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Q. What are the goals of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full participation) Act, 1995? ¨

To integrate person with disabilities and provide them with opportunities for full participation in society ¨ To create a society in which disabled persons would enjoy status on par with non-disabled person

Q. Are all disabled people entitled to the benefits of the disabilities Act?

A. The general benefits of the disabilities Act are meant for all disabled persons. However the rights earmarked specially for “persons with disability” are for only those affected by any of the following disabilities, to the extent of 40% or more, as certified by a Recognised medical authority: ¨ Blindness ¨ Low-vision ¨ Leprosy-cured ¨ Hearing impairment ¨ Locomotor disability, or any form of cerebral palsy ¨ Mental retardation ¨ Mental illness ¨

Q. How does the disabilities Act set out to achieve its goals?

A. To achieve its goals, the Disabilities Act provides for the following: ¨ Education of disabled persons ¨ Employment of disabled persons ¨ Special facilities for disabled persons for use and access of public transport system, civic amenities and public buildings / places ¨ Preferential allotment to help disabled persons set up businesses and factories, build own houses, special schools and special recreation Centres. ¨ Prevention and early detection of disabilities ¨ Rehabilitation and social security of disabled persons ¨ Research and manpower development on disability issues ¨ Recognition of institutions for disabled persons ¨ Settings up of dedicated authorities at central and state levels, for “coordination”, “execution” and “adjudication” with regard to implementing the Act. Finding ways of preventing disability in the first place can save much agony. What does the act say about that?

Q. What steps must be taken by the government for prevention and early detection of occurrence of Disability?

A. Government and local authorities must: ¨ Undertake surveys, investigations and research on causes of disabilities ¨ Promote various methods of preventing disabilities ¨ Screen all the children at least once a year to identify ‘at risk’ cases ¨ Organise awareness campaigns and disseminate information for general hygiene, health and sanitation ¨ Take measures for pre-natal, perinatal and post-natal care of mother and child ¨ Educate the public through pre-schools, schools, primary health centres, village level workers and anganwadi workers ¨ Create awareness among the masses, through television, radio and other mass media, on the causes of disability and preventive measures “I am well-qualified, but because of my disability no one employs me. Will the act help me find a suitable job?”

Q. What does the Disabilities Act provide for employment of disabled persons?

A. The Act provides the following to ensure employment for disabled persons: ¨ 3% vacancies on identified posts in each government establishment are reserved for disabled persons, 1% each for:
(i) persons with blindness or low vision
(ii) persons with hearing impairment and
(iii) persons with locomotor disability or Cerebral Palsy ¨

Carry-forward of a reserved vacancy in the next recruitment year if not filled in a recruitment year. Filling up of the reserved vacancy by interchange among the three categories in the next recruitment year if it remains unfilled or when a vacancy cannot be filled by a given category of disabled persons due to the nature of the vacancy. ¨ Formulate schemes on related matters like: Training, relaxation of upper age limit, regulating the employment, health and safely measures, creation of a non-handicapping environment in work-places employing disabled persons ¨ 3% reservation for persons with disabilities in all poverty alleviation schemes

Q. How does the Act protect a disabled person from discrimination at work?

A. The Act stresses that employers must provide for a non-handicapping environment in places where persons with disabilities are employed. The Act also mandates that: ¨ A disabled person working in any government establishment cannot be denied promotion merely on the ground of his disability. ¨ Anyone employed in a government established who acquires a disability during his employment: v Cannot be dispensed with or reduced in rank v If, after acquiring the disability, an employee is not suitable to continue on his post, he may be shifted to a suitable post with the same pay-scale and service benefits v Pending availability of a suitable post, a supernumerary post should be created for such a person.

Q. Does the Act provide for employment in the private sector?

A. There are no reservations mandated for the private sector. However, the Act mandates that the government must announce schemes providing incentives to employers in public and private sectors to ensure that at least 5% of the workforce comprises persons with disabilities.

Q. Does the Act promote entrepreneurship/ownership amongst disabled people?

A. Yes, the Disabilities Act provides for preferential allotment of land to disabled persons at concessional rates by the government for building their own houses, setting up of any business or factories and establishing special schools, research centres or special recreational centres.

Q. Is there any duty on the government’s part to provide and promote education among disabled persons?

A. Yes, to provide education to persons with disabilities, the government must: ¨ Ensure free education for every disabled person, in an appropriate environment, till 18 years of age ¨ Promote integration of disabled students in mainstream schools ¨ Promote setting up of special schools in the government and private sectors, equip these schools with vocational training facilities and ensure that disabled students living in every part of the country have access to such schools ¨ For infrastructure and other support, announce schemes for: v Transport facilities for disabled children or, in the alternative, financial incentives to parents/guardians to enable their disabled children to attend schools v Removal of architectural barriers from schools, colleges or other institutions imparting vocational and professional training to make them accessible v Supply of books, uniforms and other material to disabled children v Grant of scholarships to disabled students v Setting up of appropriate forums for redressal of grievances of parents regarding placement of their disabled children v Suitable modification in the examination system for the benefit of visually impaired students, to eliminate purely mathematical questions v Restructuring of curriculum for the benefit of all the disabled children, specifically for students with hearing impairment, allowing learning in only one language v Amanuensis (scribes/writers) for visually impaired students ¨ To develop institutional support, set up adequate number of teachers’ training institutions and assist the national institutions and assist the national institutes and other voluntary organisations to develop teachers’ training programmes specialising in disabilities ¨ Make schemes in the area of non-formal education of disabled persons ¨ All government educational institutes, and those receiving aid from the government, must provide 3% reservation for persons with disabilities “I dream of going to school like other children… can the disabilities act make this dream come true for me?” But I can’t travel in any public transport or access most buildings. What about this?

Q. What should the government do to prevent discrimination against disabled persons in using modes of transport?

A. Government establishments related to the transport sector must: ¨ Adapt rail compartments, buses, vessels and aircraft for easy access and use by disabled persons ¨ Adapt toilets in rail compartments, ships and other vessels, aircraft and waiting rooms for the convenience of wheelchair users

Q. What should the government do to protect discrimination in use of roads?

A. The government must provide for: ¨ Installation of auditory traffic signals, engraving on the surface of zebra crossings and on the edges of railway platforms to assist visually impaired persons ¨ Slopes in pavements for easy access of wheelchair users ¨ Devising appropriate symbols of disability ¨ Installation of warning signals at appropriate places

Q. What should the government do to enable disabled persons to access public buildings?

A. The government must provide the following in public buildings: ¨ Ramps in all public buildings ¨ Adapted toilets for wheelchair users ¨ Braille symbols and auditory signals in lifts ¨ Take such steps to ensure a barrier-free environment in public places, work places, public utilities, schools and other institutions

Q. What should the government do for providing ‘social security’ and ‘rehabilitation’ of disabled persons?

A. The government must: ¨ Frame schemes for payment of ‘unemployment allowance’ to disabled persons registered with the Special Employment Exchange for more than two years but still unemployed ¨ Issue notification framing ‘insurance scheme’ or ‘security scheme’ for its employees with disabilities ¨ Undertake ‘rehabilitation’ of all disabled persons to enable them to reach and maintain optimal physical, sensory, intellectual, psychiatric or social functional levels, including providing aids and appliances Who implements the act? Is there any special office for redressal of our grievances?

Q. Who is the implementing authority under the Disabilities Act?

A. The Disabilities Act provides for the following authorities: ¨ Chief Commissioner (at the Central level) and State Commissioners ¨ Central and State Coordination Committees ¨ Central and State Executive Committees

Q. What are the powers of Chief Commissioner/State Commissioners?

A. The Chief Commissioner may, on his own, or on the application of any aggrieved person, or otherwise, look into complaints with respect to: v Deprivation of rights of disabled persons v Non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions framed for welfare and protection of rights of disabled persons ¨ The Chief Commissioner may thereafter take up the matter with the appropriate authorities ¨ The Chief Commissioner shall also: v Coordinate the work of the State Commissioners v Monitor the utilisation of funds disbursed by the Central Government v Safeguard the rights and facilities available to disabled persons v Submit reports to the Central Government on the implementation of the Act at regular intervals ¨ The State Commissioner have the same power/functions at the State level

Q. What are the functions assigned to the Coordination Committees?

A. The Central and State Coordination Committees-at Central and State levels respectively-must review and coordinate the activities of all government departments and NGOs and advise the respective government on formulation of disability-related policies, programmes, legislation and projects. They must also monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of disabled people and such other functions as may be prescribed by the government.

Q. What are the functions assigned to the Executive Committees?

A. The Central and State Executive Committees have been – at Central and State levels, respectively – must carry out the decisions of he Central Coordination Committee and perform other functions which may be delegated to it by the Coordination Committee. What can I do?

Q. What must a disabled person do to enforce the rights created under the Disabilities Act?

A. A disabled person can make representations to the concerned government and/or the concerned establishment, if there is deprivation or violation of any right provided under the Disabilities Act. If there is no response, or if the response is negative/inadequate, one can approach the concerned Commissioner of Disabilities. Alternatively, one can file a Writ Petition under Article 226 of the Constitution of India, in the concerned High Court. If there is any violation of a Constitutional right also, of national importance, a Writ Petition can be filed under Article 32 of the Constitution, before the Supreme Court.

Q. What can be done against violations of the rights under the Disabilities Act, that affect an entire group of disabled people?

A. A disabled individual or a group of disabled individuals or even a concerned NGO, may, on behalf of the affected group or class, initiate Public Interest Litigations (PILs) in the High Court, or, where it also amounts to violation of Constitutional rights of national importance, in the Supreme Court. For instance, PILs may be initiated on issues regarding education and/or employment of the disabled, use and access in public transport system, civic amenities, public buildings, or the like, which affect and benefit more than one disabled person.
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Employment & Vocational Training

• Employment & Vocational Training
• Special Employment Exchanges
• Special Cells in States
• VRC's & RRTC's
• Vocational Training Centres associated with Schools
• AYJNIHH-NGO Collaborated Vocational Training Centres
• Vocational Training Centres For Adult Hearing Impaired

Government of India have reserved 3% of vacancies against identified posts in Group ‘C’ and Group ‘D’ for people with disabilities in Central Government Ministries, Public Sector Undertaking and Banks. The categories of handicapped persons benefited by this scheme are the Blind, the Deaf and the Orthopeadically handicapped with 1% reservation for each category.
A Committee set up by the Ministry of Social Justice and Empowerment made an in-depth study of the various jobs done in Government Offices as well as Public Sector Undertakings and identified 1100 posts out of 3000 posts listed in the National Classification of Occupations as suitable for handicapped persons. For the first time the Committee had also identified the physical requirements for all these jobs.
In giving jobs to persons with disabilities, the Government has announced some other concessions which are as follows:

1. Disabled person who are otherwise qualified to hold clerical posts and who are certified as being unable to type by the Medical Board or a Civil Surgeon where there is no such board, have been exempted from typing qualification.
2. Disabled persons have been granted relaxation in upper age limit up to 10 years for appointment to the clerical and subordinate cadre posts.
3. All people with disabilities can be given posting subject to administrative constraints, near their places of residence. The ban on recruitment has been relaxed in favour of identified posts to be filled by disabled people.
4. Disabled persons are exempted from payment of application and examination fee prescribed for the recruitment of clerical posts and other cadres in Public Sector Banks and Financial Institutions.
5. Disabled persons are not to be subjected to the usual medical examination by the appointing authorities but their physical fitness should be decided on the basis of the report of the Medical Boards attached to the Special Employment Exchanges for the Physically Handicapped for their recruitment to group ‘C’ and ‘D’ posts. The appointing authorities and the Medical Boards have to view the cases of persons with disabilities with utmost sympathy while considering them for appointment.
   Further Group ‘C’ and ‘D’ employees found medically unfit for the post he is holding and from which he is proposed to be discharged or has been discharged may, wherever practicable, be considered for another identical equivalent post for which he may be found suitable against direct recruitment quota without insisting on the condition of appointment through the employment exchange.
6. Persons with disabilities are not to be denied promotions on medical grounds if they are otherwise fit for promotion and can discharge the duties satisfactorily.

