New Microsoft PowerPoint Presentation ON LEGISLATIONS ON DISABILITY

7/27/2019 New Microsoft PowerPoint Presentation ON LEGISLATIONS ON DISABILITY

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INDIAN LEGISLATIONS

ON DISABILITY


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INTRODUCTION


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What is Disability?

The World Health Organization (WHO)defines disability as Disabilities is anumbrella term, covering impairments,activity limitations, and participationrestrictions. Impairment is a problem in

body function or structure; an activitylimitation is a difficulty encountered by anindividual in executing a task or action;while a participation restriction is aproblem experienced by an individual in

involvement in life situations. Thusdisability is a complex phenomenon,reflecting an interaction between featuresof a persons body and features of thesociety in which he or she lives.


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Disability is thus not just a healthproblem. It is a complex phenomenon,reflecting the interaction between

features of a persons body and featuresof the society in which he or she lives.Overcoming the difficulties faced bypeople with disabilities requiresinterventions to remove environmental and

social barriers. People with disabilities have the samehealth needs as non-disabled people forimmunization, cancer screening etc. Theyalso may experience a narrower margin of

health, both because of poverty and socialexclusion, and also because they may bevulnerable to secondary conditions, suchas pressure sores or urinary tractinfections.


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Kinds of Disability

The main categories of disability are physical, sensory, psychiatric,neurological, cognitive and intellectual. Many people with disabilityhave multiple disabilities.

1. Mental Disability: Psychiatric disorders resulting in disability mayinclude anxiety disorders, phobias or depression.

2. Sensory disability:Sensory disability involves impairments in hearingand vision.

3. Physical Disability:A physical disability is the most common type of

disability, followed by intellectual and sensory disability. Physical disability

generally relates to disorders of the musculoskeletal, circulatory,

respiratory and nervous systems.

4. Neurological and cognitive disability: Neurological and cognitive disability

includes acquired disability such as multiple sclerosis or traumatic brain

injury. Intellectual disability includes intellectual and developmental

disability which relate to difficulties with thought processes, learning,

communicating, remembering information and using it appropriately,

making judgments and problem solving. Intellectual disability is the result

of interaction between developmentally attributable cognitive impairment,

attitudinal and environmental barriers.


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KINDS OF

DISABILITY


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1. Mental Disability: Psychiatric disorders resulting indisability may include anxiety disorders, phobias ordepression.

2. Sensory disability:Sensory disability involvesimpairments in hearing and vision.

3. Physical Disability:A physical disability is the mostcommon type of disability, followed by intellectual andsensory disability. Physical disability generally relates todisorders of the musculoskeletal, circulatory, respiratory

and nervous systems.4. Neurological and cognitive disability: Neurological and

cognitive disability includes acquired disability such asmultiple sclerosis or traumatic brain injury. Intellectualdisability includes intellectual and developmental disability

which relate to difficulties with thought processes,learning, communicating, remembering information andusing it appropriately, making judgments and problemsolving. Intellectual disability is the result of interactionbetween developmentally attributable cognitiveimpairment, attitudinal and environmental barriers.


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Disability Status in India

In India, 8.4 % of rural households and6.1 % of urban have a disabled member.

Major divergence on composition ofdisability according to official sources :

Disability shares by type, census and NSS, early 2000s

0 10 20 30 40 50 60

Mental

Visual

Hearing

Speech

Locomotor

Multiple

%

ofPWDpo

pulation

Census ratesNSS rates


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According to the Census 2001 : 2.19 crore peoplewith disabilities in India ( 2.13% ).This includespersons with visual, hearing, speech, locomotor and

mental disabilities. 75% of persons with disabilitieslive in rural areas. 49 per cent are literate. Only 34per cent are employed. The earlier emphasis onmedical rehabilitation has now been replaced by anemphasis on social rehabilitation.

