RIGHT TO PERSONS WITH DISABILITIES (DIVYANGJAN)
Dr. Ankita Kumari,
Dr. Shakuntala Misra National Rehabilitation University, Lucknow
Govt. of Uttar Pradesh
Disabilities are caused by various factors,
some of which are known and some are
yet to be ascertained. With regard to the
known causes, acts of prevention can help
to reduce the incidence of disability both
congenital and acquired. The Rights of
persons with Disabilities Act (2016)
replaces the Persons with Disabilities
(Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995. The new
Act includes the 21 conditions under
disability. In implementation of obligations
under the UN Convention on the Rights of Persons with Disabilities (UNCRPD), India
enacted the Rights of Persons with Disabilities Act, 2016 in December, 2016. The
Act has been brought into force from April 19, 2017. The Act identifies various
specified disabilities broadly classified into following categories as under:
S.N Domains of Disability Types of Disability
1 Physical Disability 1. Locomotor Disability,
2. Muscular Dystrophy;
3. Leprosy Cured,
4. Dwarfism,
5. Cerebral Palsy,
6. Acid Attack Victims and
2 Visual Impairment 7. Blindness and
8. Low-Vision;
3 Hearing Impairment 9. Deaf,
10. Hard of Hearing,
11. Speech and Language Disability;
4 Intellectual Disability 12. Intellectual Disability and
13. Specific Learning Disabilities;
14. Autism Spectrum Disorder
5 Mental Behavior 15. Mental Illness;
6 Chronic Neurological Conditions; 16. Multiple Sclerosis and
17. Parkinson's Disease
7 Blood Disorder 18. Haemophilia,
19. Thalassemia and
20. Sickle Cell Disease;
8 Multiple Disabilities 21. Multiple Disabilities including deaf
blind.
International Day of Persons with Disabilities (IDPD), 3 December 2021
The annual observance of the International Day of Persons with Disabilities was
proclaimed in 1992 by United Nations General Assembly resolution 47/3. It aims to
promote the rights and well-being of persons with disabilities in all spheres of society
and development, and to increase awareness of the situation of persons with
disabilities in every aspect of political, social, economic and cultural life. The theme
for IDPD 2021is “Leadership and participation of persons with disabilities toward an
inclusive, accessible and sustainable post-COVID-19 world.”
In India on the occasion of the International
Day of Persons with Disabilities (IDPD),
National Awards for the Empowerment of
Persons with Disabilities are conferred to
Individuals/Institutions/States/Districts for
their outstanding achievements in the field of
empowerment of persons with disabilities,
under the following 14 categories:- i) Best
Employees/Self Employed with disabilities (ii)
(a) Best Employers and (b) Best Placement
Officer or Agency (iii) (a) Best Individual and
(b) Best Institution working for the Cause of
Persons with Disabilities (iv) Role Model (v)
Best Applied Research or Innovation or
Product Development aimed at improving the life of persons with Disabilities (vi)
Outstanding Work in the Creation of Barrier-free Environment for the Persons with
Disabilities (vii) Best District in Providing Rehabilitation Services (viii) Best State
Channelizing Agency of National Handicapped Federation Development Corporation
(ix) Outstanding Creative Adult Persons with Disabilities (x) Best Creative Child with
Disabilities (xi) Best Braille Press (xii) Best “Accessible” Website (xiii) Best State in
promoting empowerment of persons with disabilities and implementation of
Accessible India Campaign; and (xiv) Best Sportsperson with disability.
Meaning and Definition of Disability
A person can be handicapped in a certain environment without being disabled, or
have a disability but not be handicapped in many places. A disability is often defined
as the
malfunctioning, disturbance or loss in the normal functioning of physical, mental or
psychological processes, or a difficulty in the ability to learn, or adjust socially, which
interferes with a person’s normal growth and development. As per the Rights of
Persons with Disabilities Act, 2016 (RPwD Act), persons with disabilities, Person
with Benchmark Disability and Person with Disability having High Support Needs
means;
Person with Disability— means a person with long term physical, mental,
intellectual or sensory impairment which, in interaction with barriers, hinders his full
and effective participation in society equally with others;
Person with Benchmark Disability— means a person with not less than forty
percent of a specified disability where specified disability has not been defined in
measurable terms and includes a person with disability where specified disability has
been defined in measurable terms, as certified by the certifying authority;
Person with Disability having High Support Needs— means a person with
benchmark disability certified under clause (a) of sub-section (2) of section 58 who
needs high support;
Disability Estimates
According to Census 2011, there are 2.68 crore persons with disabilities in India who
constitute 2.21 percent of the total population. Out of the total population of persons
with disabilities, approximately 1.50 crore are men and 1.18 crore, are women.
