Persons with Disabilities Act, 1995

Introudction

“The Persons with Disabilities (Equal Opportunities, Protection of Rights

and Full Participation) Act, 1995” has come into enforcement on February 7,

1996. This law is an important landmark and is a significant step in the direction

to ensure equal opportunities for people with disabilities and their full

participation in the nation building. The Act provides for both preventive and

promotional aspects of rehabilitation like education, employment and

vocational training, reservation, research and manpower development,

creation of barrier-free environment, rehabilitation of persons with disability,

unemployment and establishment of homes for persons with severe disability,

etc.

This booklet aims at wider dissemination of the rights conferred upon by

the Act.

Rehabilitation

Main Provisions of the Act

— Prevention and Early Detection of Disabilities.

— Education.

— Employment.

— Non-discrimination.

— Research and Manpower Development.

— Affirmative Action.

— Social Security.

— Grievance Redressal.

Prevention and Early Detection of Disabilities

— Surveys, investigations and research shall be conducted to ascertain

the cause of occurrence of disabilities.

— Various measures shall be taken to prevent disabilities. Staff at the

Primary Health Centre shall be trained to assist in this work.

— All the children shall be screened once in a year for identifying

“at-risk” cases.

— Awareness campaigns shall be launched and sponsored to disseminate

information.

— Measures shall be taken for pre-natal, perinatal, and post-natal care

of the mother and child.

Education

— 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.

— Non-formal education shall be promoted for children with disabilities.

— Teachers Training Institutions shall be established to develop requisite

manpower.

— Parents may move to appropriate fora for the redressal of grievances

regarding the placement of their children with disabilities.

Employment

— Three percent of vacancies in government employment shall be reserved

for people with disabilities, one percent each for persons suffering from:

— Blindness or Low Vision

— Hearing Impairment

— Locomotor Disabilities & Cerebral Plasy

— Suitable scheme shall be formulated for

— The training and welfare of persons with disabilities.

— The relaxation of upper age limit.

— Regulating the employment.

— Health and safety measures and creation of a nonhandicapping.

— Environment in places where persons with disabilities are

employed.

— Government Educational Institutes and other Educational Institutes

receiving grant from Government shall reserve at least three percent seats

for people with disabilities.

— 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 people with disabilities.

— Allotment of land shall be made at concessional rates to the people with

disabilities for:

— House

— Business

— Special recreational centres

— Special schools

— Research schools

— Factories by enterpreneurs with disabilitity

Non-discrimination

— Public building, rail compartments, buses, ships and aircrafts will be

designed to give easy access to disabled people.

— In all public places and in waiting rooms, toilets shall be wheel chair

accessible. Braille and sound symbols are also to be provided in lifts.

— All the places of public utility shall be made barrier-free by providing

ramps.

Research and Manpower Development

— Research in the following areas shall be sponsored and promoted:

— Prevention of Disability.

— Rehabilitation including CBR.

— Development of Assistive Devices.

— Job Identification.

— On Site Modifications of Offices and Factories.

— Financial assistance shall be made available to the universities, other

institutions of higher learning, professional bodies and nongovernment research units or institutions, for undertaking research

for special education, rehabilitation and manpower development.

Social Security

— Financial assistance to non-government organisation for rehabilitation

of persons with disabilities.

— Insurance coverage for the benefit of the government employees with

disabilities

— Unemployment allowance to people with disabilities registered with

the special employment exchange for more than a year and who could

not be placed in any gainful occupation.

Grievance Redressal

— In case of violation of rights as prescribed in the act people with

disabilities may move an application to :

— Chief Commissioner for Persons with Disabilities in the Centre

— Commissioner for Persons with Disabilities in the States.

For further details contact

Dr. (Mrs.) Uma Tuli

Chief Commissioner for Persons with Disabilities

G-31, Sector 39

Noida -123001

Phone- 91-4500282, 4570456

Deputy Chief Commissioner

G-31, Sector 39

Noida -123001

Phone- 91-4500282, 4570456