Disability: Laws and Policies in India

SUBMITTED BY - MAHIMA MAHESH [ Author ] , ANSHUMAN MISHRA [ Co- Author ]

BATCH - 2022 – 2027

INTRODUCTION

Disability is a multifaceted concept that encompasses physical, sensory, cognitive, and mental
health impairments, affecting individuals' functioning and participation in society. It is not solely
a medical issue but also a social construct shaped by environmental and attitudinal barriers.
Understanding disability requires a holistic approach that considers both the individual and the
broader societal context.
At the individual level, disability is often described in terms of impairment, activity limitation,
and participation restriction, as outlined in the World Health Organization's International
Classification of Functioning, Disability, and Health (ICF). Impairment refers to a deviation
from the norm in body structure or function, such as loss of vision or mobility. Activity
limitation refers to difficulties an individual may have in executing tasks or actions, like walking
or reading. Participation restriction refers to problems an individual may face in involvement in
life situations, such as attending school or participating in social activities.
It's important to recognize that disability is not solely determined by a person's physical or
mental condition but is also influenced by external factors. These can include inaccessible
environments, discriminatory attitudes, and lack of accommodations. The social model of
disability highlights this perspective, suggesting that it is society's failure to accommodate and
include individuals with impairments that creates disability, rather than the impairments
themselves.
Historically, disability has often been stigmatized, leading to exclusion, discrimination, and
marginalization. However, there has been a shift towards a more inclusive and rights-based
approach, embodied in the United Nations Convention on the Rights of Persons with Disabilities
(CRPD). The CRPD recognizes disability as a human rights issue and calls for the full inclusion
and participation of people with disabilities in all aspects of society.
In recent years, there has been increasing recognition of the diversity within the disability
community. Disability intersects with other aspects of identity, such as race, gender, sexuality,
and socioeconomic status, leading to unique experiences and challenges for different groups.
This intersectional perspective highlights the need for approaches to disability that are inclusive
and responsive to the diverse needs and experiences of individuals.
Efforts to promote inclusion and accessibility have led to advancements in assistive technology,
accessible design, and policy frameworks that protect the rights of people with disabilities.
However, many challenges remain, including barriers to education, employment, healthcare, and
social participation.
In conclusion, disability is a complex and multifaceted concept that requires a nuanced
understanding. It is not simply a medical issue but is shaped by social, environmental, and
attitudinal factors. Approaches to disability that are inclusive, rights-based, and responsive to
diversity are essential for promoting full participation and inclusion for people with disabilities
in society.

CONDITIONS OF DISABLED PEOPLE IN INDIA

In India, disabled individuals face a myriad of challenges, stemming from societal attitudes,
inadequate infrastructure, and limited access to resources. Despite efforts to promote inclusion
and accessibility, many barriers persist, hindering the full participation of disabled people in
various aspects of life. Understanding the context of disability in India requires exploring its
historical, cultural, and socio-economic dimensions.
Historically, disabled individuals in India have often been marginalized and stigmatized, viewed
through a lens of superstition and myth. Disability was often associated with karma or fate,
leading to social exclusion and discrimination. This perception has gradually evolved, but
remnants of these beliefs still persist in some parts of the country, impacting the lives of disabled
people.

Culturally, India has a rich tapestry of beliefs and practices that influence attitudes towards
disability. While many cultural narratives emphasize compassion and empathy towards the
disabled, there are also instances where disability is seen as a punishment for past wrongdoings.
These contrasting narratives contribute to a complex understanding of disability in Indian
society.
Socio-economic factors play a significant role in shaping the experiences of disabled individuals
in India. Poverty and lack of access to healthcare are significant challenges, particularly in rural
areas. Many disabled people struggle to afford medical treatment, assistive devices, or even basic
necessities. This economic disparity exacerbates the difficulties faced by disabled individuals,
limiting their opportunities for education, employment, and social participation.
Education is a critical area where disabled individuals in India face significant challenges. While
efforts have been made to promote inclusive education, many schools lack the necessary
infrastructure and trained staff to support disabled students. This often leads to exclusion and
segregation, denying disabled children the right to quality education and limiting their future
prospects.
Employment is another area where disabled individuals in India encounter obstacles. Despite
legal provisions mandating a certain percentage of jobs reserved for disabled people in the public
and private sectors, implementation remains a challenge. Many employers are reluctant to hire
disabled individuals due to misconceptions about their abilities and the perceived cost of
accommodations.
Accessibility is a key issue for disabled individuals in India, with many public spaces and
buildings lacking ramps, elevators, and other necessary facilities. This lack of accessibility not
only limits the mobility of disabled individuals but also reinforces their exclusion from various
aspects of society.
Social attitudes and perceptions towards disability also pose significant challenges. While there
is a growing awareness about disability rights in India, many disabled individuals still face
stigma and discrimination in their daily lives. This can lead to social isolation and a lack of
opportunities for meaningful social interaction.
In recent years, there have been positive developments towards improving the lives of disabled
individuals in India. The Rights of Persons with Disabilities Act, 2016, for example, aims to
protect and promote the rights of disabled people in various areas, including education,
employment, and accessibility. However, implementation of these laws remains a challenge, and
more efforts are needed to ensure their effective enforcement.
In conclusion, disabled individuals in India face a range of challenges, including societal
attitudes, inadequate infrastructure, and limited access to resources. Addressing these challenges
requires a multi-faceted approach that includes legal reforms, awareness campaigns, and efforts
to improve accessibility and inclusion. By working towards a more inclusive society, India can
ensure that disabled individuals have equal opportunities to participate and contribute to the
nation's development.

