Disbailty and Indian Judiciary a Legal Study by Dilip Kr Upadhyay

LAW FOR THE DISABLED PERSONS AND INDIAN JUDICIARY Abstract: According  According to Census of 2001, in respect to the Persons with Disabilities, there

are are 22 millio millions ns disab disabled  led  persons  persons in India. India being the welfare state is under  obligation to help downtrodden and the poor. Persons with Disabilities also need more attention and help from the State. Preamble o f the Indian Constitution guarantees  Person with Disabilities the full range of ciil, political, economic, cultural and social  rights rights.. In this this regar regards ds India India has also also passe passed d the Person Personss with with disabi disabilit litie iess !"#ual  !"#ual  $pportunities, protection of rights and full participation% Act, 1&&' ob(ectie of this Act  is a legal endorsement to the right of access for the P)D to education and ocational  training, emplo*ment training, practices, trael on public transport and mobilit* scheme, barr barrie ierr free free eni eniro ronm nmen entt and and inte integr grat ated ed lii liing ng info inform rmat atio ion n and and comm commun unic icat atio ion n  strategies. +his +his Act pla ces responsibili responsibilit* t* on societ* to mae ad(ustments ad(ustments for P)D P)D so that  the* might oercome arious practical ps*chological and social hurdles related b* their  disabi disabilit lit**. It sees sees to estab establis lish h a coher coheren entt and compr compreh ehens ensie ie frame frame wor wor for the  promotion  promotion of (ust an d fair polices and their effectie implementation. implementation. +he role of the Courts in particular field describes and anal*ses the (udgment of Court in the chosen  sector.  sector. +herefor +hereforee number of (udicial decision in the field of disabilit* are too few to mae a satisfactor* ealuation and the manner in which legislation on disabilit* hae been drafted.

Introduction:

There are millions disabled persons in India, several observations have revealed the fact that the situation of Persons with Disabilities are very pitiable. Census of 2001, in respect to the Persons with Disabilities shows that there are 22 millions disabled persons in India. lthou!h actual number of Indians with temporary and permanent disability could be as hi!h as "0 million. India bein! a welfare #tate has !ot the obli!ation to help downtrodden and the poor so it re$uires more attention and help from the #tate. Preamble of the Indian Consti Constitut tution ion !uaran !uarantee teess Person Person with with Disab Disabili ilitie tiess the full full ran!e ran!e of civil, civil, politi political cal,, economic, cultural and social ri!hts and the Directive Principles of #tate Policy demands the state to protect the disabled, within the limits of its economic capacity. capacity.

India is a si!natory to the proclamation on the %ull Participation and &$uality of Persons with Disabilities in the sian sian and the Pacific 'e!ion which was adopted at the meetin! to launch launch the sian sian and the Pacif Pacific ic Decad Decadee of Person Personss with with Disab Disabili ilitie tiess (1))*+ (1))*+200 2002 2 convened by the &conomic and #ocial Commiss ion for sia and Pacific at -eiin! on 1 st December, 1))2 to implement the proclamation, the Persons with Disabilities (&$ual /pportunities, protection of 'i!hts and %ull participation ct,1))" hereinafter called as disability ct. 1

Aims of the Persons with w ith Disabilities Act, 1995

The aim of the disabilities ct is a le!al endorsement to the ri!ht of access for the 1 It was passed in December 1))" and was published in the aette of India on  onday 1 st 3anuary 1))4 after  receivin! assent form the President of India. It has come into force from 5 th %ebruary 1))4.

disabled people to education and vocational trainin!, employment trainin!, practices, travel on public transport and mobility scheme, barrier free environment and inte!rated livin! information and communication strate!ies. strate!ies. This Disability ct places responsibility on society to ma6e adustments for disabled  people so that they mi!ht overcome various practical psycholo!ical and social hurdles related by their disability. It see6s to establish a coherent and comprehensive frame wor6  for the promotion of ust and fair polices and their effective implementation. It creates formal procedures, which hasten the process of full and total7 inte!ration of the disabled in society. 2

2 .8. 9:uman 'i!hts of the Disabled; Issue1?, 200?  -ournal of Constitution and Parliamentar* Studies 1+"0at 21.