Disability data as per Census India 2001 :

1. Movement 28%

2. Seeing 49%

3. Hearing 6%

4. Speech 7%

5. Mental 10%


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Disability data as per National Sample

Survey Organization (NSSO) 2002 :

1. Movement 51%

2. Seeing 14%

3. Hearing 15%

4. Speech 10%

5. Mental 10%


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PRESENT

LEGISLATIONS


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1. The Persons with Disabilities (Equal

Opportunities, Protection of Right and full

Participation) Act 1995

The aims and objectives of the Act are:

1. To spell out the responsibility of the statetowards the -prevention of disabilities,

protection of rights, provision of medical care,education, training, employment andrehabilitation of persons with disabilities;

2. To create a barrier free environment;

3. To counteract any situation of abuse andexploitation of persons; and

4. To make special provision of theintegration of persons with disabilities into thesocial mainstream.


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Obligations on governments:

1. Undertake surveys, investigations and researchconcerning the cause of occurrence of disabilities

2. Promote various methods of preventing disabilities

3. Screen all the children at least once in a year forthe purpose of identifying at risk cases

4. Provide facilities for training to the staff at theprimary health centres

5. Sponsor awareness campaigns and disseminateinformation on general hygiene, health and sanitation,

6. Take measures for pre-natal and post-natal care ofmother and child;

7. Educate the public through the pre-schools,schools, primary health centres, village level workersand anganwadi workers;

8. Create awareness amongst the masses throughtelevision, radio and other mass media on the causes


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Affirmative Action

1. (Section 42) Special schemes are tobe notified for the preferential allotmentof land at confessional rates for:

2. Housing

3. Setting up business

4. Setting up special recreationalcentres

5. Establishment of special schools

6. Establishment of research centres

7. Establishment of factories byentrepreneurs with disabilities (Section43)


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2. National Trust Act 1999

1. India has enacted 3 legislations in the 1990s. The first, in1992, was the Rehabilitation Council of India Act, which relates tostandardization of training courses for rehabilitation professionals, toaccreditation of training institutions and of individuals desirous ofbecoming rehabilitation professionals.

2. To date, Rehabilitation Council of India has recognized 161training centers offering 200 courses and registered 20,000

professionals. 3. Under PWD Act over 6300 grievances have been redressed.

However, the more newly recognized disabilities like autism andmultiple disabilities were not included in the 1995 Act, nor were thereany specific provisions for persons with Cerebral Palsy and MentalRetardation.

4. In December 1999, therefore, after a decade of lobbying byparents and professionals, the Parliament of India enacted the Actentitled National Trust for the Welfare of Persons with Autism,Cerebral Palsy, Mental Retardation and Multiple Disabilities.

5. It is a statutory autonomous body under the aegis of theMinistry of Social Justice & Empowerment, Government of India.


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3. Constitution of the National Trust for Welfare of Persons withAutism, Cerebral Palsy, Mental Retardation and Multiple Disability,etc. (22 persons including the Chairperson and CEO)

The objects of the Trust shall be

(a) to enable and empower persons with disability to live asindependently and as fully as possible within and as close to thecommunity to which they belong;

(b) to strengthen facilities to provide support to persons withdisability to live within their own families;

(c) to extend support to registered organisations to provide need

based services during period of crisis in the family of persons withdisability;

(d) to deal with problems of persons with disability who do not havefamily support;

(e) to promote measures for the care and protection of persons withdisability in the event of death of their parents or guardians;

(f) to evolve procedure for the appointment of guardians andtrustees for persons with disability requiring such protection;

(g) to facilitate the realisation of equal opportunities, protection ofrights and full participation of persons with disability; and

(h) to do any other act which is incidental to the aforesaid objects.


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3.Mental Health Act 1987

The subject of health falls under theconcurrent list in the Indian Constitution,empowering both the center and statesto introduce measures, including the

authority to legislate. The Mental HealthAct 1987 is civil right legislation with afocus on regulating standards in mentalhealth institutions. There are seriousquestions over the effectiveness of thisAct in ensuring protection to persons,property and management of personscovered


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4.Rehabilitation Council of India