GOVERNMENT SCHEMES FOR DISABLED PEOPLE IN

INDIA:

India has several government schemes aimed at empowering and supporting disabled
individuals. These schemes cover a wide range of areas including education, healthcare,
employment, and social security. Here, we will discuss some of the key schemes implemented by
the Government of India for the welfare of disabled people.

1. National Programme for the Health Care of the Elderly (NPHCE):

The National Programme for the Health Care of the Elderly (NPHCE) is a comprehensive
healthcare initiative launched by the Government of India to address the healthcare needs of the
elderly population in the country. It was launched in 2010 under the Ministry of Health and
Family Welfare, with the aim of providing accessible, affordable, and high-quality healthcare
services to the elderly.

India is witnessing a demographic transition with an increasing proportion of the population

entering the elderly age group. The NPHCE recognizes the unique healthcare challenges faced
by the elderly, including age-related chronic diseases, disabilities, mental health issues, and
social isolation. The programme seeks to address these challenges through a multi-dimensional
approach that includes health promotion, preventive healthcare, and curative services.

One of the key objectives of the NPHCE is to provide accessible and affordable healthcare
services to the elderly population. The programme aims to achieve this by strengthening the
existing healthcare infrastructure, including primary health centers, community health centers,
and district hospitals. Specialized geriatric care services are being developed at select public
health facilities to provide comprehensive healthcare to the elderly.
Health promotion and preventive healthcare are important components of the NPHCE. The
programme focuses on raising awareness about healthy aging practices and preventive measures
for common geriatric conditions. Screening and early detection of age-related health problems
are also emphasized to ensure timely intervention and management.
The NPHCE also aims to improve the quality of life of the elderly population through
rehabilitative services and social support. Community-based rehabilitation services are being
developed to provide physical therapy, assistive devices, and other supportive services to elderly
individuals with disabilities. The programme also encourages the involvement of family
members and community volunteers in providing care and support to the elderly.
Mental health is another important focus area of the NPHCE. The programme aims to raise
awareness about mental health issues among the elderly and improve access to mental health
services. Counseling services, support groups, and other psychosocial interventions are being
promoted to address the mental health needs of the elderly population.
The NPHCE also emphasizes the importance of research and training in the field of geriatric
healthcare. The programme supports research initiatives aimed at understanding the health needs
and challenges of the elderly population. Training programs are being conducted for healthcare
professionals to enhance their skills in geriatric care.

In conclusion, the National Programme for the Health Care of the Elderly (NPHCE) is a
significant initiative by the Government of India to address the healthcare needs of the elderly
population. By focusing on health promotion, preventive healthcare, and curative services, the
programme aims to improve the quality of life of the elderly and ensure their well-being in their
golden years.

2. Rashtriya Vayoshri Yojana, Launched in 2017

The Rashtriya Vayoshri Yojana (RVY) is a welfare scheme launched by the Government of
India in 2017, aimed at providing senior citizens living below the poverty line with physical aids
and assisted-living devices to help improve their quality of life and facilitate their mobility. The
scheme was introduced to address the challenges faced by the elderly in accessing such devices,
which are often expensive and unaffordable for those with limited financial resources.
One of the key objectives of the Rashtriya Vayoshri Yojana is to enable senior citizens to lead a
dignified and independent life by providing them with assistive devices that can enhance their
mobility and enable them to perform daily activities with greater ease. The scheme also seeks to
promote active aging by empowering elderly individuals to remain socially and economically
engaged in their communities.
Under the RVY, eligible beneficiaries are provided with a range of physical aids and assisted-
living devices, including walking sticks, wheelchairs, hearing aids, spectacles, and dentures,
among others. These devices are distributed free of cost to beneficiaries identified through a
screening process conducted at the district level.
The implementation of the Rashtriya Vayoshri Yojana is overseen by the Ministry of Social
Justice and Empowerment, which works in collaboration with state governments, local
authorities, and non-governmental organizations (NGOs) to identify beneficiaries and distribute
assistive devices. The scheme is implemented in a phased manner, with camps organized in
different locations to reach out to elderly individuals in need of assistance.
To be eligible for benefits under the RVY, individuals must be above the age of 60 years and
below the poverty line as defined by the government. Priority is given to senior citizens who are
suffering from age-related disabilities and are unable to afford the assistive devices on their own.
Beneficiaries are selected through a screening process conducted by a team of medical experts to
assess their eligibility and the type of assistance required.
Since its launch, the Rashtriya Vayoshri Yojana has benefitted thousands of elderly individuals
across the country, providing them with much-needed support and assistance to improve their
quality of life. The scheme has been widely praised for its efforts to address the needs of the
elderly population and enhance their well-being, thereby reflecting the government's
commitment to promoting the welfare of senior citizens in India.

