RIGHTS OF DISABLED PERSONS

(HUMAN RIGHTS PROJECT)

Science may have found a cure for most evils; but it has found no
remedy for the worst of them all -the apathy of human beings." - Helen
Keller

TABLE OF CONTENTS
INTRODUCTION
DEFINITION
INTERNATIONAL PERSPECTIVE
INTERNATIONAL BILL OF RIGHTS
OTHER HUMAN RIGHTS CONVENTION
NATIONAL PERSPECTIVE-ACTS ON DISABILITY
RULES AND REGULATIONS
POLICY
SCHEMES
DECISIONS OF SUPREME COURT, HIGH COURT
AND OTHER JUDICIAL ORGANS
CONCLUSION
BIBLIOGRAPHY

INTRODUCTION:
As defined by the World Health Organization Disability 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
lives1."
The Convention on the Rights of Persons with Disabilities (2006), the first legally binding
disability specific human rights convention, adopted by the United Nations gives two descriptions
of disability. The Preamble to the Convention states that Disability results from the
interaction between persons with impairments and attitudinal and environmental barriers that
hinder their full and effective participation in society on an equal basis with others.2 Again it
emphasizes that Persons with disabilities 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. Both the expressions
reflect medical model and social model of disability.
In the medical terms, individuals with certain physical, intellectual, psychological and mental
impairments are taken as disabled. In contrast in the social term the focus is on the society, in
this, disability does not lie in individuals, but in the interaction between individuals and society.
Thus persons with disabilities are right holders and are entitled to strive for the removal of
institutional, physical, informational and attitudinal barriers in society. The WHO estimated that
more than six hundred million people across the globe live with disabilities of various types.
People with disabilities are subject to multiple deprivations with limited access to basic services,
including education, employment, rehabilitation facilities etc. Thus to work towards an inclusive,
barrier free society various legislations have been passed in favour of disabled persons by
granting them special rights for their survival . Lets us discuss about the legal framework on rights
of disabled persons under international and national perspective in following chapters.

DEFINITION:
1

http://www.who.int/topics/disabilities/en/

www.un.org/disabilities/convention/conventionfull.shtml

Persons with Disability Act 1995 defined disabled person as a person suffering from not less than
forty per cent of any disability as certified by a medical authority. The disabilities identified are,
blindness, low vision, cerebral palsy, leprosy, leprosy cured, hearing impairment, locomotor
disability, mental illness and mental retardation as well as multiple disabilities3.
The NSSO considered disability as Any restriction or lack of abilities to perform an activity in the
manner or within the range considered normal for human being4".

INTERNATIONAL PERSPECTIVE-RIGHTS OF DISABLED PERSONS:

INTERNATIONAL BILL OF RIGHTS:
Universal Declaration of Human Rights (1948) (article 3,7,21, 23, 25)
The Universal Declaration of Human Rights (UDHR) was adopted by the General Assembly of
the United Nations in 1948 and provides human rights standards accepted by all member states.
The UDHR represents the normative basis that led to formulating the standards concerning
persons with disabilities that exist today. In Article 25 (1) the UDHR specifically mentions the
socio-economic rights of people with disabilities: the right to an adequate standard of living,
including food, clothing, housing and medical care and social services, and the right to security in
the event of unemployment, sickness, disability, widowhood, old age. Article 7 guarantees equality
before the law and equal protection by the law for all people, including against discrimination.
Article 3 is similar to art.21 0f Indian constitution provides right to life, liberty and personal
security. Article 21gives right for everyone take part in government of his country, to avail service
rendered by it & vote the representative of their choice.
International Covenant on Civil and Political Rights (1966) (article 26)
This treaty lists several rights that are relevant to disability. Article 26 states that all people are
equal before the law and have the right to equal protection of the law.
International Covenant on Economic, Social and Cultural Rights (1966) (article 2)
The Covenant does not explicit refer to disability. However, disability can be included under
3

The Persons with Disability Act 1995

www.unescap.org/stat/meet/widd/paperindia.html

"other status" in article 2 (2), which calls for non-discrimination on any grounds such as race and
color, and "other status".
OTHER HUMAN RIGHTS CONVENTION:
Declaration on the Rights of Mentally Retarded Persons (1971)
This declaration was proclaimed by the UN General Assembly and states that: "The mentally
retarded person has, to the maximum degree of feasibility, the same rights as other human beings."

Declaration on the Rights of Disabled Persons (1975)

This declaration adopted by the UN General Assembly is the first international document that tried
to define the term "disability." The Declaration includes a number of social and economic rights as
well as civil and political rights.

