” The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995″.
“The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995″ has come into force on February 7, 1996. This law is an important landmark and is a significant step in the direction of ensuring equal opportunities for people with disabilities and their full participation in the nation building. The Act provides for both preventive and promotional aspects of rehabilitation like education, employment and vocational training, job reservation, research and manpower development, creation of barrier-free environment, rehabilitation of persons with disability, unemployment allowance for the disabled, special insurance scheme for the disabled employees and establishment of homes for persons with severe disability etc.
Main Provisions of the Disabilities Act :
· Preventions and Detections of Disabilities
· Education
· Employment
· Non-Discrimination
· Research and Manpower Development
· Affirmative Action
· Social Security
· Grievance Redressal
Prevention and early detection of disabilities:
· Surveys, investigations and research shall be conducted to ascertain the cause of occurrence of disabilities.
· Various measures shall be taken to prevent disabilities, Staff at the Primary health Centre shall be trained to assist in this work.
· All the Children shall be screened once in a year for identifying `at-risk’ cases.
· Awareness campaigns shall be launched and sponsored to disseminate information.
· Measures shall be taken for pre-natal, perinatal, and post-natal care of the mother and child.
Education:
“Right to free Education”
· Every child with disability shall have the rights to free education till the age of 18 years in integrated schools or special schools.
· Appropriate transportation, removal of architectural barriers and restructuring of curriculum and modifications in the examination system shall be ensured for the benefit of children with disabilities.
· Children with disabilities shall have the right to free books, scholarships, uniforms and other learning material.
· Special School for children with disabilities shall be equipped with vocational training facilities.
· Non-formal education shall be promoted for children with disabilities.
· Teacher’s Training Institutions shall be established to develop requisite manpower.
· Parents may move to appropriate fora for the redressal of grievances regarding the placement of their children with disabilities.
Employment:
1. 3% of vacancies in government employment shall be reserved for people with disabilities, 1% each for persons suffering from :
· Blindness or Low vision
· Hearing Impairment
· Locomotor Disability & Cerebral Palsy
2. Suitable schemes shall be formulated for
· The training and welfare of persons with disabilities
· The relaxation of upper age limit
· Regulating the employment
· Health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed.
3. Government Educational Institutes and other Educational Institutes receiving grant from Government shall reserve at least 3% seats for people with disabilities.
4. All poverty alleviation schemes shall reserve atleast 3% for the benefit of people with disabilities.
5. No employee can be sacked or demoted if they become disabled during service, although they can be moved to another post with the same pay and condition. No promotion can be denied because of impairment.
Affirmative Action:
1. Aids and Appliances shall be made available to people with disabilities.
2. Allotment of land shall be made at concessional rates to the people with disabilities for :
· House
· Business
· Special Recreational Centres
· Special Schools
· Research Schools
· Factories by Entrepreneurs with Disability
Non-Discrimination:
· Public buildings, rail compartments, buses, ships and air-crafts will be designed to give easy access to disabled people.
· In all public places and in waiting rooms, toilets shall be wheel chair accessible. Braille and sound symbols are also to be provided in lifts.
· All the places of public utility shall be made barrier-free by providing ramps.
Research and Manpower Development :
Research in the following areas shall be sponsored and promoted :
· Prevention of Disability
· Rehabilitation including CBR
· Development of Assistive Devices
· Job Identification
· On site Modifications of Offices and Factories
Financial assistance shall be made available to the universities, other institutions of higher learning, professional bodies and non-government research units or institutions, for undertaking research for special education, rehabilitation and manpower development.
Social Security:
· Financial assistance to non-government organisations for rehabilitation of persons with disabilities.
· Insurance coverage for the benefit of the government employees with disabilities
· Unemployment allowance to people with disabilities registered with the special employment exchange for more than a year and who could not be placed in any gainful occupation.
Grievances Redressal:
In case of violation of rights as prescribed in that act, people with disabilities may move an application to :
· Chief Commissioner for Persons with Disabilities in the Centre or
· Commissioner for Persons with Disabilities in the States.
***** Final draft of the new law called “The Rights of Persons with Disabilities Bill, 2011” replacing the existing “Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995″, has been presented by the appointed committee to the minister for Social Justice and Empowerment recently.