3. Assistance to Disabled Persons for Purchase / Fitting of Aids and

Appliances (ADIP):
The Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP) scheme
is a flagship program by the Government of India aimed at enhancing the quality of life of
persons with disabilities. Launched by the Ministry of Social Justice and Empowerment, this
scheme provides financial assistance to individuals with disabilities to procure aids and
appliances that help them overcome their challenges and lead more independent lives.
The ADIP scheme covers a wide range of disabilities, including visual, hearing, orthopedic, and
intellectual disabilities, among others. The aids and appliances provided under this scheme
include wheelchairs, hearing aids, artificial limbs, crutches, braille kits, and other assistive
devices. These aids and appliances are crucial for persons with disabilities as they help improve
their mobility, communication, and overall quality of life.
One of the key features of the ADIP scheme is its focus on affordability and accessibility. The
scheme provides financial assistance to individuals with disabilities to purchase aids and
appliances at subsidized rates. This makes these devices more affordable for people who may
otherwise not be able to afford them. Additionally, the scheme aims to make these aids and
appliances easily accessible to individuals with disabilities by setting up distribution centers
across the country.
Another important aspect of the ADIP scheme is its emphasis on customize ability. The scheme
recognizes that each person's disability is unique and that their needs may vary. Therefore, the
scheme allows individuals to choose aids and appliances that best suit their specific needs and
requirements. This ensures that the devices provided are not only effective but also comfortable
and easy to use.
The ADIP scheme also promotes awareness about disability issues and the importance of
assistive devices. Through various outreach activities, the scheme aims to educate the public
about the challenges faced by persons with disabilities and the role that aids and appliances play
in improving their lives. This helps reduce stigma and discrimination against persons with
disabilities and promotes a more inclusive society.
Overall, the Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP)
scheme is a crucial initiative that has a significant impact on the lives of persons with disabilities
in India. By providing financial assistance to procure aids and appliances, the scheme enables
persons with disabilities to lead more independent, dignified, and fulfilling lives.
4. Scheme for Implementation of Persons with Disabilities Act (SIPDA)

The Scheme for Implementation of Persons with Disabilities Act (SIPDA) is a comprehensive
framework designed to ensure the effective implementation of the Rights of Persons with
Disabilities Act, 2016. This scheme aims to empower persons with disabilities (PWDs) by
enhancing their access to education, employment, healthcare, and other essential services, as well
as promoting their inclusion and participation in society.
One of the key objectives of SIPDA is to create a barrier-free environment for PWDs. This
includes ensuring accessibility to public buildings, transportation, and information and
communication technologies. To achieve this, the scheme emphasizes the need for infrastructure
modifications, such as ramps, elevators, and accessible toilets, as well as the development of
accessible formats for information dissemination.
Another important aspect of SIPDA is the promotion of inclusive education. The scheme
advocates for the mainstreaming of PWDs into regular schools and the provision of necessary
support services and assistive devices. This not only ensures equal access to education but also
helps in the overall development and integration of PWDs into society.
Employment is also a key focus area of SIPDA. The scheme encourages the private and public
sectors to create job opportunities for PWDs and provides incentives for their recruitment and
retention. It also emphasizes skill development and vocational training to enhance the
employability of PWDs.
Healthcare and rehabilitation services are critical components of SIPDA. The scheme aims to
improve access to quality healthcare services for PWDs, including early detection and
intervention programs. It also focuses on providing assistive devices and rehabilitation services
to enhance the independence and mobility of PWDs.
In order to ensure the effective implementation of SIPDA, the scheme emphasizes the need for
coordination among various stakeholders, including government agencies, civil society
organizations, and the private sector. It also calls for the establishment of monitoring
mechanisms to track progress and address any challenges that may arise.
Overall, SIPDA is a crucial step towards creating a more inclusive and equitable society for
PWDs. By addressing the barriers they face in accessing education, employment, healthcare, and
other services, the scheme aims to empower PWDs and enable them to lead fulfilling and
independent lives.

