Constitutional Rights for ALL

The fundamental rights guaranteed for persons with disability under the constitution are:

Article 14 ensures that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Article 15 (1) enjoins on the government not to discriminate against any citizen of India (including the disabled) on the grounds of religion, race, caste, sex and place of birth. Hence, the Constitution of India, under the above clauses guarantees that every disabled person has a Right To Education, freedom, and health just like any other citizen of India.

THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

Key Salient features of Act

The number of recognized disability conditions has been increased from 7 to 21

Blindness Low-vision
Leprosy Cured persons Hearing Impairment
(deaf and hard of hearing)
Locomotor Disability Dwarfism
Intellectual Disability Mental Illness
Autism Spectrum Disorder Cerebral Palsy
Muscular Dystrophy Chronic Neurological conditions
Specific Learning Disabilities Multiple Sclerosis
Speech and Language disability Thalassemia
HemophiliaSickle Cell disease
Multiple Disabilities including
deafblindness
Acid Attack victim
Parkinson’s disease

The Persons with “benchmark disabilities” are those who are certified to have at least 40% of disability.

Rights and entitlements

  • Responsibility has been cast upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.
  • Additional benefits such as reservation in higher education (not less than 5%), government jobs (not less than 4 %), reservation in allocation of land, poverty alleviation schemes (5% allotment) etc. have been provided for persons with benchmark disabilities and those with high support needs.
  • Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
  • Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education to the children with disabilities.
  • For strengthening the Prime Minister’s Accessible India Campaign, stress has been given to ensure accessibility in public buildings (both Government and private) in a prescribed time-frame. http://www.disabilityaffairs.gov.in/upload/uploadfiles/files/RPWD%20ACT%202016.pdf

National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act was passed by Parliament in 1999. This act covers the following disability areas and is defined by the National Trust as follows:

  • “Autism means a condition of uneven skill development primarily affecting the communication and social abilities of a person, marked by repetitive and ritualistic behavior.”
  • “Cerebral Palsy means a group of non-progressive condition of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, perinatal or infant period of development.”
  • “Multiple disabilities means a combination of two or more disabilities as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.” http://socialwelfare.delhigovt.nic.in/disabilityact.htm
  • “Severe Disability means disability with eighty percent or more of one or more multiple disabilities”.

REHABILITATION COUNCIL OF INDIA ACT 1992 & amendment in 2000

The objective is to regulate training programs and courses so that teacher competencies, knowledge, skill and aptitude are standardized and are in keeping with the best standards of practice in Special Education all across India.

For professionals working in the field of rehabilitation for persons with disabilities, RCI is the only statutory council in India that is required to maintain the Central Rehabilitation Register which mainly documents details of all qualified professionals who operate and deliver training and educational programs for the targeted communities.

In the year 2000, the Rehabilitation Council of India (Amendment) Act, 2000, was introduced and subsequently notified by the Government of India.

Check out http://www.rehabcouncil.nic.in/writereaddata/rciact.pdf And an amendment carried out in 2000. Check out http://www.rehabcouncil.nic.in/writereaddata/rciact.pdf