Declaration on the Rights of Deaf-Blind Persons (1979)

Article 1 of the Declaration states that "every deaf-blind person is entitled to enjoy the universal
rights that are guaranteed to all people by the Universal Declaration of Human Rights and the
rights provided for all disabled persons by the Declaration of the Rights of Disabled Persons."
Convention on the Elimination of Discrimination Against Women (1979) (article 3)
The Convention on the Elimination of Discrimination Against Women, usually abbreviated as
CEDAW, does not include any specific article on disability rights, but aims to protect the rights of
all women, whether disabled or not. Disabled women face double discrimination based on their
gender and secondly, on their disability. In General Recommendation 18 the Committee on the
Elimination of Discrimination Against Women, the monitoring body of the CEDAW convention,
stresses that disabled women suffer from double discrimination and are a particularly vulnerable
group. It recommends that governments provide information on disabled women in their period
reports and on special measures that governments have taken to ensure that women with
disabilities "have equal access to education and employment, health services and social security,
and to ensure that they can participate in all areas of social and cultural life."
A major outcome of the International Year of Disabled Persons (1981) was the formulation of

the World Programme of Action Concerning Disabled Persons (WPA) (1982). The WPA is a
global strategy to enhance disability prevention, rehabilitation and equalization of opportunities,
which pertains to full participation of persons with disabilities in social life and national
development. The WPA also emphasizes the need to approach disability from a human rights
perspective.
Convention concerning Vocational Rehabilitation and Employment (Disabled Persons)5 (1983)
This treaty of the International Labour Organization (ILO), a UN specialized agency, obligates
states to "formulate, implement and periodically review a national policy on vocational
rehabilitation and employment of disabled persons" (article 2). This treaty also emphasizes the
principle of equal opportunity: "positive measures aimed at effective equality of opportunity and
treatment between disabled workers and other workers shall not be regarded as discriminating
against other workers" (article 4).
Convention on the Rights of the Child (1989) (article 2, 6, 12, 23, 28)
This treaty lists disability as one of the grounds discrimination is prohibited on (article 2). In
addition, article 23 directly addresses the rights of children with disabilities stating that disabled
children are entitled to a "full and decent life" of dignity and participation in the community.
Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental
Health Care (1991)
This document adopted by the UN General Assembly sets detailed standards for the protection of
persons with mental disabilities. It emphasizes that all persons have the right to the best available
mental health care and that persons with a mental illness shall be treated with humanity and
respect for the inherent dignity of the human person. Individuals with mental disabilities also have
the right to protection from economic, sexual and other forms of exploitation, physical or other
abuse and degrading treatment. The Principles stipulate that there shall be no discrimination on the
grounds of mental illness and that persons with a mental illness shall have the right to exercise all
5

Pg no:86, Dr.G.N.Karna, UN & Right Of Disabled Persons-A Study In Indian Perspective (1999), A.P.H Publication,

New Delhi

civil, political.
Standard Rules on the Equalization of Opportunities for Persons with Disabilities 6 (1993):
Adopted by the General Assembly in 1993 in the aftermath of the Decade of Disabled Persons, the
Standard Rules do not constitute a legally binding document for member states. However the
Standard Rules are the most comprehensive set of human rights standards regarding disability
police to date and represent "a strong moral and political commitment of Governments to take
action to attain equalization of opportunities for persons with disabilities." The document
addresses preconditions for equal participation, target areas of equal participation, implementation
measures and monitoring mechanisms. Implementations of the Standard Rules on the Equalization
of Opportunities for Persons with Disabilities are monitored by the UN Special Rapporteur on
Disability. The first Special Rapporteur, Bengt Lindqvist (Sweden), was appointed in 1994, and
his mandate was renewed twice, in 1997 and 2000.
Beijing Declaration on the Rights of People with Disabilities7 (2000)
This declaration was adopted at the World NGO Summit on Disability and calls for a higher
standard of living, equal participation and the elimination of discriminatory attitudes and practices.
Convention on the Rights of Persons with Disabilities8 (2007)
This treaty was recently adopted and enters into force in May 2008. Persons with disabilities have
long fought to have their human rights formally recognized in human rights law. In 2006 the
United Nations General Assembly adopted the Convention on the Rights of Persons with
Disabilities (CRPD), the first convention that specifically addresses the human rights of people
with disabilities. The CRPD is the first global convention addressing disability.
From the first meeting to draft the CRPD, members of the global disability rights movement
insisted that people with disabilities be included in deciding what the convention should say.
The disability community was able to exercise a greater level of participation and influence in the
6

Pg no:87, Dr.G.N.Karna, UN & Right Of Disabled Persons-A Study In Indian Perspective (1999), A.P.H Publication,
New Delhi
7

Pg no:248, V.N.Vishwanathan, Human Rights-Twenty First Century Challenges (2008),Kalpaz Publication,New