These include persons with visual, hearing, speech and loco-motor disabilities,
mental illness, mental retardation (intellectual disabilities), multiple disabilities and
other disabilities. As per the Office of the Registrar General & Census Commissioner
India, about 36% of the persons with disabilities are working (male- 47% and female-
23%). Among the workers with disabilities, 31% constitute agricultural laborers. Fifty
percent of the PwD population in the age group of 15-59 years is working whereas
4% of children with disabilities in the age group below 14 years are working.
Constitutional Rights
The Constitution of India through its Preamble, inter-alia seeks to secure to all its
citizens; Justice, social, economic and political; Liberty of thought, expression, belief,
faith and worship; Equality of status and of opportunity. The relevant extracts of the
Eleventh Schedule to Article 243-G are Social welfare, including welfare of the
handicapped and mentally retarded” (Entry No. 26), and Twelfth Schedule to Article
243-W is Safeguarding the interests of weaker sections of society, including the
handicapped and mentally retarded” (Entry No. 09).
The Indian Law and Disability
In disability sector, there are four legislations namely, Rehabilitation Council of India
Act, 1992, The Rights of Persons with Disabilities Act, 2016; National Trust for the
Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999 and Mental HealthCare Act, 2017. Out of these, the first three
legislations are dealt in the Ministry of Social Justice and Empowerment, Govt. of
India and the fourth in the Ministry of Health and Family Welfare, Govt. of India.
The Rehabilitation Council of India Act, 1992
An act to provide for the constitution of the Rehabilitation Council of India (RCI) for
regulating the training of rehabilitation professionals and the maintenance of a
Central Rehabilitation Register (CRR) and for matters connected therewith or
incidental thereto. Across the country, approximately 750 Teacher Training Institutes
and 14 State Open Universities are running RCI approved Courses in disability field
from Certificate to M.Phil level courses. At present 60 Courses are operational
through regular mode covering all the 16 categories of professionals/personnel
allocated to RCI.
The National Trust for the Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disabilities Act, 1999
The Government of India enacted the National Trust for the Welfare of Persons with
Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, with
objective to provide for the constitution of a body at the National level for the Welfare
of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities
and for matters connected therewith or incidental thereto. The trust aims to provide
total care to persons with mental retardation and cerebral palsy and also manage the
properties bequeathed to the Trust.
The Rights of Persons with Disabilities Act, 2016
The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995. It fulfills the obligations to the United
National Convention on the Rights of Persons with Disabilities (UNCRPD), to which
India is a signatory. According to the Rights of Persons with Disabilities (RPwD) Act,
2016, enacted on 28.12.2016 and came into force from 19.04.2017, now the
Disability has been considered as an evolving and dynamic concept.
The Mental Healthcare Act, 2017
Government of India passed ‘the Mental Health Care Act, 2017’on 7 April 2017, with
an objective to provide for mental healthcare and services for persons with mental
illness and to protect, promote and fulfill the rights of such persons during delivery of
mental healthcare and services and for matters connected therewith or incidental
thereto.
National Policy for Persons with Disabilities
The Department of Empowerment of Persons with Disabilities, Govt. of India has
constituted a Committee under the Chairpersonship of Secretary, DEPwD to review
the existing National Policy for PwDs, 2006 and suggest a new Policy document
taking into account the provisions of the RPwD Act, 2016, United Nations
Conventions on the Rights of Persons with Disabilities (UNCRPD) and global best
practices in managing disability.
SOME OTHER IMPORTANT RIGHTS
Rights are interconnected and are interdependent. In the absence of one it becomes
difficult to enjoy other rights. In this chapter we will talk about some of the rights seen
crucial in the enjoyment of all other rights. Education, Employment and right to
access form the core of these rights, nonetheless rights that are not mentioned in
this chapter are equally significant for persons with disabilities.
Right to Education
The RTE Act promises new stimulus to the education of Children with Special Needs
(CSWN), irrespective of the kind, category and degree of disability, for education in
an enabling inclusive environment. Teacher’s Qualifications notified by NCTE under
section 23 of the RTE Act recognize persons with Special Education (D.Ed and B.Ed
Special Education) as teachers on par with other teachers and the deployment of
such teachers in general schools for optimum utilization is a positive development.
Right to Admission in Higher Education
As per Rights of Persons with Disabilities Act, 2016, all institutions of higher
education that receive government aid have to reserve at least 5% seats for Persons
with Benchmark Disabilities and give them an age relaxation of minimum five years
for admission.
