Legal Provisions on Disability in India
Some of the important Acts enacted by the Government of India for the welfare of persons with disabilities are listed in the following para of this section.
(1) The Mental Health Act, 1987
This was an Act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs and for matters connected therewith or incidental thereto.
Superseding the Mental Health Act, 1987, Government of India passed ‘The Mental Health Care Act, 2017’on 7 April 2017, with an objective to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfill the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.
(2) The Rehabilitation Council of India Act, 1992:
An Act was created to provide for the constitution of Rehabilitation Council of India for regulating the training of rehabilitation professionals and the maintenance of a Central Rehabilitation Register and for Matters connected therewith or incidental thereto. The Act also prescribes punitive action against unqualified persons delivering services to persons with disability.
The Rehabilitation Council of India (RCI) was set up as a registered society in 1986. On September, 1992 the RCI Act was enacted by Parliament and it became a Statutory Body on 22 June 1993.The Act was amended by Parliament in 2000 to make it broader based.
The Council lays down policy parameters regarding various aspects of training and education in the field of Rehabilitation and all institutions have to seek recognition from RCI as per provision of RCI Act, 1992.List of RCI's approved training institutes is available in public domain and can be accessed through http://www.rehabcouncil.nic.in/
(3) Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995) came into force on February 7, 1996.This was an important landmark and was a significant step in the direction of ensuring equal opportunities for persons 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, job reservation, research and manpower development, creation of barrier-free environment, rehabilitation of person with disability, unemployment allowance for the disabled, special insurance scheme for the disabled employees and establishment of homes for persons with severe disability etc.
According to the Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, "Disability" means-
- Blindness;
- Low vision;
- Leprosy-cured;
- Hearing impairment;
- Locomotor disability;
- Mental Retardation;
- Mental illness
(4) The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
The Government of India enacted the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 on December, 30 1999 with objective to provide for the constitution of a body at the National level for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities and for matters connected therewith or incidental thereto. The trust aims to provide total care to persons with mental retardation and cerebral palsy and also manage the properties bequeathed to the Trust.
As certain groups among the disabled are more vulnerable than others, a special enactment for the protection of such persons, their property and well-being was felt necessary. The enactment of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (referred to as the National Trust Act) aims to fulfill a common demand of families seeking reliable arrangement for their severely disabled wards.
(5) Rights of Persons with Disabilities (RPWD) Act, 2016
The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It fulfills the obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
According to the Rights of Persons with Disabilities (RPwD) Act, 2016, enacted on 28.12.2016 and came into force from 19.04.2017, Disability has been considered as an evolving and dynamic concept.
Disabilities covered under the Act:
➢ The types of disabilities have been increased from existing 7 (as defined in the Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995,) to 21 and the Central Government will have the power to add more types of disabilities.
➢ The Act covers the following specified disabilities:
- Blindness
- Low-vision
- Leprosy Cured persons
- Hearing Impairment (deaf and hard of hearing)
- Locomotor Disability
- Dwarfism
- Intellectual Disability
- Mental Illness
- Autism Spectrum Disorder
- Cerebral Palsy
- Muscular Dystrophy
- Chronic Neurological conditions
- Specific Learning Disabilities
- Multiple Sclerosis
- Speech and Language disability
- Thalassemia
- Hemophilia
- Sickle Cell disease
- Multiple Disabilities including deaf-blindness
- Acid Attack victims
- Parkinson’s disease
According to the Rights of Persons with Disabilities Act, 2016,"Person with disability" means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others, and "Person with benchmark disability" means a person with not less than forty per cent. of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority.
The new list of recognized disabilities includes three blood disorders (Thalassemia, Hemophilia and Sickle Cell disease) and acid attack survivors. Intellectual disability, Parkinson’s disease, Cerebral Palsy, Dwarfism and Autistic Spectrum disorders also find place in the list. This inclusion will help more people to have access to the government schemes and facilities intended for the welfare of disabled people in India.
The RPWD Act 2016 also provides for creating institutional infrastructure to support the needs of persons with disabilities. Setting up of Special Courts in each district has been mandated. These courts will handle the cases related to the violation of rights of disabled people. In addition, State Governments will setup district-level committees and a separate State Fund for the welfare of PwDs. Similarly, a national level fund will also be set up.
This historic legislation is a corner stone of evolution of jurisprudence on the rights of persons with disabilities in India. As a result, disability concerns have come into sharp focus. However, within a period of ten years of enforcement of this Act its weaknesses have also surfaced in the absence of a powerful implementing instrumentality. Unlike usual indifference the government soon realised these weaknesses and acceded to the demand of the disability movement for overall review of the Act. Towards this end a committee was constituted which harmonised views of the disability sector and relevant bodies in its comprehensive report.