Delhi.
8

www.hrea.org/index.php?doc_id=416

drafting of the CRPD than any other specific group has ever been able to achieve in a UN human
rights treaty process. As a result, the CRPD covers the full spectrum of human rights of persons
with disabilities and takes much stronger positions than it would have if governments alone had
drafted it. In addition, disability organizations, individuals with disabilities, governments, and the
United Nations forged important relationships during this drafting process.
Now that the human rights of persons with disabilities have been recognized in international law
through the CRPD, the next step is for persons with disabilities in all countries to continue to
advocate and work with their governments to ensure that the Convention is ratified and
implemented. Every person who advocates for their rights under the CRPD becomes an important
member of the global disability rights movement!
General Principles in the CRPD:
One important feature of the CRPD is the inclusion of an article that sets forth general principles.
The drafters of the CRPD wanted the Convention to recognize a core set of concepts that underlie
disability rights issues and are of particular importance in the disability context. They believed that
it was crucial to identify these explicitly at the beginning of the text to ensure that all of the rights
expressed in the Convention are interpreted through the lens of these particular principles.
CRPD Article 3: General Principles
The principles of the present Convention shall be:
a. Respect for inherent dignity, individual autonomy including the freedom to
make one's own choices, and independence of persons;
b. Non-discrimination;
c. Full and effective participation and inclusion in society;
d. Respect for difference and acceptance of persons with disabilities as part
of human diversity and humanity;
e. Equality of opportunity;
f. Accessibility;
g. Equality between men and women;
h. Respect for the evolving capacities of children with disabilities and respect
for the right of children with disabilities to preserve their identities.

Nearly all human rights conventions begin by recognizing respect for the human dignity and the
inherent equality of all persons as the basis for human rights and fundamental freedoms. The
CRPD General Principles include a number of other concepts that are particularly important to
persons with disabilities, such as, non-discrimination, equality of opportunity, and respect for
difference. Notably, the CRPD General Principles also stress the concepts of autonomy,
independence, participation, and inclusion in society as essential to ensuring that the rights of
persons with disabilities are respected, protected, and fulfilled. Although these concepts are
certainly implicit in the substance of other core human rights conventions (e.g., in relation to
subjects such as freedom, self-determination and non-discrimination), none of the other
conventions addresses autonomy, independence, or inclusion directly, or even uses those terms in
their texts. By including these terms and defining them as general principles, the CRPD makes a
bold statement regarding their importance to the human rights of persons with disabilities.
General Obligations in the CRPD:
Following the Article 3 on General Principles, Article 4 on General Obligations clearly defines the
specific actions governments must take to ensure that the rights of persons with disabilities are
respected, protected, and fulfilled. Many of the general obligations in the CRPD are common to
other human rights conventions. However, the general obligations of States with respect to the
rights of persons with disabilities include certain unique requirements that are not mentioned in
other human rights instruments. These include such things as promoting universal design for
goods and services and undertaking research on accessible technologies and assistive
technologies. It is crucial to understand these principles as foundational, overarching obligations
that are applicable to every other subject within the CRPD.
Other Articles in the CRPD:
All human rights are indivisible, interdependent, and interrelated, and all of the articles in the
CRPD are important and relate closely to one another. However, certain articles are fundamentally
cross-cutting and have a broad impact on all other articles. These articles, sometimes referred to
as articles of general application, are therefore placed at the beginning of the Convention to
reinforce their importance. Article 3 on General Principles and Article 4 on General Obligations,
discussed above, clearly fall into this category. The other articles of general application in the

CRPD are:
Article 5: Equality and Non-Discrimination
Article 6: Women with Disabilities
Article 7: Children with Disabilities
Article 8: Awareness Raising
Article 9: Accessibility
As you become familiar with the rights included in the CRPD, you will develop a deeper
understanding of how Articles 3 through 9 continually intersect with the principles and obligations
throughout the Convention.
Specific Rights in the CRPD:
Articles 10-30 address specific rights, such as the right to work, the right to political participation,
and many others. A full list of the articles of the CRPD is included at the end of this chapter. In
most cases, these topical articles correspond closely to articles found in other human rights
conventions, except that they explain the particular right in the context of disability. A few articles,
however, address subjects unique to the CRPD such as:
Article 19: Living independently and being included in the community
Article 20: Women with Disabilities
Article 26: Children with Disabilities
They are areas of human rights in international level in which rights of persons with disabilities
are given either expressly or impliedly. Now let us see their rights through national perspective.
NATIONAL PERSPECTIVE-RIGHTS OF DISABLED PERSONS:
At the turn of the new millennium about 21 million people in India were found to have
disability as per the official statistics. These included persons with visual, hearing speech,
locomotor or mental disabilities, who constituted about 2 percent of the population. However,
some sources claim that the magnitude in actuality is more with at least 5 per cent of
population suffering from one disability or other and the official statistics accounting for only the
most severe ones9. By and large, people with disability are further disabled through unequal
9