Medical Definition of Disability

The

The role of Court comes into play subse$uent to the enactment of le!islation. rticle 1* of Indian Constitution ma6es a state action invalid if it is in infrin!ement of the %undamental 'i!hts. s process which has been further sharpened with the advent of   public interest liti!ation. ctions in public interest have been filed when the !round level situation of a particular individual or !roups is an infrin!ement of the %undamental 'i!hts !uaranteed under the Constitution. These actions have been field before the :i!h Court or  #upreme Court under rticle 224 and *2 respectively for issuance of appropriate writ, /der or Direction for remedyin! the derivation and upholdin! the ri!ht. Thou!h not in lar!e numbers action in public interest have been field to assert the ri!hts of Persons with Disabilities. The response of the 3udiciary to these actions has been sympathetic but not radical. )

In +he ational ederation of the lind case,10 the #upreme Court was activated so that 8 Supra note 1, at155 9 Amit Dhanda, Accordin R!a"it# to Di$a%i"it# Riht$& Ro"! o' th! J(diciar# %# S)* +i$hra 10 I' 1))* #C 1)14

the Gnion Public #ervice Commission may be directed to allow blind persons to compete in e@aminations for the Indian dministrative and llied #ervices. The Court accedin! to the petitioners re$uest to write the e@amination in -raille script or with the help of a scribe, allowed the petition. In this e@ecution of order, however, whist a scribe was  permitted to the blind candidate, the facilities of ta6in! the e@am in -raille script was withdrawn as it would not be possible to distin!uish the script of one persons from that of  another 11 . In  -aed Abidi . nion of India12 the #upreme Court 6eepin! in view the obectives of the ct while a!reein! that the economic capacity is relevant consideration while decidin! the $uestion as to whether all sufferin! from disability as defined under  section 2(i of the ct should be !ranted concession similar to those !ranted to the blind  persons for travelin! by air, held that court cannot i!nore the true spirit and obect with which the ct was enacted, i.e. to create barrier+free environment for persons with disabilities and to ma6e special provision for the inte!ration of persons with disabilities into the social mainstream, apart from the protection of ri!hts, provision for medical care education trainin! employment and rehabilitation which are some of the prime obective of the ct. !ain bearin! in mind the discomfort and harassment a person sufferin! from locomotor disability would face while travelin! by train particularly to far off places, it issued a direction to Indian irlines to !rant concession to persons sufferin! from locomotor disability to e@tent of >0, the same concession which the airlines are !ivin! to those sufferin! from blindness. This is an important decision, because despite the plea that the economic condition of the Indian irline was such that it was not feasible to !rant any further concession to any other cate!ory of disabled persons, and that the ct itself   postulates for providin! facilities to the disabled persons within the limits of economic capacity the Court issued the above direction 6eep in view the broad obective of the ct.1* In  ational ederation of  lind P ranch . State of P 13 the $uestion to be decided  before llahabad :i!h Court was, whether  the Huc6now Development uthority while 11)S(-ra not! ., at /0 12 AIR /// SC 10 13 S(-ra not!  at 02 3 04 14 AIR 0555 A"" 01.

!ivin! preference for allotment of plots and houses to blind and other handicapped  persons, should also accord concessions in the rates of the land The Court referred to section ?* of the Persons with Disabilities ct, which provide for scheme for preferential

Why do we need to Speak of Disability Rights?

