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POSITION OF
DISABILITY LAWS
and policies IN
INDIA
Hello!
I am Parth Bhadja
Msw sem 3, DSW,
Ganpat University
I am here because I love to give presentations.
2
3
Loss of functioning
> Physical
> Sensory
> Intellectual
> Mental/Psychiatric
What is Disability?
World Health Organization Definitions
(1980)
Disability
any restriction or lack (resulting from impairment) of
the ability to perform an activity in the manner or
within the range considered normal for a human being;
4
LAWS/POLICY ON DISABILITY IN INDIA
• Mental Health Act, 1987
• The Rehabilitation Council of India Act, 1992
• The Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995
• The National Trust for the Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardation & Multiple Disabilities Act,
1999
• National Policy for Persons with Disabilities – 2006
• United Nations Convention on the Rights of Persons with
Disabilities – 3rd May 2008
KINDS OF DISABILITIES
As per PWD Act, Disability means -
- Blindness
- Low vision
- Leprosy-cured
- Hearing impairment
- Loco motor disability
- Mental retardation
- Mental illness
- Autism
- Cerebral Palsy
A PWD means a person suffering from
40% or more disability
6
Mental health act (1987)
> Treatment and institutionalization of the mentally ill.
> Protection and management of their property.
> Right to be admitted ,treated and taken care of in a psychiatric hospitals
or psychiatric nursing home.
> Mentally ill persons have the right to have regulated , directed and co-
ordinate mental health services from govt.
> central-state, Mental health prisoners and minors have a right of
treatment in psychiatric hospitals or psychiatric nursing homes of the
government.
> Treatment at Govt. hospitals and nursing homes mentioned above can be
had either as in or outpatients.
> Mentally ill patient can seek voluntary admission in hospitals
7
Rehabiitation council of india (1992)
> Under this act every rehabilitation practitioner including
special educator are expected to register in RCI after
qualifying from training institutes recognize by RCI.
> 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 or rehabilitation
qualification by universities or institutions in India.
> To have the guarantee of regulation of the profession of
rehabilitation professional by a statutory council under the
control of the central government and within the bounds
prescribed by the statue.
8
Goal of this act
> To integrate person with disabilities and provide them with
opportunities for full participation in society
> To create a society in which disabled persons would enjoy
status on par with non-disabled person
Euqal oppertunities, full participation & protection
of rights act 1995 (PWD act)
9
3% reservation in identified government jobs.
> 1% each for:
i. persons with blindness or low vision
ii.persons with hearing impairment and
iii.persons with loco motor disability or Cerebral
Palsy.
10
duties on govt.’s side
> Ensure free education till the age of 18
years
> Promote integration
> Setting up special schools
> Transport facilities
> Removal of architectural barriers
> Supply of books, uniforms etc.
Grant of scholarships
> Setting up of appropriate forums
> Suitable modification in the
examination systems
> Restructuring of curriculum Make
provisions for non-formal education
11
Mental retardation and multiple disabilities Act,1999
the National Trust for Welfare of Persons with Autism, Cerebral Palsy
Mental Retardation and Multiple Disability constituted under sub section
(1) of section3.
> Enable and empower to live independently within and as close to the
community to which they belong;
> Strengthen facilities and provide support to live within their own
families;
> Extend support to registered organization to provide need based
services during the period of crises in the family
> Deal problems of persons with disability who do not have family
support;
12
13
promotes independent living in the community for persons with
disability by:-
• creating a conducive environment in the community;
• counseling and training of family members of persons with
disability;
• setting up of adult training units, individual and group homes;
• promotes respite care, foster family care or day care service for
persons with disability;
• Setting up residential hostels and residential homes for persons with
disability;
• Development of self-help group persons with disability to pursue the
realization of their rights;
• setting up of local committee to grant approval for guardianship and
• such other programs which promote the objective of the Trust.
Rpwd act 2011
• It is an important landmark and is a significant step in the
direction of ensuring equal opportunities for person with
disabilities and their full participation in the nation building.
