Legislative Provision for Divyangjan

Rights of People with Disabilities Act of 2016

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995 was repealed and replaced by the new law. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory, is satisfied by this action.

India, a member of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), has obligations under the adoption of the Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016). It became effective in December 2016. The 1995 People with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act is replaced by this one.

Disability has been defined by The Rights of Persons with Disabilities (RPwD) Act, 2016, passed on December 28, 2016, and entered into force on April 19, 2017.

Disability Includes:

There are now 21 different sorts of disabilities instead of the previous 7, and the Central Government will have the authority to introduce additional ones. 

1. Physical Impairment

• Locomotor Impairment: Leprosy Healing person spinal palsyAchondroplasia muscle weakness victims of acid attacks
• Impairment of vision: Vision loss, Low Visibility
• Deficiency in Hearing: Difficult of Hearing and Deaf, Communication, and Language Impairment.

2. Intelligence Disabilities

• Difficulties in Learning Particular
• Diagnosable Disorder in Autism.

3. Mental Health (Mental Illness)

4. Common Neurodegenerative Conditions like Multiple Sclerosis Cause Impairment in Alzheimer’s Disease

5. Bloody Condition

• Recessive genetic disorders
• Thalassemia
• Sickle-cell disease Disorder.

6. Different (Multiple) Disabilities

People with at least 40% of the difficulties above are considered to have “benchmark disability.”

Goals of the Disability Act:

• Putting into practice values like respect for one’s intrinsic dignity, individual autonomy, including the right to make one’s own decisions, and independence.
• The Act places a strong emphasis on non-discrimination, complete and adequate participation and inclusion in society, respect for differences and acceptance of disabilities as a natural part of human diversity and humanity, equality of opportunity, accessibility, equality between men and women, respect for the developing abilities of children with disabilities, and respect for the right of children with disabilities to preserve their identities.

Divyangjan Legislative Provision

Department of Empowerment of Persons with Disabilities: Recognizing the unique requirements of PwDs, the government separated the Ministry of Social Justice and Empowerment to create the Department of Empowerment of Persons with Disabilities (DEPwD). This is consistent with the overarching vision of Vasudhaiv Kutumbakam, which the Indian government has pursued since the country’s independence.
‘Divyang’: The term “Divyang” describes PwDs to change how society views PwDs and to encourage them to engage in society without feeling inferior. The phrase is especially relevant because it emphasizes the ‘Divyangjans’ other enhanced senses rather than their infirmity.

UN Declaration on Human Rights

• People with Disabilities (UNCRPD): In 2008, the convention went into effect. It is a global agreement that protects the rights of disabled people. As a signatory to the convention, India passed the Rights of Persons with Disabilities Act in 2016 to align domestic legislation with the treaty.
  
• The Rights of People with Disabilities Act of 2016 establishes a national inclusive system by defending and implementing the rights of people with disabilities.

Main Points of the Act are Enumerated Below:

• Rights and obligations: The Act ensures Divyangjan’s reproductive rights, equality and non-discrimination, the right to community life, protection from cruelty, inhuman treatment, abuse, violence, and exploitation, voting booth accessibility, and access to justice.
• Education and skill development: The Act imposes requirements on educational institutions as well as outlines specific steps that can be taken to support and enable inclusive education across the country. It also guarantees equality of opportunity and non-discrimination to end discrimination against Divyangjan.
• Reservation: The Act calls for PwDs to be given preference in employment and higher education. Additionally, it raises the percentage of PwDs reserved for those with benchmark disabilities (defined as a 40% or more significant handicap) from 3% to 5%. In the same way, bookings in the percentage of higher education institutions that are government-owned or -aided have climbed from 3% to 4%.
• Social Security: In addition to creating unique job opportunities for people with disabilities, the Act promotes the private sector to hire Divyangjan. Along with encouraging participation in sports, leisure, and cultural activities, it also includes provisions for Divyangjan-specific healthcare and insurance plans.

Fundamental Rights Guaranteed to the Disabled in the Constitution:

The following Fundamental Rights are Guaranteed to the Disabled under the Constitution:

• The constitution guarantees all people, including those who are disabled, the right to justice, freedom of speech, religion, and thinking, as well as equality of status and chance. It also works to advance fraternity.
• The administration is prohibited from discriminating against any Indian citizen (including those who are disabled) based on religion, race, class, gender, or birthplace by Article 15(1).
• Neither resident (including those with disabilities) will be subjected to any disability, liability, restriction, or situation on any of the aforementioned grounds about their access to stores, public fast food joints, guesthouses, and places of public entertainment or about their use of wells, tanks, showering ghats, roads, and places of public resort maintained entirely or in part with money provided by the government or designated for the use of the general public. 
• Regarding employment or appointment to any office under the state, there shall be equal opportunities for all citizens (including the disabled).
• No one, particularly the disabled, should always be treated as untouchable regardless of their affiliation. It would be illegal, as defined by Article 17 of the Constitution, and punishable by law.
• According to Article 21 of the constitution, everyone’s rights and liberties are guaranteed, including people with disabilities.
• There could be no human trafficking (including the trade in disabled individuals), and forced labor, begging, and other forms of work are illegal and subject to legal penalties (Article 23).
• Article 24 forbids children from working (including the disabled) under 14 in factories, mines, or other hazardous occupations. Even a private firm working for the government cannot employ minors under 14.
• Everyone, including those with disabilities, is guaranteed the right to freedom of religion under Article 25. Every disabled person (like the non-disabled) has the right to practice and spread their faith, so long as it is done by good order, morality, and health.
• No individual with a disability may be made to pay taxes to support and maintain a particular religion or religious organization.
• No individual with a disability will be denied the right to use the dialect, script, or culture they possess or are a part of.
• Every disabled citizen of India has the right to petition the Supreme Court of India to uphold their fundamental rights, and Article 32 guarantees that right.
• Although the right to own property is not a fundamental right, no disabled person who owns a property (unlike the non-disabled) can have it taken away from him without a court’s permission. Any unlawful taking of property may be contested in court and compensated for damages.
• Every disabled person (such as the non-disabled) becomes entitled to have his name added to the general electoral roll for the geographical constituency to which he belongs upon reaching 18.

Access to Education Law for Disabled

• Everyone in the country, including people with disabilities, has the right to an education. Neither citizen shall be deprived entrance to any educational establishment maintained by the government or receiving assistance from State funds on the grounds of religion, race, caste, or language, according to Article 29(2) of the Constitution.
• The state is required under Article 45 of the Constitution to provide free and required education for all children (including those who are impaired) until they become 14 years old. No child may be excluded based on religion, race, caste, or language from any educational institution supported by the state or receiving funding from State resources.

Medical laws

• According to Article 47 of the constitution, the administration has a significant duty to enhance public health, primarily through enacting legislation that outlaws the use of intoxicating beverages and pharmaceuticals that are harmful to one’s health unless they are needed for medical reasons.
• There are numerous protections for the disabled in Indian health regulations. The Mental Health Act of 1987 is one of the Acts that address citizen health, particularly those of the disabled.

Domestic Laws

The disabled are equally covered by the many marriage-related rules the government has passed for different groups. According to most of these Acts, the following situations will prevent a person from entering a marriage. Which are:

• When one partner lacks the mental capacity to offer legal consent or is experiencing a mental illness that renders them unfit for “marriage for the reproduction of children,”
• Whenever there is an unlawful relationship between the parties or when they are sapindas of one another unless this is allowed by tradition or practice.
• Where one or both parties still have a spouse.

Laws Regarding Succession for Disabled

• It is expressly stated in the Hindu Succession Act, 1956, which governs Hindus, that a person with a physical impairment or physical deformity is nonetheless eligible to inherit property. Similar to this, no clause in the Indian Succession Act of 1925, which governs both without a will and bequest succession, prevents the disabled from inheriting a family home. Muslims and Parsis are treated equally in this manner. 
• In truth, a disabled person can dispose of their property by writing a “will,” as long as they are aware of the significance and consequences at the moment the will is prepared.

Employment Laws for Disabled

• The rights of the disabled are not clearly spelled out in employment laws but delegated laws, such as norms, regulations, and guidelines in place, include clauses that take care of the disabled in their interactions with employers.
• The supervisor ensures no illegal discrimination toward people with disabilities at work.
• To promote the accessibility of impaired employees, the employer must offer them additional services or unique perks, such as extra leave and training opportunities.

Income Tax Laws

• Section 80 DD: Section 80 DD allows for a reduction in expenses associated with the medical care (including nursing), education, rehabilitation, etc., of dependents who are disabled and who are residents in India. The deduction amount was gone up Significantly—12000 to Rs. 20000 to cover the higher expense of such servicing.
• Article 80 V: A new branch 80V has been added to ensure that the family whose revenue of a youngster who is permanently disabled has been combined under Section 64 is permitted to claim a deduction up to Rs. 20000/- by Section 80 V.
• Provision 88B: This section allows a resident who reaches age 65 to get an additional rebate from the net tax they must pay. As opposed to the prior restriction of Rs. 50000, it has been changed to boost the refund from 10% to 20% in circumstances where the total gross income does not add To the vast. 75,000.

Punishments for Crimes Against People with Impairments

• This Act specifies penalties for offenses against people with disabilities and violations of the new law’s rules.
• Anyone who breaches the Act’s provisions or any rules or regulations enacted under it may be sentenced to up to six months in prison and/or a fine of Rs 10,000, or both. 
• Any additional offenses are punishable by up to two years in prison and/or fines ranging from Rs 50,000 to Rs 5 lakh.
• Sexually abusing a woman or kid with a disability is punishable by a fine and up to five years in prison. Insulting or intimidating a disabled person on purpose is also illegal.
• Each district will have a special court to handle cases violating PwDs’ rights.