Today a new model of thin6in! is brea6in! !rounds where disability is seen as an inte!ral  part of society. There is also reco!nition that persons with disabilities encounter several obstacles due to sensitivity and attitudinal barriers. Policies that are based ideolo!ically on the human ri!hts model start by identifyin! barriers in society that restrict disabled  personsA participation. This has alto!ether chan!ed the perception of disability and the approach to it. &arlier the emphasis was on correctin! the impairment and rehabilitatin! the individual so they may Bfit inA to society. ow there is reco!nition that disability is not a deviation therefore, all systems and structures of the society must be improved upon so as to allow e$ual access and full participation. Conse$uently #tates are bound by a multi layer of  obli!ations to !uarantee both de ure and de facto e$uality. t the Primary level it entails respectin! ri!ht+holdersA freedom to act accordin! to their uni$ue status and circumstances. t the #econdary level the #tate has a duty to protect all the ri!ht holders a!ainst political, economic and social interference. This implies introduction of  le!islation and provision for effective preventive and penal remedies. t the Tertiary level the #tates are obli!ed to ensure that the conditions for e$ual enoyment of ri!hts are created with the introduction of positive and special measures and by enhancin! the capacity %or e@ample Persons with Disabilities ct, 1))" provide a wide ran!e of  educational options to persons with disabilities so as to enable them to choose the best  possible model of education that would suit their needs. -oth the Constitution of India and Disabilities ct, 1))" prohibits discrimination in the matter of wor6 and with re!ard to accessin! public facilities, services and utilities. %or the e$ual participation the allotment of land for certain purposes. The Court ordered the respondent not only to !ive  preference in matter of allotment of land and house to handicapped persons, but also to

 provide concessional rate to handicapped persons.

Access to !ducation: !nforcement by the "ourt

In the era of 21st century, the ri!ht to education has been considered to be one of the most valuable ri!hts. In such situation it is very important to !ive ade$uate attention upon education. Thus provisions relatin! to education are contained in chapter F of the ct. #ection 24 of this ct enoins upon authorities to ensure appropriate environment till the child attains the a!e of 1> years. It is also to endeavour to promote the inte!ration of  student with disability in the normal school. lon!side this statutory emphasis, there is a social fact that normal schools blatantly deny admission to persons with disabilities on the reasonin! that lac6 of infrastructure and personnel to teach such children. These facilities would not be created in ordinary school unless they have student with disabilities. cceptance of the above reasonin! is thus a ne!ation of statutory mandate and it is here that Courts have a crucial role to play. The Court possess the power to authoritatively direct schools and !overnment to fulfill the mandate of the ct and insure that inclusive education is provided both in form and substance 1"+he Supreme Court 14 has laid down that the ri!ht to education is embedded within the ri!ht to life and personal liberty.

16

 number of vulnerable !roups are denied this ri!ht on facetious reason. It is only if such reasons not accepted as defence by the udiciary when Persons with Disabilities assert their ri!hts and the promise made under section 24 does becomes a reality.15 In chapter FI of the ct, the title of which is 9employment= starts at section *2 and ends at section ?1. #ection *) provides 9ll !overnment educational institution receivin! aid 15 S(-ra not!  , at 06 3 0. 16 *)P Unin7ri$hnan 8$ Union o' India 9/.2:  SCC ;41 17 S(-ra not!  at -) 0.

from !overnment shall reserve not less than three percent seats for Persons with Disabilities=. In 4umari /eha +*agi . 5ice Chancellor niersit* of Delhi 1>the Delhi :i!h Court held that section *) has no application for reservation seats in educational institution for Persons with Disabilities. The Court reasoned that since section *) fell under Chapter FI dealin! with 9employment=, the word 9seats= must have been used in  place of the word 9post=. Thus three percent of posts can be reserved for these cate!ories in educational institution under section *).