In a Supreme Court Judgment in 1993 the blind eligible candidates can compete and write the Civil Services Examination, which is ordinarily held yearly by the Union Public Service Commission. The Supreme Court further directed that they shall be permitted to write the examination in Braille.
To clear the backlog of vacancies of persons with disabilities, Special Recruitment Drives are undertaken by Staff Selection Commission from time to time. Three last such drives were undertaking in 1987, 1988 and 1990. As a result of these drives undertaken by the Government, over 2000 disabled persons have been provided employment
For assisting the disabled persons in undertaking self-employment ventures and other productive activities, loans are given by the nationalized banks by charging an interest of 4% per annum under Differential Rate of Interest scheme.
Ministry of Petroleum and Natural Gas has reserved seven and half percent of all types of dealership/agencies of the Public Sector Oil Companies, for disabled persons. Similarly, the Ministry has also reserved seven and half percent dealership/agencies for Defence personal who permanently and severely disabled either in war or in military action during peacetime. Also kiosks and telephone booths are also given to handicapped persons to enable them to earn their livelihood.
Various State and U.T. Governments also provide reservation in jobs for the handicapped persons. There is no obligation on private sector to provide employment to the handicapped persons. However, many private sector employers now offer jobs to persons with disabilities realising that their employment is an economically viable proposition.
A number of disabled job seekers are also getting employment through the normal employment exchanges and the special employment exchanges set up for them.

Perspectives to Disability

It has been through ages that disability has far reaching consequences for the personality of an individual, a belief that has led to the development of false notions and prejudices in the community.Our notions about disability and disabled people are generally negative.

We were not born with these notions. Our ideas about disability come from what we see and hear, and the fact remains that we have rarely seen disabled people in everyday roles like others.

Our perceptions also reflect society’s non-acceptance of a person with disability as a person.

This calls for an urgent analysis of existing attitudes and feelings towards disability, in order to determine an informed and realistic approach to the matter. This is precisely what we seek to present here.

Perspectives to Disability:

The Disability movement has come through different models. They are:

1. Traditional or Religious Model
2. Medical & Charity Model
3. Social Model
4. Human Rights Model.

Traditional Model:

In this model, the attitude of the society towards disabled people was atrocious. Disabled people were under the spell of witchcraft—they were treated as sinners. Disability was viewed as a ‘punishment from God’ for the sins committed by disabled people themselves or their relatives during their supposed previous births or ‘Janmas’. Sometimes it was assumed that people who displeased their forefathers would have to pay for it, via their disability. This kind of thinking still exists in many villages, today.

This was a painful period for disabled people, both physically and mentally. They had to go through the nuisance of applying some unknown oil, which could well have been some edible oil without any medicinal effect. The oil would be applied so vigorously that it has would sometimes cause physical damage. Religious poojas and ceremonies to get rid of the witch or the harmful spirit inside the disabled person used to happen very frequently. These kinds of rituals were traumatic and terrifying for adults as well as children

Disabled people were completely isolated from society and from their own families, as well. They would be excluded on social occasions, family gatherings, etc as their presence was not considered worthy enough. Labelled ‘unlucky’, disabled people were forced to stay indoors.

Such ideas were emotionally damaging to them. It would result in feelings of hopelessness because it was supposedly ‘their fate’ and nothing could be done about it. They were led to believe that even feeling frustrated would only make things tougher for them and consequently they would suffer in silence and in isolation.


Medical & Charity Model:

Historically, our idea of disability experienced a lot of changes after World War II. Soldiers returned from the war, injured and disabled—including the soldiers from developed countries such as America and Japan. Although their governments started paying more attention to their welfare, again, they were completely isolated from the rest of the world that they were familiar with.

In the Medical or Charity model, the focus was the disability alone, and how to get it cured—not on the abilities of the person. Medical interventions and rehabilitation were stressed upon, throughout the life of the disabled person. It was at this point that many “special” schools, “special” vans etc, came up. During this period disabled people were treated as passive beneficiaries of charity. It was also believed that they could not be educated, and required medical attention and therapy. The idea of a disabled person working and contributing towards society was almost unthinkable.




Society’s main attitude towards the disabled was pity. Even the families of disabled people would assume they were entirely dependent on them. Expectations of disabled people were low or non-existent.

The focus was on the ‘can’ts’— ‘can’t’ walk, ‘can’t’ see, ‘can’t’ hear instead of on the ‘cans’ and not on the ‘cans’ like ‘can’ study, ‘can’ work, ‘can’ participate.

The disabled were expected to be grateful, and could not complain about being portrayed as tragic victims, even if it made them feel devalued, frustrated and helpless. Disability was regarded as something that required fixing, without which the person with the disability could not feel satisfied with himself/herself.






Social Model:

At some point disabled people became exasperated with the medical interventions of the medical model and wanted to contribute towards the society, themselves. They no longer wanted to be passive beneficiaries of charity. Thus emerged the social model.
This was a period when people started to focus on the person, and not on his or her disability. Disabled people themselves, started wanting to be seen as contributing members of the society. They wanted to run businesses, socialise, play sports, benefit from entertainment, and so on.


Society, at this point used to regard disabled people either as super heroes or as super-crippled. There existed the concept of hyper compensation and other related myths, and disabled people were never viewed as normal human beings. That visually impaired people, in particular, are especially gifted with musical abilities; that they have a sixth sense; that when one faculty is denied, there is an automatic compensatory effect; that if eyesight is lost, inner eyes or ‘spiritual eyes’ open up; that blind and other persons with disabilities have powerful memories - these and many such beliefs prevailed.

Research and experience have proved conclusively that it is not ‘extra compensation’ or ‘the sixth sense’ which help the blind, but consistent and rigorous training and application of the remaining senses.

What people failed to realise was the actual potential of disabled people—as separate individuals.
Fortunately, though, as a result of adopting the Social Model, the disabled person may feel like a partner in mutual endeavour. He or she may feel more valued, and less isolated, frustrated and passive.

This model advocated the idea: “Teach me skills. Don’t treat my ills”.

Human Rights Model:

It is in this model that disabled people started to fight for their rights
In the social model they accepted the challenge provided by the environment and adjusted to it. But in the human rights model, it is recognised as a basic right that the environment must be adapted according to their needs and that they should not have to challenge the physical or attitudinal barriers of the society— which was a common feature in the social model. They have the right to be included in schools, job establishments etc, the right to access to public buildings, public transports and information.
Attitude of the Rehabilitation Professionals
Often, even rehabilitation professionals tend to have certain stereotyped ideas about people with disabilities. Some attitudes and stereotypes held by them are as follows:

1. Perfectionism.

For example, the physiotherapist may want the person with disability to be as normal and as independent as possible, which is not possible in reality. This attitude does not the disabled person to feel comfortable being themselves because the professional thinks that he or she is the best to judge. They care little about how the person with the disability feels.

2. Dependence

Frequently, they assume that a disabled person cannot find his or her own way of doing things.

3. Disability

The disability of the individual is generally given more importance than the person himself.


INVITATION OF APPLICATIONS FOR THE NATIONAL SCHOLARSHIP FOR PERSONS WITH DISABILITIES [2008-09]
Applications[in English or Hindi] are invited latest by 15th July 2008 in the prescribed proforma from the persons with disabilities to award the National Scholarships for the year 2008-09 for pursuing technical and professional courses from recognized institutions. Details containing the eligibility conditions etc and the prescribed proforma for the application can be downloaded from Ministry’s website : www.socialjustice.nic.in or the same can also be obtained from the Facilitation Centre of this Ministry, in the “A” Wing, Shastri Bhavan, New Delhi-110001.

Applications for the scholarships, are to be sent to Section Officer [DD.IV] [Telephone-01123382391], Ministry of Social Justice & Empowerment, Room No.242, ‘A’ Wing, Shastri Bhavan, New Delhi-110115. Applications received other than through the institutions concerned or after the last date or incomplete in any respect [i.e. without requisite information or documents] can not be considered.





Schemes & Facilities provided by Central & State Government:

• National Institute for Hearing Handicapped
• Disability Act
• ADIP Scheme
• NHFDC
• State Government Schemes
• Government Schemes Central

Scheme of Integrated Education for The Disabled Children

This is a Centrally Sponsored Scheme launched in 1974 by the Department of Social Welfare and after transferred to Dept. of Education in 1982. Under the scheme handicapped children are sought to be integrated in normal school system.
The Hearing Handicapped (mild and moderate impaired only) are provided following allowance and facilities under this scheme:

1. Books and stationery allowance of Rs.400/- p.a.
2. Uniform allowance of Rs.50/- p.a.
3. Transport allowance of Rs.50/- per month (if a disabled child admitted under the scheme residing in a hostel of the school within the school premises, no transportation charges would be admissible). Disabled children residing in school hostels within the same institution where they are studying may also be paid boarding and lodging charges as admissible under Govt. rules/schemes.
   Where there is no State scheme of scholarships to hostellers, the disabled children, whose parents income does not exceed Rs.3000/- per month, may be paid actual boarding and lodging charges subject to maximum of Rs.200/-p.m.
   For further details/procedures please contact the nearest authority of State Department of Social Welfare.

Scholarships For The Disabled

The Scheme of Scholarship is operated by union Ministry of Social Justice and Empowerment through State Governments to disabled persons from the 9th class onwards for general technical or professional education. The scholarhip is awarded all kinds of handicapped students subject to their obtaining of atleast 40% marks at the last annual examination. The rate scholarships are as follows: Note:

1. The above rates were effective from the academic year 1986-87.
2. The students in vocational courses will get the scholarship at the rate of the scholarship provided in the above categories according to the level of diploma/certificates.
3. In addition to the scholarship the orthopaedically handicapped students will also be eligible for maintenance of prosthetic/orthotic aids @ Rs.25/- p.m. and the transport allowance @ Rs.50/-p.m. irrespective of the class and course subject to conditions under clause 5 of the rules.

Eligibility Requirement: The person shall have the hearing disabled as given below:

1. The person should be hearing handicapped, fulfilling the criteria given the following definition: The hearing handicapped are those in whom the sense of hearing is non-functional for ordinary purposes of life, they do not hear/understand sound at all even with amplified speech. The case included in this category will be those having hearing loss more than 70 decibels in the better ear (profound impairment or total loss of hearing in both ears).
2. Nationality: A disabled person who is a citizen of India may apply for scholarship under this scheme.
3. 1. Educational Requirements: A disabled candidates will be eligible for the award of scholarship for study from Ninth standard onwards. The candidate should have secured at least 40% marks at the previous annual examination.
   2. Music Course: A disabled should have passed madhyamik or its equivalent examination at least in second division from a college affiliated to a University or to an Institution of all India Character approved by the Central Government.
   3. Vocational Course: A disabled person should be undertaking a vocational training course in any vocational training center/workshop/ITI or any other center run by the Central/State Govt./Local Body or any voluntary organization or Institution recognized by Cenral/State Govts. This will also include apprenticeship or training in a recognized Institution or in industries. Lack of academic qualification need not be a bar to vocational training.
4. Income: No scholarship will be admissible if the combined monthly income of the parents/guardian of the candidate is more than Rs.2000/- (Rupees two thousand). (A certificate to this effect will have to be submitted). However, keeping in view the difficulties faced by handicapped students to get income certificates, it has been decided that certificates of income from various, authorities need not be insisted upon, before granting a scholarship, a voluntary declaration from the parent/guardian of the student should be taken.
5. Other Requirements:
   1. Course: A disabled person must be studying a full time course or correspondence course in an educational institution affiliated to a Board/University. Music course in an institution affiliated to a University or an organization approved by the State or Central Govt. or working as trainee in a recognized institution or commercial industrial establishment approved by the Central or State Govt. in this regard.
   2. A disabled students who under any scheme of the Central/State govt. has received craft training free of cost, or undergone a course of general education free of cost will be eligible for consideration for scholarship for higher technical training or higher education. The students who want to go in for academic courses after doing craft training and vice-versa shall not however, be considered for scholarship.
   3. A disabled person in receipt of assistance for free boarding and lodging facilities from any voluntary or State source will be eligible for the scholarship as applicable to the day scholar, provided he or she paid tuition fees. A candidate will have to furnish an undertaking duly counter-signed by his/her parent/guardian stating that he/she is not in receipt of assistance from any other source. In the event of the undertaking being found false the granting of further scholarship will be stopped and amount already paid will be recovered from the parent/guardian or from the candidate himself if he/she is an adult.
   4. Scholarship will not be awarded:
      1. for pursuing a parallel course of study e.g. scholarship will not be awarded to an M.A. in Economics to pursue study in M.A. Politics.
      2. For study outside India
      3. For pursuing academic/technical course if candidate has already completed a conventional course/training.
      4. For undertaking any training course for the second time.
   5. A candidate who has received any vocational training in any Institution including any Central or State Govt. organizations shall be considered for the award of scholarship to work as trainee in any establishment approved by the Central or State Govt.