Right to Employment
The Department of Personnel & Training has issued circular on January 15, 2018 to
all the Ministries & Departments specifying 4% reservation for persons with
benchmark disabilities in Government jobs in terms of the provision of Section 34 of
the RPwD Act, 2016;
Right to Legal Guardship
The National Trust is a statutory body set up by an Act of Parliament for the Welfare
of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities
Act, 1999. The National Trust has been set up to discharge two basic duties- legal
and welfare. Legal duties are discharged through Local Level Committee and
providing legal Guardianship to Autism, Cerebral Palsy, Mental Retardation and
Multiple Disabilities.
Right to Accessibility
Given their history of segregation and isolation, the right to full participation in the
community is one that people with disabilities value very highly. However, in order to
participate in the life of the community, a person needs to get around. Whether s/he
is going to school, or to work, or to use recreational facilities, the ability of the person
with disability to move around in the immediate vicinity of the living space or travel
farther a field is critical to make him or her feel like a valued and effective member of
the community.
Right to Disability Certificate
A person with a disability who wishes to avail the benefits under the Right to Persons
with Disabilities Act has to obtain a disability certificate from the Medical Authority
notified for the purpose. The certificates are issued based on guidelines framed by
the Department of Persons with Disabilities, Ministry of Social Justice and
Empowerment, Govt. of India. The State Governments are responsible for issuing
Disability Certificates on the basis of applications received from persons with
disabilities. Possession of medical reports explaining type of his/her disability is
important, and the minimum degree of disability should be 40%. Process of
certification begins with the parent, or disabled person himself/herself approaching
the nearest District Hospital with his request for obtaining Disability Certificate
through the Medical Board which then distributes the cases to the medical sub-
committees specialized for different types of disabilities, according to the medical
diagnosis of the person with disability.
STATUTORY BODIES TO ENSURE RIGHTS TO PERSONS WITH DISABILITIES
Chief Commissioner for Persons with Disabilities (CCPD)
The Office of the CCPD was setup under the section 57(1) of the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act
1995 and in the present context, under Section 74(1) of the Rights of Persons with
Disabilities Act, 2016. The Chief Commissioner for Persons with Disabilities shall
review the safeguards provided by or under this Act or any other law for the time
being in force for the protection of rights of persons with disabilities and recommend
measures for their effective implementation; review the factors that inhibit the
enjoyment of rights of persons with disabilities and recommend appropriate remedial
measures; As per Section 75(2) of the aforesaid act.
The Chief Commissioner also may on his own motion or on the application of any
aggrieved persons or otherwise look into complaints relating to deprivation of rights
of persons with disabilities or non-implementation or rules, bye-laws, regulations
executive orders, guidelines or instructions etc, made or issued for the welfare and
protection of rights of persons with disabilities and take up the matter with the
concerned authorities. The Chief Commissioner for Persons with Disabilities has
been assigned certain powers of a Civil Court for effective discharge of the functions.
The National Trust for the welfare of persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disabilities
The National Trust is a statutory body set up under the National Trust Act 1999. The
National Trust has been set up to discharge two basic duties- legal and welfare.
Legal duties are discharged through Local Level Committee and providing legal
Guardianship. Welfare duty is discharged through the schemes.
Rehabilitation Council of India (RCI)
The Rehabilitation Council India was accorded a Statutory status by an Act of
Parliament, namely, the Rehabilitation Council of India Act, 1992 (No. 34 of 1992).
The Council is mandated to regulate and monitor the training programmes for
professionals and personnel in the field of rehabilitation and special education,
promote research in rehabilitation and special education and maintain a Central
Rehabilitation Register.
Skill Council for Persons with Disability (SCPwD)
A separate cross cutting Sector Skill Council for PwDs has already been created by
the Ministry of Skill Development & Entrepreneurship which has a Chairman from the
private sector and a full time CEO. The Council has various members representing
stakeholders from Government and Private sector and NGOs working for the cause
of PwDs.
Nodal Agency for to Ensure Rights to Divyangjan
In order to give focused attention to policy issues and meaningful thrust to the
activities aimed at welfare and empowerment of the Persons with Disabilities
(PwDs), a separate Department of Empowerment of Persons with Disabilities
(Divyangjan) was carved out of the Ministry of Social Justice and Empowerment,
Govt. of India. The Department acts as a nodal agency for matters pertaining to
disability and persons with disabilities including effecting closer coordination among
different stakeholders: related Central Ministries, State/UT Governments, NGOs etc.
in matters pertaining to disability.
