INDIAN LEGISLATIONS

ON DISABILITY
INTRODUCTION
What is Disability?
The World Health Organization (WHO)
defines disability as Disabilities is an
umbrella term, covering impairments,
activity limitations, and participation
restrictions. Impairment is a problem in
body function or structure; an activity
limitation is a difficulty encountered by an
individual in executing a task or action;
while a participation restriction is a
problem experienced by an individual in
involvement in life situations. Thus
disability is a complex phenomenon,
reflecting an interaction between features
of a persons body and features of the
society in which he or she lives.

Disability is thus not just a health
problem. It is a complex phenomenon,
reflecting the interaction between
features of a persons body and features
of the society in which he or she lives.
Overcoming the difficulties faced by
people with disabilities requires
interventions to remove environmental and
social barriers.
People with disabilities have the same
health needs as non-disabled people for
immunization, cancer screening etc. They
also may experience a narrower margin of
health, both because of poverty and social
exclusion, and also because they may be
vulnerable to secondary conditions, such
as pressure sores or urinary tract
infections.
Kinds of Disability
The main categories of disability are physical, sensory, psychiatric,
neurological, cognitive and intellectual. Many people with disability
have multiple disabilities.
1. Mental Disability: Psychiatric disorders resulting in disability may
include anxiety disorders, phobias or depression.
2. Sensory disability: Sensory disability involves impairments in hearing
and vision.
3. Physical Disability: A physical disability is the most common type of
disability, followed by intellectual and sensory disability. Physical disability
generally relates to disorders of the musculoskeletal, circulatory,
respiratory and nervous systems.
4. Neurological and cognitive disability: Neurological and cognitive disability
includes acquired disability such as multiple sclerosis or traumatic brain
injury. Intellectual disability includes intellectual and developmental
disability which relate to difficulties with thought processes, learning,
communicating, remembering information and using it appropriately,
making judgments and problem solving. Intellectual disability is the result
of interaction between developmentally attributable cognitive impairment,
attitudinal and environmental barriers.

KINDS OF
DISABILITY
1. Mental Disability: Psychiatric disorders resulting in
disability may include anxiety disorders, phobias or
depression.
2. Sensory disability: Sensory disability involves
impairments in hearing and vision.
3. Physical Disability: A physical disability is the most
common type of disability, followed by intellectual and
sensory disability. Physical disability generally relates to
disorders of the musculoskeletal, circulatory, respiratory
and nervous systems.
4. Neurological and cognitive disability: Neurological and
cognitive disability includes acquired disability such as
multiple sclerosis or traumatic brain injury. Intellectual
disability includes intellectual and developmental disability
which relate to difficulties with thought processes,
learning, communicating, remembering information and
using it appropriately, making judgments and problem
solving. Intellectual disability is the result of interaction
between developmentally attributable cognitive
impairment, attitudinal and environmental barriers.

Disability Status in India

In India, 8.4 % of rural households and
6.1 % of urban have a disabled member.
Major divergence on composition of
disability according to official sources :

Disability shares by type, census and NSS, early 2000s
0 10 20 30 40 50 60
Mental
Visual
Hearing
Speech
Locomotor
Multiple
%

o
f

P
W
D

p
o
p
u
l
a
t
i
o
n
Census rates
NSS rates
According to the Census 2001 : 2.19 crore people
with disabilities in India ( 2.13% ).This includes
persons with visual, hearing, speech, locomotor and
mental disabilities. 75% of persons with disabilities
live in rural areas. 49 per cent are literate. Only 34
per cent are employed. The earlier emphasis on
medical rehabilitation has now been replaced by an
emphasis on social rehabilitation.
Disability data as per Census India 2001 :
1. Movement 28%
2. Seeing 49%
3. Hearing 6%
4. Speech 7%
5. Mental 10%

Disability data as per National Sample
Survey Organization (NSSO) 2002 :
1. Movement 51%
2. Seeing 14%
3. Hearing 15%
4. Speech 10%
5. Mental 10%

PRESENT
LEGISLATIONS
1. The Persons with Disabilities (Equal
Opportunities, Protection of Right and full
Participation) Act 1995

The aims and objectives of the Act are:
1. To spell out the responsibility of the state
towards the -prevention of disabilities,
protection of rights, provision of medical care,
education, training, employment and
rehabilitation of persons with disabilities;
2. To create a barrier free environment;
3. To counteract any situation of abuse and
exploitation of persons; and
4. To make special provision of the
integration of persons with disabilities into the
social mainstream.