Tenure of Scholarship: The scholarship will be tenable for a particular stage of study and is renewable from year to year within the stage of education and it will depend on promotion to the next class. However, the scholarship would be limited to a period of six years after class XII. The stage of study is given below:

1. From 9th Std. Leading to pre-degree course or its equivalent examination.
2. For the courses after pre-degree or its equivalent examination upto first degree examination Viz. B.A./B.Sc./B.Com/Medical/Engineering,etc.
3. For post graduate course i.e. M.A./M.Sc./M.Com./LLB/B.Ed./C.A./C & W Accountancy/ ompany Secretaryship, etc.
4. For the following courses in Vocational/Techinical professionals apprenticeship.
   1. for the certificate course
   2. for the diploma course
   3. for the post diploma course
5. The period of training in commercial or any other establishment or other training shall in each case be decided by the establishment in consultation with the state Dept. of Social Welfare provided that the period shall not exceed one year, say, with specific approval of the department on the basis of exceptional circumstances set down in writing.

Mode of applying:

1. Applications should be made to the state Dept.of Social Welfare in the prescribed form through the head of the Institution where the candidate is admitted as a student/apprentice /trainee.
2. Documents to accompany application.
   1. Medical certificate from a Registered Medical Practitioner/ENT Specialist of Govt. Institution/Hospital
   2. Audiogram
   3. Statement of Marks: Marks sheet of the previous examination passed indicating percentage of marks duly attested by a Gazetted Officer of the Central/State Govt. or head of the Institution concerned or MLA/MP

Award of Scholarship:

1. All applications shall be considered by the State Dept. of Social Welfare in consultation with such experts as it may consider necessary to consult. The State Dept. of Social Welfare may refer any case of dispute to the Ministry of Social Justice & Empowerment. The decision of the Union Ministry of Social Justice and Empowerment in regard to the selection or rejection shall be final.
2. Every selected candidate shall be informed of the course for which scholarship has been awarded through the head of the Institution/ establishment/voluntary organization.
3. The expenditure incurred on providing scholarships/ stipends to the disabled persons under this scheme by the State Govt. will be reimbursed to them by the Ministry of Social Justice and Empowerment, Govt. of India.

Children's Educational Allowance

As per the office memorandum issued by the Ministry of Personnel, Public Grievances and Pensions (Dept. of Personnel and Training), grant of children educational allowance, reimburse of tuition fee, etc. to Central Govt. employees will be governed by the Central Civil Services orders, 1988.
As per the order, the reimbursement of tuition fee of Rs.50/-p.m. in respect of physically handicapped and mentally retarded children of the Central Govt. employee is permissible. The disabled children will however, get other assistance under this scheme as per rates prescribed for the normal children.

Railway Travel Concession

The Ministry of Railway allows the disabled persons/patients to travel at concessional fares in Indian railways.
Deaf persons are allowed 50% concession in single and return journey rail fares on production of Medical Certificate issued by the Govt. Medical Officer. After verifying the certificate concessional tickets will be issued by the station master.
50% concessions is also allowed in monthly seasonal (first and second class) ticket fares to the deaf. No concession will be allowed for the escort of the deaf person. Permission is also given to travel by 2tier-AC sleeper on payment of the concessional fare for first class and full surcharge leviable on 2 tier AC sleeper. Procedures to avail Railway Concession: The deaf persons intend to travel by rail at the concessional rate are required to do the following formalities.

1. The candidate should obtain the copy of prescribed concession certificate.
2. The concession certificate should be filled up by Govt. Doctor.
3. Two zerox copies of the concession certificate be submitted to the station master at the time of purchasing tickets.
4. The original certificate be kept with the candidate. The same be produced on demand during purchasing of tickets and journey.

Reservation of Jobs

The Govt. of India has reserved 3% vacancies against identified posts in Group ‘C’ and Group ‘D’ for the disabled. The categories of handicapped persons benefited by this scheme are the blind, the deaf and the orthopaedically handicapped on 1% reservation for each category in the Central Govt. services, Public Sector Banks and Govt. Undertakings. Roster: A roster (100 point) has been prescribed for giving effect to reservation of jobs for physically handicapped persons. In this roster 67th vacancy occurring in a particular year would be reserved for the deaf. Carry Forward: If in any year the vacancy reserved for the physically handicapped categories are not filled, reservation are required to be carried over for a period upto three recruitment years. Age Relaxation: The physically handicapped persons are entitled to relaxation in upper age limit upto 10 years for appointment to clerical and subordinate posts. They are also exempted from payment of application and examination fee prescribed for recruitment of clerical and sub staff cadres in public sector banks and financial institutions. Promotion: The physically handicapped persons are not to be denied promotion on medical grounds if they are otherwise fit for promotion and can discharge the duties satisfactorily. Identification of Jobs: The banks had identified jobs in the clerical and subordinate cadres which the blind, the deaf and the orthopaedically handicapped persons can perform. Posting of Physically Handicapped Candidates: It has been decided vide Ministry of Personnel, Public Grievances and Pensions (Dept. of Personnel and Training) O.M.No.14017/41/90 Estt (RR) dt.10/5/90 that in the case of holders of Group “C” or Group “D” post who have been recruited on regional basis and who are physically handicapped, may be given posting, as far as possible, subject to administrative constraints, near their native places within the region. Requests from physically handicapped employee for transfer to or near their native places may also be given preferences.

How to Avail Job Reservation

Special Employment Exchanges for the Physically Handicapped is set up in all State Capitals and Special cells for the handicapped is set up in district head quarters through which circulation of vacancies for the handicapped in Group “C” and “D” posts of state/central Govt. is made. Handicapped who register for employment with special employment Exchange/ special cell will be intimated of the vacancy and sponsored for interview/selection etc. Where there are no special employment exchanges for the handicapped, the special cells for the handicapped are established in the Employment Exchanges. Handicapped can avail the benefit through registering at this centers. Also there are Vocational Rehabilitation Centres established in 17 places through out the country who also registers such cases for employment. Hence all the handicapped shall register their names with such centers for employment.

Income Tax Concessions

Section 80 D: Section 80 DD provides for a deduction in respect of the expenditure incurred by an individual or HUF resident in India on the medical treatment (including nursing) training and rehabilitation etc. of handicapped dependants. For officiating the increased cost of such maintenance, the limit of the deduction has been raised from Rs.12000/- to Rs.15000/-
Section 80 V: A new Section 80 V has been introduced to ensure that the parent in whose hands, income of a disabled minor has been clubbed under Section 64, is allowed to claim a deduction upto Rs.20000/ in terms of Section 80U, which provides for a deduction of Rs.20000/- in case of an individual who is suffering from a permanent disability (including blindness) or is subject to mental retardation.

Other Concession

The Government of India have recently announced the following additional concessions for individual or Hindu Undivided families which have a relative who is physically disabled, blind or mentally retarded.
An assessee who is resident in India being an individual or Hindu Undivided Family has during the previous year incurred any expenditure for the medical treatment (including nursing), training and rehabilitation of a person who is a relative of the individual or is a member of the Hindu Undivided Family and is suffering from permanent physical disability including blindness or mental retardation shall be allowed a deduction of Rs.6000/-. His deduction will not be allowed where his total income exceeds Rs.1,00,000/-
In his budget speech on 15th March, 1995 Shri Manmohan Singh, Finance Minister, Govt. of India, made the following announcement:

1. Deduction from the total income of handicapped persons under section 80U of the Income Tax Act has been raised from Rs.20000/- to Rs.40000/-.
2. A deduction of Rs.20000/- from the taxable income of the parents or guardians of handicapped children has been allowed provided this amount is deposited in any approved scheme of LIC, UTI, etc.

Professional Tax Exemption

Handicapped persons are also exempted from payment of professional tax. He/she has to submit the disability certificate to the employer for such exemption

Award of Dealerships/Agencies by Oil Companies

Award of Retail Outlet, 2/3 Wheeler Outlet, Kerosene-LDO Dealership and LPG Distributorships:
Ministry of Petroleum & Natural Gas has reserved 7.5% of all type of dealership agencies of the public sector oil companies for Physically Handicapped/Govt. personnel (other than defense personnel disabled on duty/windows of Govt. personnel (other than defense personnel who die in the course of duty)
The oil industry appoints its dealers/distributors through an advertisement in one English daily and one regional daily having maximum circulation in the district in which the dealership distributorship is to be located.

Eligibility criteria

1. Indian National
2. Age group (between 21-30 years)
3. Educational qualification (matriculation or equivalent)
4. Physically handicapped persons should produce a certificate from Civil Surgeon/CMO or Superintendent of a govt. hospital that he/she is O.H. to the extend of minimum 40% permanent partial of either upper or lower limb or both upper and lower limbs together Partially HH candidates are also eligible. Totally blind persons are eligible to apply for retail outlet/ kerosene/LDO dealership. They are however not eligible for LPG distributorship.
   Income: The candidats income should not be more than Rs.50,000/- p.a. Income for this purpose would include the income of the candidate, his/her spouse, dependent children put together. In case of dependent, his/her parents income would also be taken into consideration.
   Application form: Standard formats can be obtained from divisional/regional area office of the concerned oil companies.

Economic Assistance

Public Sector Banks: Physically Handicapped persons are eligible to take loans under the scheme, if they satisfy the following conditions:

• Should be pursuing a gainful occupation.
• Family income from all sources should not exceed Rs. 7200/- p.a. in urban or semi-urban areas or Rs. 6400/- p.a. in rural areas.
• Should not have hand holding exceeding 1 acre if irrigated, and 25 acres if un-irrigated.
• Should not incur liability to two sources of finance at the same time.
• Should work largely on their own and with such help as other members of their family or some joint partners may give them and should not employ paid employers on a regular basis..
• Amount of loan: The amount of loan will depend on the particular scheme proposed to be financed. It should be adequate to enable the borrower to finance his requirements without having to borrow from other sources. The normal limit will be Rs. 6500/- for working capital loan and Rs.5500/- for a term loan.

Rate of Interest: Keeping in view the social objective the interest will uniformly be charged 4% p.a. Physically Handicapped persons are eligible under DRI scheme for loan to purchase artificial limbs, hearing aids, wheelchairs etc., subject to maximum of Rs. 2500/- per borrower provided such assistance is given alongwith the advances for productive activities and self employment ventures and all other requirements under DRI scheme are fulfilled.
Under the scheme of “Financing Small Scale Industries”, a special provision has been made to allow concession of ?% in the interest to the physically handicapped availing working capital limit above Rs.2500/- and upto Rs. 2 lakhs. Contact: The Manager of any public sector banks or its subsidiaries can be contacted for further details.





