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Writer's picturePeeyush Das

What Are The Rights Of Disabled People?



People with disabilities face human rights violations, stigma, and discrimination all around the world. Having a disability implies that you have a lot of trouble doing activities that others take for granted. Many social factors can influence whether or not people with disabilities get included or excluded from certain activities, which can have an impact on their development and self-esteem.


As a result, disability is not merely a health issue. It's a complicated phenomenon that reflects the relationship between a person's physical characteristics and the characteristics of the culture in which he or she lives.


On February 7, 1996, the Persons with Disabilities Act 1995 went into effect. The Act covers both preventive and promotional aspects of rehabilitation, such as education, employment, and vocational training, reservation, research and manpower development, and disability rehabilitation, as well as unemployment benefits for disabled people.

Main Provisions of the Act:


Prevention and early detection of disabilities

  • Every year, all children will get checked to identify 'at-risk instances

  • To spread information, awareness initiatives would get established and financed

  • Prenatal, perinatal, and post-natal care for the mother and child must be addressed

Education

  • Every child with a disability has the right to free education in integrated or special schools until the age of eighteen

  • Children with disabilities have the right to free books, scholarships, uniforms, and other learning materials

  • Special schools for children with disabilities must have vocational training facilities

  • Children with impairments should be encouraged to participate in non-formal education

Employment

People with impairments will be given 3% of government job openings, with 1% earmarked for each of the following disabilities:

  • Blindness or Low Vision

  • Locomotor Disabilities & Cerebral Palsy

  • Hearing Impairment

  • A suitable scheme for the training and welfare of people with disabilities

  • The relaxation of the upper age restriction must be developed

  • Employment Regulation

Affirmative Action

People with disabilities will be given land at a reduced rate for

  • Houses

  • Businesses

  • Special Recreational Centers

  • Special Schools

  • Research Schools

  • Factories by Disabled Entrepreneurs

Non-Discrimination

  • Public buildings, train compartments, buses, ships, and airplanes will get designed with disabled people in mind.

  • The bathrooms in all public locations and waiting rooms must get wheelchair accessible.

  • In addition, all elevators must have Braille and sound symbols (lifts).

In the case of Jeeja Gosh and Anr. V. Union of India, the Hon'ble Supreme Court of India held that rights provided by the Act of 1995 uphold the human dignity and the equal rights of the disabled people. Thus, any discrimination will be violative of this Act as well as Article 21 of the Indian Constitution.


Research and Manpower Development

Universities, other institutions of higher learning, professional bodies, and non-government research units or institutions will get financial aid to do research in the areas of special education, rehabilitation, and workforce development.


Social Security

  • Financial aid to non-profit groups that work to rehabilitate disabled people.

  • Disability insurance coverage for government employees with disabilities.

  • Unemployment benefits for people with impairments who have been registered with the special employment market for more than a year and have been unable to find work.

Grievance Redressal

People with disabilities may file a complaint with the

  • Chief Commissioner for Persons with Disabilities in the Centre

  • Commissioner for Persons with Disabilities in the State, if their rights are violated under this act

People with disabilities face a lot of struggles in their lives. Along with the government, it’s also our duty to make them feel safe, wanted, and loved. Disability can have an impact on not only one's natural way of life but also on one's strength and power. Additional social security plans for disabled people should be launched by the government, as well as more job opportunities for them. As a result, several programs and benefits conferences for handicapped people have emerged as a source of relief, successfully serving to provide equal chances to the disabled.


For a more detailed understanding, refer to the" Jeeja Ghosh & Anr. v. Union of India & Ors." case study by clicking the case below.



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