The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
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- The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
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- 2. Information Name: The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
- 3. Goals Appropriate Governments and local authorities to provide children with disabilities free education, to make schemes
- 4. Principles The core concepts in the DDA 1995 are, instead: less favorable treatment for a reason
- 5. Structure and main articles Preliminary The central coordination committee The state coordination committee Prevention and early
- 6. Other articles Research and manpower development Recognition of institutions for persons with disabilities Institution for persons
- 7. Practical realization The Rights of Persons with Disabilities Act, 2016 replaces the erstwhile Persons with Disabilities
- 8. Key features of the disability law ‘Disabled persons’ have been categorized as: (i) persons with disability;
- 9. Other key features Additional benefits such as right to free education (between the age group of
- 10. Significance - The hits With the increase of industries in India, the role of the corporate
- 11. The hits The Disability Law aims at addressing the problems faced by the disabled from all
- 12. Significance - The misses While the initiative taken by the government in recognizing the needs of
- 14. Скачать презентацию
Information
Name: The Persons with Disabilities (Equal Opportunities, Protection of Rights and
Information
Name: The Persons with Disabilities (Equal Opportunities, Protection of Rights and
Country: India
Subject(s): it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.
Type of legislation: Law, Act
Adopted on: 1995
Goals
Appropriate Governments and local authorities to provide children with disabilities free
Goals
Appropriate Governments and local authorities to provide children with disabilities free
Identification of posts which can be reserved for persons with disabilities.
Special Employment Exchange.
All educational institutions to reserve seats for persons with disabilities.
Non-discrimination in transport, on the road, in the built environment, in Government Employment.
Principles
The core concepts in the DDA 1995 are, instead:
less favorable treatment
Principles
The core concepts in the DDA 1995 are, instead:
less favorable treatment
employers are likely to find it reasonable to provide accessible IT equipment;
many shops are likely to find it reasonable to make their premises accessible to wheelchair users;
councils are likely to find it reasonable to provide information in alternative formats (such as large print) as well as normal written form.
Structure and main articles
Preliminary
The central coordination committee
The state coordination committee
Prevention
Structure and main articles
Preliminary
The central coordination committee
The state coordination committee
Prevention
Education
Employment
Affirmative action
Non-discrimination
Other articles
Research and manpower development
Recognition of institutions for persons with
Other articles
Research and manpower development
Recognition of institutions for persons with
Institution for persons with severe disabilities
The chief commissioner and commissioners for persons with disabilities
Social security
Miscellaneous
Practical realization
The Rights of Persons with Disabilities Act, 2016 replaces the erstwhile Persons with
Practical realization
The Rights of Persons with Disabilities Act, 2016 replaces the erstwhile Persons with
The law on protection and prohibition of discrimination of the disabled has come into effect on April 19, 2017. The rules thereunder have been made effective from June 15, 2017.
Key features of the disability law
‘Disabled persons’ have been categorized as:
Key features of the disability law
‘Disabled persons’ have been categorized as:
The definition of ‘person with disability’ under the Disabilities Act, 2016 is an inclusive definition as opposed to the exhaustive definition provided under the Disabilities Act, 1995 and includes 21 types of disabilities as ‘specified disabilities’. The Disabilities Act, 1995 covered only 7 types of disabilities.
While majority of the obligations under the Disability Law are cast upon the appropriate government and/or local authorities; certain obligations/duties are also cast upon establishments (including in the private sector).
All establishments (including in the private sector) are required to frame and publish an Equal Opportunity Policy.
It prohibits discrimination of persons with disabilities, unless it can be shown that the act of discrimination was a proportionate means of achieving a legitimate aim.
Other key features
Additional benefits such as right to free education
Other key features
Additional benefits such as right to free education
Reservation in vacancies in government establishments7 has been increased from 3% to 4% for certain persons or classes of persons having benchmark disability.
For ensuring speedy trial, special courts are to be constituted in each district to handle cases concerning violation of rights of persons with disabilities.
Enhanced penalties with a monetary penalty extending up to Rs. 500,000 (~USD 7750) and imprisonment extending up to 5 years.
Significance - The hits
With the increase of industries in India, the
Significance - The hits
With the increase of industries in India, the
According to the United Nations, around one billion people live with disabilities globally. Among them, 40 to 80 million live in India23. Prejudice, coupled with lack of facilities and opportunities, has often curbed them from leading a normal life. Given the mandatory requirement to build equal opportunities for the disabled, the above statistics are likely to reduce in the years to come.
The hits
The Disability Law aims at addressing the problems faced by
The hits
The Disability Law aims at addressing the problems faced by
Social attitudes and stigma have been a major reason for limiting the opportunities of the disabled whether it be in their social and economic life or even within their own families. Despite the magnitude of the issue, awareness on disability issues have been lacking. To that extent, the government’s initiative to conduct, encourage, support and promote awareness campaigns and sensitization programmes is a remarkable step.
The Disability Law is a sign that the government is making a move towards a more inclusive and progressive society, where persons would not be limited by their disabilities. This would ensure that employment standards in India are brought in line with international standards.
Significance - The misses
While the initiative taken by the government in
Significance - The misses
While the initiative taken by the government in
The Disability Law does not provide a transition framework or a timeline for ensuring compliance under the Disabilities Act, 2016.
The obligations cast upon private establishments under the Disability Law such as providing training to the disabled, assistive devices, ensuring accessibility norms etc. would entail additional costs for employers. While government establishments should be able to accommodate these additional costs, the Disability Law does not provide for any incentives to private establishments to enabling them to set- off the costs incurred.