertisements are placed in all national dailies and on the MSJE website in the month of June. Applicants are eligible if they have disability above 40 per cent and the total family income does not exceed Rs. 15,000 per month.
Category
|
Day Scholars
|
Hostelers
|
Graduate / PG courses in Professional / Technical
|
Rs. 700
|
Rs. 1000
|
Diploma / Certificate level professional courses
|
Rs. 400
|
Rs. 700
|
2. Fees up to Rs. 10,000 are reimbursed every year. Financial assistance is provided for procuring computer with editing software for students with visual impairment / hearing impairment pursueing graduate / post graduate professional courses and support access software for students with cerebral palsy.
3. Students with disabilities are provided three per cent reservation in seats in government and government aided educational institutes.
4. Comprehensive Education Scheme for Disabled Children – The scheme provides for accessible and barrier free built-in infrastructure and transport facilities, supply of books, uniforms and stationery, specialised learning aids and scholarships for students with disabilities. Other provisions in the scheme include exemption from mathematics and pictoral questions for visually impaired students, use of scribes / readers for students with visual impairment / orthopaedic disabilities / learning disabilities, extra time in examinations for disabled students, exemption from third language and modification of curriculum to facilitate inclusive education.
5. Inclusive Education for the Disabled at Secondary Stage (IEDSS) – This scheme supports children with disabilities aged 14 or above for completing their secondary education from Class 9 to Class 12 in government, local body and government aided schools. The scheme provides for identification of children with disabilities moving from elementary school to secondary and providing them with aids and appliances for their disabilities, access to learning material, transport facilities, hostel facilities, scholarships, books, assistive technologies and provision of scribes and readers.
6. Rajiv Gandhi Fellowship scheme – This scheme provides scholarships to persons with disabilities to pursue higher education such as M Phil / Ph D. The scheme offers 200 fellowships every year and covers all the universities and institutions covered by the University Grants Commission. All students with disabilities admitted to M. Phil / Ph. D programmes of any university or academic institution are eligible to receive the fellowship provided they meet the requirements of the scheme. The fellowship will be awarded for a maximum of five years.
Sl. No.
|
Notification / Scheme
|
Issuing Authority
|
Notification No. / Date
|
1
|
Scheme of National Scholarship for Persons with Disabilities
|
Ministry of Social Justice and Empowerment
| |
2
|
3% reservation in govt / govt aided institutes
|
Ministry of Edication
| |
3
|
Comprehensive Education Scheme for Disabled Children
|
Ministry of Social Justice and Empowerment
|
2005
|
4
|
Integrated Education for the Disabled in the Secondary Stage.
|
Department of Education
| |
5
|
Rajiv Gandhi Fellowship to pursue higher education
|
T – Department of Disability Affairs
|
04. 2012
|
Employment
1. The government has reserved three per cent posts in Groups A, B, C and Group D positions in government services, public sector banks and government undertakings for persons with disabilities. The reservations are provided as:
Category
|
Reservation
|
Visually Impaired
|
One Per cent
|
Hearing Impaired
|
One Per cent
|
Physically disabled
|
One Per cent
|
2.
3. A roster of 100 points is prescribed for reserving positions for persons with disabilities in government employment. Points on the roster are reserved as given below for every year:
Category
|
Roster Point
|
Visually Impaired
|
34
|
Hearing Impaired
|
67
|
Physically disabled
|
100
|
4.
5. IF for any year the vacancies reserved for persons with disabilities are not filled, the vacancies are required to be carried forward for three consecutive years until a suitable candidate is found. If a suitable candidate is not found even after three years, the vacancies may be filled through interchanging between disabilities after which the reservation ceases to exist.
6. Persons with disabilities are given an age relaxation of up to ten years in the upper age limit for recruitment to government positions. They are also exempted from payment of application fees and examination fees.
7. The government provides that persons with disabilities should not be denied promotion in their employment on account of the disability / medical fitness if they are otherwise medically fit and can discharge their duties satisfactorily.