www.disabilityindia.com/html/facts.htm

treatment and denial of basic rights by the broader society. The voiceless disabled people are
inseparable part of Indias growing population of marginal, weaker and vulnerable sections of
society. The roles and responsibilities of the Government of India are clearly identified in laws.
Let us discuss in detail about it on national perspective in following chapter.
CONSTITUTIONAL PROVISIONS ON DISABILITY IN INDIA :
Dignity of the individual is a fundamental idea behind all the fundamental rights guaranteed under
part III of the Constitution of India. The Preamble to the Constitution of India & Part III of the
Constitution imposes a negative obligation on the part of the state, not to restrain the liberties
and rights guaranteed under the same part. Further the State has been directed under the various
provisions of the constitution to extend similar treatment to all persons. Article 41 declares that,
the State shall, within the limits of its economic capacity and development make effective
provision for securing the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement. Article 46 lays down an obligation on the
State to promote with special care the educational and economic interests of the weaker
sections of the people, and protect them from social injustice and all forms of exploitation.
Indian Constitution while distributing legislative powers between the Centre and States kept the
disability issue in the State list. The Parliament of India gained competence to legislate on
disability issues with the signing of the Proclamation of Equality and Full Participation of People
with Disabilities in Asian and Pacific Region. Article 249 of the Constitution empowers the
Parliament to legislate on any subject falling in any list in order to fulfill its international
obligations. Being a party to a number of conventions, with a view to implement the
Proclamation, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 was enacted with effect from 1st January 199610.
The formal recognition of discrimination on grounds of disability is a recent phenomenon and
laws enacted even twenty years ago generally did not include disability in the list of prohibited
discriminations. For instance, the Constitution in Articles 15 and 16 prohibits discrimination in
10

Dr.M.Padmaja,Human rights &disabled children in constitutional perspective, Asia-pacific journal of social

science,vol.II(1), Jan-Jun 2010

the matter of employment and access to public facilities on grounds of religion, race, caste, sex
and place of birth, but is silent on disability.

ACTS ON DISABILITY:
In our Indian Constitution several Articles and Clauses provide ample opportunities for the
development of legal instruments to protect the rights of the disabled people. The first major legal
advancement for the protection of the rights of the disabled people after the constitutional
guarantee took its shape as the Rehabilitation Council of India Act, 1992 and it came into force
on 31st July 1993. The Persons with Disabilities (Equal Opportunities, Protection of Rights &
Full Participation) Act, 1995, came into force after a decade old lobbying by the activists
working for the rights of the disabled. This Act classifies the categories of the disabled and further
identifies the duties of the Government of India, State Governments and local administration
towards the welfare of the disabled people. Following are the acts on disability; lets briefly
discuss each act one by one,
The Mental Health Act, 1987:
This was an Act to consolidate and amend the law relating to the treatment and care of mentally ill
persons, to make better provision with respect to their properly and affairs and for matters
connected therewith or incidental thereto.
The Rehabilitation Council of India Act, 199211:
The Act was created to provide for the constitution of the Rehabilitation Council of India for
regulating training of the Rehabilitation Professional and maintaining of a Central Rehabilitation
Register and for matters related to these issues.
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)
Act, 1995 :
The enactment of the Persons with Disabilities (Equal opportunities, Protection of Rights
www.socialjustice.nic.in/legislations.php

11

and Full Participation) Act 1995 (referred to as persons with Disability Act) is guided by
the attitude of empowering persons with disabilities and their associates. The Endeavour of the
Act has been to introduce an instrument for promoting equality and participation of persons with
disability on the one hand, and eliminating discriminations of all kinds, on the other. The Act aims
to protect and promote economic and social rights of people with disabilities. The Act has been
enacted under Article 253 of the Constitution read with item No. 13 of the Union List . It gives
effect to the proclamation on the full participation and equality of the persons with disabilities in
the Asian & Pacific Region and provides for their education, employment, creation of barrier free
environment, social security, etc. The implementation of the Act requires a multi-sectoral
collaborative

approach

by

the

appropriate

governments,

including

various

Central

Ministries/Departments, States/Union Territories, local bodies.