• To integrate person with disabilities and provide them with
opportunities for full participation in society.
• To create a society in which disabled persons would enjoy status
on par with non-disabled person.
Assistance to Disabled Persons for Purchase/ Fitting of Aids and
Appliances
The ADIP Scheme is in operation since 1981 with the main objective to assist the needy
disabled persons 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. Assistive devices are given to PwDs with an aim to improve their
independent functioning and to arrest the extent of disability and occurrence of
secondary disability. The aids and appliances supplied under the Scheme must have due
certification. The scheme also envisages conduct of corrective surgeries, wherever
required, before providing an assistive device. Under the Scheme, grants-in-aid are
released to various implementing agencies (Artificial Limbs Manufacturing
Corporation of India /National Institutes/Composite Regional Centres/District
Disability Rehabilitation Centres/ State Handicapped Development Corporations/
NGOs, etc.) for purchase and distribution of aids and assistive devices. The Scheme was
last revised w.e.f. 1.4.2014 and further modified and approved for continuation during
the remaining period of the 14th Finance Commission i.e., up to 31.3.2020.
Articals in constitution
> Article 5 - Equality and non-discrimination
> Article 6 - Women with disabilities
> Article 7 - Children with disabilities
> Article 8 - Awareness-raising
> Article 9 - Accessibility
> Article 10 - Right to life
> Article 11 - Situations of risk and humanitarian
emergencies
> Article 13 - Access to jus
16
> Article 14 - Liberty and security of the person
> Article 15 - Freedom from torture or cruel,
inhuman or degrading treatment or punishment
> Article 16 - Freedom from exploitation, violence
and abuse
> Article 17 - Protecting the integrity of the person
> Right to information act (2005)
> Right to education act (2010)
> Provides educational opportunity in a normal school
settings
> Provides special attention for leaning if it is
necessary
17
http://disabilityaffairs.gov.in
www.india.gov.in/deendayal-disabled-
rehabilitation-scheme
http://www.swavlambancard.gov.in
www.leprosymission.in
http://www.apcdfoundation.org
enabled.in
18
Websites of government of india
Websites of self help gropus setup by
disalbed persone
19
Thanks!
Any questions?
Find me at linkedin.com/parth-bhadja &
bhadjaparthn@gmail.com

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disability laws,acts and policies in india

  • 2. Hello! I am Parth Bhadja Msw sem 3, DSW, Ganpat University I am here because I love to give presentations. 2
  • 3. 3 Loss of functioning > Physical > Sensory > Intellectual > Mental/Psychiatric What is Disability?
  • 4. World Health Organization Definitions (1980) Disability any restriction or lack (resulting from impairment) of the ability to perform an activity in the manner or within the range considered normal for a human being; 4
  • 5. LAWS/POLICY ON DISABILITY IN INDIA • Mental Health Act, 1987 • The Rehabilitation Council of India Act, 1992 • The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 • The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities Act, 1999 • National Policy for Persons with Disabilities – 2006 • United Nations Convention on the Rights of Persons with Disabilities – 3rd May 2008
  • 6. KINDS OF DISABILITIES As per PWD Act, Disability means - - Blindness - Low vision - Leprosy-cured - Hearing impairment - Loco motor disability - Mental retardation - Mental illness - Autism - Cerebral Palsy A PWD means a person suffering from 40% or more disability 6
  • 7. Mental health act (1987) > Treatment and institutionalization of the mentally ill. > Protection and management of their property. > Right to be admitted ,treated and taken care of in a psychiatric hospitals or psychiatric nursing home. > Mentally ill persons have the right to have regulated , directed and co- ordinate mental health services from govt. > central-state, Mental health prisoners and minors have a right of treatment in psychiatric hospitals or psychiatric nursing homes of the government. > Treatment at Govt. hospitals and nursing homes mentioned above can be had either as in or outpatients. > Mentally ill patient can seek voluntary admission in hospitals 7
  • 8. Rehabiitation council of india (1992) > Under this act every rehabilitation practitioner including special educator are expected to register in RCI after qualifying from training institutes recognize by RCI. > 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 or rehabilitation qualification by universities or institutions in India. > To have the guarantee of regulation of the profession of rehabilitation professional by a statutory council under the control of the central government and within the bounds prescribed by the statue. 8