8. The government has identified positions in various departments and sections that are to be reserved for persons with disabilities based on their ability to perform the work of the position.
9. The government provides that persons with disabilities recruited to Group C and Group D employment on regional basis may be given postings, as far as possible under administrative constraints, nearest to their native places within the region. Requests from disabled employees for transfers to offices in or nearest to their native places may also be given priority.
10. The government has established special employment exchanges for persons with disabilities in all state capitals and special employment cells have been set up in all district headquarters for recruitment to government posts reserved for persons with disabilities. In places where special employment exchanges have not been established, special employment cells have been set up within regular employment exchanges. Persons with disabilities are required to register themselves with the special employment exchanges / cells to be eligible for government employment under reservation. Special employment registrations can also be done at the 17 vocational rehabilitation centres for persons with disabilities.
11. The government provides for employment of persons with disabilities in the private sector through incentives to employers. The government pays the employer’s contribution of the disabled employee’s provident fund and employee state insurance up to three years for employment of persons with disabilities with a minimum salary of Rs. 25,000 per month.
12. The Ministry of Petroleum and Natural Gas has reserved 7.5 per cent of all types of dealership agencies of public sector oil companies for persons with physical disabilities. This does not include defence personnel injured while on service. The dealership is advertised in one English daily and one regional language daily having maximum circulation in the district where the dealership is located. Applicants should be Indian citizens, aged between 21 years to 30 years, should have a minimum educational qualification of matriculation or equivalent, should produce disability certificate with minimum 40 percent disability of either upper limb or lower limb or both limbs considered together. Persons with partial hearing impairment are also eligible to apply. Persons with total visual impairment are eligible to apply for retail outlets, kerosene / LDO dealerships but are not eligible to apply for LPG dealership. Total family income of applicant should not exceed Rs. 50,000 per annum.
13. The National Handicapped Finance and Development Corporation provides loans to persons with disabilities for self employment. The details of the schemes are given as under:
o For setting up small business in service / trading sector – loan of Rs. 3,00,000 (Three lakh)
o For setting up small business in sales / trading sector – Rs. 5,00,000 (five lakh)
o For agriculture / allied activities – Loan of up to Rs. 10,00,000 (ten lakh)
o Purchase of vehicle for commercial hiring – Loan of Rs. 10,00,000 (ten lakh)
o For setting up small industries unit – Loan of Rs. 25,00,000 (25 lakh)
o For professionally educated / trained persons with disabilities for self-employment – Rs. 25,00,000 (25 lakh)
o For building business premises on own land for employment – Rs. 3,00,000 (three lakh)
The business for which financial assistance is sought should be directly operated by the applicant. In case of persons with autism, cerebral palsy or mental retardation, the parent / spouse / legal guardian of the applicant is authorised to enter into contract with NHFDC on behalf of the applicant. Applicant should fulfil the following eligibility criteria:
· Should have disability of minimum 40 percent
· Should be an Indian citizen
· Should have required professional / technical qualification for the business undertaken
· Loans should be repaid by a maximum of 10 years.
Sl. No.
