DISABILITY RIGHTS

IN INDIA
ANIRBAN SAIKIA
 DEFINING DISABILITY AND
1 PWD

CHALLENGES AND
2 SOLUTIONS
STRUCTURE
DISABILITY RIGHTS AND
3 LEGAL REGIME
DEFINING DISABILITY AND
PWD
 DEFINITIONS
 DISABILITY
 A physical or mental condition that limits a person's movements, senses, or activities

 WHO: Disabilities is an umbrella term, covering impairments, activity limitations, and participation restrictions.

 INDIAN GOVT.: Limits the definition of disability to 21 disabilities.

 PERSONS WITH DISABILITIES

 UNCRWD: include those who have long-term physical, mental, intellectual or sensory impairments which in
interaction with various barriers may hinder their full and effective participation in society on an equal basis with
others

 RPWD Act, 2016: Same definition as UNCRWD

 15%
Of the world population suffers
from some form of disability

2.21% 40 to 80 million 26 million

Of India’s population suffers from Disabled people in India – UN Independent Report – The
some form of disability – 2011 Report Diplomat
Census Report
 WHAT SHOULD A LAW ON
DISABILITY RIGHTS ENTAIL?
SECURING RIGHTS
 PROBLEMS FACED BY PWD  SOLUTIONS
 Social Stigma  Laws that recognise the
problems faced and provide
 Discrimination adequate relief

 Lack of Representation  Adequate and effective

implementation of these laws
 Violence, Abuse and Neglect
 Regulatory bodies to protect
 Poverty PWDs

 Accessibility – Physical, social, economic and

cultural
UNITED NATIONS CONVENTION
ON THE RIGHTS OF PERSONS
WITH DISABILITY, 2006
SALIENT FEATURES

OBJECTS OF SUBJECTS WITH

CHARITY RIGHTS

1 BROAD CATEGORISATION OF
2 PERSONS WITH DISABILITIES MUST
ENJOY ALL HUMAN RIGHTS AND
PERSONS WITH DISABILITIES
FUNDAMENTAL FREEDOMS
 SALIENT FEATURES

 Equality and non-discrimination  Freedom from exploitation, violence and abuse

 Protection of women with disabilities  Inclusion and Participation
 Protection of children with disabilities  Education
 Awareness raising  Privacy
 Increasing accessibility  Employment
 Physical / Freedom of Movement
 To information
 Equality before law
 Security / Freedom from torture or cruel, inhuman or
degrading treatment or punishment
 PWD (Equal Opportunities,
Protection of Rights, and Full
Participations) Act, 1995
 SALIENT FEATURES

 Enacted to give effect to: Proclamation on the Full  Mental retardation: “a condition of arrested or incomplete
Participation and Equality of the People with Disabilities in development of mind of a person which is specially
the Asian and Pacific Region characterized by subnormality of intelligence.”
 Listed 7 conditions of disabilities:  Mental illness: “any mental disorder other than mental
 Blindness retardation.”
 low vision  Approach of social welfare in respect of PWD
 leprosy cured  Prevention and early detection of disabilities, education and
 hearing impairment employment of the PWD – Main Focus
 locomotor disability  Provided 3% reservation in Government jobs and
 mental retardation educational institutions
 mental illness. 
RIGHTS OF PERSONS WITH
DISABILITIES ACT, 2016
 SALIENT FEATURES

 ‘Disabled persons’ have been categorized as: (i) persons with disability; (ii) persons with benchmark disability and (iii)
persons with disability having high support needs;
 Inclusive definition of ‘person with disability’ and includes 21 types of disabilities as ‘specified disabilities’;
 Cerebral Palsy, Dwarfism, Muscular dystrophy, acid attack victims, hard of hearing, speech and language disability,
specific learning disabilities, autism spectrum disorders, chronic neurological disorders such as multiple sclerosis and
Parkinson's disease, blood disorders such as haemophilia, thalassemia, and sickle cell anaemia, and multiple disabilities
 Includes the private sector;
 Requirement to frame and publish an Equal Opportunity Policy;
 Prohibits discrimination of persons with disabilities, unless it can be shown that the act of discrimination was a
proportionate means of achieving a legitimate aim;
 SALIENT FEATURES

 Additional benefits such as right to free education, reservation in education, government jobs, allocation of land, poverty
alleviation schemes etc. for persons with benchmark disabilities.
 Onus has been placed on the government to facilitate the rights of disabled persons - right to equality, dignity and respect
for his/her integrity equally with others; right to personal liberty, right not to be discriminated against; right to live in a
community; right to equal protection and safety in situations of risk, armed conflicts, humanitarian emergencies, natural
disasters etc.;
 Increase in Reservation government institutes, jobs, and government aided institutes for persons having benchmark
disability.
 For ensuring speedy trial, special courts are to be constituted in each district to handle cases concerning violation of rights
of persons with disabilities.
 Enhanced penalties with a monetary penalty extending up to Rs. 5,00,000 and imprisonment extending up to 5 years.
 SALIENT FEATURES
PWD Act, 1995
• Proclamation on the Full Participation and Equality of the
People with Disabilities in the Asian and Pacific Region
• 7 disabilities
• Mental retardation: “a condition of arrested or
incomplete development of mind of a person which is
specially characterized by subnormality of intelligence.”
• 3% reservation in Government jobs and educational
institutions
• No incentives for private entities
RPWD Act, 2016
• UNCRPD 2007
• 21 disabilities
• Intellectual Disability: “a condition characterized by
significant limitation both in intellectual functioning
(reasoning, learning, problem-solving) and in adaptive
behavior which covers a range of every day social and
practical skills including specific learning disabilities and
autism spectrum disorders.
• 5% of seats for persons with benchmark disabilities
• 4% reservation for persons with benchmark disabilities is to
be provided in posts of all Government establishments with
differential quotas for different forms of disabilities
• Incentives to employer in private sector are to be given who
provide 5% reservation for persons with benchmark disability
HAS THIS WORKED?
DID IT WORK?

THE GOOD THE UGLY

 INCREASE IN EMPLOYMENT  INADEQUATE CLARITY ON VARIOUS ASPECTS

 SOCIO – ECONOMIC DEVELOPMENT  DOES NOT PROVIDE A TRANSITION

FRAMEWORK OR A TIMELINE FOR ENSURING
 AWARENESS HAS CHANGED SOCIAL COMPLIANCE
ATTITUDES
 DOES NOT PROVIDE FOR ANY INCENTIVES TO
 MOVE TOWARDS AN INCLUSIVE AND PRIVATE ESTABLISHMENTS
PROGRESSIVE SOCIETY
 NO RESERVATION QUOTA IN THE PRIVATE
SECTOR

 NO EFFECTIVE AND ROBUST GRIEVANCE

REDRESSAL MECHANISM

 IMPLEMENTATION
 THE REHABILITATION
COUNCIL OF INDIA ACT, 1992
 SALIENT FEATURES

 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
NAITONAL TRUST FOR WELFARE
OF PERSONS WITH AUTISM,
CEREBRAL PALSY, MENTAL
RETARDATION AND MULTIPLE
DISABILITIES ACT, 1999
 SALIENT FEATURES

 Setup of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disability at New Delhi.
 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.
 A disabled person has the right to have his guardian removed under certain conditions - an abuse or neglect of the
disabled, or neglect or misappropriation of the property under care.
THANK YOU
ANIRBAN SAIKIA