5. Accessible India Campaign (Sugamya Bharat Abhiyan):

The Accessible India Campaign, also known as the Sugamya Bharat Abhiyan, is a flagship
program launched by the Government of India in December 2015. The campaign aims to make
buildings, public transportation, and information and communication technology (ICT)
accessible to people with disabilities.
One of the key goals of the Accessible India Campaign is to create an inclusive society where
people with disabilities can live independently and participate fully in all aspects of life. To
achieve this, the campaign focuses on improving physical accessibility, enhancing the
availability of accessible transportation, and promoting the use of ICT for the empowerment of
people with disabilities.
Physical accessibility is a major focus of the campaign, with the aim of making public buildings,
schools, hospitals, and other facilities accessible to people with disabilities. This includes
providing ramps, handrails, accessible toilets, and other facilities that make it easier for people
with disabilities to navigate and use these spaces.
The campaign also seeks to improve the availability of accessible transportation for people with
disabilities. This includes making public transportation systems such as buses, trains, and metro
systems accessible, as well as ensuring that there are adequate facilities for people with
disabilities to park their vehicles.
In addition to physical accessibility, the Accessible India Campaign also focuses on enhancing
the use of ICT to empower people with disabilities. This includes developing accessible websites
and mobile applications, as well as promoting the use of assistive technologies that help people
with disabilities access information and communicate more effectively.
The campaign has set specific targets to be achieved by 2022, including making at least 50% of
all government buildings in the national capital and all state capitals fully accessible to people
with disabilities. It also aims to make at least 50% of all public transportation vehicles in these
cities accessible, and to ensure that all government websites are accessible to people with
disabilities.
To achieve these targets, the Accessible India Campaign has established an extensive monitoring
and evaluation framework. This includes the appointment of nodal officers at the central and
state levels to oversee the implementation of the campaign, as well as the creation of a web
portal where people can report accessibility issues and track the progress of the campaign.
Overall, the Accessible India Campaign is a crucial step towards creating a more inclusive
society in India. By improving physical accessibility, enhancing the availability of accessible
transportation, and promoting the use of ICT, the campaign is helping to ensure that people with
disabilities can fully participate in and contribute to the development of the country.

6. National Scholarship Scheme for Persons with Disabilities:

The National Scholarship Scheme for Persons with Disabilities (NSSPWD) is a crucial initiative
by the Government of India aimed at promoting education among people with disabilities.
Launched in 2008, the scheme provides financial assistance to students with disabilities to enable
them to pursue higher education and enhance their employeability prospects. This scholarship is
part of the government's broader efforts to empower persons with disabilities and ensure their
inclusive growth and development.
One of the key objectives of the NSSPWD is to provide equal opportunities for education to
students with disabilities. By offering financial support, the scheme aims to alleviate the
financial burden on students and their families, enabling them to focus on their studies without
worrying about the costs associated with higher education. This, in turn, helps in creating a level
playing field for students with disabilities, enabling them to compete on an equal footing with
their peers.
The scheme covers a wide range of disabilities, including visual impairment, hearing
impairment, locomotor disability, cerebral palsy, autism, and multiple disabilities. It provides
scholarships for pursuing various courses at the post-matriculation and post-secondary stages,
including professional courses such as engineering, medical, and management.
Under the NSSPWD, financial assistance is provided for tuition fees, maintenance allowance,
and other incidental expenses. The amount of scholarship varies depending on the level of
education and the type of disability. For students pursuing professional courses, the scholarship
amount is higher to cover the additional expenses associated with such courses.
To be eligible for the scholarship, applicants must be Indian citizens with a minimum of 40%
disability certified by a medical authority. They must also be pursuing a course recognized by a
competent authority and have an annual family income below a specified threshold.
Additionally, students should not be receiving any other scholarship or financial assistance for
the same purpose.
The application process for the NSSPWD is online, making it convenient for students to apply
from anywhere. Applicants are required to submit their disability certificate, income certificate,
and other relevant documents along with their application. The selection process is transparent,
with scholarships being awarded based on merit and the recommendations of a selection
committee.
The NSSPWD has had a significant impact on the lives of students with disabilities. By
providing financial assistance, it has helped many students pursue higher education and achieve
their academic goals. Moreover, it has raised awareness about the needs and capabilities of
persons with disabilities, fostering a more inclusive society.
In conclusion, the National Scholarship Scheme for Persons with Disabilities is a commendable
initiative that has made a positive impact on the lives of students with disabilities. By providing
financial assistance and promoting education, the scheme is not only empowering individuals but
also contributing to the overall development of the country. It underscores the government's
commitment to ensuring equal opportunities for all, regardless of their abilities.