|
Notification / Scheme
|
Issuing Authority
|
Notification No. / Date
|
1
|
3% reservation in employment
|
Ministry of Personnel, Public Grievances and Pension
| |
2
|
Roster system for reservation
|
Ministry of Personnel, Public Grievances and Pension
| |
3
|
Carry forward of employment reservation
|
Ministry of Personnel, Public Grievances and Pension
| |
4
|
Age relaxation for direct recruitment
|
Ministry of Personnel, Public Grievances and Pension
| |
5
|
Non denial of promotion
|
Ministry of Personnel, Public Grievances and Pension
| |
6
|
Identification of jobs
|
Ministry of Personnel, Public Grievances and Pension
| |
7
|
Postings / Transfer of disabled employees
|
Ministry of Personnel, Public Grievances & Pensions – Department of Personnel and Training
|
O.M.No.14017/41/90
|
8
|
Special employment exchanges
| ||
9
|
Incentives for private employers
|
Ministry of Social Justice and Empowerment – Department of Disability Affairs
| |
10
|
Award of dealership / agency by oil companies
|
Department of Petroleum and Natural Gas
| |
11
|
Financial assistance from NHFDC
|
National Handicapped Finance & Development Corporation
|
2013
|
Social Security, Health, Rehabilitation and Recreation
1. The Indira Gandhi National Disability Pension Scheme: This was inserted as a component of the National Social Assistance Programme on 17th February, 2009 by the Secretary, Ministry for Rural Development. Under IGNDPS, central assistance of Rs. 300 p.m. per beneficiary is provided to persons with severe or multiple disabilities in the age group of 18-79 years and belonging to a household living BPL as per criteria prescribed by Government of India. This scheme has been implemented in 8 districts of Manipur and a total of Rs 13.4 lakhs has been received by the State Government for this scheme in 2010-11.
2. Composite Regional Centres for Persons with Disabilities (CRCs): Due to lack of adequate facilities for rehabilitation of Persons with Disabilities, the Ministry has set up multiple Composite Regional Centres for Persons with Disabilities at Srinagar, Sundernagar (Himachal Pradesh), Lucknow, Bhopal, Kozhikode, Ahmedabad (No. 6-9/2009-NIs) and Guwahati to provide both preventive and promotional aspects of rehabilitation like education, health, employment and vocational training, research and manpower development, rehabilitation for persons with disabilities etc.
3. District Disability Rehabilitation Centres (DDRCs): The Ministry with active support of State Governments is facilitating setting up District Disability Rehabilitation Centres (DDRCs) to provide rehabilitation services to persons with disabilities. Centres are being set up in unreached and unserved districts of the country in a phased manner. These centres are to provide services for prevention and early detection, referral for medical intervention and surgical correction, fitment of artificial aids and appliances, therapeutical services such as physiotherapy, occupational and speech therapy, provision of training for acquisition of skills through vocational training, job placement in local industries etc. at district headquarters as well as through camp approach.
4. Assistance to Disabled Persons for Purchase /Fitting of Aids and Appliances (ADIP Scheme): The main objective of the scheme is to assist needy persons with disabilities in procuring durable sophisticated and scientifically manufactured, modern, standard aids and appliances that can promote their physical, social and psychological rehabilitation by reducing the effects of disabilities and enhance their economic potential. Aids and appliances which do not cost less than Rs. 50 and not more than Rs. 6,000 are covered under the scheme. Further travelling cost would be admissible and limited to a bus fare in the ordinary class or railway by second class sleeper subject to a limit of Rs. 250 for the beneficiary irrespective of the number of visits to a medical centre.[1]
5. Public Sector Banks: Under the ‘Scheme for Public Sector Banks for Orphanages, Women’s Homes and Physically Handicapped Persons’, the benefits of the differential rate of interest are available to physically handicapped persons as well as institutions working for the welfare of the handicapped. Rate of interest will be uniformly charged at 4% per annum keeping in view the social objectives. Under the scheme of Financing Small Scale Industries, a special provision has been made in the rate of interest for the physically handicapped person (0.5% concession) for availing capital limit up to Rs.2,00,000/-.
6. The National Handicapped Finance and Development Corporation (NHFDC): This corporation has been set up by the Ministry of Social Justice & Empowerment, Government of India on 24th January 1997. The company is registered under Section 25 of the Companies Act, 1956 as a Company not for profit. It is wholly owned by Government of India and has an authorised share capital of Rs. 400 crores (Rupees Four Hundred Crore only). The NHFDC functions as an Apex institution for channelising the funds to persons with disabilities through the State Channelising Agencies (SCAs) nominated by the State Government(s). The schemes include loans for setting up small business in service/trading/industrial units, for higher studies/professional training, for manufacturing /production of assistive devices for disabled persons, for agricultural activities, for self employment amongst persons with mental retardation, Cerebral Palsy and Autism.