June 4, 2008

To

All Scheduled Commercial Banks
(excluding RRBs)

Dear Sir,

Banking facilities to the visually challenged

It has been brought to our notice that visually challenged persons are facing problems in availing banking facilities. It may be noted that banking facilities including cheque book facility / operation of ATM / locker etc. cannot be denied to the visually challenged as they are legally competent to contract.

2. It may be recalled that in the Case No. 2791/2003, the Honourable Court of Chief Commissioner for Persons with Disabilities had passed Orders dated 05.09.2005 which was forwarded by IBA to all the member banks vide their circular letter dated October 20, 2005. In the above Order, the Honorable Court has instructed
that banks should offer all the banking facilities including cheque book facility, ATM facility and locker facility to the visually challenged and also assist them in withdrawal of cash. Further, in Para 14 of the above Order, the Honorable Court has observed that visually impaired persons cannot be denied the facility of cheque book, locker and ATM on the possibility of risk in operating / using the said facility, as the element of risk is involved in case of other customers as well.

3. Banks are therefore advised to ensure that all the banking facilities such as cheque book facility including third party cheques, ATM facility, Net banking facility, locker facility, retail loans, credit cards etc. are invariably offered to the visually challenged without any discrimination. Banks may also advise their branches to render all possible assistance to the visually challenged for availing the various banking facilities.

(Sorce: AccessIndia Mailing List)

SELECTED AS STAKE HOLDER @ GOVERNMENT LEVEL

HELPING HAND WITH DISABILITY :

DISABLED PERSONS HAVE AN EFFECTIVE LEGAL TOOL TO END CENTURIES OF INJUSTICE & DISCRIMINATION.

With the first ever comprehensive human rights treaty of persons with disabilities marking it’s entry on May3, a new reality has been set in motion in which the dignity and worth of about 650 million persons throughout the world can finally be affirmed, promoted and ultimately ensured. The world’s most disadvantaged minority now has at its disposal an effective legal tool to end centuries of injustice, discrimination and violation of rights. The convention on the rights of persons with disabilities, which was adopted by the United Nations General Assembly in December 2006, ushers in a new era in which persons with disabilities can enjoy the same rights and opportunities as everyone else and are able to lead their lives as full citizens, able to make valuable contributions to the society. This potent instrument covers areas where persons with disabilities have long been discriminated against including access to information and services, education, employment, participation in political and public life, participation, in cultural life, recreation, leisure and sport, access to justice, freedom from torture, exploitation and violence as well as freedom of movement. Figures indeed are starling. More than 10 percent of the world population lives with a disability. In disadvantaged and vulnerable sections of the population , this percentage may soar to about 20% as disabilities can arise from malnutrition, maternal under-nourishment and infectious diseases. Conflicts and natural disasters also contribute to the increase in the numbers of persons with disabilities, along with population growth and increased longevity. Since the disability of one family member impacts his/her entire surrounding, it is estimated that a staggering two billion people confront this reality daily. Most persons with disabilities live on the margins of society. Women and girls are usually in most vulnerable situations as they are victims of physical and sexual abuse. Children with disabilities are also extremely vulnerable, being largely excluded from educational opportunities. Data from governments in the Asia-Pacific region indicate a marked disparity in social and economic status between persons with and without disabilities, irrespective of the country’s development status. Countries that ratify the convention undertake to promote, protect and ensure the rights of persons with disabilities, including through the creation of an enabling environment allowing, access to the physical environment, transportation and information and communications technologies. For example by building ramps for wheelchair users to access public buildings, creating accessible websites, providing sign language interpretations, etc. There is also an optional protocol to the convention, aimed at strengthening the convention’s implementations and monitoring process. Three countries in Asia-Pacific have ratified the convention; India, Bangladesh and the Philippines. No government in the region has yet ratified the optional protocol. The entry in to force of the convention is thus the culmination of many years of tireless work . The Asian & the Pacific region, under the leadership of the UN Economic & Social Commission for Asia and the Pacific [ESCAP] has been at the forefront of the movement to secure the rights of persons with disabilities and was the first one to launch a regional decade for persons with disabilities in 1993, which was extended in 2003. The region has also contributed strongly in the drafting of the new convention, with the Bangkok draft, which embodied the region’s perspective, serving as a solid foundation for the global drafting process. The Bangkok draft was the outcome of several years of efforts by many governments in the region, experts and disabled person’s organizations. The entry into force of the convention brings abut new responsibility. While our advocacy work will continue for more countries in the Asian & Pacific region to ratify the convention, those that have already ratified it will need to take effective actions in order to fulfill their new obligations.



Clues 11.43:- PERSONS WITH DISABILITIES. Government Employees with disabilities rekcommended various benefits like enhanced number of casual leave, special aids and appliances for facilitating office work, higher interest subsidy for automobile loans, liberal flexi hours, higher rate of transfort allowances, better prosthetic aids and proper grievances redressal machinery, Extra allowance for disabled women employees to take care kof young child till the child attains the age of two years.



6th Pay Commission Recommendations)

Persons with disabilities in Central Government
Introduction

4.8.1 Government of India has given various incentives for employing persons with disabilities. Three percent reservation is given to persons suffering from:-

Blindness or low vision;
Hearing impairment;
Locomotor Disability or cerebral palsy;

Persons with minimum disability of 40% or higher are eligible. The 3% reservation in Group C & D is with reference to total strength of the cadre and in Group A & B, it is with reference to identified posts in the cadre. Existing percentage of persons with disabilities in various grades in the Government is as under: -

Group A 3.07%
Group B 4.41%
Group C 3.76%
Group D 3.18%

Facilities currently available

4.8.2 Apart from reservation in the initial appointment, other facilities are also available for these employees. These facilities apply during in-service employment and are briefly enumerated as under:-

(i) Relaxation in upper age limit of upto 10 years when recruitment is made through open competitive examinations and of 5 years when recruitment is made otherwise through competitive examination.

(ii) As far as possible, they are to be posted near their native region.

(iii) Exemption from typing test in case of clerical post.

(iv) Transport allowance at double the normal rates.
Chapter 4.8
(v) An employee who acquires a disability during his service cannot be dispensed with or reduced in rank.

(vi) Promotion cannot be denied to a person merely on the ground of his/her disability.

(vii) Employees who are disabled or incapacitated on account of causes attributable to or aggravated by
Government service are eligible for special benefits under the CCS (Extraordinary) Pension Rules. Similar
provisions also exist for Defense Forces personnel.

Demands

4.8.3 Associations of employees with disabilities projected the following demands before the Commission:-

(i) Provision of necessary facilities in place of work so as to enable them to discharge their functions efficiently.

(ii) Making available the best prosthetics which would increase their efficiency.

(iii) Grant of liberal conveyance loans as vehicles have to be specifically modified in their case and are, therefore, costlier.

(iv) Better facilities for transportation.




Analysis

4.8.4 Proper facilities for employees with disabilities are essential. Vide Notification dated 1st January, 1996, the Government has also notified guidelines for equal opportunities to the persons with disabilities. National Policy for Persons with Disabilities (enunciated in February, 2006) lists out various measures to be taken by the Government for providing gainful employment to persons with disabilities. United Nation’s
Convention on the Rights of Persons with Disabilities (61st Session held in December, 2006) also stresses the protection of the rights of these persons to just and favorable conditions of work and safe and healthy working conditions. Provisions for the benefit of persons with disabilities are, therefore, not only justified but also mandatory.

Recommendations

4.8.5 A package of benefits over and above the facilities currently available is, therefore, desirable for persons with disabilities working in the Central Government/UTs. The Commission has made recommendations giving special dispensation to this category in various Chapters of the Report. These recommendations are being recounted here. Additionally, some other benefits are also being recommended for persons with disabilities which should be implemented at the earliest :-

(i) Number of Casual Leave available for employees with disabilities should be 12 days as against 8 days for other employees.

(ii) Aids and appliances like dictaphones, braille writing equipments, CD player/tape recorder, low vision aids and other learning equipments that will enable the employees with disabilities to is charge their official functions better should invariably be made available free of charge.

(iii) The office environment should be made user friendly for employees with disabilities. This is also in accordance with the guidelines prescribed in the National Policy for Persons with Disabilities which provide for modifications in the designs of machinery work station and work environment necessary for the persons with disabilities to operate without barriers in the office. Specifically, the guidelines direct the Government to ensure that industrial establishments and offices provide disabled friendly work place for their employees with adequate safety standards being developed and strictly enforced. All Government offices have to follow these guidelines. Article 9 of the UN Convention on the Rights of Persons with Disabilities also enjoins upon the States to ensure accessible work place for these persons. These guidelines are contained in paras 50 and 51 of the National Policy of persons with disabilities and have been reproduced in Annex 4.8.1 of the Report. These guidelines should invariably be observed in all Government offices.

(iv) A higher interest subsidy (4%) has been recommended for automobile loans for employees with disabilities in the relevant chapter.

(v) Liberal flexi hours should be allowed for these employees. Concept of flexi week should be introduced in their case wherein these employees will need to put in the stipulated hours of duty every week which can be calculated with reference to their time of arrival and departure in the office and the number of days they actually attend the office. This is necessary because these employees face difficulties in commuting and also are susceptible to higher medical problems necessitating frequent hospital visits. As such, maintaining regular working hours in their case poses many problems that can be alleviated by liberal flexi hours. This will not have any adverse effect on their output or productivity as they will still need to put in the stipulated weekly hours of duty prescribed.

(vi) Women with disabilities have to face even higher problems while looking after their children. National
Policy for Persons with Disabilities mandates the Government to take up a programme to provide financial support to women with disabilities so that they may hire services to look after their children. Article 6 of the UN Convention on the rights of Persons with Disabilities also recognizes the multiple discriminations faced by women and girls with disabilities and provides that all States shall take appropriate measures in this regard. The Government, as a model employer, therefore, has a duty to provide for extra benefits to the women employees with disabilities especially when they have young children. In view of this, an extra allowance of Rs.1000 p.m. (to be called Special Allowance for Child Care) is recommended for women with disabilities. The allowance shall be payable from the time of child’s birth till the child is two years old. It will be payable for a maximum of two children. This allowance will go up by 25% every time the DA crosses 50%. Education allowance for disabled children of Government employees shall be payable at double the normal rates prescribed.

(vii) Higher Transport allowance at double the rates subject to a minimum of Rs.1000 p.m. for persons with disabilities employed in the Government has been proposed in the Chapter on Allowances other than Dearness Allowance.

(viii) Government of India has been assisting persons with disabilities in procuring modern prosthetic aids and appliances that reduce the effect of disabilities. National Policy for Persons with Disabilities provides for extension of the availability of these devices further with financial support being provided by the public sector banks for enterprises involved in the manufacture of high-tech assistive devices for persons with disabilities. Government has to ensure that all such employees are able to obtain the most modern devices available that will enhance their productivity by reducing the effect of disability. Medical Rules may need to be amended so as to allow the best possible prosthetic aids to the physically handicapped employees. Modification of the extant provisions to provide for Government bearing 50% of the cost exceeding the prescribed limit in case the employee with disabilities opts for a better quality prosthetic aid/appliances whose value exceeds the prescribed limit is, accordingly, being recommended.

(ix) A proper grievance redressal machinery for looking into the interest and welfare of persons with disabilities employed in the Government should be put in place in every office where one or more such employees are posted.

The aforesaid measures along with the extant provisions should go a long way in alleviating the problems faced by persons with disabilities employed in the Government.