  • 9. Goal of this act > To integrate person with disabilities and provide them with opportunities for full participation in society > To create a society in which disabled persons would enjoy status on par with non-disabled person Euqal oppertunities, full participation & protection of rights act 1995 (PWD act) 9
  • 10. 3% reservation in identified government jobs. > 1% each for: i. persons with blindness or low vision ii.persons with hearing impairment and iii.persons with loco motor disability or Cerebral Palsy. 10
  • 11. duties on govt.’s side > Ensure free education till the age of 18 years > Promote integration > Setting up special schools > Transport facilities > Removal of architectural barriers > Supply of books, uniforms etc. Grant of scholarships > Setting up of appropriate forums > Suitable modification in the examination systems > Restructuring of curriculum Make provisions for non-formal education 11
  • 12. Mental retardation and multiple disabilities Act,1999 the National Trust for Welfare of Persons with Autism, Cerebral Palsy Mental Retardation and Multiple Disability constituted under sub section (1) of section3. > Enable and empower to live independently within and as close to the community to which they belong; > Strengthen facilities and provide support to live within their own families; > Extend support to registered organization to provide need based services during the period of crises in the family > Deal problems of persons with disability who do not have family support; 12
  • 13. 13 promotes independent living in the community for persons with disability by:- • creating a conducive environment in the community; • counseling and training of family members of persons with disability; • setting up of adult training units, individual and group homes; • promotes respite care, foster family care or day care service for persons with disability; • Setting up residential hostels and residential homes for persons with disability; • Development of self-help group persons with disability to pursue the realization of their rights; • setting up of local committee to grant approval for guardianship and • such other programs which promote the objective of the Trust.
  • 14. Rpwd act 2011 • It is an important landmark and is a significant step in the direction of ensuring equal opportunities for person with disabilities and their full participation in the nation building. • To integrate person with disabilities and provide them with opportunities for full participation in society. • To create a society in which disabled persons would enjoy status on par with non-disabled person.
  • 15. Assistance to Disabled Persons for Purchase/ Fitting of Aids and Appliances The ADIP Scheme is in operation since 1981 with the main objective to assist the needy disabled persons 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. Assistive devices are given to PwDs with an aim to improve their independent functioning and to arrest the extent of disability and occurrence of secondary disability. The aids and appliances supplied under the Scheme must have due certification. The scheme also envisages conduct of corrective surgeries, wherever required, before providing an assistive device. Under the Scheme, grants-in-aid are released to various implementing agencies (Artificial Limbs Manufacturing Corporation of India /National Institutes/Composite Regional Centres/District Disability Rehabilitation Centres/ State Handicapped Development Corporations/ NGOs, etc.) for purchase and distribution of aids and assistive devices. The Scheme was last revised w.e.f. 1.4.2014 and further modified and approved for continuation during the remaining period of the 14th Finance Commission i.e., up to 31.3.2020.
  • 16. Articals in constitution > Article 5 - Equality and non-discrimination > Article 6 - Women with disabilities > Article 7 - Children with disabilities > Article 8 - Awareness-raising > Article 9 - Accessibility > Article 10 - Right to life > Article 11 - Situations of risk and humanitarian emergencies > Article 13 - Access to jus 16
  • 17. > Article 14 - Liberty and security of the person > Article 15 - Freedom from torture or cruel, inhuman or degrading treatment or punishment > Article 16 - Freedom from exploitation, violence and abuse > Article 17 - Protecting the integrity of the person > Right to information act (2005) > Right to education act (2010) > Provides educational opportunity in a normal school settings > Provides special attention for leaning if it is necessary 17
  • 19. 19 Thanks! Any questions? Find me at linkedin.com/parth-bhadja & bhadjaparthn@gmail.com