Acts Regarding the Legal Rights of the Disabled in India

The 1995 Persons with Disabilities Act (Equal Opportunities, Protection of Rights, and Full Participation)

• The Act, which lists the rights of disabled individuals in India, was approved by the Indian Parliament on December 12 and became operative on February 7 of the following year.
• The Act was significant because it, for the first time, declared that people with disabilities have a legal right to protection for their rights to equal opportunity and full participation. 
• The Act details the responsibilities of the various levels of government as well as the other organizations they have influence over. 
• It also offers helpful direction on the type and scope of measures that will equalize opportunities for exercising fundamental freedoms and rights.

Primary Provisions of the Act

• Education 
• Early Disability Detection and Prevention
• Employment
• Research 
• non-discrimination 
• workforce development
• Positive Action Social Security 
• Complaint Redressal

Rehabilitation Council of India Act 1992

The Indian government established the Rehabilitation Council of India in 1986, at first as a society, to control and standardize training policies and programs in the area of rehabilitation of people with disabilities. Since most people working in education, vocational training, and counseling of people with disabilities lacked professional qualifications, there was a pressing need for minimal requirements. Poor academic and training standards negatively impact disabled people’s prospects of success in the workforce. As a result, a Parliamentary Act in 1992 elevated the Council’s status to that of a statutory entity with the following objectives:

• Creating uniform training programs for those working with people with impairments. 
• Establishing minimum requirements for the education and training of different categories of professionals working with people with disabilities
• Enforcing these requirements uniformly across the nation in all training institutions
• Fostering special education and rehabilitation research
• Maintaining the Central Rehabilitation Register for the registration of professionals
• Training requirements for sixteen different categories of rehabilitation workers are governed by the Rehabilitation Council of India (RCI). 

To ensure the high quality of services provided by various rehabilitation specialists, this Act offers guarantees. The list of these guarantees:

• Having the right to get services from rehabilitation specialists who are trained and certified and whose names are included on the Council’s Register.
• To ensure the maintenance of the minimal educational standards necessary for recognizing rehabilitation qualifications by Indian universities or institutes.
• To be protected against disciplinary action and removal from the Council’s Register by the assurance that rehabilitation professionals will uphold standards of professional behavior and ethics.

The 1987 Mental Health Act

The following rights are available to people with mental illnesses under the Mental Health Act of 1987:

• The privilege to be enrolled, diagnosed, and cared for from a mental hospital, mental nursing home, or mental convalescent home that the government or another individual has built or is maintaining for the treatment and care of mentally ill people.
• A separate mental hospital or nursing home founded or managed by the government must admit and treat minors under the age of 16, people addicted to alcohol or other drugs that cause behavioral disorders, and those found guilty of any crime.
• People who are mentally ill have a right to receive coordinated, guided, and regulated mental health care from the government. 
• The regulation and issuance of permits for the establishment and maintenance of psychiatric institutions and nursing homes is the duty of the Central Authority, and the State Authorities established under the Act.
• The government cannot refuse to pay benefits to mentally ill people entitled to pay pensions, gratuities, or any other type of allowance (such as government employees who develop a mental illness while working for the government). Following the magistrate’s certification, the person in charge of the mentally unbalanced person or his dependents will be given this compensation.
• If a mentally ill person lacks the resources to hire a lawyer or his circumstances require it, the magistrate or district court may grant him access to legal representation in proceedings under the Act.

Act of 1999 creating the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities

According to this Act, the Central Government must establish the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disability in New Delhi to benefit the disabled.

• The Central Government-instituted National Trust is responsible for ensuring that its established purposes are carried out, as stated in Section 10 of this Act.
• The Board of Trustees of the National Trust has a responsibility to make provisions for any beneficiary specified in the trust to live in a manner that is adequate for their level of living.
• The Board of Trustees of the National Trust is required to arrange for any beneficiary mentioned in a request it receives to live up to an adequate level of life and to give registered organizations financial support to carry out any approved program for the benefit of disabled people.

According to the Act’s provisions, disabled people have the right to be placed under guardianship by “Local Level Committees.” The guardians thus designated will be obligated to care for the incapacitated person and their belongings and will be held accountable for doing so.

• Under certain circumstances, a disabled person has the right to have his guardian removed. These include mistreatment or neglect of the disabled, as well as mistreatment or theft of the property that is being cared for.
• A registered organization for the disabled may file a complaint with the central government to have the Board of Trustees replaced and/or reconstructed if they cannot perform or consistently fail to perform their obligations.
• The requirements of this Act about the National Trust’s accountability, financial, accounting, and audit oversight.