National Policy for Persons with Disabilities Ministry of Social Justice and Empowerment
Government of India
No.3-1/1993-DD.III

• Introduction
  
• National Policy Statement
  
• Principal Areas of Intervention
  
• Responsibility for Implementation

Introduction

1. The Constitution of India ensures equality, freedom, justice and dignity of all individuals and implicitly mandates an inclusive society for all including persons with disabilities. In the recent years, there have been vast and positive changes in the perception of the society towards persons with disabilities. It has been realized that a majority of persons with disabilities can lead a better quality of life if they have equal opportunities and effective access to rehabilitation measures.
2. According to the Census 2001, there are 2.19 crore persons with disabilities in India who constitute 2.13 percent of the total population. This includes persons with visual, hearing, speech, locomotor and mental disabilities. Seventy five per cent of persons with disabilities live in rural areas, 49 per cent of disabled population is literate and only 34 per cent are employed. The earlier emphasis on medical rehabilitation has now been replaced by an emphasis on social rehabilitation. There has been an increasing recognition of abilities of persons with disabilities and emphasis on mainstreaming them in the society based on their capabilities. The Government of India has enacted three legislations for persons with disabilities viz. (i) Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which provides for education, employment, creation of barrier free environment, social security, etc. (ii) National Trust for Welfare of Persons with Autism, Cerebral Pa lsy, Mental Retardation and Multiple Disability Act, 1999 has provisions for legal guardianship of the four categories and creation of enabling environment for as much independent living as possible. (iii) Rehabilitation Council of India Act, 1992 deals with the development of manpower for providing rehabilitation services.
3. In addition to the legal framework, extensive infrastructure has been developed. The following seven national Institutes are working for development of manpower in different areas, namely:
   
   
   • Institute for the Physically Handicapped, New Delhi.
   • National Institute of Visually Handicapped, Dehradun
   • National Institute for Orthopaedically Handicapped, Kolkata
   • National Institute for Mentally Handicapped, Secunderabad.
   • National Institute for Hearing Handicapped, Mumbai
   • National Institute of Rehabilitation Training & Research, Cuttack.
   • National Institute for Empowerment of Persons with Multiple Disabilities, Chennai.
   
   
4. There are five Composite Rehabilitation Centres, four Regional Rehabilitation Centres and 120 District Disability Rehabilitation Centres (DDRCs) providing various kinds of rehabilitation services to persons with disabilities. There are also several national institutions under the Ministry of Health & Family Welfare working in the field of rehabilitation, like National Institute of Mental Mealth and Neuro Sciences, Bangalore; All India Institute of Physical Medicine and Rehabilitation, Mumbai; All India Institute of Speech and Hearing, Mysore; Central Institute of Psychiatry, Ranchi, etc. In addition, certain State Government institutions also provide rehabilitation services. Besides, 250 private institutions conduct training courses for rehabilitation professionals.
5. National Handicapped and Finance Development Corporation (NHFDC) has been providing loans on concessional terms for undertaking self-employment ventures by the persons with disabilities through State Channelizing Agencies.
6. Panchayati Raj Institutions at Village level, Intermediary level and District level have been entrusted with the welfare of persons with disabilities.
7. India is a signatory to the Declaration on the Full Participation and Equality of People with Disabilities in the Asia Pacific Region. India is also a signatory to the Biwako Millennium Framework for action towards an inclusive, barrier free and rights based society. India is currently participating in the negotiations on the UN Convention on Protection and promotion of the Rights and Dignity of Persons with Disabilities.

Top

National Policy Statement

The National Policy recognizes that Persons with Disabilities are valuable human resource for the country and seeks to create an environment that provides them equal opportunities, protection of their rights and full participation in society. The focus of the policy shall be on the following:

Prevention of Disabilities

Since disability, in a large number of cases, is preventable, there will be strong emphasis on prevention of disabilities. Programme for prevention of diseases, which result in disability and the creation of awareness regarding measures to be taken for prevention of disabilities during the period of pregnancy and thereafter will be intensified and their coverage expanded.

Rehabilitation Measures

Rehabilitation measures can be classified into three distinct groups: (i) physical rehabilitation, which includes early detection and intervention, counseling & medical interventions and provision of aids & appliances. It will also include the development of rehabilitation professionals. (ii) educational rehabilitation including vocational education and (iii) economic rehabilitation for a dignified life in society.

Physical Rehabilitation Strategies

1. Early Detection and Intervention
   
   Early detection of disability and intervention through drug or non-drug therapies helps in minimization of impact of disability. Therefore, there will be emphasis on early detection and early intervention, and necessary facilities will be created towards this end. Government will take measures to disseminate information regarding availability of such facilities to the people especially in rural areas.
   
   
2. Counseling & Medical Rehabilitation
   
   
   • Physical rehabilitation measures including counseling, strengthening capacities of persons with disabilities and their families, physiotherapy, occupational therapy, psychotherapy, surgical correction and intervention, vision assessment, vision stimulation, speech therapy, audiological rehabilitation and special education shall be extended to cover all the districts in the country by active involvement and participation of State Governments, local level institutions, NGOs including associations of parents and persons with disabilities.
     
   • Currently, rehabilitation services are largely available in and around urban areas. Since seventy five percent persons with disabilities live in rural areas, the services run by professionals will be extended to cover uncovered and un-served areas. Privately owned rehabilitation service centres shall be regulated for maintenance of minimum standards which shall be laid down.
     
   • To expand coverage in rural and unserved areas, new District Disability Rehabilitation Centres (DDRCs) will be set up with support from the State Government.
     
   • The National Rural Health Mission through Accredited Social Health Activist (ASHA) addresses the health needs of rural population, especially the vulnerable sections of society. The ASHA inter-alia will take care of the comprehensive services to the persons with disabilities at the grass root level.
   
   
3. Assistive Devices
   
   
   • The Government of India has been assisting persons with disabilities in procuring durable and scientifically manufactured, modern aids and appliances of ISI standard that can promote their physical, social and psychological independence by reducing the effect of disabilities.
     
   • Every year through National Institutes, State Governments, DDRCs and NGOs, persons with disabilities are provided with devices such as prostheses and orthoses, tricycles, wheel chair, surgical footwear and devices for activities of daily living, learning equipments (Braille writing equipments, Dictaphone, CD player/ tape recorder), low vision aids, special mobility aids like canes for blind, hearing aids, educational kits, communication aids, assistive & alerting devices and devices suitable for the persons with mental disabilities. The availability of devices will be expanded to cover uncovered and under-serviced areas.
     
   • Private, public and joint sector enterprises involved in the manufacture of high tech assistive devices for persons with disabilities will be provided financial support by the public sector banks.
   
   
4. Development of Rehabilitation Professionals
   
   Human resource requirements for rehabilitation of persons with disabilities will be assessed and development plan will be prepared so that the rehabilitation strategies do not suffer from lack of manpower.

Education for Persons with Disabilities

1. Education is the most effective vehicle of social and economic empowerment. In keeping with the spirit of the Article 21A of the Constitution guaranteeing education as a fundamental right and Section 26 of the Persons with Disabilities Act, 1995, free and compulsory education has to be provided to all children with disabilities up to the minimum age of 18 years. According to the Census, 2001, fifty-one percent persons with disabilities are illiterate. This is a very large percentage. There is a need for mainstreaming of the persons with disabilities in the general education system through Inclusive education.
2. Sarva Shiksha Abhiyan (SSA) launched by the Government has the goal of eight years of elementary schooling for all children including children with disabilities in the age group of 6-14 years by 2010. Children with disabilities in the age group of 15-18 years are provided free education under Integrated Education for Disabled Children (IEDC) Scheme.
3. Under SSA, a continuum of educational options, learning aids and tools, mobility assistance, support services etc. are being made available to students with disabilities. This includes education through an open learning system and open schools, alternative schooling, distance education, special schools, wherever necessary home based education, itinerant teacher model, remedial teaching, part time classes, Community Based Rehabilitation (CBR) and vocational education.
4. IEDC Scheme implemented through the State Governments, Autonomous Bodies and Voluntary Organizations provides hundred percent financial assistance for various facilities like special teachers, books and stationery, uniform, transport, readers allowance for the visually handicapped, hostel allowance, equipment cost, removal/modification of architectural barriers, financial assistance for purchase/production of instructional material, training of general teachers and equipment for resource rooms.
5. There will be concerted effort on the part of the Government to improve identification of children with disabilities through regular surveys, their enrollment in appropriate schools and their continuation till they successfully complete their education. The Government will endeavor to provide right kind of learning material and books to the children with disabilities, suitably trained and sensitized teachers and schools which are accessible and disabled friendly.
6. Government of India is providing scholarships to students with disabilities for pursuing studies at post school level. Government will continue to support the scholarships and expand its coverage.
7. Facilities for technical and vocational education designed to inculcate and bolster skill development suited to various types of productive activities by adaptation of the existing institutes or accelerated setting up of institutes in un-served/underserved areas will be encouraged. NGOs will also be encouraged to provide vocational training.
8. Persons with disabilities will be provided access to the Universities, technical institutions and other institutions of higher learning to pursue higher and professional courses.

Economic Rehabilitation of Persons with Disabilities Economic rehabilitation of Persons with disabilities comprise of both wage employment in organized sector and self-employment. Supporting structure of services by way of vocational rehabilitation centres and vocational training centres will be developed to ensure that disabled persons in both urban and rural areas have increased opportunities for productive and gainful employment.

Strategies for economic empowerment of persons with disabilities would be the following.

1. Employment in Government Establishments
   
   The PWD Act, 1995 provides for 3% reservation in employment in the establishments of Government of India and Public Sector Undertakings (PSUs) against identified posts. The status of reservation for Government in various Ministries/ Departments against identified posts in Group A, B, C & D is 3.07%, 4.41%, 3.76% and 3.18% respectively. In PSUs, the reservation status in Group A, B, C & D is 2.78%, 8.54%, 5.04% and 6.75%, respectively. Government will ensure reservation in identified posts in the Government sector including public sector undertakings in accordance with the provisions of the PWD Act, 1995. The list of identified posts, which was notified in 2001, will be reviewed and updated.
   
   
2. Wage employment in Private sector
   
   Development of appropriate skills in persons with disabilities will be encouraged for their employability in private sector. Vocational rehabilitation and training Centres engaged in developing appropriate skills amongst persons with disabilities keeping in view their potential and abilities will be encouraged to expand their services. Considering rapid growth of employment opportunities in service sector, persons with disabilities will be encouraged to undertake skill training suitable to the market requirement. Pro-active measures like incentives, awards, tax exemptions etc. will be taken to encourage the employment of persons with disabilities in the private sector.
   
   
3. Self-employment
   
   Considering slow pace of growth in employment opportunities in the organized sector, self-employment of persons with disabilities will be promoted. This will be done through vocational education and management training. Further, the existing system of providing loans at softer terms from the NHFDC will be improved to make it easily accessible with transparent and efficient procedures of processing. The Government will also encourage self-employment by providing incentives, tax concessions, exemptions from duties, preferential treatment for procurement of goods and services by the Government from the enterprises of persons with disabilities, etc. Priority in financial support will be given to Self Help Groups formed by the persons with disabilities.

Women with disabilities

1. According to Census-2001, there are 93.01 lakh women with disabilities, which constitute 42.46 percent of total disabled population. Women with disabilities require protection against exploitation and abuse. Special programmes will be developed for education, employment and providing of other rehabilitation services to women with disabilities keeping in view their special needs. Special educational and vocation training facilities will be setup. Programmes will be undertaken to rehabilitate abandoned disabled women/ girls by encouraging their a adoption in families, support to house them and impart them training for gainful employment skills. The Government will encourage the projects where representation of women with disabilities is ensured at least to the extent of twenty five percent of total beneficiaries.
2. Steps shall be taken to provide short duration stay homes for women with disabilities, hostels for working disabled women, and homes for aged disabled women.
3. It has been noted that women with disabilities have serious difficulty in looking after their children. The Government will take up a programme to provide financial support to women with disabilities so that they may hire services to look after their children. Such support will be limited to two children for a period not exceeding two years.