7. Deendayal Disabled Rehabilitation Scheme (DDRS): Replaced the earlier ‘Scheme to Promote Voluntary Action for Persons with Disabilities’ on 01.04.2009. Under this scheme financial assistance is provided through NGOs for various projects for providing education, vocational training and rehabilitation of persons with disabilities. It is a scheme to promote voluntary action for persons with disabilities. The maximum level of support could be up to 90% of the eligible amount of grant for the project. During the 10th Five Year Plan grant-in-aid to the extent of Rs. 335.4 cr. was released to NGOs under the revised DDRS.[2]
8. Indira Awaas Yojana: It is a centrally sponsored housing scheme for providing dwelling units free of cost to the rural poor living below the poverty line at a unit cost of Rs. 20,000 in plain areas and Rs. 22, 000 in the hill/difficult areas. Three percent of its funds are reserved for the benefit of disabled persons living below the poverty line in rural areas.[3]
9. Scheme of National Awards for the Empowerment of Persons with Disabilities: In order to recognise their effort and encourage others to strive to achieve excellence in this field, separate awards are being presented to the most efficient/outstanding employees with disabilities, best employers, best placement agency/officer, outstanding individuals, outstanding institutions, role models, outstanding creative disabled individuals and for outstanding technological innovation and adaptation of innovation to provide cost effective technology. Awards are also given to Government Sector, Public Sector Undertakings and private enterprises for creating barrier free environment for the persons with disabilities, the best district in the field of disability rehabilitation, best Local Level Committee of the National Trust and to the best State Channelising Agency (SCA) of the National Handicapped Finance and Development Corporation (NHFDC). Preference is given to the placement of women with disabilities, particularly, from the rural areas and self-employed women.[4]
10. Trust Fund for the Empowerment of Persons with Disabilities: The Supreme Court in its order dated 16th April, 2004 in the Civil Appeals No.4655 and 5218 of 2000 had directed that the banks, who had collected an estimated excess amount of Rs.723.79 crores annually from the borrowers through rounding off in collection of interest tax, should transfer it to a trust which would be used for welfare of persons with disabilities. The Court had constituted a Committee under the chairmanship of Comptroller and Auditor General of India with Finance Secretary and Law Secretary as members. The Ministry had sought directions of the Apex court for transfer of these funds to the National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities for purposeful utilization. The Supreme Court is yet to take a view on the request of the Ministry but in the meantime the trust has been set up and the banks have been advised by the Banking Division of the Ministry of Finance to deposit the due amount in the Trust account.
11. Technology Development Projects in Mission Mode: With a view to provide suitable and cost effective aids and appliances through the application of technology and to increase their employment opportunities and integration in society of the physically disabled, the above scheme was started during 1990-91. Under the scheme, suitable R&D projects are identified and funded for developing aids and appliances. The scheme is implemented through the IITs. Educational Institutes, Research Agencies and Voluntary Organisations etc. Financial assistance is provided on 100% basis. The four Technical Advisory Groups monitor the selection of the projects and also their progress at different stages in areas of disabilities, namely, Orthopaedic (including Cerebral Palsy), Visual, Speech and Hearing and Mental. All the projects those are recommended by the respective Technical Advisory Groups placed before the Apex Level Committee headed by Secretary, Ministry of Social Justice and Empowerment.[5]
Sl. No.