Obligations on governments:

1. Undertake surveys, investigations and research
concerning the cause of occurrence of disabilities
2. Promote various methods of preventing disabilities
3. Screen all the children at least once in a year for
the purpose of identifying at risk cases
4. Provide facilities for training to the staff at the
primary health centres
5. Sponsor awareness campaigns and disseminate
information on general hygiene, health and sanitation,
6. Take measures for pre-natal and post-natal care of
mother and child;
7. Educate the public through the pre-schools,
schools, primary health centres, village level workers
and anganwadi workers;
8. Create awareness amongst the masses through
television, radio and other mass media on the causes

Affirmative Action
1. (Section 42) Special schemes are to
be notified for the preferential allotment
of land at confessional rates for:
2. Housing
3. Setting up business
4. Setting up special recreational
centres
5. Establishment of special schools
6. Establishment of research centres
7. Establishment of factories by
entrepreneurs with disabilities (Section
43)

2. National Trust Act 1999

1. India has enacted 3 legislations in the 1990s. The first, in
1992, was the Rehabilitation Council of India Act, which relates to
standardization of training courses for rehabilitation professionals, to
accreditation of training institutions and of individuals desirous of
becoming rehabilitation professionals.
2. To date, Rehabilitation Council of India has recognized 161
training centers offering 200 courses and registered 20,000
professionals.
3. Under PWD Act over 6300 grievances have been redressed.
However, the more newly recognized disabilities like autism and
multiple disabilities were not included in the 1995 Act, nor were there
any specific provisions for persons with Cerebral Palsy and Mental
Retardation.
4. In December 1999, therefore, after a decade of lobbying by
parents and professionals, the Parliament of India enacted the Act
entitled National Trust for the Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardation and Multiple Disabilities.
5. It is a statutory autonomous body under the aegis of the
Ministry of Social Justice & Empowerment, Government of India.

3. Constitution of the National Trust for Welfare of Persons with
Autism, Cerebral Palsy, Mental Retardation and Multiple Disability,
etc. (22 persons including the Chairperson and CEO)
The objects of the Trust shall be
(a) to enable and empower persons with disability to live as
independently and as fully as possible within and as close to the
community to which they belong;
(b) to strengthen facilities to provide support to persons with
disability to live within their own families;
(c) to extend support to registered organisations to provide need
based services during period of crisis in the family of persons with
disability;
(d) to deal with problems of persons with disability who do not have
family support;
(e) to promote measures for the care and protection of persons with
disability in the event of death of their parents or guardians;
(f) to evolve procedure for the appointment of guardians and
trustees for persons with disability requiring such protection;
(g) to facilitate the realisation of equal opportunities, protection of
rights and full participation of persons with disability; and
(h) to do any other act which is incidental to the aforesaid objects.
3.Mental Health Act 1987
The subject of health falls under the
concurrent list in the Indian Constitution,
empowering both the center and states
to introduce measures, including the
authority to legislate. The Mental Health
Act 1987 is civil right legislation with a
focus on regulating standards in mental
health institutions. There are serious
questions over the effectiveness of this
Act in ensuring protection to persons,
property and management of persons
covered
4.Rehabilitation Council of India
Act 1986
The Rehabilitation Council of India (RCI) was set up by
the government of India in 1986 initially as a society to
regulate and standardize training policies and
programmes in the rehabilitation of persons with
disabilities. The need for minimum standards was felt
urgent as the majority of persons engaged in education,
vocational training and counselling of persons with
disabilities were not professionally qualified. In addition,
poor academic and training standards adversely affect
the chance of disabled persons in the world of work.
Therefore, an Act of Parliament in 1993 elevated the
status of the Council to a statutory body with the aims to
standardization of training courses for rehabilitation
professionals, to accreditation of training institutions
and of individuals desirous of becoming rehabilitation
professionals
Rehabilitation professional" means-
audiologists and speech therapists;
clinical psychologists;
hearing aid and ear mould technicians;
rehabilitation engineers and technicians;
special teachers for educating and
training the handicapped;
vocational counsellors, employment
officers and placement officers dealing with
handicapped;
multi-purpose rehabilitation therapists,
technicians; or
such other category of professionals as
the Central Government may, in consultation
with the Council, notify from time to time;