Children with Disabilities

Children with disabilities are the most vulnerable group and need special attention. The Government would strive to:

1. Ensure right to care, protection and security for children with disabilities;
2. Ensure the right to development with dignity and equality creating an enabling environment where children can exercise their rights, enjoy equal opportunities and full participation in accordance with various statutes.
3. Ensure inclusion and effective access to education, health, vocational training along with specialized rehabilitation services to children with disabilities.
4. Ensure the right to development as well as recognition of special needs and of care, and protection of children with severe disabilities.

Barrier-free Environment

Barrier-free environment enables people with disabilities to move about safely and freely, and use the facilities within the built environment. The goal of barrier free design is to provide an environment that supports the independent functioning of individuals so that they can participate without assistance, in every day activities. Therefore, to the maximum extent possible, buildings/ places/transportation systems for public use will be made barrier free.

Issue of Disability Certificates

The Government of India has notified guidelines for evaluation of the disabilities and procedure for certification. The Government will ensure that the persons with disabilities obtain the disability certificates without any difficulty in the shortest possible time by adoption of simple, transparent and client-friendly procedures.

Social Security

1. Disabled persons, their families and care givers incur substantial additional expenditure for facilitating activities of daily living, medical care, transportation, assistive devices, etc. Therefore, there is a need to provide them social security by various means. Central Government has been providing tax relief to persons with disabilities and their guardians. The State Governments/ U.T. Administrations have been providing unemployment allowance or disability pension. The State Governments will be encouraged to develop a comprehensive social security policy for persons with disabilities.
2. Parents of severely disabled persons with autism, cerebral palsy, mental retardation and multiple disabilities feel a sense of insecurity regarding the welfare of their wards after their death. The National Trust for persons with autism, cerebral palsy, mental retardation and multiple disabilities has been providing legal guardians through Local Level Committee. They are also implementing the Supported Guardianship Scheme to provide financial security to persons with the above-mentioned severe disabilities who are destitute and abandoned by supporting the cost of guardianship. This scheme, which is presently implemented in a few districts, shall be expanded to cover other areas in a phased manner.

Promotion of Non-Governmental Organizations (NGOs)

The National Policy recognizes the NGO sector as a very important institutional mechanism to provide affordable services to complement the endeavors of the Government. The NGO sector is a vibrant and growing one. It has played a significant role in the provisions of services for persons with disabilities.

Some of the NGOs are also undertaking human resource development and research activities. Government has also been actively involving them in policy formulation, planning, implementation, monitoring and has been seeking their advice on various issues relating to persons with disabilities.

Interaction with NGOs will be enhanced on various disability issues regarding planning, policy formulation and implementation. Networking, exchange of information and sharing of good practices amongst NGOs will be encouraged and facilitated.

The following programmes will be undertaken:

1. A Directory of NGOs working in the field of disability will be prepared properly mapping them by geographic regions along with their major activities. For NGOs supported by the Central/State Governments, their resource position, both financial and manpower will also be reported. Disabled persons organizations, family associations and advocacy groups of parents of disabled persons shall also be covered in the directory identifying them separately.
2. There are regional/State imbalances in the development of the NGO movement. Steps will be taken to encourage and accord preference to NGOs working in the underserved and inaccessible areas. Reputed NGOs shall also be encouraged to take up projects in such areas.
3. NGOs will be encouraged to develop and adopt minimum standards, codes of conduct and ethics.
4. NGOs will be provided opportunities for orientation and training of their human resource. Training in management skill which is already being provided, will be strengthened. Transparency, accountability, procedural simplification etc. will be guiding factors for improvement in the NGO-Government partnership.
5. The NGOs shall be encouraged to mobilize their own resources to reduce the dependence on grants-in-aid from the Government and also to improve the availability of funds in the sector. Tapering of assistance in a schematic manner will also be considered so that the number of NGOs to be helped within the available resources could be maximized. Towards this end, NGOs will be trained in resource mobilization.

Collection of regular information on Persons with Disabilities

1. There is a need for regular collection, compilation and analysis of data relating to socio-economic conditions of persons with disabilities. The National Sample Survey Organization has been collecting information on Socio-economic conditions of persons with disabilities on regular basis once in ten years since 1981. The Census has also started collection of information on persons with disabilities from the Census-2001. The National Sample Survey Organization will have to collect the information on persons with disabilities at least once in five years. The differences in the definitions adopted by the two agencies will be reconciled.
2. A comprehensive website for persons with disability will be created under the Ministry of Social Justice & Empowerment. Organizations both in public and private sector will be encouraged to make their websites accessible to the visually impaired using Screen Reading Technologies.

Research

For improving the quality of life of persons with disabilities, research will be supported on their socio-economic and cultural context, cause of disabilities, early childhood education methodologies, development of user-friendly aids and appliances and all matters connected with disabilities which will significantly alter the quality of their life and civil society's ability to respond to their concerns. Wherever persons with disabilities are subjected to research interventions, their or their family member or caregiver's consent is mandatory.

Sports, Recreation and Cultural life

The contribution of sports for its therapeutic and community spirit is undeniable. Persons with disabilities have right to access sports, recreation and cultural facilities. The Government will take necessary steps to provide them opportunity for participation in various sports, recreation and cultural activities.

Amendments to existing Acts dealing with the Persons with Disabilities

Ten years have passed since the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 came into operation. With the experience gained in the implementation of the Act and developments in the disability sector, certain amendments to the Act have become necessary. These amendments will be carried out in consultation with the stakeholders. RCI and National Trust Acts will also be reviewed and if necessary, required amendments would be made. Top

Principal Areas of Intervention

Prevention, Early Detection and Intervention

In order to ensure prevention and early detection of disabilities, the following action will be taken:

1. National, regional and local programmes of immunization (for children as well as expectant mothers), public health and sanitation will be expanded.
2. Medical and para-medical personnel will be adequately trained and equipped for early detection of disability amongst children.
3. Training modules and facilities in disability prevention, early detection and intervention will be developed for medical and para medical health functionaries and Anganwadi workers.
4. Training programmes of postgraduate, undergraduate degree and diploma in medical education will include modules on disability prevention, early detection and interventions.
5. Disability specific manuals for families having persons with disabilities will also be developed and provided free of cost.
6. Human resource development institutions will ensure that the personnel needed to provide support services such as special education, clinical psychology, physiotherapy, occupational therapy, audiology, speech pathology, vocational counseling & training and social work are available in adequate numbers.
7. The latest research findings in the field of genetics will be utilized appropriately to minimize congenital disability including mental illness.
8. Appropriate plan of action for limiting effects of disability and prevention of secondary disabilities within the existing health delivery system will be evolved.
9. Attention will be paid towards improving awareness of nutrition, health care and sanitation amongst adolescent girls, expectant mothers and women in the reproductive period. Awareness programmes for prevention will be built in at the school level and at the level of teacher's training courses.
10. Programmes will be undertaken for screening of children to identify at risk cases.

Programmes of Rehabilitation

Medical, educational and social rehabilitation programmes will be developed with the assistance of medical and rehabilitation professionals and with the participation of persons with disabilities and their families, legal guardians and communities. Convergence of Government programmes will be ensured and the following specific measures will be taken:

1. State level centres for providing composite rehabilitation services including human resource development, research and long term specialized rehabilitation will be set up.
2. Community based Rehabilitation programmes shall be encouraged. Self help groups of persons with disabilities and their family members/ caregivers shall be effectively involved in the process of rehabilitation.
3. Setting up of mental health care homes for severely mental ill persons will be encouraged under district level Panchayati Raj institution with the involvement of NGOs. Alternatively, family support groups will be encouraged to setup Custodial Care Institutions for persons with mental disabilities without community and / or family support.
4. Measures will also be taken to setup residential rehabilitation centres for providing vocational and social skills training for persons with mental disabilities.

Human Resource Development

The manpower will be developed in the following areas -

1. Training of primary level workers both in health care and in community development comprising of Anganwadi workers, Auxiliary Nurses (Midwifes) etc.
2. Support for training and orientation of personnel of Government and NGOs providing services.
3. Training and sensitization of community decision makers such as members of Panchayats, head of families etc.
4. Training and orientation of family members as caregivers.

Human resources will be trained to meet the requirement of education for children with disabilities under inclusive education, special education, home-based education, pre-school education etc, The following training programmes of different specialization and levels shall be developed:

1. Training modules for teachers for inclusive education.
2. Diploma, degree and high level programmes in special education
3. Training of caregivers for home-based education and care services for disabled adults/ senior citizens etc.
   
   Rehabilitation Council of India shall be the nodal agency for preparation of plans for training of rehabilitation personnel. The role of the National Institutes in disability specific training will be clearly spelt out and a five-year Plan of Action will be drawn up.
   
   
4. Education of Persons with Disabilities

It will be ensured that every child with disability has access to appropriate pre-school, primary and secondary level education by 2020. Special care will be taken to -

1. Make schools (building, approaches, toilets, playgrounds, laboratories, libraries etc.) barrier free and accessible for all types of disability.
2. Medium and method of teaching will be suitably adapted to the requirements of most disability conditions.
3. Technical/ supplementary/ specialized system of teaching/learning will be made available within the school or at a common center easily accessible to a cluster of schools.
4. Teaching/learning tools and aids such as educational toys, Braille/talking books, appropriate software etc. will be made available. Incentives will be given to expand facilities for setting up of general libraries, e-libraries, Braille-libraries and talking books libraries, resource rooms etc.
5. National Open School and distance learning programmes will be popularized and extended to other parts in the country.
6. Sign language, Alternative and Augmentative Communications (AAC) and other modes as a viable medium in inter personal communication will be recognized, standardized and popularized.
7. Schools will be located within easy traveling distance. Alternatively, viable travel arrangements will be made with the assistance of the community, State and NGOs.
8. Parent-Teacher counseling and grievance redressal system will be set up in the schools.
9. There will be separate mechanism to review annually the intake and retention of the girl child with disability at primary, secondary and higher levels of education.
10. Many children with disabilities, who cannot join inclusive education system, would continue to get educational services from special schools. Special schools shall be appropriately re-modeled and re-oriented based on technological development. These schools will also help prepare children with disabilities to join mainstream inclusive education.
11. In some cases due to the nature of disability (its type and degree), personal circumstances and preferences, home-based education will be provided.
12. Course curriculum and evaluation system for children with various disabilities shall be developed keeping in view their capabilities. Examination system will be modified to make it disabled friendly by exemptions such as learning mathematics, learning only one language, etc. Further, facilities like extra time, use of calculators, use of Clarke's tables, scribes etc would be provided based on the requirement.
13. Model Schools of Inclusive Education will be set up in each State/ U.T to promote education of persons with disabilities.
14. In the era of knowledge society, computers play very important role. Efforts will be made so that every child with disability gets suitably exposed to the use of computers.
15. Children with disabilities upto the age of 6 years will be identified and necessary interventions made so that they are capable of joining inclusive education.
16. Educational facilities will be provided in psychosocial rehabilitation centres for mentally ill persons.
17. Many schools discourage enrollment of students on account of their disability due to lack of awareness about the capabilities of disabled persons. Programmes will be taken for sensitization of teachers, principals and other staff members in all schools.
18. Special Schools presently being supported by the Ministry of Social Justice & empowerment will incrementally become resource centres for inclusive education. Ministry of Human Resource Development shall open new special schools depending upon the requirement.
19. Adult learning/ leisure centers for adults with severe learning difficulties will be promoted.
20. Three percent reservation for persons with disabilities in admission to higher educational institutions shall be enforced. Universities, colleges and professional institutions will be provided financial support to establish Disability Center to take care of educational needs of students with disabilities. They will also be encouraged to make classrooms, hostels, cafeterias and other facilities in the campus accessible to students with disabilities.
21. Include a module in induction and in-service training programmes of teachers on issues relating to management of children with disabilities

The Ministry of Human Resource Development will be the nodal Ministry to coordinate all matters relating to the education of persons with disabilities.

