HARD Facts, Rights of Persons with Disabilities
Mohd. Shamim BMR, M.A, M.Phil.

A handicap is a disadvantage for a given individual, resulting from an impairment or disability that limits or prevents the fulfillment of a role that is normal (depending on age, sex, social and cultural factors) for that individual. The concept of disability is also subjective and situational, in that, different functional organisations of the United Nations have evolved different definitions. The ILO defines a disabled person as an individual whose prospects of securing, retaining and advancing in suitable employment are substantially reduced as a result of duly recognised physical or mental impairment.

PROVISIONS UNDER INDIAN CONSTITUTION

There are ample constitutional provisions with regard to, protection and safeguarding the rights of the individuals with disabilities. The architect of the Indian Constitution, Dr. Bhim Rao Ambedkar, had made several provisions for the underprivileged and marginalised sections of our society, which are enshrined in Articles 14, 41, 45 and 46 in our constitution. These are as under:

"The State shall not deny to any person equality before the law or the equal protection of the law within the territory of India"

"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 case of unemployment, old age, sickness and disablement and other cases of undeserved want”.

"The State shall endeavour to provide within the period of ten years from the commencement of this constitution, for free and compulsory education to all children until they complete the age of 14 years".

"The State shall promote with specia1 care, the educational and economic interest of th~ weak.er sections of the people and in particular Scheduled Castes and Scheduled Tribes and shall protect them from social justice and all forms of exploitation."

These articles provide equal treatment to all citizens irrespective of caste, creed, color, religion and disablement etc. Thus Article 14 can be interpreted to mean that the State is under an obligation to equalise the opportunities. to the individuals with disabilities through affirmative action. Under Article 41 State is supposed to provide free' and compulsory education to all children including disabled children. Articles 45 and 46 enjoin the State to provide assistance in the field of education employment and financial assistance as well.

LEGISLATION ON DISABILITIES IN INDIA

Around 10-12% of the country's population is disabled which is unable to take care of itself without proper guidance and training. They are entitled in all respects to the freedom recognized under the directive principles of Articles 14, 45, 46 and 47 of the Constitution, to promotion with special care of the educational and economic interests and protection from social injustice and all forms of exploitation. There are a few major laws on disabilities in India. These are as under:

This law governs the rights of psychiatrically handicapped. This law does not make any difference between Lunacy and Mental Retardation and this lacuna has been accepted by legal luminaries including judges. Section 3(5) of this act defines the word "Lunatic" as an idiot or person afflicted with severe mental retardation. The term mental retardation is also explained. as a menta1 disorder characterlsed by significantly subaverage wlth Impairment in adaptive behaviours.

This Act was Introduced to consolldate and amend the law relating to the treatment and care of psychiatrically disabled people and to make better provisions with respect to their property affairs and for matter connected therewith or incidenta1 thereto, But the person" in section 2(1) as a person who is in need of treatment by reason of any mental disorder other than mental retardation. This act deals with establishment of psychiatric hospitals, psychiatric nursing homes, treatment care and protection of human rights of psychiatrically disabled persons.

In order to control the quality of the program and to accredit organizations, the Government of India formed the Rehabilitation Council of India. The Council is empowered to regulate the training of rehabilitation professionals and the maintenance of a Central Rehabilitation Register and for matters connected therewith. The RCI grants recognition to the qualifications granted by various institutions, universities and other training institutes to the rehabilitation professionals. The main purpose of the Council is to maintain uniformity in the standards of training and qualifications of rehabilitation. professionals who render socially beneficial services for the benefits and rehabilitation of the disabled population of the country. This act ensures the overall quality of services to the disabled. It has streamlined the services delivery system in the disability sector.

According to this law, disability means a person who is unable to ensure by himself/herself, wholly or partly, the necessities of a normal individual or social life including work, as a result of deficiency, whether congenital or not, in is/her physical, or mental capabilities because of his/her being a person (i) Who is blind (ii) speech and hearing impaired (iii) Who is orthopedically impaired (iv) Who is mentally impaired.

This law provides for recognition by the State of the rights of persons with disabilities to enjoy equality of opportunities and full participation in national life and for matters connected therewith or incidental there to. It is a very comprehensive law, and covers aspects like prevention, early intervention, education, vocational training, employment, social security and the appointment of commissioners for persons with disabilities.

An Act to provide for the constitution of a body at the national level for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities, and for matters connected therewith or incidental thereto, Under this Act, a national trust has been constituted for the upliftment and welfare of individuals with disabilities.

Source: Success & Ability, Volume 7 No. 1
Issue: Dated Jan-Mar 2002