The Act covers seven disabilities. The criteria for classification of each disability are embodied in
a biomedical model. Section 2(t) of the Act proclaims that a person with disability means a
person suffering from not less than forty percent of any disability as certified by a medical
authority. The disabilities that have been listed in Section 2 include blindness, low vision,
hearing impairment, locomotor disability or cerebral palsy, mental retardation, mental illness and
persons cured of leprosy. In addition, autism and multiple disabilities have been covered under the
National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and
Multiple Disabilities Act, 1999.
The Act spells out responsibilities of the Government at all levels including establishments
under its control. It lays down specific measures for the development of services and programmes
for equalising opportunities for the enjoyment of right to education, work, housing, mobility and
public assistance in case of severe disability and unemployment. To execute the mandated
responsibilities, a Central Co-ordination Committee and State Co-ordination Committees
representing major development ministries, Members of Parliament and disability NGOs and
having a woman with disability as a member have been envisaged in a multi-sector model.
Furthermore, the institution of Chief Commissioner in the Centre and Commissioner for Persons
with Disabilities in States has been proposed. Their mandate is to redress individual grievances,
provide safeguards to the rights of persons with disabilities, monitor implementation of disability

related laws, rules and regulations, and oversee utilisation of budget allocated on disability. These
quasi-judicial bodies are vested with the powers of a civil court.
The PWD Act has an exclusive chapter entitled Non-Discrimination. Sections 45, 46 and 47 of this
chapter prohibit discrimination on the basis of disability in the matter of public employment and in
access to public facilities. It is another thing that corresponding reforms in service rules, building
codes and motor vehicle standards have been extremely slow. Consequently, disability litigation is
on the rise but the redeeming feature of the current scenario is efficient disposal of disability
discrimination cases both by courts and quasi- judicial bodies.
The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities Act, 199912:
The Government has also introduced a National Trust for the Welfare of Persons with Mental
Retardation and Cerebral Palsy Bill, 1995. The trust aims to provide total care to persons with
mental retardation and cerebral palsy and also manage the properties bequeathed to the Trust.
As certain groups among the disabled are more vulnerable than others, a special
enactment for the protection of such persons, their property and well-being was felt necessary.
The enactment of the National Trust for Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disabilities Act, 1999 (referred to as the National Trust Act)
aims to fulfill a common demand of families seeking reliable arrangement for their severely
disabled wards.
The specific objectives of the Act are:

To enable and empower persons with disabilities to live as independently and as fully
as possible within and as close to the community to which they belong;

To promote measures for the care and protection of persons with disabilities in the event
of death of their parent or guardian; and

To extend support to registered organisations to provide need based services during the
period of crisis in the family of disabled covered under this Act.

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Dilip Kumar, Disability & Indian judiciary: a legal study, The Legal Analyst, Vol 1, 2011

RULES AND REGULATIONS13:

i.

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Rules, 1996

ii.

The National Trust Rules, 2000

iii.

The National Trust Regulations, 2001

iv.

Rehabilitation Council of India Regulations, 1997

v.

Rehabilitation Council of India (Conditions of Service of the Member-Secretary, the

officers and other employees) Regulations, 1998

vi.

Rehabilitation Council of India (Standards of Professional Conduct, Etiquette and Code of

Ethics for Rehabilitation Professionals) Regulations, 1998.

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Rules, 1996
The Rules indicate about evaluation and assessment of various disabilities and indicate the
authorities, which are to give the Disability Certificate. The Rules also provide the procedure for
holding Central Coordination Committee and Central Executive Committee meetings, procedure
of notification of vacancies to Special Employment Exchanges, procedure to be followed by Chief
Commissioner for Persons with Disabilities in handling the complaints of persons with disabilities,
salary and allowances of Chief Commissioner for Persons with Disabilities and the manner in
which annual report is to be submitted by him.
The National Trust Rules, 2000
The Rules provide for election of Members of the Trust, Powers and Duties of its Chairperson and
Chief Executive Officer etc.
The National Trust Regulations, 2001
The Regulations provide for conditions of service of the Chief Executive Officer and other officers
and staff of the Trust, form and manner in which application is to be made for registration of
NGOs and procedure for appointment of guardians etc.
Rehabilitation Council of India Regulations, 1997
13

pg no:10.16, Lakmikanth, Governance In India (2011), Tata Mcgraw-Hill , Newdelhi

The Regulations provide details about powers and duties of the Chairperson, powers of the
Council and about the meetings of the General Council and Executive Committee, their quorum
and proceedings etc.
Rehabilitation Council of India (Conditions of Service of the Member-Secretary, the officers
and other employees) Regulations, 1998
The Regulations provide for the conditions of service of the Member Secretary, other officers and
employees of the Rehabilitation Council of India.
Rehabilitation Council of India (Standards of Professional Conduct, Etiquette and Code of
Ethics for Rehabilitation Professionals) Regulations, 1998
These Regulations lay down the standards of professional conduct, etiquette and code of ethics for
rehabilitation professionals.