7. National Handicapped Finance and Development Corporation (NHFDC):

The National Handicapped Finance and Development Corporation (NHFDC) is a government-
owned organization in India that aims to empower persons with disabilities by providing them
with financial assistance and support for their overall development. Established in January 1997
under the Companies Act, 1956, the NHFDC operates under the Ministry of Social Justice and
Empowerment, Government of India.
The primary objective of the NHFDC is to promote economic and development activities for the
benefit of persons with disabilities. It provides financial assistance through various loan schemes,
scholarships, and other support programs to enable persons with disabilities to pursue education,
training, self-employment, and entrepreneurship opportunities.
One of the key initiatives of the NHFDC is its loan schemes, which aim to provide financial
assistance to persons with disabilities for setting up small businesses or self-employment
ventures. The Corporation offers loans at concessional rates of interest and with flexible
repayment options to ensure that persons with disabilities have access to the capital they need to
start their own businesses and become financially independent.
In addition to its loan schemes, the NHFDC also provides scholarships to students with
disabilities to help them pursue higher education and vocational training. These scholarships
cover a wide range of educational and training courses and are designed to support students with
disabilities in their academic and professional pursuits.
The NHFDC also works closely with other government agencies, non-governmental
organizations, and disability rights organizations to promote the rights and welfare of persons
with disabilities. It undertakes various awareness and advocacy programs to highlight the issues
faced by persons with disabilities and to promote their inclusion and participation in society.
One of the key strengths of the NHFDC is its wide reach and network across India. The
Corporation has a presence in all states and union territories of India through its regional offices,
which enables it to effectively reach out to persons with disabilities across the country and
provide them with the support they need.
Overall, the NHFDC plays a crucial role in promoting the socio-economic development of
persons with disabilities in India. By providing them with financial assistance, scholarships, and
support services, the Corporation empowers persons with disabilities to live independent and
dignified lives and contributes to their overall well-being and inclusion in society.
8. Deendayal Disabled Rehabilitation Scheme (DDRS):
The Deendayal Disabled Rehabilitation Scheme (DDRS) is a flagship initiative by the
Government of India aimed at promoting the holistic development and empowerment of persons
with disabilities (PWDs). Launched in 2003-04, the scheme seeks to provide various forms of
assistance to PWDs for their rehabilitation and economic empowerment.
One of the key objectives of DDRS is to create an enabling environment to ensure equal
opportunities, equity, social justice, and empowerment of PWDs. To achieve this, the scheme
provides financial assistance to NGOs, voluntary organizations, and other stakeholders for
implementing various projects and programs for the welfare of PWDs.
Under DDRS, financial assistance is provided for infrastructure development, capacity building,
and other support services for the benefit of PWDs. This includes setting up special schools,
vocational training centers, and rehabilitation centers for PWDs. The scheme also supports the
provision of assistive devices and aids such as wheelchairs, hearing aids, and prosthetic limbs to
enhance the mobility and functional independence of PWDs.
In addition to this, DDRS focuses on the economic empowerment of PWDs by providing them
with skill development training and promoting self-employment opportunities. Financial
assistance is provided for setting up self-employment ventures, micro-enterprises, and small
businesses owned and operated by PWDs.
Another important aspect of DDRS is the provision of barrier-free access and inclusive
development. The scheme emphasizes the need for accessible infrastructure, public buildings,
transport facilities, and information and communication technologies to ensure the full
participation and inclusion of PWDs in all aspects of life.
DDRS also recognizes the role of caregivers and families of PWDs in their rehabilitation and
empowerment. The scheme provides support for training and capacity building of caregivers and
families to enable them to provide better care and support to PWDs.
To ensure effective implementation of the scheme, DDRS emphasizes the importance of
monitoring and evaluation. Regular monitoring and review of the projects and programs under
DDRS are carried out to assess their impact and make necessary improvements.
Overall, the Deendayal Disabled Rehabilitation Scheme (DDRS) is a comprehensive initiative
that aims to address the diverse needs of persons with disabilities and promote their inclusion
and empowerment in society. Through its various components and interventions, DDRS plays a
crucial role in enhancing the quality of life and promoting the rights of PWDs in India.

9. Scheme for Implementation of the Persons with Disabilities (Equal

Opportunities, Protection of Rights and Full Participation) Act, 1995

(SIPDA):
The Scheme for Implementation of the Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995 (SIPDA) is a comprehensive framework designed to
ensure the effective implementation of the rights and provisions outlined in the Act. The Act
aims to promote the full participation of persons with disabilities in society by guaranteeing
equal opportunities, protection of rights, and access to resources and services. SIPDA provides a
roadmap for various stakeholders, including government agencies, non-governmental
organizations (NGOs), and civil society, to work together to achieve these objectives.

The key components of SIPDA include:

1. Awareness and Sensitization - One of the primary goals of SIPDA is to raise awareness about
the rights and needs of persons with disabilities among the general public, government officials,
and other stakeholders. This is achieved through campaigns, workshops, and training programs.

