Presentation on Human Rights for Disabled Person And

Current Status of Disabled in India

Presented by Mahendra Charan

GENERAL DEFINITION OF DISABILITY

a physical or mental condition that limits a person's movements, senses, or activities.

DEFINED BY UNITED NATIONS 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.

Types of DisabilityIn SeeingIn HearingIn SpeakingIn MovementMental Retardation Mental IllnessAny Other

Disabled Population by Sex and Residence, India, 2011

Residence Persons Males FemalesTotal 26,810,557 14,986,202 11,824,355Rural 18,631,921 10,408,168 8,223,753Urban 8,178,636 4,578,034 3,600,602

Sources of Data is According to Census of India 2011

Percentage of Disabled to total population India, 2011

Residence Persons MalesFemales

Total 2.21% 2.41% 2.01 %

Rural 2.24% 2.43% 2.03 %

Urban 2.17% 2.34% 1.98%

Types of Disability

Persons Males Females

Total 26810557 14986202 11824355

In Seeing 5032463 26385162 393947

In Hearing 5071007 2677544 2393463

In Speech 1998535 1122896 875639

In Movement 5436604 3370374 2066230

Mental Retardation

1505624 870708 634916

Mental Illness 722826 415732 307094

Any Other 49297011 2727828 2199183

Multiple Disability

2116487 1162604 953883

Disabled Population by Type Disability India 2011

Laws for Disabled in India

EqualityArticle 14

ARTICLE 15 AND ARTICLE 16

REHABILITATION COUNCIL OF INDIA ACT, 1986

MENTAL HEALTH ACT, 1987

the Persons with Disabilities(Equal Opportunities Protection of Rights and Full Participation) Act, 1995

National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act 1999

Salient Feature of PWD Act 1995 A. EducationProvision for free education in an appropriate

environment for every child with a disability up to 18 years of age.

Section 26Provision for reservation of not less than 3% seats for

admission to Government and/or Government aided educational institutions.

Section 39Government to prepare comprehensive education

schemes with provision for transport facilities, barrier free access to schools, supply of uniforms, books, other materials, scholarship, etc., to children with disabilities

Section 30

B. EMPLOYMENT/AFFIRMATIVE ACTION/SOCIAL SECURITY

Provision for reservation in vacancies to the tune of not less than 3% in Government establishments (which includes public sector undertakings) (in all grades of jobs).

Section 33Provision for reservation of not less than 3% quota for

persons with disabilities in all poverty alleviation schemes.

Section 40Provision for providing incentives to public sector and

private employers to ensure that at least 5% of their work force is composed of persons with disabilities.

Section 41

Provision for schemes to provide aids and appliances to persons with disabilities

Section 42Preferential allotment of land at concessional

rates in favour of persons with disabilities for residential purpose; setting up business, setting up of special recreation centres; establishment of special schools, establishment of research centres; establishment of factories by entrepreneurs with disabilities

Section 43Provision for unemployment allowance for such

persons with disabilities who could not be gainfully employed even after two years of their registration with a special employment exchange.

Section 68

C. NON-DISCRIMINATION AND BARRIER-FREE ACCESS

1 Provision for special measures to adapt rail compartments, buses, vessels and aircrafts in such a way that they become accessible to persons with disabilities, including toilets.

Section 442 Provision to make roads and public places barrier-free

including installation of auditory signals at red lights, causing curb cuts and 10 slopes to be made in pavements for the easy access of wheelchair users; engraving on surface of the zebra crossings for the blind or for persons with low vision; engraving on the edges of railway platforms for the blind or for persons with low vision; warning signals at appropriate places, etc.

Section 45

Provision for barrier-free access in public buildings, work places, and recreation centres including provision for ramps, Braille symbols and auditory signals in elevators or lifts; ramps in hospitals, primary health centres and other medical and rehabilitation institutions.

Section 46 Ban on dispensing or reducing in rank an

employee who acquires a disability during his/her service

Section 47 (1)5 Promotion cannot be denied to a person on the

ground of his/her disabilitySection 47 (2)

COMPLAINTSProvision for lodging complaints in respect of

deprivation of rights of persons with disabilities, etc., with the Chief Commissioner, Disabilities

Section 59Provision of lodging complaint with Commissioner

Disabilities (state level) in respect of deprivation of rights of persons with disabilities, etc.

Section 62

Laws for Disabled Global Level

1981-1992 United Nation Declared “the Decade of Disabled Persons”

The Convention on the Rights of Persons with Disabilities in 2006

The Convention on the Rights of Persons with Disabilities in 2006Article 1 defines the purpose of the

Conventionto promote, protect and ensure the full and

equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

Articles 2 and 3 provide definitions and general principles including communication, reasonable accommodation and universal design.

Articles 4–32 define the rights of persons with disabilities and the obligations of states parties towards them. Many of these mirror rights affirmed in other UN conventions such as the International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights or the Convention Against Torture, but with specific obligations ensuring that they can be fully realized by persons with disabilities.

Rights specific to this convention include the rights to accessibility including the information technology, the rights to live independently and be included in the community (Article 19), to personal mobility (article 20), habilitation and rehabilitation (Article 26), and to participation in political and public life, and cultural life, recreation and sport (Articles 29 and 30).

In addition, parties to the Convention must raise awareness of the human rights of persons with disabilities (Article 8), and ensure access to roads, buildings, and information (Article 9).

Articles 33–39 govern reporting and monitoring of the convention by national human rights institutions (Article 33) and Committee on the Rights of Persons with Disabilities (Article 34).

Articles 40–50 govern ratification, entry into force, and amendment of the Convention.

Article 49 also requires that the Convention be available in accessible formats.

Problem Faces By Disabled in India

Generally Two Types of Faces Disabled Person in India

A. Environmental ProblemsB. Attitudinal ProblemsIn Environmental Problems Disabled

Persons Face These Kind of Problems 1. Lack of Proper Rehabilitation Care2. Technological Problems

3.Architectural Problems:-Architectural barriers in buildings include lack of Ramps, Railings, Signage, Braille Print, Adequate Spacing, Slip Resistant Flooring, Accessible Toilets and Chairs, Switches, Shelves, Wash Basins, Taps & Telephone at an accessible height. This kind of infrastructure help disabled people to be at ease and do their routines with minimum or no support. Apart from becoming self-reliant, such an internal atmosphere boosts their self-confidence and avoids unnecessary delay.

B. Attitudinal Problems The real issue behind these barriers is the disability insensitive attitude of the society. Even a stringent law can do very less unless there is a change in the mindset of people and a willingness to accept and respect (disabled) people. There is an attitude of relating a disabled person with his or her disability and not to his/her abilities. The society should be dynamic enough to Accept all Differences, as the world exists only because of its differences and the natural balance among them.

Important Cases on DisabilityBhagwan Dass Vs. Punjab State Electricity

BoardIndra Sahani Vs. Union of IndiaAmita Vs. Union of India