Abstract

Individuals with physical or intellectual discrepancies in all sections of the world are considered to be of lower nature, they are seen as objects of charity and welfare. While it has been observed that despite the physical, mental or sensory deficiencies, these people are the owners of some kind of amazing (supernatural) talent and qualities (God Gifted). There are many instances where these people have proved themselves in many areas of life by intellectual or positive attitude, such as in the field of art, fine art etc. Due to increasing discrimination against these people, due to inferiority, inequality, human rights for their disabled persons and their enforcement have become the main topic of discussion around the world. This article wants to focus attention on whether the Centre has such schemes that reduce the diversity towards the disabled people? Do we have a career coaching program that provides a safe, convenient, rewarding and accessible environment for people with disabilities, which is essential for their respect to human dignity? This article is briefly related to those major laws and their enforcement which has been enacted to protect the rights of disabled people.

A new round in the era of disability

There was a time when disabled persons were not included in the census of India’s population. PWD was kept out of the census population till the 1980s. In the 1981 census, 3 types of disability were included. And the disabled cadre of the 1991 census was completely abandoned. After a long battle, disability was included in the 2001 census, which resulted in not being able to get accurate statistics due to minimum awareness and training and mathematicians found that 2.1% of the population was PWD. Although in the census of 2001, only 5 categories of disability were included, many disabled categories, including mental and intellectual handicapped people were kept out completely. In the census of 2011, it was found that 26.8% of people in India suffer from various types of disability and this is 2.1% of the population. Out of the total disability in the country, 14.9 million are men and 11.8 million are women. In rural areas, 18.6 million are disabled, whereas in urban areas, 8.2 million are disabled.

Disability rights movement in India is more than four decades old. In the beginning of 1970, persons with disabilities had demanded rights for themselves. However, their movement did not catch momentum because they lacked integration. In the 1980s, various organizations came together with same intention, representing the interests of incompetent people. In this decade the Disability Rights Movement got momentum and after the many protests the government passed “The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”. As a result, people with disabilities have got a place in government services, educational institutions etc. This act came to be known as the beginning of a new era for disabled persons. But due to some of its deficiencies and the lack of implementation it failed to achieve its goals.

The Current Decade and the new Disability Act

In order to ensure all the rights of persons with disabilities, the United Nation convened a conference on the Rights of Persons with Disabilities in 2006, during which UNCRPD included 50 articles of different aspects of disability related issues, which was reaffirmed by the 160 member states including India in the year 2007.

UNCRPD is based on eight principals:

1. Non-discriminatory treatment of persons with disabilities
2. Full participation and involvement of persons with disabilities in society
3. Freedom of persons with disabilities and disabled persons towards their inherent dignity and personal autonomy
4. Respect for the difference and acceptance of persons with disabilities as part of humanity and diversity
5. Equality of opportunity
6. Accessibility
7. Equality between man and woman
8. Respect for the rights of special children for the development and identification of children with disabilities.

Keeping in view the principles of the United Nations Conference 2006, a new Act was passed while making necessary amendments in the provisions of the Act 1995. The right of the person with disability, Act of 2016 received the pronunciation of the President on December 27, 2016 and was published in the Official Gazette on 28 December 2016, which came into effect from 15 June 2017. Section 102 of this Act speaks of cancellation of comprehensive law in that it means that the Act of 1995, the persons with disability (equal opportunity, protection of rights and full participation) The proposal of this Act clearly states that its purpose is to maintain the dignity of every person in the society and prevent any kind of discrimination. It speaks about the acceptance of people with any type of disability and ensures their full participation in such persons and society. Since India is the signatory of the Conference on the rights of people with disabilities of the United Nations General Assembly, such a domestic law for India was in fact mandatory.

Key Features of Disability Act

1. Classification of persons with disabilities-

• persons with disability
• persons with benchmark disability
• persons with disability having high support needs

2. Contrary to the definition of the person with disability provided by the Act 1995, under this Act, a complete definition has been provided including 21 types of specific disability.
3. Most of the liability under this Act has been put on appropriate government and local authorities. With this (some private sector) establishments, some obligations have also been imposed.
4. Act 2016 prohibits discrimination against persons with disabilities unless it can be shown that the act of discrimination was a proportional means of obtaining legitimate objectives.
5. The government is entitled to facilitate the rights of disabled people. Therefore, it is the duty of the government to make necessary laws, rules and plans and strictly enforce them for the convenience of the disabled people; the onus has been placed on the government. The government is required to secure the rights of the disabled person towards equality, dignity and respect as normal people get; Do not discriminate against the right of personal liberty; The right to live in a community; Right to safety and security in situations of risk, armed conflict, human emergency, natural disasters etc.; Access to materials related to polling stations and electoral processes; The right to access judicial or semi-judicial or investigative powers without any court, tribunal, authority, commission or body; Ownership or successor of property (movable or immovable); The right to access one’s own financial matters and other forms of bank loans, mortgages and financial credits; The right to obstruct free access to health care institutions and centres; The right to attain cultural life and participate in recreational activities and sports activities etc.
6. All establishments (including the private sector) need to frame and publish the same opportunity policy.
7. Additional benefits such as rights for free education (between the ages of 6 to 18 years), reservation in education, government jobs, land allocation, poverty alleviation schemes etc. have been made available to people with benchmark disability.
8. Reservations in Government vacancies Establishments have been increased from 3% to 4% for the persons with disability.
9. In order to ensure speedy trial, provision of special courts has been made in each district to handle matters related to violation of rights of persons with disabilities.

New disability law affects the principles of the United Nations Conference on the basis of persons with disabilities. Disability Law 2016 protect disabled persons from various forms of discrimination, Increases their effective participation and inclusion in the society and ensures equality of opportunity and adequate accessibility.

Ref: https://blog.ipleaders.in/disability-laws-in-india/

Ref: https://lawsikho.com/course/diploma-industrial-labour-laws