POLICY:
National Policy for Persons with Disabilities:

National Policy for Persons with Disabilities has been announced in February, 2006. The
National Policy recognizes that Persons with Disabilities are valuable human resource for
the country and seeks to create an environment that provides them equal opportunities,
protection of their rights and full participation in society. The focus of the policy is on (a)
Prevention of Disabilities and (b) Rehabilitation Measures.

The salient features of the National Policy are:

i.

Physical Rehabilitation, which includes early detection and intervention,

counseling & medical interventions and provision of aids & appliances. It also
includes the development of rehabilitation professionals.

ii.

Educational Rehabilitation including vocational training and

iii.

Economic Rehabilitation for a dignified life in society.

The policy specifically focuses on issues concerning women and children with disabilities.

Various Ministries/Departments in Central Government and the State Governments and UT

Administrations are implementing the policy, which is a continuous process.

Promotion of Non-Governmental Organizations (NGOs):

The National Policy recognizes the NGO sector as a very important institutional mechanism to
provide affordable services to complement the endeavors of the Government. The NGO sector is a
vibrant and growing one. It has played a significant role in the provisions of services for persons
with disabilities. Some of the NGOs are also undertaking human resource development and
research activities. Government has also been actively involving them in policy formulation,
planning, implementation, monitoring and has been seeking their advice on various issues relating
to persons with disabilities. Interaction with NGOs will be enhanced on various disability issues
regarding planning, policy formulation and implementation. Networking, exchange of information
and sharing of good practices amongst NGOs will be encouraged and facilitated.

SCHEMES:
Assistance to Disabled Persons for Purchase / Fitting of Aids and Appliances (ADIP Scheme)14:
The main objective of the Scheme is 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. The aids and appliances supplied under the
Scheme must be ISI. The scheme is implemented through implementing agencies such as the
NGOs, National Institutes under this Ministry and ALIMCO (a PSU).
Deendayal Disabled Rehabilitation Scheme to promote Voluntary Action for Persons with
Disabilities (Revised DDRS Scheme):
To facilitate delivery of various services to persons with disabilities by voluntary organizations,
the Ministry of Social Justice and Empowerment is administering DDRS scheme and providing
grants-in-aid to NGOs for the following projects:-

14

socialjustice.nic.in/schemespro3.php

Vocational Training Centres, Sheltered Workshops,Special Schools for the Persons with
Disabilities,Project for Cerebral Palsied Children,Project for Pre-School and Early Intervention and
Training,Home based Rehabilitation Program / Home Management Programme,Project for
Rehabilitation of Leprosy Cured Persons (LCPs),Project relating to Survey, Identification,
Awareness and Sensitization,Project for Community Based Rehabilitation,District Disability
Rehabilitation Centres (DDRCs) etc.
The maximum level of support could be up to 90% of the eligible amount of grant for the
project.During the 10th Five Year Plan grant-in-aid to the extent of Rs. 335.4 cr. was released to
NGOs under the scheme.For yearwise and statewise details of expenditure on the scheme in the
10th Plan Click below:
Scheme of National Awards for Empowerment of Persons with Disabilities:
Empowerment of persons with disabilities is an inter-disciplinary process, covering various aspects
namely, prevention, early detection, intervention, education, vocational training, rehabilitation and
social integration etc. Apart from resources, it requires dedicated efforts of persons and institutions
involved in the process of empowerment. In order to recognize their effort and encourage others to
strive to achieve excellence in this field, separate awards are being presented to the most
efficient/outstanding employees with disabilities, best employers, best placement agency/officer,
outstanding individuals, outstanding institutions, role models, outstanding creative disabled
individuals and for outstanding technological innovation and adaptation of innovation to provide
cost effective technology. Awards are also given to Government Sector, Public Sector Undertakings
and private enterprises for creating barrier free environment for the persons with disabilities, the
best district in the field of disability rehabilitation, best Local Level Committee of the National
Trust and to the best State Channelising Agency (SCA) of the National Handicapped Finance and
Development Corporation (NHFDC). Preference is given to the placement of women with
disabilities, particularly, from the rural areas and self-employed women.

Scheme of National Scholarships for Persons with Disabilities:

Under the Scheme of National Scholarships for Persons with Disabilities, every year 500 new
scholarships are awarded for pursuing post matric professional and technical courses of duration

more than one year. However, in respect of students with cerebral palsy, mental retardation,
multiple disabilities and profound or severe hearing impairment, scholarship are awarded for
pursuing studies from IX Std. onwards. Advertisements inviting applications for scholarships are
given in leading national/regional newspapers in the month of June and also placed on the website
of the Ministry. State Government/ UT Administrations are also requested to give wide publicity to
the scheme. Students with 40% or more disability whose monthly family income does not exceed
Rs. 15,000/-are eligible for scholarship. A scholarship of Rs. 700/- per month to day scholars and
Rs. 1,000/- per month to hostellers is provided to the students pursuing Graduate and Post Graduate
level technical or professional courses. A scholarship or Rs. 400/- per month to day scholars and
Rs. 700/- per month to hostellers is provided for pursuing diploma and certificate level professional
courses. In addition to the scholarship, the students are reimbursed the course fee subject to a
ceiling of Rs. 10,000/- per year.