Act 1986

The Rehabilitation Council of India (RCI) was set up bythe government of India in 1986 initially as a society toregulate and standardize training policies andprogrammes in the rehabilitation of persons withdisabilities. The need for minimum standards was felt

urgent as the majority of persons engaged in education,vocational training and counselling of persons withdisabilities were not professionally qualified. In addition,poor academic and training standards adversely affectthe chance of disabled persons in the world of work.Therefore, an Act of Parliament in 1993 elevated the

status of the Council to a statutory body with the aims tostandardization of training courses for rehabilitationprofessionals, to accreditation of training institutionsand of individuals desirous of becoming rehabilitationprofessionals


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Rehabilitation professional" means-

audiologists and speech therapists;

clinical psychologists; hearing aid and ear mould technicians;

rehabilitation engineers and technicians;

special teachers for educating and

training the handicapped; vocational counsellors, employment

officers and placement officers dealing withhandicapped;

multi-purpose rehabilitation therapists,technicians; or

such other category of professionals asthe Central Government may, in consultationwith the Council, notify from time to time;


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Visually handicapped" means a persons who suffers fromany of the following conditions namely -

total absence of sight;

visual acuity not exceeding 6/60 or 20/200(snellen)

in the better eye with the correcting lenses; or limitation of the field of vision subtending and angle

of degree or worse.

The Rehabilitation Council of India Constitution andincorporation of Rehabilitation Council of India

There will be 27 Members.

FUNCTIONS OF THE COUNCIL

Recognition of qualifications granted by University

etc., in India for Rehabilitation Professionals. Recognition of qualification by Institutions outside

India


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The Right of Persons with

Disabilities Bill, 2014 The Rights of Persons with Disabilities Bill, 2014 was introduced in the Rajya Sabha on

February 7, 2013 by the Minister of Social Justice and Empowerment, Mr. Mallikarjun Kharge.

The Bill repeals the Persons with Disabilities (Equal Opportunities Protection of Rightsand Full Participation) Act, 1995.

Definition of disability: Disability is defined to include 19 conditions such as:

o autism;

o low vision and blindness;

o cerebral palsy;

o deaf blindness; o haemophilia;

o hearing impairment;

o leprosy;

o intellectual disability;

o mental illness;

o muscular dystrophy;

o multiple sclerosis;

o learning disability;

o speech and language disability;

o sickle cell disease; thalassemia;

o chronic neurological conditions;

o and multiple disability.

Persons with benchmark disabilities are defined as those with at least 40 per cent of any of theabove specified disabilities.


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Rights of persons with disabilities:

The Bill states that persons with disabilities shall

have the right to equality and shall not be discriminatedagainst on grounds of their disability.

Rights of disabled persons include protection from

inhuman treatment and equal protection and safetyin situations of risk, armed conflict, humanitarianemergencies and natural disasters.

All existing public buildings shall be madeaccessible for disabled persons within five years of theregulations being formulated by the NationalCommission for Persons with Disabilities.

No establishment will be granted permission to

build any structure, issued a completion certification orallowed to occupy a building, if the building does notadhere to the regulations formulated by theCommission


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The Bill provides that the reservation has to be computed onthe basis of total number of vacancies in the strength of a cadre.The government may exempt any establishment from this provision.

Legal Capacity: Disabled persons have the right, equally withothers, to own and inherit movable and immovable property, as wellas control their financial affairs.

Guardianship: The Bill provides that if a district court finds thata mentally ill person is not capable of taking care of himself or oftaking legally binding decisions, it may order guardianship to theperson. The nature of such guardianship is also specified.

National and State Commissions for persons with disabilities:The central and state governments are required to establish aNational and State Commissions for Persons with Disabilities,respectively. The Commissions will be composed of experts and berequired to (i) identify any laws, policies or programmes that areinconsistent with the Act; (ii) inquire into matters relating todeprivation of rights and safeguards available to disabled persons,(iv) monitor implementation of the Act and utilisation of fundsdisbursed by governments for the benefit of disabled persons.

Central and state advisory boards: The central government andstate governments shall constitute Central and State AdvisoryBoards on Disability. The boards shall advise governments onpolicies and programmes on disability and review the activities oforganisations dealing with disabled persons.