|
Description
|
Issuing Authority
|
Date Issued
|
1
|
The Indira Gandhi National Disability Pension Scheme (IGNDP) D.O.J.-11013/2/2007-NSAP
|
Ministry of Rural Development
|
February, 2009
|
2
|
Composite Regional Centres for Persons with Disabilities (CRCs)
|
Ministry of Social Justice and Empowerment
| |
3
|
District Disability Rehabilitation Centres (DDRCs)
|
Ministry of Social Justice and Empowerment
|
1995
|
4
|
Assistance to Disabled Persons for Purchase /Fitting of Aids and Appliances (ADIP Scheme)
|
Ministry of Social Justice and Empowerment
|
01.04.2005
|
5
|
‘Scheme of Public Sector Banks for Orphanages, Women's Home and Physically Handicapped persons' D.O.No.F.301/89-SCT (B) dated 8.9.89
|
Department of Economic Affairs & Ministry of Welfare
|
08.09.1989
|
6
|
The National Handicapped Finance and Development Corporation (NHFDC)
|
Ministry of Social Justice and Empowerment
|
24.01.1997
|
7
|
Deendayal Disabled Rehabilitation Scheme (DDRS)
|
Ministry of Social Justice and Empowerment
|
01.04.2009
|
8
|
Indira Awaas Yojana
|
Ministry of Rural Development
|
May, 1985
|
9
|
Scheme of National Awards for the Empowerment of Persons with Disabilities
|
Ministry of Social Justice and Empowerment
|
2012
|
10
|
Trust Fund for the Empowerment of Persons with Disabilities via Civil Appeals No.4655 and 5218 of 2000
|
Supreme Court of India
|
16.04.2004
|
11
|
Technology Development Projects in Mission Mode
|
Ministry of Social Justice and Empowerment
|
Accessibility
Guidelines and Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons[6] : In order to create a barrier free environment in consonance with the provisions of the Act, the Government of India (Ministry of Urban Affairs & Employment) is currently engaged in the process of amending/modifying the existing building bye-laws which would be applicable to all buildings and facilities used by the public. With this intention to ensure that everyone, including the physically disabled and elderly persons ,will have equal access in everyday life in the city, the Min. of UA&E has constituted a committee under the chairmanship of DG(W), CPWD with the following members for the purpose of developing comprehensive Guide lines and space Standards for barrier free built environment for disabled and elderly persons.
Sl. No.
|
Description
|
Issuing Authority
|
Date Issued
|
1
|
Guidelines for Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons
|
Central Public Works Department
|
1998
|
Certification
1. Guidelines for issue of Disability Certificates: the Persons with Disabilities Rules, 1996 provide the broad guidelines for issue of the disability certificates. The Rules lay down that a Medical Board, duly constituted by the Central and the State Government, shall issue a Disability Certificate. The certificate issued by the Medical Board makes a person eligible to apply for facilities, concessions and benefits admissible under schemes of the Governments or Non-Governmental Organisations, subject to such conditions as the Central or the State Government may impose. It is for this reason that the Central Government has issued these guidelines with the aim of simplifying the procedures for issue of disability certificates. It has also created some additional guidelines for the issue of disability certificates to students with disabilities.
2. Guidelines for evaluation of various disabilities and procedure for certification: The Government has notified the guidelines for evaluation of locomotor, visual, hearing, mental retardation and multiple disabilities and the procedure for certification, formulated by the Expert Committees set up by the Government, under the Chairmanship of Director General Health Services (DGHS), vide notification No. 16-18/97-NI I dated 1st June, 2001. As per the guidelines, the Director General of Health Services, Ministry of Health and Family Welfare is the final authority, should there arise any controversy / doubt regarding the interpretation of the definitions/classifications / evaluations tests etc. Therefore, for any problems relating to evaluation of various disabilities and procedure for certification, Director General of Health Services, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi may be approached.
Sl. No.
|
Description
|
Issuing Authority
|
Date Issued
|
1
|
Guidelines for Issue of Disability Certificates No. 16-18/97-NI
|
Ministry of Social Justice and Empowerment
| |
2
|
Guidelines for Evaluation of Various Disabilities and Procedure for Certification via D.O.No.F.301/89-SCT (B) DATED 8.9.89
|
Ministry of Social Justice and Empowerment
|
No comments:
Post a Comment