The legal framework

Persons with physical or mental disability are differently- abled and they are required to be treated with understanding. The imperatives of equal opportunities, protection of rights and full participation of such persons are spelt through International conventions, Constitutional guarantees and statutory laws. The Directive Principles of State Policy and the fundamental right to equality ensure opportunities for securing justice through right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement. Statutory enactment of the year 1995 sets up Co-ordination Committee at the Centre and at the State levels comprising of representatives of the government, NGO and persons with disability themselves to review the working of departments of governments, develop a national policy to address issues faced by persons with disabilities, evolve schemes, generate funds, ensure barrier-free environment in public  places, workplaces, schools and other institutions and monitor and evaluate the impact of policies and programs. Their enforcement is monitored through Executive committees both at the Centre and the State levels. There is also an enactment 1999 that provides for a national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities.

          Who are persons with disability?

The definition of the term disability as per the provisions of the Persons with Disability Act 1995 means:-

1.      Blindness

2.      Low vision

3.      Leprosy cured

4.      Hearing impairment

5.      Loco-motor disability

6.      Mental retardation

7.      Mental illness 

          Features of the 1995 Act

The 1995 Act provides for placing mechanisms for prevention and early detection of persons with disabilities. Provisions for education and employment are the most potent tools for their empowerment and the Act addresses the agenda for establishment of special schools and reservation in public employments. The Act declares that the Government shall appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from blindness or low vision; hearing impairment; locomotor disability or cerebral palsy, in the posts identified for each disability. Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with disability is not available, it may first be filled by interchange among the three categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability. All Government educational institutions and other educational institutions receiving aid from the Government shall reserve not less than three per cent seats for persons with disabilities. The appropriate Governments and local authorities shall reserve not less than three per cent in all poverty alleviation schemes for the benefit of persons with disabilities.

The Rules framed under the Act detail the mandate to issuing notifications to the employment exchanges for vacancies and reservation for the persons with disability. Social security measures and affirmative action for preferential allotments of housing and shopping are also contemplated under the Act. The non-discrimination directives underscore the agenda for adaptation of rail compartments, busses, toilets, installation of auditory signals at public roads and ramps in public buildings. Among the most significant provisions is the bar against any establishment from dispensing with, reducing in rank of any employee who acquires a disability during his service and relocating the employee within the same establishment to some other post with the same pay and service benefits.   

Affirmative Action

Equality of opportunity does not mean making the persons with disability to compete on par with other persons, but suggests a pro-active approach to give special privileges and concessions in various fields. The appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates for house; setting up business; setting up of special recreation centres; establishment of special schools; establishment of research centres; establishment of factories by entrepreneurs with disabilities.

The State initiatives

It is through education that comes empowerment. Instead of special schools, wherever possible the Act advocates the promotion of the integration of students with disabilities in the normal schools. The Act promotes setting up of special schools in Government and private sector for those in need of special education, in such a manner that children with disabilities living in any part of the country have access to such schools and equip the special schools for children with disabilities with vocational training facilities. The State of Haryana has announced on December 2, 2009 the launching a scheme called Jawahar Social Infrastructure Mission which would benefit the disable, besides senior citizen and children in the State, making a provision for Rs.150 crores for implementation. It was announced that under the project, the government would set up ten schools for the blind, eight schools for deaf and dumb, six schools for mentally retarded, three state level institutes, two homes for mentally retarded persons, four senior citizen homes, six children homes, 21 vocational education and training centres.

The Punjab & Haryana High Court had issued to the government certain directions for affirmative action in CWP No. 3199 of 2008 titled as Handicapped Welfare Group Housing Society Ltd., Panchkula v State of Haryana in terms of which the Haryana Government has announced that HUDA has already formulated Policy guidelines for reservation of 1% residential plots upto 8 Marla category for Blinds and 1% for Disabled Persons. 10% subsidy is also provided in the rate of allotment of such earmarked plots. As per provisions of EMP-2005, 2% of Industrial Plots up to 500 sq. mts. are reserved for the Entrepreneurs with Disabilities. 10% subsidy is also provided in the rate of allotment to such persons. Further, HUDA is reported to have formulated a policy for leasing out of Creche/School Buildings constructed by HUDA in various Urban Estates and community buildings constructed by HUDA in villages within HUDA sectors to reputed NGOs for running of Creche/School for special children and for undertaking welfare works in villages. It has taken policy decisions to provided that 2% of commercial sites designated as Kiosks and Booths in Shopping Centres shall be reserved for the persons with disabilities. The above reservation of sites shall be done in all the Shopping Centres in all the Urban Estates where more than 50% of total commercial sites designated as Kiosks and Booths are un-sold and are available for allotment. The commercial sites so reserved for persons with disabilities shall be allotted on the reserved price fixed by HUDA.

Milk Booth and Fruit & Vegetable shops are earmarked by HUDA in various Shopping Centres which are offered to Government agencies like Haryana Dairy Development Corporation, Mother Dairy etc. 25% of such sites allotted to above agencies shall be offered to the persons with disabilities and a condition to this effect be incorporated in the allotment letter. The entry of persons with disabilities shall be free in the Auditorium and the parks being developed by HUDA. The persons with disabilities will be given 10% concession in the fee prescribed for membership of Gymkhana Clubs and sports facilities developed by HUDA in Sports Complexes/Stadium. The above mentioned concessions to persons with disabilities shall be allowed to: Only the domiciles of Haryana with 70% or above disability; The allotted sites shall not be transferred by the persons with disabilities for a period of at least 10 years.

 Follow this link

There is a web enabled journal that gives bi-monthly updates on information relating to various welfare schemes for persons with disability in http://www.disabilityindia.com/html/news.html.