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EFFECT OF PRESENT LAW

ON SOCIAL CHANGE


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Laws are a form of social rule emanating from politicalagencies. Laws become legislations when they aremade and put into force by law-making body orauthority. Legislations, particularly social legislations

have played an important role in bringing about socialchange.

There are two opinions about the functions of law. Thefunction of law, according to one view, is to establishand maintain social control. Hence the major problem of

law is to design legal sanctions to minimise devianceand to maintain social solidarity and social order.

Another view stresses the dynamic role of law. It statesthat the function of law is not just to maintain socialorder through social control. It insists that law mustbring about social change by influencing peoples

behaviour, beliefs and values. We shall now analyse therole of law or legislation in bringing about social change.


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A careful analysis of the role of legislation in socialchange would reveal two things. (i) Through legislationsthe state and society try to bring the legal norms in linewith the existing social norms, (ii) Legislations are alsoused to improve social norms on the basis of new legalnorms.

Social legislation can be an effective means of socialchange only when the existing social norm is given alegal sanction. No legislation by itself can substitute onenorm with another.

It can hardly change norms. Unaided social legislationcan hardly bring about social change. But with thesupport of the public opinion it can initiate a change insocial norm arid thus a change in social behaviour.Some examples of social legislations made in India willhelp us to understand this point.

A number of social legislations were made in India bothbefore and after independence with a view to bringabout social change. Some of these could achievesuccess while a few others still remain as dead letters.The legislations that secured public support and thesupport of social norms could become a great success.


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SOCIOLOGICAL BENEFITS

THAT CAN BE BROUGHT

ABOUT IN FUTURE


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India: The proposal by the Ministry of Social Justice and

Empowerment to introduce 101 amendments to the Personswith Disabilities (Equal Opportunities, Protection of Rights andFull Participation) Act in the budget session has come undercriticism.

Several groups of disabled people, with whom the governmenthas been holding consultations, have demanded instead atotally new law that is aligned with the UN Convention on theRights of People with Disabilities (UNCRPD), which Indiaratified in 2007.

They say the proposed amendments are inadequate, and onemust have a new law for the 70 million people with disabilitiesin India (figures according to civil society organisations) thatcontains everything in consonance with the Convention.

Prasanna Pincha, who works as an independent disability

rights activist, explains why the UNCRPD is so crucial and howin the 21st century it has brought about a paradigm shift inperspective.

UNCRPD adopts a human rights approach instead of theearlier medical approach to disability. This is a shift fromviewing people with disabilities (PWD) as objects needingsocial protection and medical care to seeing them as subjects

having human rights, fundamental freedoms, he explained


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Impairments, not disabilities

Currently in India there are four different laws pertaining to the disabled. These are: TheMental Health Act, 1987, the Rehabilitation Council of India Act, (meant to provideminimum standards in training and qualification for rehabilitation professionals) theNational Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardationand Multiple Disabilities Act, 1999 and lastly the Persons with Disabilities Act.

Much of this legislation is medical oriented and adopts a welfare attitude. It looks at thephysical impairments of people and labels these as disabilities.

The UNCRPD, on the other hand, defines disability as an evolving concept, said Pincha.The Convention believes disability results from interaction of impairments with variousbarriers which hinders full and active participation in society on an equal basis withothers.

Pincha, who is himself visually impaired, illustrates this concept drawing on his ownexperiences. If I arrive in a city and check into a hotel where the instructions on how todial the operator and other information given to the sighted are also available in Braille,if the elevator has Braille signs, if the menu too is in Braille, then my blindness is onlyan impairment. It is not a disability, he said.

The medical approach, which was the norm for centuries, sought corrections for theindividual. The rights-based approach adopted by UNCRPD seeks a society that isdesigned and structured to help all categories and sections to access facilities and

opportunities. This accessibility is not just confined to building roads or constructing buildings that

have ramps for wheel-chairs, but it means ensuring that the disabled can access publictransportation systems, pedestrian signs (Braille and audio), public facilities likeschools, sports auditoriums, clinics, hospitals, malls and so on. Even, perhaps, addingspecial fitting rooms in department stores for those on wheel-chairs.

New Microsoft PowerPoint Presentation ON LEGISLATIONS ON DISABILITY

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