2. Capacity Building: SIPDA focuses on building the capacity of various organizations and
institutions to effectively address the needs of persons with disabilities. This includes training
programs for teachers, healthcare professionals, and employers on how to provide inclusive
services and accommodations.
3. Accessibility : Ensuring accessibility is a major focus of SIPDA. This includes making public
buildings, transportation, information, and communication technologies accessible to persons
with disabilities. The scheme also promotes the development of assistive devices and
technologies.
4. Legal Aid and Advocacy: SIPDA supports efforts to provide legal aid to persons with
disabilities and their families to help them understand their rights and seek redressal in case of
discrimination or violation of rights. It also promotes advocacy initiatives to bring about policy
changes and reforms.
5. Employment and Livelihood : SIPDA aims to enhance employment opportunities for persons
with disabilities by promoting inclusive hiring practices and providing skill development and
entrepreneurship training. It also supports initiatives to create accessible work environments.
6. Healthcare and Rehabilitation The scheme emphasizes the importance of providing accessible
healthcare services and rehabilitation facilities to persons with disabilities. This includes
promoting early intervention programs and ensuring access to affordable healthcare.
7. Social Security SIPDA advocates for the inclusion of persons with disabilities in social
security schemes and programs to ensure they have access to financial assistance and support.
8. Monitoring and Evaluation: SIPDA includes provisions for monitoring and evaluating the
implementation of the Act to assess progress and identify areas for improvement. This includes
setting up monitoring committees at the national, state, and district levels.

In conclusion, SIPDA is a comprehensive scheme that aims to ensure the effective

implementation of the Persons with Disabilities Act, 1995. By focusing on awareness, capacity
building, accessibility, legal aid, employment, healthcare, social security, and monitoring,
SIPDA seeks to promote the full participation and inclusion of persons with disabilities in
society.The government of India has implemented several schemes and programs to empower
and support disabled individuals. These schemes cover a wide range of areas and aim to provide
disabled persons with equal opportunities and ensure their full participation in society. However,
there is still a long way to go in ensuring the full inclusion and empowerment of disabled
individuals in India.
LAWS AND POLICIES IN INDIA

Disability laws in India aim to protect the rights and ensure the inclusion of individuals with
disabilities in various aspects of society. These laws, such as the Rights of Persons with
Disabilities Act, 2016 and the Mental Healthcare Act, 2017, align with the UN Convention on
the Rights of Persons with Disabilities (Kumalasari, 2017). They provide provisions for equal
opportunities, accessibility, non-discrimination, and the right to healthcare and treatment for
individuals with disabilities. These laws also emphasize the importance of inclusive education
and employment opportunities for people with disabilities. Overall, the disability laws in India
strive to create a more inclusive and barrier-free environment for individuals with disabilities,
promoting their rights and equal participation in society. Disability laws in India, such as the
Rights of Persons with Disabilities Act, 2016 and the Mental Healthcare Act, 2017, aim to
protect and promote the rights of individuals with disabilities.These laws provide provisions for
equal opportunities, accessibility, non-discrimination, and the right to healthcare and treatment
for individuals with disabilities. In addition, the laws emphasize the importance of inclusive
education and employment opportunities for people with disabilities. Additionally, the disability
laws in India recognize the diverse nature of disabilities, including physical, intellectual, mental,
and sensory limitations. They aim to ensure that individuals with disabilities can fully and
effectively participate in society on an equal basis with others. These laws also establish the
importance of creating a barrier-free environment and promoting universal accessibility for
individuals with disabilities. Furthermore, the Mental Healthcare Act of 2017 specifically
addresses the rights of individuals with mental illness, emphasizing their right to access mental
healthcare and treatment. These laws also decriminalize suicide attempts and allow individuals
with mental illness to make advance directives regarding their treatment. Disability laws in India,
such as the Rights of Persons with Disabilities Act, 2016 and the Mental Healthcare Act, 2017,
aim to align with the UN Convention on the Rights of Persons with Disabilities. These laws
provide legal protection and support for individuals with disabilities, ensuring their right to equal
opportunities, accessibility, non-discrimination, and healthcare.

 RIGHTS OF PEOPLE WITH DISABILITIES ACT,2016:

The Rights of Persons with Disabilities Act, 2016, is a landmark legislation in India aimed at
ensuring equal rights and opportunities for persons with disabilities (PWDs). The Act replaces
the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)
Act, 1995, and aligns with the United Nations Convention on the Rights of Persons with
Disabilities (UNCRPD), which India ratified in 2007.
The Act recognizes 21 categories of disabilities, including physical, sensory, intellectual, and
mental disabilities, and provides for various measures to enhance the quality of life for PWDs.
One of the key features of the Act is its focus on non-discrimination and equal opportunities. It
mandates that the government and private sector ensure that PWDs are not discriminated against
in areas such as employment, education, and access to public services.
The Act also emphasizes the need for inclusivity and accessibility. It requires the government to
take measures to make public buildings, transportation, and information and communication
technologies accessible to PWDs. This includes providing ramps, accessible toilets, and sign
language interpreters, among other things.
Another important aspect of the Act is the provision of reservations in education, employment,
and government schemes for PWDs. It mandates that government educational institutions reserve
seats for PWDs and provides for special schools and vocational training centers for PWDs.
The Act also seeks to protect the rights of PWDs in areas such as healthcare, voting, and legal
capacity. It prohibits the denial of healthcare services to PWDs and provides for the appointment
of guardians for those who are unable to make decisions for themselves.
Furthermore, the Act establishes a National Fund for Persons with Disabilities to provide
financial assistance to PWDs and organizations working for their welfare. It also sets up a
National Commission for Persons with Disabilities to oversee the implementation of the Act and
inquire into complaints of violation of rights.
Overall, the Rights of Persons with Disabilities Act, 2016, is a comprehensive legislation that
aims to promote the full and equal participation of PWDs in society. By recognizing their rights
and providing for affirmative action, the Act seeks to create a more inclusive and accessible
society for all.

 THE MENTAL HEALTHCARE ACT,2017:

This act applies to everyone, including disabled people. It specifically protects the rights of
people with mental illness, which can be a disability. Here are some of the key provisions of the
MHA 2017 for people with disabilities:
 Right to access mental healthcare: This includes access to facilities with rehabilitation
services in hospitals, communities, and even homes.
 Right to equality and non-discrimination: The Act prohibits discrimination against people
with mental illness on the grounds of their disability.
 Right to information: This includes the right to be informed about their condition, treatment
options, and available services.
 Right to confidentiality: The Act protects the privacy of people with mental illness and
ensures that their medical records are kept confidential Right to legal aid: The Act provides
free legal aid services to people with mental illness.
It's important to note that the MHA 2017 is a separate law from the Rights of Persons with
Disabilities Act of 2016, but they work together to ensure the rights of disabled people, including
those with mental illness.

POLICIES FOR DISABLED PEOPLE IN INDIA

India has made significant strides in recent decades towards creating a more inclusive society for
people with disabilities (PWDs). This progress is driven by a robust legal framework and a
growing number of policies aimed at ensuring equal opportunities and participation for this
diverse population.

The cornerstone of disability rights in India is the Rights of Persons with Disabilities Act, 2016
(RPWD Act). This landmark legislation replaced the Persons with Disabilities Act, 1995, and
offers a more comprehensive framework for:

 Identification and Certification of Disability: The RPWD Act establishes a framework for
issuing disability certificates based on a uniform assessment process. This ensures fair and
consistent identification of disabilities.
 Reservations: The Act mandates reservations in government jobs (4% for persons with
disabilities, with further sub-quotas for specific disabilities) and educational institutions (5%
for persons with disabilities, with sub-quotas for specific disabilities and categories).
 Accessibility: The Act mandates accessibility standards for built environment (buildings,
transportation), information and communication technology (ICT), and services.
 Social Security Measures: The RPWD Act provides for various social security benefits,
including scholarships, pensions, and assistive devices for PWDs.

Building on the RPWD Act, several key policies address specific needs of PWDs:
 Education: The Inclusive Education Policy (2017) emphasizes inclusive education for
children with disabilities through mainstreaming and providing special schools for those
who need them. Initiatives like the Saksham Scholarship Scheme offer financial support for
higher education.
 Employment: The Scheme for Promoting Self-employment of Persons with Disabilities
(SEED) provides loans and subsidies for entrepreneurship. The National Career Service
Portal offers job placements and skill development opportunities.
 Healthcare: The National Programme for Persons with Disabilities (NPHPD) provides free
medical checkups, treatment, and assistive devices. Schemes like Rashtriya Swasthya Bima
Yojana (RSBY) offer health insurance coverage for PWDs below the poverty line.
 Social Inclusion: Accessible India Campaign aims to create a barrier-free environment in
government buildings, transportation systems, and public spaces. The Accessible Indian
Sign Language Dictionary promotes communication with the deaf community.