In State Council of "ducational /esearch and +raining . /ai Dwiedi 1)the :i!h Court of Delhi held that when provisions of both the sections i.e. section ** and *),are read to!ether it is established that educational institution shall have to provide for separate $uestions for different cate!ories of the disabled. It is also held that sections ** cannot be said to be e@haustive of all sub+cate!ories within Jdisabled and that e@tent is merely ‟

illustrative. %act of this case in brief was that the respondent a hearin! impaired candidate 18 /2 9055: DLT .2 19 AIR 055. D!"hi /6

was denied mar6s. 'espondent challen!ed to compartmentaliation of the three percent $uota for different cate!ories separately. !m#loyment and $iew of the "ourt

The International Covenant on &conomic #ocial and Cultural 'i!hts !uarantees the ri!ht of everyone to enoyment of ust and favorable condition of wor6, which ensures ade$uate remuneration also.20 Gnder this Covenant everyone has the ri!ht to ade$uate standards of livin! for himself and his family, includin! the ade$uate food, clothin! and housin!. -ut various cases this ri!ht is not at all bein! respected so for as the disabled  persons are concerned The Chapter FI of Persons with Disabilities ct 1))" it imposes duty on !overnment to identification and reservation of the post for Persons with Disabilities, and establishment of special employment e@chan!e, employers were re$uired to maintain records and the vacancies which are not filled up to be carried forward. Therefore the aim of this ct to provide employment ri!ht of Persons with Disabilities, which may be divided into two sub+heads, namely ( 'i!ht of the Persons with Disabilities to secure employment and (- 'i!hts of person ac$uirin! disablement durin! employment.

(+'i!ht of employment+ The Disabilities ct 1))" confers special and preferential ri!ht on 9Persons with Disabilities= in !overnment employment and inter alia  provide *  percent reservation of vacancies for Persons with Disabilities, where 1 each is to be reserved for persons sufferin! from (1 blindness or low vision, (2 hearin! impairment and (* locomotors disability or cerebral palsy. s per section ** if the vacancy cannot be filled up due to non+availability of suitable candidates with disability such vacancy shall  be carried forward to the succeedin! recruitment year.

-ut reality has shown that these provisions are not affected because of the !eneral misconception amon! non+disabled that Persons with Disabilities are not capable of doin! any ob properly. Therefore the role of court in tryin! to chan!e the mindset of the people,

20 Artic"! 6 o' Int!rnationa" Co8!nant on Economic and c("t(ra" riht$

and particularly, the employer is worth appreciatin!. In the 6igh Court of 7adras21held that where a Persons with Disabilities has performed the endurance test successfully, he can be consider for promotion to the post of inspector of central e@cise and customs. %act of this case was that, the petitioner oined the service as lower divisional cler6. Thereafter  he was promoted as upper division cler6. Conse$uent to re+desi!nation of the post he was holdin! the post of Ta@ assistant. The petitioner by virtue of his e@perience, made a representation for the post considered for promotion to the post of inspector of central e@cise and customs.

%or e@ample Persons with Disabilities ct, 1))" provide a wide ran!e of educational options to persons with disabilities so as to enable them to choose the best possible model of education that would suit their needs. -oth the Constitution of India and Disabilities ct, 1))" prohibits discrimination in the matter of wor6 and with re!ard to accessin!  public facilities, services and utilities. %or the e$ual participation the :owever the respondent did not consider the representation of the petitioner and he was informed that  bein! a physically challen!ed person he would not be able to do the arduous ob of  21 3 3ohn In  arendra umar Chandla . State of 6ar*ana and $ther  2)a #HP was filed under rticle 1*4 in the #upreme Court of India. Chandla was a!!rieved on account of bein! reduced in ran6 on ac$uirin! disability durin! service. Thou!h the #upreme Court but it orders appointed him as lower divisional cler6 this was lower in ran6 but protected his salary in  pay scale of 's.1?00+2*00.:owever he was deprived of his ri!ht to promotion to the ne@t hi!her !rade forever. o doubt to !reat de!ree the #upreme Court removed the inustice and protected his livelihood but it did not lay down the law that prohibition a!ainst discrimination in the matter of career enhancement of ac$uirin! disability durin! service. In order to prevent discrimination on !rounds of disability e@tra le!al safe!uards have now been provided.*0 s section ?5 of the ct says that no establishment shall dispense with or reduce in ran6, on employee who ac$uires a disability durin! his service. Provided that if any employee after ac$uirin! disability is not suitable for the post he was holdin! could be shifted to some other post with the same pay scale and service benefit. Provided further that if it is not possible to adust the employee a!ainst any post, he may  be left on super+numerary post until a suitable post is available or he attains the a!e of  superannuation whichever is earlier. o promotion shall be denied to a person merely on !round of disability. In  4unal Singh . nion of India *1the appellant was recruited as a constable in the #pecial #ervice -ureau. , the International Covenant on Civil and Political 'i!hts (ICCP', and the International Covenant on &conomic, #ocial and Cultural 'i!hts (IC&#C', both adopted in 1)44. International human ri!hts law has not always ade$uately ac6nowled!ed people with a disability as part of what the BhumanA, in human ri!hts, means. In the last two decades, however, there has been increasin! international

