Talking about disability, let’s try to first understand what disability actually means, According to World Health Organization “Disability is an impairment that may be cognitive, development, intellectual, activity, limitations, sensory or some combination of these.” It substantially affects a person’s life activities and may be present from birth or occur during a person’s lifetime. Disability is a contested concept, with different meanings of different communities. It may be used to refer to physical or mental attributes that some institutions, particularly medicine, view as needing to be fixed. It may refer to limitations imposed on people by the constraints of an ablest society. People with disabilities have the same health needs as non-disabled people for immunizations, cancer screening etc. They may also experience a narrow margin of health both because of poverty and social exclusion and also because they may be vulnerable to secondary conditions such as pressure sores or urinary tract infections. Hence, they should be treated equally with normal people but also they deserve more empathetic behaviour.
Under Indian Constitution, Article-15 and 15(A) both grant rights of no discrimination and pure equality to every person irrespective of caste, sex or disability etc. Under Article-25 of Indian Constitution the right of person with disability to education, culture, social and economic rights are stated. Under Article-27 recognizes the right of disable person to work on equal basis with others, which includes “right to opportunity”. Article-14 instructs state parties to guarantee people with disabilities the right to liberty and security of person. We considered the right to liberty is guaranteed to persons with disabilities if they were explicitly granted the right to freedom or liberty. Under Article-21 constitution states to take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion include the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communications of their choice.Moreover, there is also a specific act for people with disabilities “Person with Disabilities Act, 1955” which came into enforcement on 7th Feb, 1996. Main Provisions of the Act.
Even, National policy for persons with disabilities, 2006. The Government of India formulated the national Policy for persons with disabilities in Feb 2006 which deals with the physical, educational and economic rehabilitation of persons with disabilities. The National Policy recognise the Persons with Disabilities are valuable human resources for the country and seeks to create an environment that provides them equal opportunities, protection of their rights and full participation in society . Some of the aspects which the policy focuses on are:
1) Prevention of Disabilities: the policy lays a strong emphasis on prevention of disabilities. It calls for programme for prevention of diseases, which result in disability and the creation of awareness regarding measures to be taken for prevention of disabilities.
2) Rehabilitation Measures: It includes of physical, educational and economic rehabilitation to dignify society.
3) Women with disabilities: Special programmes will be developed for education, employment and providing of other rehabilitation services to women with disabilities keeping in view their special needs. Special educational and vocation training facilities will be setup.
4) Children with disabilities: As, they need special attention, so ensure their care, protection, security and development.
In Bharat, we have provisions and relief for people with disability to make their lives a bit easier. Like in every aspect of life they are given some concession, so that they don’t feel burdened. Like taking the example of some common laws which are part of every individual’s life:
- Education Laws
Every Child with disability shall have the right to free education till the age of 18 years in integrated schools or special schools. Appropriate transportation, removal of architectural barriers and restructuring of modifications in the examination system shall be ensured for the benefit of children with disabilities. Children with disabilities shall have the right to free books, scholarships, uniform and other learning material. Special Schools for children with disabilities shall be equipped with vocational training facilities.
- Health Laws
Article 47 of the constitution imposes on the Government a primary duty to raise the level of nutrition and standard of living of its people and make improvements in public health – particularly to bring about prohibition of the consumption of intoxicating drinks and drugs which are injurious health except for medicinal purposes. The health laws of India have many provisions for the disabled. Some of the Acts which make provision for health of the citizens including the disabled may be seen in the Mental Health Act, 1987
- Family Laws
Various laws relating to the marriage enacted by the Government for DIFFERENT communities apply equally to the disabled. In most of these Acts it has been provided that the following circumstances will disable a person from undertaking a marriage
- Employment
3% of vacancies in government employment shall be reserved for people with disabilities, 1% each for the persons suffering from blindness, hearing impairment, or any other disability. No employee can be sacked or demoted if they become disabled during service, although they can be moved to another post with the same pay and condition. No promotion can be denied because of impairment.
- Affirmative Action
Aids and Appliances shall be made available to the people with disabilities. Allotment of land shall be made at concessional rates to the people with disabilities for Houses, Business, Research Schools, special recreational centres, special schools, factories with entrepreneur with disability etc.
- Non Discrimination
All the places of public utility shall be made barrier- free by providing the ramps.
- Research and Manpower development
Financial assistance shall be made available to the universities, other institutions of higher learning, professional bodies and non-government research- units or institutions, for undertaking research for special education, rehabilitation and manpower development.
- Social Security
Financial assistance to non-government organizations for the rehabilitation of persons with disabilities. Insurance coverage for the benefit of the government employees with disabilities.
- Grievance Redressal
In case of violation of the rights as prescribed in this act, people with disabilities may move an Application to the Chief Commissioner for Persons with Disabilities in the Centre, or Commissioner for Person with Disabilities in the State.
- Income Tax Concession (under Income Tax Act, 1961)
- Section 80 DD: Section 80 DD provides for a deduction in respect of the expenditure incurred by an individual or Hindu Undivided Family resident in India on the medical treatment (including nursing) training and rehabilitation etc. of handicapped dependants. For officiating the increased cost of such maintenance, the limit of the deduction has been raised from Rs.12000/- to Rs.20000/-.
- Section 80 V: A new section 80V has been introduced to ensure that the parent in whose hands income of a permanently disabled minor has been clubbed under Section 64, is allowed to claim a deduction upto Rs.20000/- in terms of Section 80 V.
- Section 88B: This section provides for an additional rebate from the net tax payable by a resident individual who has attained the age of 65 years. It has been amended to increase the rebate from 10% to 20% in the cases where the gross total income does not exceed Rs.75000/- (as against a limit of Rs.50000/- specified earlier).
FAMOUS EXAMPLES FROM INDIA
- SUDHA CHANDRAN
This Indian actress and classical dancer need no introduction. Born in Kerala, this 50-year-old artist met with an accident when she was just 16. Doctors missed a small wound in her ankle and plastered it, which later got infected and there was no alternative left but to amputate her leg. She overcame her disability by getting a prosthetic “Jaipur Foot” and became one of the most popular and acclaimed classical dancers of the country. Having performed Bharatnatyam internationally, Chandran has also been a known figure in the Indian television and film industry. Having received many awards for her amazing talent, Chandran is an inspiration to many!
- RAVINDRA JAIN
Born visually impaired, Jain started singing at a very young age and took his passion to a new high when he joined the Indian music industry, becoming one of the most notable music directors of the 1970s. He was so dedicated towards his work that when, during one of the recording sessions, his father passed away, but he still did not leave the recording room until the recordings were finalized. Apart from composing various ‘super-hit’ songs for Hindi movies, he had also launched several private albums which were praised by many
And many more intellectual souls are there, believe in own self is the best you could do for your own self. No disability by body can hinder the power or your thoughts and country and have acted as boat in the wide ocean, with the waves of problems because of physical disabilities. Like how people of backward classes receive reservation, similarly people with disability accept their rights.
Your Limitation-Your Imagination Believe In Yourself Conquer the World In Your Way
ABOUT THE AUTHOR
Vanshika Gaba – Student of BBA LLB. Sem-2, FIMT-School of Law, GGSIPU, New Delhi