Visually handicapped" means a persons who suffers from
any of the following conditions namely -
total absence of sight;
visual acuity not exceeding 6/60 or 20/200(snellen)
in the better eye with the correcting lenses; or
limitation of the field of vision subtending and angle
of degree or worse.
The Rehabilitation Council of India Constitution and
incorporation of Rehabilitation Council of India
There will be 27 Members.


FUNCTIONS OF THE COUNCIL
Recognition of qualifications granted by University
etc., in India for Rehabilitation Professionals.
Recognition of qualification by Institutions outside
India

The Right of Persons with
Disabilities Bill, 2014
The Rights of Persons with Disabilities Bill, 2014 was introduced in the Rajya Sabha on
February 7, 2013 by the Minister of Social Justice and Empowerment, Mr. Mallikarjun Kharge.
The Bill repeals the Persons with Disabilities (Equal Opportunities Protection of Rights
and Full Participation) Act, 1995.
Definition of disability: Disability is defined to include 19 conditions such as:
o autism;
o low vision and blindness;
o cerebral palsy;
o deaf blindness;
o haemophilia;
o hearing impairment;
o leprosy;
o intellectual disability;
o mental illness;
o muscular dystrophy;
o multiple sclerosis;
o learning disability;
o speech and language disability;
o sickle cell disease; thalassemia;
o chronic neurological conditions;
o and multiple disability.
Persons with benchmark disabilities are defined as those with at least 40 per cent of any of the
above specified disabilities.
Rights of persons with disabilities:
The Bill states that persons with disabilities shall
have the right to equality and shall not be discriminated
against on grounds of their disability.
Rights of disabled persons include protection from
inhuman treatment and equal protection and safety
in situations of risk, armed conflict, humanitarian
emergencies and natural disasters.
All existing public buildings shall be made
accessible for disabled persons within five years of the
regulations being formulated by the National
Commission for Persons with Disabilities.
No establishment will be granted permission to
build any structure, issued a completion certification or
allowed to occupy a building, if the building does not
adhere to the regulations formulated by the
Commission

The Bill provides that the reservation has to be computed on
the basis of total number of vacancies in the strength of a cadre.
The government may exempt any establishment from this provision.
Legal Capacity: Disabled persons have the right, equally with
others, to own and inherit movable and immovable property, as well
as control their financial affairs.
Guardianship: The Bill provides that if a district court finds that
a mentally ill person is not capable of taking care of himself or of
taking legally binding decisions, it may order guardianship to the
person. The nature of such guardianship is also specified.
National and State Commissions for persons with disabilities:
The central and state governments are required to establish a
National and State Commissions for Persons with Disabilities,
respectively. The Commissions will be composed of experts and be
required to (i) identify any laws, policies or programmes that are
inconsistent with the Act; (ii) inquire into matters relating to
deprivation of rights and safeguards available to disabled persons,
(iv) monitor implementation of the Act and utilisation of funds
disbursed by governments for the benefit of disabled persons.
Central and state advisory boards: The central government and
state governments shall constitute Central and State Advisory
Boards on Disability. The boards shall advise governments on
policies and programmes on disability and review the activities of
organisations dealing with disabled persons.