Institutional Framework for Empowerment of Persons with Disabilities
In addition to the legal framework, extensive infrastructure has been
developed by the Central Government. The Govt. of India has established total 13
National Institutes under various Ministries for empowerment of Persons with
Disabilities. In addition to national institute the Ministry of Social Justice &
Empowerment has also established 20 Composite Rehabilitation Centres for Skill
Development, Rehabilitation and Empowerment of Persons with Disabilities
(Divyangjan) (CRCs), approximately 200 District Disability Rehabilitation Centres
(DDRCs). Besides, 750 private institutions conducting training courses for
rehabilitation professionals. The details of national institutes are tabulated below:-
SN National Institute / Regional Center Core Area / Headquarter
Dealing
Disabilities
1 Central Institute of Psychiatry (CIP) Mental Illness Ranchi
2 National Institute of Mental Health and Mental Illness Bengaluru
Neuro Sciences (NIMHANS)
3 All India Institute of Physical Medicine Physical Mumbai
and Rehabilitation (AIIPMR) Disability
4 Pt. Deendayal Upadhyaya National Physical New Delhi
Institute for Persons with Physical Disability
Disabilities (PDUNIPPD),
5 All India Institute of Speech and Hearing Speech and Mysore
(AIISH) Hearing
Disabilities
6 Swami Vivekanand National Institute for Physical Cuttack
the Rehabilitation Training & Research Disability
(SVNIRTAR),
7 National Institute for Locomotor Locomotor Kolkata
Disabilities (NILD), Disabilities
8 National Institute for the Empowerment of Visual Dehradun
Persons with Visual Disabilities Disabilities
(NIEPVD),
9 Ali Yavar Jung National Institute of Speech and Mumbai
Speech and Hearing Hearing
Disabilities (AYJNISHD), Disabilities
10 National Institute for the Empowerment of Intellectual Secunderabad
Persons with Intellectual Disabilities Disabilities
(NIEPID),
11 National Institute for Empowerment of Multiple Chennai
Persons with Multiple Disabilities, Disabilities
(NIEPMD)
12 Indian Sign Language Research and Sign Language New Delhi
Training Centre (ISLRTC)
13 National Institute for Mental Health Mental Health Bhopal
Rehabilitation
14 Composite Regional Center for Skill All Types of 21 State
Development, Rehabilitation and Disabilities Headquarters
Empowerment of Persons with
Disabilities (Divyangjan) (CRCs)
Implementation of the RPwD Act, 2016
To creating awareness and barrier free environment for Divyangjan Central
Universities, Hospitals, Hotels, Air Ports, Major Automobile Companies, Cinemas,
Auditorium, Metro Rail, Airlines, Pvt/PSU Banks, AIIMS Hospitals, Oil & Gas Sector
Companies, Passport offices were directed for registration of Equal Opportunity
Policies and appointment of grievance redressal officer for redressal of grievances.
Apart from the above, the guidelines for equal opportunity policy to be submitted by
various Govt. and Private organisation to the office of CCPD is finalized and based
on the guideline, the policy received from the various organisation is being
scrutinised.
The Government of India has taken the following measures:
1. The Government of India notified the Rights of Persons with Disabilities Rules on
June 15, 2017. These Rules provide for accessibility standards for built
environment, passenger bus transport and for websites, besides specifying the
procedure for applying and grant of certificate of disability, manner of publication
of equal opportunity policy, manner of utilization and management of National
Fund, etc;
2. The Govt. of India notified the Guidelines for Assessment of Extent of Specified
Disability in a person on January 04, 2018. These guidelines provide a detailed
procedure of assessment as well as the composition of the medical authority
competent to issue certificates of disability for various categories of disabilities;
3. The Department of Empowerment of Persons with Disabilities, Govt. of India has
notified the Rights of Persons with Disabilities (Amendment) Rules on March 08,
2019 specifying the manner of assessment of persons with benchmark
disabilities seeking high support needs by an Assessment Board and also the
composition of such Boards;
4. The States have been advised from time to time to frame rules in terms of
Section 101 of the Act. As on March 31, 2020, 31 States/UTs have notified the
rules under the said Act.
5. The Department of Empowerment of Persons with Disabilities, Govt. of India has
constituted the Central Advisory Board on Disability vide notification dated
November 08, 2017. The Central Advisory Board has met four times so far.
Challenges
Bringing an attitudinal change in perception of general public towards Divyangjan
remains the biggest challenge in India. Awareness generation is therefore key to
change the mindset not only of the general public but also of persons with disabilities
to increase their self-confidence. There is a greater need for the State Governments
and the local bodies to imbibe the culture of accessibility standards at the designing,
planning and execution stage for creating barrier free environment for persons with
disabilities.
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The author is guest faculty, Audiology and Speech Language pathology at Dr.
Shakuntala Misra National Rehabilitation University (DSMNRU), Govt. of Uttar
Pradesh, Lucknow, Email Id- [email protected]. Views expressed are
personal. Image Courtesy: Google