Schemes arising out of the Implementation of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995
A number of schemes are being formulated under the Persons with Disabilities (Equal
Opportunities Protection of Rights and full participation) Act, 1995 also. Schemes under
implementation at present are as under:

Incentives to Employers in the Private Sector for Providing Regular Employment to

Persons with Disabilities

Models to promote awareness about accessibility features in public buildings.

Composite Regional Centres for Persons with Disabilities (CRCs)

District Disability Rehabilitation Centers (DDRCs)

Awareness Generation Programme

Technology Development Projects in Mission Mode

Trust Fund for Empowerment of Persons with Disabilities:

The Supreme Court in its order dated 16th April, 2004 in the Civil Appeals No.4655 and 5218 of
2000 had directed that the banks, who had collected an estimated excess amount of Rs.723.79
crores annually from the borrowers through rounding off in collection of interest tax, should
transfer it to a trust which would be used for welfare of persons with disabilities. The Court had
constituted a Committee under the chairmanship of Comptroller and Auditor General of India with
Finance Secretary and Law Secretary as members. The Ministry had sought directions of the Apex
court for transfer of these funds to the National Trust for Welfare of persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple Disabilities for purposeful utilization. The trust has been
set up and the banks have been advised by the Banking Division of the Ministry of Finance to
deposit the due amount in the Trust account. Up to 20th September, 2007, the banks have deposited
an amount of Rs. 71.54 crores in the Trust account.

DECISIONS OF SUPREME COURT, HIGH COURT AND OTHER

JUDICIAL ORGANS:
Before the enactment of PWD Act, one gets to see a very feeble response of the Indian judiciary
regarding human rights of the persons with disabilities. But, still one can find that the judiciary
was influenced by the shift to a rights-based perspective on disabilities. In this regard, one could
refer to the case of D.N. Chanchala v.State of Mysore15. Though, this case involved the issue of
reservation of seats for various categories of persons and classification on university basis under
Articles 14 and 15(4) of the Constitution of India, but the Honble Supreme Court tried to extend
the equitable principle of preferential treatment under Article 15(4) to persons with disability to
bring them in the mainstream by giving them equal opportunity in the field of education.
In National Federation of Blinds, U.P. Branch v. State of U.P16the question to decide before the
Allahabad High Court was, whether the Lucknow Development Authority while giving preference
for allotment of plots and houses to blinds and other handicapped persons, should also accord in
the rates of the land? The Court referred to Section 43 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995 which provides for scheme
for preferential allotment of land for certain purpose. The Court ordered the respondent to not only
15

(1971) 2 SCC 293.

16

AIR 2000 All 258.

give preference in the matter of allotment of land and houses to handicapped persons, but also to
provide concessional rates to handicapped persons.
In Javed Abidi v. Union of India17 the petitioners grievance was that there was lack of facilities
like providing aisle chair and ambulift by Indian Airlines. The petitioner contended that it was a
social obligation of the Airlines and the Airlines must provide these minimum facilities to permit
easy access to the disabled persons, particularly those who are orthopaedically impaired and suffer
from locomotor disability. The major grievance of the petitioner was that Indian Airlines was not
giving any concession to such disabled persons for their movement by air even though such
concessions are being given to only blind persons, who are also disabled persons under the Act.
The Court held that those suffering from locomotor disability to the extent of 80% and above
would be entitled to the concession from Indian Airlines for travelling by air within the country at
the same rate as has been given to those suffering from blindness on their furnishing the necessary
certificate from the Chief District Medical Officer to the effect that the person concerned is
suffering from the disability to the extent of 80%. But, attention must also be paid to the lacunas in
the Indian disability law, which has forced the petitioners to knock the doors of the court of justice
after the enactment of this Act.
It was observed in the case of Social Jurist vs. Union of India and others18 that a disabled child has
the fundamental right to have access to free education in an appropriate environment till he attains
the age of 18 years as guaranteed to his under Articles 21 and 45 of the Constitution of India. And
it was also been held that, it is the legal duty of the government to provide free educational
facilities till the age of 18 years.
In All Kerala Parents Association Vs. state of Kerala 19 case it was held that, Sec.39 of PWD Act,
deals with the reservation of seats for persons with disabilities in Government educational
institutions as well as educational institutions receiving aid from the Government, and necessarily
therefore the provisions thereof must be complied with. This section was interpreted widely in
the case of Dr. Raman Khanna vs. University of Delhi 20 as:the law does not state that the 3%
17

18

19

20

(1999) 1 SCC 46.