EFFECT OF PRESENT LAW
ON SOCIAL CHANGE
Laws are a form of social rule emanating from political
agencies. Laws become legislations when they are
made and put into force by law-making body or
authority. Legislations, particularly social legislations
have played an important role in bringing about social
change.
There are two opinions about the functions of law. The
function of law, according to one view, is to establish
and maintain social control. Hence the major problem of
law is to design legal sanctions to minimise deviance
and to maintain social solidarity and social order.
Another view stresses the dynamic role of law. It states
that the function of law is not just to maintain social
order through social control. It insists that law must
bring about social change by influencing peoples
behaviour, beliefs and values. We shall now analyse the
role of law or legislation in bringing about social change.

A careful analysis of the role of legislation in social
change would reveal two things. (i) Through legislations
the state and society try to bring the legal norms in line
with the existing social norms, (ii) Legislations are also
used to improve social norms on the basis of new legal
norms.
Social legislation can be an effective means of social
change only when the existing social norm is given a
legal sanction. No legislation by itself can substitute one
norm with another.
It can hardly change norms. Unaided social legislation
can hardly bring about social change. But with the
support of the public opinion it can initiate a change in
social norm arid thus a change in social behaviour.
Some examples of social legislations made in India will
help us to understand this point.
A number of social legislations were made in India both
before and after independence with a view to bring
about social change. Some of these could achieve
success while a few others still remain as dead letters.
The legislations that secured public support and the
support of social norms could become a great success.

SOCIOLOGICAL BENEFITS
THAT CAN BE BROUGHT
ABOUT IN FUTURE
India:
The proposal by the Ministry of Social Justice and
Empowerment to introduce 101 amendments to the Persons
with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act in the budget session has come under
criticism.
Several groups of disabled people, with whom the government
has been holding consultations, have demanded instead a
totally new law that is aligned with the UN Convention on the
Rights of People with Disabilities (UNCRPD), which India
ratified in 2007.
They say the proposed amendments are inadequate, and one
must have a new law for the 70 million people with disabilities
in India (figures according to civil society organisations) that
contains everything in consonance with the Convention.
Prasanna Pincha, who works as an independent disability
rights activist, explains why the UNCRPD is so crucial and how
in the 21st century it has brought about a paradigm shift in
perspective.
UNCRPD adopts a human rights approach instead of the
earlier medical approach to disability. This is a shift from
viewing people with disabilities (PWD) as objects needing
social protection and medical care to seeing them as subjects
having human rights, fundamental freedoms, he explained

Impairments, not disabilities

Currently in India there are four different laws pertaining to the disabled. These are: The
Mental Health Act, 1987, the Rehabilitation Council of India Act, (meant to provide
minimum standards in training and qualification for rehabilitation professionals) the
National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation
and Multiple Disabilities Act, 1999 and lastly the Persons with Disabilities Act.
Much of this legislation is medical oriented and adopts a welfare attitude. It looks at the
physical impairments of people and labels these as disabilities.
The UNCRPD, on the other hand, defines disability as an evolving concept, said Pincha.
The Convention believes disability results from interaction of impairments with various
barriers which hinders full and active participation in society on an equal basis with
others.
Pincha, who is himself visually impaired, illustrates this concept drawing on his own
experiences. If I arrive in a city and check into a hotel where the instructions on how to
dial the operator and other information given to the sighted are also available in Braille,
if the elevator has Braille signs, if the menu too is in Braille, then my blindness is only
an impairment. It is not a disability, he said.
The medical approach, which was the norm for centuries, sought corrections for the
individual. The rights-based approach adopted by UNCRPD seeks a society that is
designed and structured to help all categories and sections to access facilities and
opportunities.
This accessibility is not just confined to building roads or constructing buildings that
have ramps for wheel-chairs, but it means ensuring that the disabled can access public
transportation systems, pedestrian signs (Braille and audio), public facilities like
schools, sports auditoriums, clinics, hospitals, malls and so on. Even, perhaps, adding
special fitting rooms in department stores for those on wheel-chairs.