37 Ada-t!d 'rom NHRC r!-ort, 055; %# S)* +i$hra and At(" Sri8a$ta8a

attention to issues concernin! the human ri!hts of people with disabilities. -ut to date this has not resulted in a specific bindin! international treaty, as there is on racial discrimination, or discrimination a!ainst women, or the ri!hts of children.

s already pointed out, when these international le!al instruments were elaborated, they did not e@plicitly mention disability as a cate!ory of discrimination. :owever, in 1))?, the Committee on &conomic, #ocial and Cultural 'i!hts in eneral Comment o. " clarified that 9any distinction, e@clusion, restriction or preference, or denial of reasonable accommodation based on disability which has the effect of nullifyin! or impairin! the reco!nition, enoyment or e@ercise of economic , social or cultural ri!hts= will constitute discrimination. (The international monitorin! committees established under various conventions and covenants from time to time issue !eneral comments. They offer !eneral description or e@planation of specific aspect of the convention especially where states are confronted with the obstacles ma6in! the implementation difficult. These !eneral comments serve as !uidelines as they provide a more clear interpretation of the treaty ri!hts or obli!ations under it. In recent years both !overnments and courts have ta6en them into consideration. The case of Fisha6ha is one e@ample of this nature. To avoid any confusion it must be pointed out that althou!h a le!ally bindin! international instrument on the human ri!hts of persons with disabilities does not e@ist but there are a number of soft law instruments with a clear focus on disability, e.!.

Declaration on the Rights of entally Retarded !ersons" #$%&$'

Declaration on the Rights of Disabled !ersons" #$%()'

World !rogramme of *ction" #$%+,'

-. Standard Rules on the E/uali0ation of 1pportunities for !eople with Disabilities" #$%%2'

!roclamation on the 3ull !articipation and E/uality of !eople with Disabilities in the

*sian and !acific Region" #$%%,'

4iwako illennium 3ramework towards an Inclusi5e

4arrier6free and Rights6based

,

Society for !ersons with Disabilities" #,77,'

s such these soft law instruments are non+bindin! in nature which means !overnments are not bound to consider them while formulatin! policy or law. :owever, some of these non+bindin! instruments such as GD:' and #tandard 'ules have been accepted so widely that they form a part of customary law, meanin! thereby that the practice of usin! these instruments is very common.