Employment

The following steps will be taken for employment of persons with disabilities:

1. The government shall initiate a dialogue with private sector organizations to help persons with disabilities in getting employment.
2. Develop appropriate home-based income generation programmes for the persons with disabilities especially for persons with severe and multiple disabilities, who opt for such programmes. The system of coaching for employment will also be encouraged for persons with disabilities and their caregivers.
3. Facilitate modifications in the design of machinery, workstation and work environment necessary for the disabled persons to operate without barriers in training centres/ factories/ industry/ offices etc.
4. Provide assistance through appropriate agencies like Marketing Boards, District Rural Development Agencies (DRDAs), private agencies and Non Governmental Organizations in marketing of goods and services produced by persons with disabilities.
5. Coverage of persons with disabilities in poverty alleviation programmes will be improved so that they get their due share of 3 percent as provided under statutory provisions.

Barrier-free Environment

For creation of barrier-free environment, the following strategies will be adopted:

1. Public buildings (functional or recreational), transport amenities including roads, sub-ways and pavements, railway platforms, bus stops/ terminals, ports, airports, modes of transports (bus, train, plane and waterways), playgrounds, open space etc. will be made accessible.
2. Use of sign language in all public functions will be encouraged.
3. Modification of Curriculum of Architects and Civil engineers will be undertaken to include issues relating to construction of barrier-free buildings. In service training will be provided on these issues to the government architects and engineers.
4. Full adoption of comprehensive building byelaws and space standards for barrier-free built environment shall be ensured. Effort will be made to ensure adoption of the byelaws and space standards by all the states, municipal bodies and Panchayati Raj institutions in the country. These authorities will ensure that all newly constructed buildings for public use are barrier-free.
5. State Transport Undertakings will ensure disabled friendly features in their vehicles. Railways will provide barrier-free coaches in a phased manner. They will also make the platforms-buildings, toilets and other facilities barrier-free.
6. The Government will ensure that Industrial establishments, offices, public utilities both in public and private sector provide disabled friendly work place for their employees. Safety standards will be developed and strictly enforced.
7. Proactive steps will be taken to ensure disability-friendly IT environment in the country.
8. All the buildings, which are for public use, will be audited for its accessibility to persons with disability. There may be a need to develop professionally recognized access auditors whose services would be utilized for the purpose.
9. Banking system will be encouraged to meet the needs to the persons with disabilities.
10. Communication needs of the persons with disabilities will be met by making information service and public documents accessible. Braille, tape-service, large print and other appropriate technologies will be used to provide information for the persons with visual disability.

Social Protection

The following steps will be taken to provide adequate Social Security to the persons with disabilities:

1. A system of regular review of the policies of tax relief granted to the persons with disabilities will be put in place so that necessary income tax and other tax relief remain available to persons with disabilities.
2. State Governments and UT Administrations will be encouraged to rationalize the amount of pension and unemployment allowance for persons with disabilities.
3. Life Insurance Corporation of India has been providing insurance cover to persons with specific type of disabilities. There is a need to encourage all insurance agencies to cover persons with disabilities without exception.

Research

Research for developing new technologies for persons with disabilities will be encouraged with international cooperation, wherever necessary. Results of research will be widely disseminated. It will be focused on the following aspects:

1. Socio-cultural aspects of disability, which inter alia include study of social attitude and behavioral patterns towards persons with disabilities.
2. Develop social indicators relating to the education of persons with disabilities so as to analyze the problems involved and take up programmes to improve access and opportunities
3. Generate statistics about the employment status of persons by type of disability especially for those who become disabled due to accidents and other disasters.
4. Study causes of different types and level of incidence of disabilities
5. Genetic research to minimize incidence of disability under the aegis of Indian Council of Medical Research
6. Adaptive technology research focusing on enhanced personal mobility, verbal/non-verbal communication, design changes in articles of every day usage etc. with a view to develop cost effective, user-friendly and durable aids & appliances with the help of premier technological institutes. Ministry of Science & Technology shall set up Rehabilitation Technology Centre for coordinating and undertaking research and development, testing and certifying technologies, training etc. Appropriate hardware and software suitable for persons with disabilities to ensure access to information technologies will be developed.
7. Sports, Recreation and Cultural activities

The following steps will be taken to ensure equal opportunities for sports, recreation and cultural activities:

1. Make places for recreation, cultural activities and sports, hotels, beaches, sports arenas, auditoriums, gym halls, etc. accessible.
2. Travel agencies, hotels, voluntary organizations and others involved in organizing recreational activities or travel opportunities should offer their services to all, taking into account the special needs of persons with disabilities.
3. Identification of talent amongst persons with disabilities in different sports shall be made with the assistance of local NGOs.
4. Formation of Sports organizations and Cultural societies for persons with disabilities will be encouraged. There will be mechanism to support the participation of persons with disabilities in national and international events.
5. A national award for excellence in sports for persons with disabilities shall be instituted.

Top

Responsibility for Implementation

1. The Ministry of Social Justice & Empowerment will be the nodal Ministry to coordinate all matters relating to the implementation of the Policy.
2. An inter-ministerial body to coordinate matters relating to implementation of National Policy will be formed. All stakeholders including prominent NGOs, Disabled Peoples Organizations, advocacy groups and family associations of parents/ guardians, experts and professionals will also be represented on this body. Similar arrangements will be encouraged at the State and Districts levels. Panchayati Raj Institutions and Urban Local Bodies will be associated in the functioning of the District Disability Rehabilitation Centres' District Level Committees to coordinate the matters relating to the implementation of the policy.
3. The Ministries of Home Affairs, Health & Family Welfare, Rural Development, Urban Development, Youth Affairs & Sports, Railways, Science & Technology, Statistics & Programme Implementation, Labour, Panchayati Raj and Departments of Elementary Education & Literacy, Secondary & Higher Education, Road Transport & Highways, Public Enterprises, Revenue, Women & Child Development, Information Technology and Personnel & Training will setup necessary mechanism for implementation of the policy. A five-year perspective Plan and annual plans setting targets and financial allocations will be prepared by each Ministry/ Department. The annual report of these Ministries/ Departments will indicate progress achieved during the year.
4. The Chief Commissioner for Disabilities at Central level and State Commissioners at the State level shall play key role in implementation of National Policy, apart from their statutory responsibilities.
5. Panchayati Raj Institutions will play a crucial role in the implementation of the National Policy to address local level issues and draw up suitable programmes, which will be integrated with the district and State plans. These institutions will include disability related components in their projects.
6. Infrastructure created during the course of implementation will be required to be maintained and effectively used for a long period. The community should take a leading role in generating resources with in themselves or through mobilization from private sector organizations to maintain the infrastructure and also to meet the running cost. This step will not only reduce the burden on state resources but will also create a greater sense of responsibility among the community and private entrepreneurs.
7. Every five years a comprehensive review will be done on the implementation of the National Policy. A document indicating status of implementation and a roadmap for five years shall be prepared based on the deliberations in a national level convention. State Governments and Union Territory administrations will be urged to take steps for drawing up State Policy and develop action plan

KARNATAKA GOVERNMENT’s PLEASURE WITH DISABILITY The Karnataka Government has asked all departments to reserve three percent of posts in Group A & B, and 5 percent of groups C & D for persons with disability {PWD]. Addressing a press conference in Bangalore on Monday, March 24th this year advisor to the Governor Mr.PKH Tarakan said that as per Rule 28 A of the Persons with Disabilities [Equal Opportunities, protection of rights and full participation] Karnataka Rules 2006, all state government departments, boards and corporations should provide reservation. There are about 17000 vacan cies reserved for PWDs in various departments. The government has asked all departments to take measures to fill up the vacancies. He said that the government has also appealed to private companies to give 5 percent reservation for PWDs. The government will bear the employer’s share towards EPF ]employees provident fund] of PWDs employed in private establishments. Further he said that M/s Pepsi has already appointed 20 people with disabilities. More that 36000 PWDs have already registered with employment exchanges for jobs. Their detailed profile will be displayed on the official website shortly. The department of Women & Children Welfare will set up genetic counseling centers, equipped with modern technology for early detection and intervention to prevent disabilities. The department has entered in to a memorandum of understating with Sparsha Hospital in this regard. Such centers will be set up in all districts, he said. He also explained about state government would set up commercial complex exclusively for the disabled peoples. From now, people with disability have to pay only 15 percent of the total fare for annual bus pass, in the previous scheme, the beneficiary has to contribute to 25 percent of the total fare for annual bus pass. In the previous scheme the beneficiary has to contribute to 25% of the total fare, hence government has decided to increase its share as the bus fare has gone up. The state government will contribute 60 percent of the total amount, KSRTC will bear 25% and beneficiary has to pay the remaining 15 percent which means beneficiaries will have to pay Rs.336/- to get annual bus pass[Earlier it was Rs.560/- for around 100 KMs fare]. State government was contemplating introduction of identity cards for disabled persons from the year 2008-09. By producing ID cards, disabled persons can claim 25% discount on bus fare in KSRTC buses, he added. The state government has revised scholarship for physically challenged students by enhancing by Rs.25/- more. SOURCE: DECCAN HERALD DAILY

































DIRECTOR, MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT, Govt.of India's OFFICIAL
INSTRUCTIONS TO FINANCE DEPARTMENT, NEW DELHI.

Sent: Friday, August 03, 2007 9:53 AM

Subject: Fw: Hearing Impaired Officer's
Promotion grievances =n Canara Bank (Kind attention: Sh. B.S.Bhalla, Director,
=anking Division, Ministry of Finance)

Dear Bhalla ji,

Enclosed please find the representation of
Sh. =odakkal Shivaprasad, a person with disabilities, who is working in Canara Bank and is seeking
promotion to Middle Management Grade =cale-II. The undersigned had earlier also written to
Canara Bank on 15th May, =007 but there has been no response. As the policy of the
Government is to =ncourage growth of persons with disabilities in all walks of life,
please consider his grievance expeditiously so that the same =s addressed quickly,
under intimation to us. Kindly acknowledge receipt of =he message and oblige us.

Regards,
Yours sincerely,
(K.S.Sawhney)

Director (Disabilities),
Ministry of Social =ustice & Empowerment
Room No. 253A, Shastri Bhawan,
New Delhi - =10001.
Phone No. 23387690 (O)












The Following List of Institutes Serving With Hearing Impaired Persons Treatments & Guidances.

