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INTRODUCTIONIt is challenging for persons with disabilities especially those who reside in different social-economic societies. If we look at the law, we have failed to provide basic rights to one and all which eventually portrays that the law failed to have proper implementation of existing laws for persons with disabilities due to which they have to face discrimination and many challenges for day-to-day activities, either it is employment or accessibility to necessities as a normal human being (like, education).
Section 2(s) of the Rights of Persons with Disabilities Act, 2016 defines “person with a disability” means a person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.
Before discussing their rights, let’s discuss the challenges faced by persons with disabilities.
CHALLENGES FACED BY THE PERSONS WITH DISABILITIESUnfortunately, in India, Persons with disabilities face challenges in their day-to-day life to survive and even exercise their basic rights. Some of the Challenges which they have to go through:
a) Discrimination and Inequality: as being disabled people, there occurs discrimination and inequality in p workplace, and society.
b) Access to Public places: there arises a barrier for people who are disabled, and lack to exercise their right to access accessibility.
c) Unemployment.
d) Educational Facilities.
e) Lack of Policies.
f) Societal Pressure and inhuman treatment.
g) Equal opportunity.
h) Deprivation of social status.
LEGAL RIGHTS FOR THE PERSONS WITH DISABILITIESIn India, a vast number of statutes, acts and legal provisions talk about the “persons with disabilities” but the question arises is whether these provisions are righteously exercised or given the right to exercise by disabled persons.
Persons with disabilities are entitled to legal rights and protections in India such as the Rehabilitation Council of India Act, of 1992, the Rights of Persons with Disabilities Act, of 2016, the Mental Healthcare Act of 2017, and the National Trust Act, of 1999.
1. People with disabilities have legal rights, including persons with disabilities are entitled to equality and non-discrimination, such as housing, employment, education, and access to goods and services. The law forbids discrimination on the grounds of handicap.
2. Right to accessibility: People with disabilities enjoy the same rights related to buildings, roads, transportation networks, and other infrastructure. All public facilities and services must be accessible to people with impairments.
3. Right to education: Education institutions provide education-related rights to students with disabilities. For children with disabilities who require particular education, the law also allows for the construction of special schools.
4. Right to Employment: Employers are required to reserve a specific number of positions for people with impairments, and these individuals have the right to work. The law requires that a particular proportion of jobs in all government organizations be reserved for people with disabilities.
5. Right to healthcare: Everyone, including those with impairments, has similar access rights to medical care, including mental healthcare. The law prohibits refusing medical care to someone because of their handicap.
CONSTITUTION AND THE PERSONS WITH DISABILITIESThe heart of the constitution of India lies in its Preamble which specifies that it seeks to secure social (also economic and political) justice for all citizens with equality of status and opportunity. It clearly states that the Constitution has to help Persons with disabilities overcome discrimination.
The Constitution secures the rights of the citizens including persons with disabilities like the right to justice, worship, equal opportunities, equal status, expression, belief, liberty and worship.
In the Constitution of India, there are certain Directive Principles of the State Policy in which Article 41 encourages the state to make effective provisions for securing the rights to work, education and public assistance in cases of unemployment, old age, sickness and disablement.
Moreover, there are some basic rights discussed under the Constitution of India which every human has a right to exercise, article 15(1) emphasizes about Right against Discrimination, the state shall not discriminate against any citizen (including persons with disability) on grounds like religion, race, caste sex, birth or any of them. Subsequently, Section 15(2) prohibits the practice of any kind that is subjecting the disabled to any restrictions or legal issues when accessing public restaurants, shops, public places, hotels, tanks, wells etc.
Furthermore, the relief for persons with disabilities is a State Subject which is mentioned in Entry 9 in List II under the Seventh Schedule.
Other laws also cover the rights of Persons with disabilities which are:
Education Law
Health Law
Family Laws
Income tax concessions
PERSONS WITH DISABILITIES Act 1995: it covers education, employment, affirmative actions, non-discrimination, research and manpower development, Social Security and grievances redressal.
Rights of Persons with Disabilities Act, 2016: It was enacted or came into force in April 2017. Further, it restored the Persons with Disabilities Act of 1995. The certain provision covers the increase of reservation from 3% to 4% in government jobs and from 3% to 5% in higher education for persons with disabilities. It also ensures a few more rights for persons with disabilities like access to public buildings.
The Rehabilitation Council of India Act, 1992
ANALYSIS OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016The act was in effect to the United Nations Convention on the Rights of Persons with Disabilities.
According to the RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016, some salient features are as under:
· Rights of the Disabled Persons
· Educational Safeguards (section 17,32 of the Act)
· Social Security and Healthcare (section 24, 25 of the Act)
· Employment, skills development (section 20, 21, 23 of the Act))
· Equality before law and guardianship (section 14)
· Responsibilities and duties of the Government (sections 41 and 48 of the Act)
· Accessibility
· Equal opportunity
· Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
· Special provisions for Children and women
· Access to Justice.
However, the primary objective of the act was to safeguard the rights of persons with disabilities and to be treated equally in society, protecting the persons from all discrimination and promoting Education rights, employment opportunities, societal participation and equal treatment promoting active participation and securing their rights. The Right to Persons with Disabilities is an escalating legislation and the Indian constitution aims to ensure social and economic justice for persons with disabilities. The government and judiciary body played a significant role in establishing the right approach for the Act and the judiciary also held landmark judgments in many cases under this act. Some of the important case laws under the act are:
State of Kerala v. Leesamma Joseph (2021)
V. Surendra Mohan V. State of Tamil Nadu
Avni Prakash V. National Testing Agency (2021)
Disabled Right Group v. Union of India.
CONCLUSIONEvery right that which a person is entitled to exercise has pros and cons added to it. Similarly, the Rights for persons with disabilities are established but lack their essence as in India, persons with disabilities failing still face discrimination and fail to exercise their rights wholly. Eventually, the government and the judiciary are associating together to rise the scope of the Rights of persons with disabilities, the government should take initiatives for the welfare of the disabled and make them independent by exercising preventive measures and creating policies.
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~Authored by Shruti Prajapati