any e@perts believe that a new human ri!hts convention *> on the theme of disability is necessary to !ive status, authority and visibility to disability ri!hts that cannot be achieved throu!h the process of interpretations and refinement of the e@istin! treaties and #tandard 'ules. oreover, addin! a new treaty will complement e@istin! international standards for disability ri!hts. In response to a continued advocacy for a specific disability convention, in December 2001 the G eneral ssembly passed a resolution establishin! an d :oc Committee 9to consider proposals for a comprehensive and inte!ral international convention to promote and protect the ri!hts and di!nity of persons with disabilities, based on the holistic approach in the wor6 done in the field of social development, human ri!hts and non+discrimination=. To date, the committee has held seven sessions. e!otiations on the convention are advancin! at a rapid pace.  lar!e measure of a!reement has already been reached on a number of articles. There are a few issues that re$uire further ne!otiations which, in all li6elihood, would be completed over  a short period of time. It is hoped that by the year 2005, the convention would be adopted  by the G eneral ssembly. This convention could considerably move forward the  process of mainstreamin! disability.  new treaty would create a stron! monitorin! mechanism and !ive impetus to the implementation process. In some, the international human ri!hts convention on disability would have enormous potential in brid!in! the

38 i%id

!aps under domestic law and practice.

8he Indian Law and Disability

The Constitution of India premised on the principle of social ustice and human ri!hts. The Preamble, the Directive Principles of #tate Policy and the %undamental 'i!hts enshrined in the Constitution stand testimony to the commitment of the #tate to its  people. These provisions envisa!e a very positive role for the #tate in the upliftment of  the status of disadvanta!ed !roups *). %or e@ample, rticle ?1 enoins that, 9The #tate shall, within the limits of its economic capacity and development ma6e effective  provision for securin! the ri!ht to wor6, to education and to public assistance in cases of  unemployment, old a!e, sic6ness and disablement.= ore specifically, rticle ?4 stipulates that, 9The #tate shall promote with special care the educational and economic interests of the wea6er sections of the people, and, in particular, of the #cheduled Castes and the #cheduled Tribes, and shall protect them from social inustice and all forms of  e@ploitation.= :ere it is important to clarify that under Part IF of the Constitution of India, BDirective Principles of #tate PolicyA ri!hts that have been catalo!ued need to be realied over a  period of time. /n the other hand under Part III, such ri!hts have been arran!ed which are fundamental in nature and crucial to democracy and are to be enforced immediately. %or  e@ample,

ri!hts

covered

under

rticle

1?

to

rticle

*2

form

part

of 

fundamentalMenforceable ri!hts and rticle *4 to rticle "1 comprise directive principles and are theoretically non+ usticiable.

:owever, in rticle *5, the constitution clarifies;

(a) That the directive principles are fundamental in the !overnance of the country, and (b) It shall be the duty of the #tate to apply these principles in ma6in! laws.

In view of these obli!ations, disability has been an inte!ral component of policy 39 R!8i! o' r!-ort on Nationa" Di$a%"!d P!r$on$ C!n$($ , 055/

 plannnin!. The ten five year plans that the country has embar6ed upon, do ma6e a refrence to disability thou!h in the mar!ins. Introduction of the policy of reservation in  obs for persons with disabilities in 1)55 and the formulation of scheme of inte!rated education for disabled children in 1)54 are also a few e@amples that mar6 this trend. There appears to be a complete unanimity of udicial opinion that the Directive Principles and the %undamental 'i!hts are inter+related and interdependent. The #upreme Court of  India declared, 9The directive principles contained in Part IF constitute the stairs to climb the hi!h edifice of a socialistic #tate and the fundamental ri!hts are the means throu!h which one can reach the top of the edifice.=

:i!hli!htin! the si!nificance of the Directive Principles, the #upreme Court stated, in 8esavananda -harati, that it is relevant in this conte@t to remember that in buildin! up a  ust social order it is sometimes imperative that the %undamental 'i!hts should be subordinated to the Directive Principles

8he !ersons with Disabilities #E/ual 1pportunities

!rotection of Rights and 3ull

,

!articipation' *ct $%%) ,

The ct, which catalo!ues the ri!hts of people with disabilities in India, was passed by the Parliament of India on December 12, 1))", and notified on %ebruary 5, 1))4. The ct was a landmar6 in that, for the first time, it stated that people with disabilities had the ri!ht to e$ual opportunities and full participation and that these ri!hts would be protected  by the law. The ct?0  elaborates, at some len!th, duties of the !overnment at various levels and the other establishments under their control. It also provides useful !uidance re!ardin! the type and nature of measure that would e$ualie opportunities for the enoyment of basic ri!hts and freedoms.