1. All India Institute of Speech & Hearing, Manasagangothri,Mysore-6 [Karnataka State] Phone: 251449
2. Dr.SRC Institute of Speech & Hearing, Lingarajpuram,Bangalore-86[Karnataka State] Phone: 25470037
3. Samvad Institute of Speech & Hearing,Bangalore[Karnataka] Phone: 9845018302
4. JSS Mahavidyapeetha, Ramanuja Road, Mysore-570 044[Karnataka State] Phone-08212563845/2520092
5. Dr. M V Shetty Speech & Hearing, Hampankatta, Mangalore-575001[Karnataka] Phone-0824-2421953/2427654
6. Department of Allied Sciences, Kasturba Medical College, Manipal-576119[Karnataka] Phone: 0820-2571201/2570061
7. Department of Speech & Language & Hearing Sciences, Sri Ramachandra Medical College & Research Institute [Deemed University], Porur,Chennai-600116[Tamilnadu State] Phone-044-24768027
8. Ali Yavar Jung National Institute of Hearing Handicapped[AYJNIHH],Sourthern Regional Centre,Manovikas Nagar, Secunderabad-560000.[Andhrapradesh State] Phone-27758500/27753385
9. AYJNIHH,Bandra Reclamation, Bandra West, Mumbai-400050[Maharastra State] Phone- 022-26400215
10. AYJNIHH, NRC, Kasturba Niketan, Lajpat Nagar-II,New Delhi-110024, Phone-011-29815093
11. BYL Nair Charitable Hospital, Dr.. A L Nair Road, Mumbai-400008[Maharastra State] Phone-022-23081490
12. Post Graduate Institute of Medical Education & Research, Sector-12, Chandigarh-160012 [Punjab State] Phone-0172-2747585
13. FOR RELATED LINKS : http://www.rehabcouncil.nic.in/home.html

HIGH COURT DIRECTION ON PROMOTION RESERVATIONS



Disabled employees entitled to reservation in promotion: HC
New Delhi, Dec 13: In a judgement which holds promise for government employees suffering from disability, the Delhi High Court has held they are entitled to benefits of reservation in promotion.
A Division Bench comprising Justice A K Sikri and Justice Vipin Sanghi held that it would be against the spirit of the Disability Act if the disabled
people were deprived the benefit of reservation in promotion.
"We have to ensure that persons suffering from disability also grow in stature and for this reason reservation is provided in the employment,
limiting the same only at the induction level and not in the promotion would be totally unjust," the Bench said.
The court was hearing a matter related to Jagmohan Singh, with 55 percent disability, employed in the Railways since 1972 but was denied
promotion to the post of Chief Office Superintendent despite repeated representations by him.
The railway authority turned down his plea by saying that reservation cannot be granted in promotion and it was only provided at the stage of recruitment.
It further said that in view of the special nature of job and safe carriage of goods and passengers, the disabled employee cannot be promoted
to the post.
Singh, then approached Central Administrative Tribunal which pulled up the government for its discriminatory approach and directed consider his promotion.
The Centre challenged the CAT's order in the High Court which upheld the Tribunal's order.
The Court, while dismissing Centre's petition, termed the decision of the Government as "arbitrary" and "irrational".
"If selection by promotion to such a post under normal channel is available to a person like Singh, and his handicap in that eventuality does come in way of the discharging the duties, the reason for not providing on this ground is contradictory in terms and cannot be sustained," Court said.
"Justification for denying reservation is totally irrational and arbitrary. It, rather, depicts closed and narrow-minded approach of the Centre,
which is unsustainable," the Court said.
The Bench also imposed a cost of Rs 10,000 on Centre.
Bureau Report
Copyright © Zee News Limited. All rights reserved



N.H.R.C. constitutes core group on disability
The National Human Rights Commission (N.H.R.C.) gives a boost to efforts of NGOs working in the field of disability by constituting a core group on disability.
It was an emotional victory when the N.H.R.C. passed an order constituting a core group to serve as a monitoring mechanism for consultation with N.G.O.s. The order envisages to “utilise the knowledge, experience, and expertise of credible N.G.O.s working in the field of human rights.” This order was passed in accordance with Section 12 (1) of the Protection of Human Rights Act, 1993. The Commission has set up a core group under the chairmanship of Shri Chaman Lal, Special Rapporteur, N.H.R.C. with representatives of various N.G.Os including NCPEDP. The core group will review the progress of consultations and serve as a monitoring mechanism. The terms of reference of the core group shall be to:

• Identify N.G.O.s engaged in the field of human rights having a good track record, and to build a database of N.G.O.s.
• Identify the broad areas of cooperation between N.H.R.C. and the selected N.G.O.s from different regions.
• Identify important human rights issues that could be jointly taken with the N.G.O.s after considering the suggestions and proposals.

Recognising the need for special attention to issues relating to disabilities, the N.H.R.C. has also constituted a core group on disability related issues. The core group is ably led under the chairmanship of Shri B.L. Sharma, Principal Resident Commissioner, Rajasthan (former Chief Commissioner for Disabilities). Shri Javed Abidi, N.C.P.E.D.P. is one of the six expert members of the group. The terms of reference of the group are:

• Identification of important human rights issues concerning persons with disabilities
• Review of policies adopted so far by the Central and State governments and suggesting possible interventions
• Serving as a monitoring mechanism on action taken
• Suggesting steps for creation of awareness on the rights of the disabled people
• Identification of broad areas of cooperation between the Commission and N.G.O.s

As a gesture of appreciating the issues N.H.R.C. has made its premises accessible to people with disabilities and has also adopted a policy regarding employing disabled persons at N.H.R.C..





Now a days physically challenged people needs encouragement in all filed & walks of life, so encourage these communities it\'s better to introduce income tax exemption in full, i.e. TAX FREE facilities so that they earn their hard working money in to their dreams like a happy family. Therefore it\'s better to get attention in the forthcoming budget of india to release these benefits to the downtrodden communities like disabled persons.

However present range of exemption is not sufficient to get funds to their home needs and other allied activities like sociability, friendly with family etc. However demands since for long back to releas tax free benefits to these physically challenged community is not fulfilled yet to now.

CAN FINANCE MINISTER OPEN THEIR EYES AT LEAST NOW BY RELEASING TAX FREE BENEFITS IN INCOME TAX TO THE PHYSICALLY CHALLENGED PEOPLE ?


KODAKKAL SHIVAPRASAD FUWAI
Award Winner: Rising Personalities of India Date: 3RD December 2007 [Award scheme instituted by name @ Dist. Press Guild:Shimoga]
“Shivanaga”, Ist Cross, Ist “B” Parrellel, Cell: 9243314402 Opp.Sri Sharada High School, Gundappashed,
SHIMOGA – 577 201 [Karnataka State] India.
e-mail: kodakkalshivaprasad@gmail.com
URL : www.kodakkalshivaprasad.wetpaint.com
http://www.kodakkalshivaprasad.blogspot.com




KODAKKAL SHIVAPRASAD DONATING CLOTHES & SWEETS TO THE INMATES OF AN ORPAHANGE @ MANGALA SEVA ASHRAMA [About 10 KMs from Mangalore City Karnataka State-India] DURING 1989






Dear Friends,

I have just read and signed the online petition:

"CAN AMICABLE SETTLEMENT TURNED BY NATIONALISED BANKS WITH REGARD TO DISABILITY ?"

hosted on the web by PetitionOnline.com, the free online petition
service, at:

http://www.PetitionOnline.com/924/

I personally agree with what this petition says, and I think you might
agree, too. If you can spare a moment, please take a look, and consider
signing yourself.

Best wishes,

Shimoga Dist.Physically Handicapped Weflare Sangha [Regd]


for SHIM. DIST.PHY. HAND. WELFARE SANG[Regd]


KODAKKAL SHIVAPRASAD FUWAI
AWARD WINNER & RECORD HOLDER-INTERNATIONAL BIOGRAPHICAL NOTE.
URL: www.kodakkalshivaprasad.wetpaint.com







LEGAL AID CELL : www.disabilityindia.org their second reminder notice to Canara Bank


The Chairperson & Managing Director, 19.06.07
Personnel Administration,
Canara Bank
Bangalore

Dear Sir,

This is with reference to our letter dated 01.05.07 sent to you by e-mail and followed up by a
registered post (A copy of the same is enclosed along with this letter for your reference) wherein you were
requested to provide certain information with respect to backlog in reservations in promotion at your bank.
We have not received any response from you till date. As mentioned earlier we negotiate for an amicable
settlement of the matter in the first instance. As a rule, we do not intervene in matters unless we are fully
convinced that the client has a strong case in his favour. Therefore, your cooperation would help dispose
of the issue to the satisfaction of both the parties. We thus hope that you will not ignore the letter for the
second time and will send the requested information speedily.

Thanking you,
Sincerely,

Anuroopa Giliyal
Advocate & Co-ordinator, Legal Aid Cell

CC: 1. Office of the Chief Commissioner for Disabilities, New Delhi

2. Ministry of Social Justice and Empowerment (Disability Division)

3. Sri. MBN Rao, Chairman and Managing Director,
Canara Bank

4. Shri, Amithabh Sharma (BOA), Ministry of Finance Banking Division

5. Shri D.L Rawal, Executive Director,
Canara BankMs.

6. Mrs.Lalitha Lakshmanan DGM, Canara Bank

7. Chirman and Personnel Department

8. Imm Senior




Director, Social Justice & Empowerment, Govt.of India,New Delhi his official instructions to Director,
Industrial Relations, Ministry of Finance, Banking Division.







DISABILITY FRIENDLY WEBPAGES: Now a days physically challenged people needs encouragement at all times, however several NGOs try their level best in this regard by solving disabled persons grievances with amicable settlement, on the same way following are my personal web pages that will help each one to find how disabled persons live with society & culture around the world. Hope to visit the following pages for an amicable approach between us. 1. http://www.kodakkalraja.community.officelive.com/ 2. http://www.kodakkalshivaprasad.wetpaint.com/ 3. http://www.kodakkalshivaprasad.wetpaint.com/ 4. http://www.linkedin.com/in/kodakkalshivaprasad 5.http://groups.google.com/group/disability--their-movement





JOB PORTAL FOR DISABLED UNEMPLOYED : Recently Govt.of Karnataka introduced an website to register employment opportunities to disabled persons. Those who are unemployed can register with the below web portal & also employer can register for employees here:-

http://www.karnatakapwdjobs.com/#

Disabled Leaders in Karnataka a{color:#000000;}



ASSISTIVE DEVICES FOR THE DISABLED I

In recent survey it’s found that India has over 70 million people with disabilities[PWDs]. There are no exact statistics on how many PWDs require assistive devices. However, there is a general agreement that only 15-20 percent of the need for assistive devices is being currently met. With only a few assistive device manufacturers in the country, the organized sector is known to meet just 5 to 7 percent of the requirement while the non profit organizations meet about 2-3 percent of the requirements. On an average, the government spends only about Rs.40-50 per disabled persons per year for assistive devices. As a result, most PWDs must obtain expensive devices on their own rely on the benevolence of an NGO or manage without it. Like non-disabled people, PWDs too have tremendous potential, ambition and aspirations, however with only a few exceptions, most of them are restricted to their homes and immediate surroundings, simple because of the lack of assistive devices. While on the hand, there is a dire need to provide assistive devices to PWDs on the other there is an urgent need for research and development[R&D] so as to provide environment specific, user-friendly and customized devices. The Persons with Disabilities[Equal Opportunities, Protection of Rights and Full Participation] Act,1995 Chapter IX on Research and Manpower Development in Section 48C makes only a passing reference that the appropriate governments and local authorities shall promote and sponsor research for the development of assistive devices, however other than the Artificial Limbs Manufacturing Corporation of India [ALIMCO] very little is being done in both manufacture and research of assistive devices in the country. Research to encourage in the process of manufacture of assistive devices is a highly specialized task and requires a deep understanding of both physiology and the needs of PWDs. Assistive devices are expected to basically reduce the impact of disability. Most of the assistive devices developed thus far are by non-disabled people without much knowledge about the physically and physio-social impact of assistive devices. Often the device when provided to the PWDs needs to be customized to individual needs but this is rarely done. For example, if you went out to buy a wheelchair you would probably get it in just two sizes, one for adults and one for children and yet we all know that people vary in sizes. If a wheelchair is large for the person it can put additional strain on the arms. A wheelchair designed for an urban setting is rendered useless in a rural area. A badly designed wheelchair cushion can cause pressure sores. Thus poorly designed assistive devices can do more harm than good to a PWD. R&D related to disability is not a profit laden venture and so attracts little or no private interest. Another aspect is that nearly 75 percent of PWDs live in rural areas and need to be provided assistive devices at a highly subsidized rate. It is therefore up to the government to fund R&D related to disability. The neglect in the field of research is so gross that numerous NGOs working in the field of disability now run their known research units and produce their own low cost assistive devices. While there has been much complaining that the government has been providing few if any assistive devices, even those distributed with much fanfare at public events are known to be of poor quality and it is not uncommon to find users dumping them six months later. Thus, it is not just about providing PWDs with assistive devices but also teaching them the basics of maintenance and providing them places where they can get their devices serviced, especially for assistive devices like hearing aids which are know to be very delicate or prostheses that may crack with repeated use. The need of the hour therefore, is for the government to formulate a national plan for the manufacture and distribution of assistive devices in a given time-frame besides drawing up a plan for their maintenance. There is an urgent need for the government to refocus on R&D of assistive devices. These need to be manufactured in a cost effective way so as to meet the required scales.

[SOURCE : DECCAN HERALD DAILY]