Constitutional Frameworks for Disabled in India

• Article 41 of the Directive Principles of State Policy (DPSP) states that State shall make effective provision for securing right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of its economic capacity and development.
• The subject of ‘relief of the disabled and unemployable’ is specified in state list of the Seventh Schedule of the constitution.

Legislations for Disabled

Right of Persons with Disabilities Act 2016

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

• It increases the quantum of reservation for people suffering from disabilities from 3% to 4% in government jobs and from 3% to 5% in higher education institutes.
• Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education. Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education.
• Stress has been given to ensure accessibility in public buildings in a prescribed time frame along with Accessible India Campaign.
• The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies, monitoring implementation of the Act.
• A separate National and State Fund be created to provide financial support to persons with disabilities.
• The Bill provides for grant of guardianship by District Court under which there will be joint decision – making between the guardian and the persons with disabilities.
• The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies and also monitor implementation of the Act.
• The Bill provides for penalties for offences committed against persons with disabilities and also violation of the provisions of the new law.
• Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.
• The New Act will bring our law in line with the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.

• "Person with disability" means a person with long term physical, mental, intellectual or sensory impairments which, in interaction with barriers, hinders his full and effective participation in society equally with others.
• "Person with benchmark disability" means a person with not less than 40% of a specified disability where specified disability has not been defined in measurable terms and includes a person with a disability where specified disability has been defined in measurable terms, as certified by the certifying authority.
• Disability has been defined based on an evolving and dynamic concept.
• Principles stated to be implemented for empowerment of persons with disabilities (PWD) are respect for the inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons. The principle reflects a paradigm shift in thinking about disability from a social welfare concern to a human rights issue.
• The types of disabilities have been increased from 7 to 21. The act added mental illness, autism, spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, speech and language disability, thalassemia, hemophilia, sickle cell disease, multiple disabilities including deaf blindness, acid attack victims and Parkinson’s disease which were largely ignored in earlier act. In addition, the Government has been authorized to notify any other category of specified disability.