The ct is arran!ed in three distinct parts;

40 Ann(a" r!-ort %# NHRC on P!r$on$ ith di$a%i"iti!$ Act //1

Part I comprises Chapter 1+? dealin! with the administrative arran!ement for  implementation. Part II comprises Chapter "+11 dealin! with the substantive ri!hts and co+related obli!ations. Part III provides a mechanism for the monitorin! of the ct in the Centre and #tates. Chapter 12 establishes the office of the Chief Commissioner and #tate Commissioners for   person with disabilities.

!art I In the first chapter, the ct lists and defines the disabilities covered under it. These disabilities are blindness, low+vision, disabilities as a result of leprosy, hearin! impairment, locomotor disabilities, mental retardation, and mental illness. The ct specifies the minimum de!ree of disability to be ?0 to entitle a person with disability to the benefits under the ct. uthority to certify disability has also been specified.  medical board comprisin! three specialists from a !overnment hospital can issue a disability certificate.

The ct establishes the Central and #tate Co+ordination Committees. These committees have been conceived in a multi+sectoral mode. any important ministries and departments of the !overnments includin! five representatives of /s are members. The committee is mandated to perform the followin! functions; (a) 'eview and coordinate the activities of all the Departments of overnment and

other overnmental and on+overnmental /r!aniations which are dealin! with matters relatin! to persons with disabilities7 (b) Develop a national policy to address issues faced by persons with disabilities7 (c) dvise the Central overnment on the formulation of policies, pro!rammes,

le!islation and proects with respect to disability7

(d) Ta6e up the cause of persons with disabilities with the concerned authorities and

the international or!aniations with a view, to provide for schemes and proects for  the disabled in the national plans and other pro!rammes and policies evolved by the international a!encies7 (e) 'eview, in consultation with the donor a!encies, their fundin! policies from the

 perspective of their impact on persons with disabilities7

PA"# $$ In order to ma6e up for past discrimination, and deter it from happenin! in the future, the ct enlists various duties of the !overnment in relation to the ri!hts of persons with disabilities under Chapter %ive B&ducationA, Chapter #i@ B&mploymentA, Chapter #even Bffirmative ctionA, Chapter &i!ht Bon+discriminationA, Chapter ine B'esearch and anpower DevelopmentA, Chapter Ten B'eco!nition of Institutions for Persons with DisabilitiesA and Chapter &leven BInstitutions for Persons with #evere DisabilitiesA ma6es  provision for what is called Baffirmative actionA N preferential actions desi!ned to improve the status of people with disabilities. It is, therefore, the !overnmentAs responsibility to  provide people with disabilities with aids and appliances which reduce or eliminate the limitations on function imposed by the disabilities. The !overnment is also re$uired to show preferences to people with disabilities when it allots land for buildin! houses and settin! up businesses, and also for the creation of special schools ?1 and recreational centres for people with disabilities.

!art III The ct provides for a monitorin! mechanism in the Centre as well as in #tates. %or this  purpose it has established the office of the Chief Commissioner and #tate Commissioners for person with disabilities. The functions of the Chief Commissioner are;

a. coordinate the wor6 of the Commissioners7 b. monitor the utiliation of funds disbursed by the Central overnment; c. ta6e steps to safe!uard the ri!hts and facilities made available to persons with 41 i%id

disabilities7 d. submit reports to the Central overnment on the implementation of the ct at such

intervals as that overnment may prescribe.