C.W. 1342/2003 (Delhi H. C.)
2003 (2) WLN 692
2003 AD (Delhi) 343 Delhi High Court

reservation has 1% allocated to each of the 3 sub groups of disabilities. Since the law mandates a
3% reservation, the MCI cannot lower the quantum of reservation. Thus, it has to offer this 3%
reservation to the category it allows, namely, physical or locomotors handicaps.
In so far as acquiring disability during employment is concerned, the rights of such disabled
persons aretaken care of by enacting a provision like section 47 of the Disability Act. Sections 47
mandate its clearterms that no establishment shall dispense with or reduce in rank the employee
who acquires thatdisabilities during the service.In Narendra kumar Chandla v. State of Haryana
and Other 21a SLP wasfiled under Article 136 in the Supreme Court of India. Chandla was
aggrieved on account of beingreduced in rank on acquiring disability during service. Though the
Supreme Court but it orders appointedhim as lower divisional clerk this was lower in rank but
protected his salary in pay scale of Rs.1400-2300.However he was deprived of his right to
promotion to the next higher grade forever. No doubt togreat degree the Supreme Court removed
the injustice and protected his livelihood but it did not lay downthe law that prohibition against
discrimination in the matter of career enhancement of acquiring disabilityduring service. In order
to prevent discrimination on grounds of disability extra legal safeguards have nowbeen provided.
As section 47 of the Act says that no establishment shall dispense with or reduce in rank,on
employee who acquires a disability during his service. Provided that if any employee after
acquiringdisability is not suitable for the post he was holding could be shifted to some other post
with the same payscale and service benefit. Provided further that if it is not possible to adjust
the employee against any post,he may be left on super-numerary post until a suitable post is
available or he attains the age of superannuation whichever is earlier. No promotion shall be
denied to a person merely on ground of disability.
CONCLUSION:
Persons with disabilities often are excluded from the mainstream of the society and denied
their human rights. Discrimination against persons with disabilities has a long history and
taken various forms. Effects of disability-based discrimination have been particularly severe
in fields such as education, employment, housing, transport, cultural life and access to
public places and services.

21

AIR 1996 SC 419

Despite some progress in terms of legislation over the past decade, such violations of the
human rights of persons with disabilities have not been systematically addressed in society.
Most disability legislation and policies are based on the assumption that disabled persons
simply are not able to exercise the same rights as non-disabled persons. Consequently the
situation of persons with disabilities often will be addressed in terms of rehabilitation and
social services. A need exists for more comprehensive legislation to ensure the rights of
disabled persons in all aspects - political, civil, economic, social and cultural rights - on an
equal basis with persons without disabilities. Appropriate measures are required to address
existing discrimination and to promote thereby opportunities for persons with disabilities to
participate on the basis of equality in social life and development.
One of the dominant features of twentieth century jurisprudence has been the recognition of
law as a tool of social change. Though legislation is not the only means of social progress, it
represents one of the most powerful vehicles of change, progress and development in
society. Current legislation should be reviewed with a view to integrating the disability
perspective into all spheres of legislative effort and improve thereby the situation of persons
with disabilities.
Legislation at country level represents a fundamental link in promoting the rights of persons
with disabilities. While the importance and increasing role of international law in promoting
the rights of persons with disabilities is recognized by the international community,
domestic legislation remains one of the most effective means of facilitating social change
and improving the status of disabled persons. International norms concerning disability are
useful for setting common standards for disability legislation. Those standards also need to
be appropriately reflected in policies and programmes that reach persons with disabilities
and can effect positive changes in their lives.

BIBLIOGRAPHY:
BOOK SOURCE:
V.N.Vishwanathan, Human
Publication,New Delhi.

Rights-Twenty

First

Century

Challenges

Lakmikanth, Governance In India (2011), Tata Mcgraw-Hill,Newdelhi

(2008),Kalpaz

Dr.G.N.Karna, UN & Right Of Disabled Persons-A Study In Indian Perspective (1999), A.P.H
Publication, New Delhi
Jeremy Cooper ,Law,Right &Disability (2000), Jessica Kigsley Publication, London
ARTICLES:
Anuradha & Mohit ,Right Of The Disabled (2006) , NHRC, New Delhi
Dr.M.Padmaja,Human rights &disabled children in constitutional perspective, Asia-pacific journal
of social science,vol.II(1), Jan-Jun 2010
Dilip Kumar, Disability & Indian judiciary: a legal study, The Legal Analyst, Vol 1, 2011
Marianne schulze, Understanding the UN convention on the right of persons with disabilities
(2010) , HICRPD manual
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