sang disablity laws for the people of india.pptx

disability laws for theinability

1. POSITION OF DISABILITY LAWS IN INDIA

2. I have no legs, But I still have feelings, I cannot see, But I think all the time, Although I’m deaf, I still want to communicate, Why do people see me as useless, thoughtless, talkless , When I am as capable as any, For thoughts about our world. — Coralie Severs, United Kingdom

3. Do you know a disabled person? What is his or her disability? What does he or she do for a living?

4. What is Disability? Loss of functioning Physical Sensory Intellectual Mental/Psychiatric

5. MEANING AND DEFINITION In a layman’s language- “disability”- physical or mental condition that limits a person’s movements, senses or activities. Convention on Persons with Disability: Person 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

6. World Health Organization Definitions (1980) Impairment A loss or abnormality of psychological or anatomical structure or function Disability any restriction or lack (resulting from impairment) of the ability to perform an activity in the manner or within the range considered normal for a human being; Handicap a disadvantage for a given individual, resulting from an impairment or a disability that limits or prevents the fulfillment of a role that is normal for that individual (in relation to age, sex, social and cultural factors)

7. LAWS/POLICY ON DISABILITY IN INDIA Mental Health Act, 1987 The Rehabilitation Council of India Act, 1992 The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities Act, 1999 National Policy for Persons with Disabilities – 2006 United Nations Convention on the Rights of Persons with Disabilities – 3 rd May 2008

8. KINDS OF DISABILITIES As per PWD Act, Disability means - Blindness Low vision Leprosy-cured Hearing impairment Loco motor disability Mental retardation Mental illness Autism Cerebral Palsy A PWD means a person suffering from 40% or more disability

9. Changing concepts of disability Human rights issue The New Disability Business Case Economics of disability

10. Changing concepts: A human rights issue Disabled people are human beings too. Negative attitude of the society. Disabilities are holders of rights and not objects to be associated with charity.

11. National approaches: changing legislation Cha rity Law , No Law Welfare Law Rights-based Law

12. RIGHTS OF DISABLED Education: Education is a fundamental human right and essential for the exercise of all other human rights. It promotes individual freedom and empowerment and yields important development benefits. The fact that they are ‘disabled’ does not deprive them from their right to education they require active intervention and specialized services

13. Cont.. Employment: The right to work is enshrined in the UDHR, ICCPR and ICESCR. They have always been perceived as lacking abilities and potential to engage in any meaningful activity or work. This perception resulted into denial of the ‘right to work’ to them.

14. Cont… Accessibility: The right to full participation in the community is one that people with disabilities value very highly. disabled persons are often denied the opportunities of full participation in the activities of the socio-cultural system. Whether s/he is going to school, or to work, or to use recreational facilities, the ability of the person with disability to move around in the immediate vicinity of the living space or travel farther afield is critical to make him or her feel like a valued and effective member of the community.

15. So why aren’t more disabled people working? What barriers do they face?

16. Barriers to Decent Work Lack of policy support/integration Unequal access to education, training and employment services Lack of data Psychosocial issues Lack of accessibility Lack of support services and information geared to their needs Negative attitudes and stereotypes Lack of trained and unbiased personnel

17. LEGAL FRAMEWORK CONSTITUTION OF INDIA: Disability has not been defined in the Constitution. The constitution of India premised on the principle of social justice and human rights. The constitution of India applies uniformally to all citizens of India whether or not they are healthy and normal or disabled and irrespective of their religion, caste, gender, creed etc. (Article 14 &15).

18. DIRECTIVE PRINCIPLES OF STATE POLICY The Preamble, the Directive Principles of State Policy and the Fundamental Rights enshrined in the Constitution stand testimony to the commitment of the State to its people. It envisage a very positive role for the State for the upliftment of the status of disadvantaged groups. For example: Article 41 enjoins 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.”

19. PERSON WITH DISABILITIES ACT, 1995 Part I comprises Chapter 1-4 dealing with the administrative arrangement for implementation. Part II comprises Chapter 5-11 dealing with the substantive rights and correlated obligations. Part III provides a mechanism for the monitoring of the Act in the Centre and States. Chapter 12 establishes the office of the Chief Commissioner and State Commissioners for person with disabilities. 

20. Important Cases Social Jurist vs. Union of India   and others  it was held 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.”

21. Cont… In  All Kerala Parents Association Vs. state of Kerala  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

22. CURRENT INDIAN SCENARIO India has the largest number of disabled in the world, constituting 6 per cent of the population, yet they are the most neglected lot. The most grievous mistake our policy makers and decision makers have made is to have looked at disability as a charity issue and a welfare issue whereas it was, it is and it should rightly be a development issue and a progress issue. The findings of a study on employment practices of the corporate sector (conducted on a sample of super 100 companies) with reference to people with disabilities conducted by the National Centre for Promotion of Employment for Disabled People is shocking

23. Cont.. The study also found that out of the 70 respondent companies, 20 companies do not employ any disabled person at all. After a massive public campaign, the Government of India finally yielded and has included disability as a category in Census 2001. Describing this development as a "major victory for the disabled sector in India", Javed Abidi , executive director of National Center for Promotion of Employment for Disabled People (NCPEDP), said, "It's like winning a major battle. The damage that the non-availability of authentic statistics has done to the disability sector could now be undone and changed“.

24. CONCLUSION Legislation for the disabled, like everything else, needs to keep abreast with changes with the modern world if it aims be truly effective. The demand of the issues arising related to disability is not only to provide them with better facilities and protection of their rights but also to change the negative attitude of the society. If the problem lies with the society and the environment, then society and environment must change. If a wheelchair user can’t use a bus, the bus must be redesigned.