In addition to the People with Disabilities ct 1))", there are three other le!islations which are relevant to the ri!hts of people with disabilities. These include the ational Trust ct 2000, the 'ehabilitation Council of India ct 1))2, and the ental :ealth ct 1)>5. In addition, the overnment of India has adopted a ational Policy on Disability in %ebruary 2004.

'he Rehabilitation "ouncil of India Act 199(:

The 'ehabilitation Council of India was set up by the overnment of India in 1)>4, initially as a society to re!ulate and standardise trainin! policies and pro!rammes in the field of rehabilitation of persons with disabilities. The ur!ent need for minimum standards was felt as the maority of persons en!a!ed in education, vocational trainin! and counsellin! of persons with disabilities were not professionally $ualified. Poor academic and trainin! standards adversely affect the chances of disabled succeedin! in the world of  wor6. Therefore, an ct of Parliament in 1))2 ?2 enhanced the status of the Council to a statutory body with followin! aims;

1. To standardise trainin! courses for professionals dealin! with people with

disabilities7 2. To prescribe minimum standards of education and trainin! of various cate!ories of 

 professionals dealin! with people with disabilities7 3. To re!ulate these standards in all trainin! institutions uniformly throu!hout the

country7 4. To promote research in rehabilitation and special education7 and 5. To maintain Central 'ehabilitation 'e!ister for re!istration of professionals. 42 P!r$on$ ith di$a%i"it# Act, //1 r!-ort

The 'ehabilitation Council of India ('CI re!ulates trainin! standards for si@teen cate!ories of rehabilitation wor6ers. The Council is proactively promotin! trainin! and research initiatives utilisin! e@perience of specialised as well as mainstream academic institutions.

s certain !roups amon! the disabled are more vulnerable than others, a special enactment for the protection of such persons, their property and well+bein! was felt necessary. The enactment of the ational Trust for 4. This e@ercise be done within a period of two months from the date of this ud!ment. %urther, while implementin! the decision aforesaid, if number of posts are not available, the respondents should have options either  to create supernumerary post or terminate the services of those whose appointments were made subect to the decision of this writ petition as per order dated 1? th 3uly, 1))" in C.?251 of 1))". It is simply because the posts which would now be earmar6ed for  handicapped persons were meant for them, are occupied by others and thus recruitment not validly made.

An6a 'o##o &s3 AIIM)

n6a Toppio a!!rieved on bein! denied the ri!ht to ta6e the e@aminations for --# final year, on losin! si!ht, by the ll India Institute of edical #ciences (II#,

approached the :'C. The 'espondent was of the opinion that 9in view of the severe visual loss suffered by #hri Toppo, it would not be possible for him to wor6 in the medical profession=. fter !reat persuasion by the :'C and on e@posin! the 'espondent to numerous e@amples of blind people successfully pursuin! medical  profession, the 'espondent finally a!reed to ta6e steps to e@amine the petitioner for the --# course by offerin! a modified methodolo!y of e@amination. In the li!ht of the e@perience of this case the :'C at its sittin! on 2> ay 2001 e@pressed the view that the edical Council of India should perform a similar e@ercise so that the same facility and system is available in other medical institutions of the country as well.

"onclusion The treatment of people with disabilities has varied throu!h the centuries, and it has more commonly been oppressive than otherwise.  sustained campai!n for ri!hts by persons with disabilities, their family members and well wishers has !iven birth to new thin6in! about disability. This has a clear bearin! on the le!al and policy framewor6s and the mechanisms for their implementation.

/ne of the most si!nificant advancement of policy and practice in the latter half of the twentieth century has related to the ri!ht of people with disabilities to live and participate in their communities, and to secure the ma@imum possible support so that services related to rehabilitation, education, and employment are all provided throu!h systems that comply with minimum standards of $uality. In this conte@t, it is also important to realie that disability ri!hts cannot be fou!ht for and secured in a vacuum. Inevitably, the issue of  disability is related to many other social, economic and political issues, includin! those of  chronic poverty, !ender e$uity and environmental dama!e.