CHALLENGES AND FUTURE OUTLOOK:

The legal framework on disability rights in India is commendable but there are some challenges
that need be addressed. For example, implementation these laws across such vast country like
India poses its own set difficulties due geographical distances involved coupled with socio-
cultural diversities prevalent among different regions thus making it quite complex for
government agencies charged responsibility enforcement these legislations reach out all corners
equally; this calls concerted efforts from both state actors civil society organizations working
hand-in-hand towards achieving this goal.
Furthermore changing societal attitudes,perceptions about capabilities contributions disabled
persons remains continuous process because there still exists certain negative beliefs regarding
what people living disabilities can cannot do them being considered less intelligent second-grade
citizens. Therefore eliminating misconceptions surrounding disabled individuals calls for
constant education advocacy campaigns aimed at promoting empowerment while making them
feel part society.
Finally empowerment of people with disabilities should not only rely on legal frameworks alone
but also involve change people’s mindset towards them as well. This is because often times laws
may be there protect their rights but if there no positive attitude shift from ordinary members
then such legislations will become ineffective thus making it necessary that we collectively
embrace this group persons within our communities.
To sum up, India’s legal system protects the rights of disabled people as an attempt to build a
society that includes everyone. The nation has made great efforts in this direction by enacting
laws on accessibility, non-discrimination and reasonable accommodation. But the process is not
over yet; all policy makers must work together with different organizations and individuals so
that no person’s right is violated basing on his/her ability. It would be possible to touch this
dream through combination between legislation with social transformations which embrace
every aspect of life in India.

REFERNCE CASES:
 Rajive Raturi vs. Union of India (1998):
This case addressed the issue of discrimination against persons with disabilities in employment.
The Supreme Court held that the denial of employment to a visually impaired person solely on
the basis of his disability was unconstitutional and violative of the right to equality guaranteed
under Article 14 of the Constitution of India.
 National Federation of the Blind vs. Union Public Service Commission
(2013):
In this case, the Supreme Court ruled that visually impaired candidates are entitled to a relaxation
of 10 years in the upper age limit for appearing in the Civil Services Examination conducted by
the Union Public Service Commission (UPSC). The court emphasized the importance of
providing equal opportunities to persons with disabilities in competitive examinations.
 Disabled Rights Group vs. Union of India (2017):
This case highlighted the lack of accessibility in public transportation for persons with
disabilities. The Delhi High Court directed the Delhi government and other concerned authorities
to ensure that all public buses are made accessible to persons with disabilities, including those
using wheelchairs, by installing ramps and other necessary infrastructure.
 Sampurna Behura vs. Union of India (2018):
In this case, the Supreme Court emphasized the importance of providing reasonable
accommodations to students with disabilities in educational institutions. The court directed the
Central Board of Secondary Education (CBSE) to provide a scribe or an amanuensis to visually
impaired students appearing for the National Eligibility cum Entrance Test (NEET) for medical
admissions.
 Dr. Ketan Desai vs. Union of India (2019):
 This case dealt with the issue of reservation for persons with disabilities in medical education.
The Supreme Court upheld the constitutional validity of the provisions providing for reservation
of seats for persons with disabilities in undergraduate and postgraduate medical courses,
emphasizing the need for inclusivity and equal opportunities in education and employment.

CONCLUSION

Conclusion: Upholding Disability Rights in India

In conclusion, India has made significant strides in the realm of disability laws and policies, yet there remain substantial
challenges in ensuring their effective implementation and enforcement. The Rights of Persons with Disabilities Act,
2016, marks a pivotal shift towards a rights-based approach, aligning with the UNCRPD. This legislation, along with
earlier acts, provides a comprehensive framework for protecting the rights of persons with disabilities and promoting
their inclusion in society.

However, the gap between policy and practice remains wide. Despite legal protections, persons with disabilities
continue to face barriers in accessing education, employment, healthcare, and other basic services. Discrimination,
stigma, and lack of awareness persist, hindering the full realization of their rights.

One of the key challenges is the implementation of existing laws and policies. The government must take proactive
measures to ensure their effective enforcement at all levels. This includes creating awareness among stakeholders,
providing adequate resources, and monitoring compliance.

Another critical area is the need for inclusive development strategies. While the government has launched various
schemes and programs for persons with disabilities, there is a need for greater emphasis on inclusive planning and
implementation. This involves mainstreaming disability concerns into all development initiatives and ensuring that they
benefit all segments of society, including persons with disabilities.

Education is a fundamental right, yet many children with disabilities are still out of school. There is a need to strengthen
inclusive education programs and ensure that schools are accessible and supportive of diverse learning needs. Similarly,
employment opportunities for persons with disabilities must be enhanced through affirmative action, skill development
programs, and creating an enabling environment in workplaces.

Healthcare is another area that requires attention, with a focus on providing accessible and affordable services to persons
with disabilities. This includes ensuring access to assistive devices, rehabilitation services, and specialized care.
Addressing these challenges requires a multi-stakeholder approach, involving the government, civil society, the private
sector, and persons with disabilities themselves. It requires a shift in mindset from charity to rights and a commitment to
inclusivity in all aspects of life.

In conclusion, while India has made progress in advancing disability rights, much more needs to be done. The true test
of a society is how it treats its most vulnerable members, and in this regard, there is still much room for improvement in
India. By ensuring the effective implementation of existing laws, mainstreaming disability concerns into development
agendas, and fostering a culture of inclusivity, India can truly become a more equitable and inclusive society for all.