National Policy for Persons with Disabilities 2005

National Policy for
Persons with Disabilities 2005

Send in your comments and suggestions
by 30th June, 2005 to:

Ashish Kumar
Director,
Ministry of Social Justice and Empowerment,
Room No.253, A-Wing,
Shastri Bhawan,
New Delhi-110001
Tele fax: 011-23383853
Email: kmashish@hub.nic.in

F.No.3-1/93-DD.III
Government of India
Ministry of Social Justice and Empowerment
******

Shastri Bhawan, New Delhi
Dated: 15.06.2005

Sub:Invitation of suggestions/ comments on Draft National Policy for Persons with Disabilities

A comprehensive legal and institutional structure has already been put in place for the welfare of persons with disabilities. The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995 was enacted in pursuance of the Declaration on the Full Participation and Equality of People with Disability in Asia Pacific Region. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999 was made with the objective to provide support to the creation of enabling environment for as much independence as possible and to provide for assistive decision making wherever essential to the target group. The Rehabilitation Council of India Act was notified in 1992 for regulating the training of rehabilitation professionals and upgrading the quality of professionals. There are seven National Institutions for manpower development, research and development of outreach service models in the area of locomotor, visual, hearing, mental and multiple disabilities. The Ministry is providing assistive devices free of cost to the persons with disabilities in lower income groups under ADIP scheme. The Ministry is supporting non-governmental organizations for providing various rehabilitation services to persons with disabilities under the Deendayal Disabled Rehabilitation Scheme. However, at present, there is no formally stated policy document for persons with disabilities.

Rehabilitation of persons with disabilities requires multi-sectoral collaborative approach of various central government ministries, state Governments, UT administrations, members of civil society, organizations of persons with disabilities and non-government organization working for the welfare of persons with disabilities so that better synergy in delivery of services is achieved. Many State Governments do not have comprehensive approach to education, training and rehabilitation of persons with disabilities. Persons with disabilities are often not aware of the services and benefits available to them. In order to ensure better coordination between various wings of the State and Central Governments as well as to reassure the people with disabilities a minimum level of services, this policy is being formulated.

All the concerned individuals and organizations are requested to give their suggestions/ comments on the enclosed Draft National Policy for Persons with Disabilities so that these may be taken care of at the time of finalization. The suggestions/ comments can be sent to by mail/ e-mail by the 30th June 2005 on the following address.

Ashish Kumar
Director,
Ministry of Social Justice and Empowerment,
Room No.253, A-Wing,
Shastri Bhawan,
New Delhi-110001
Tele fax: 011-23383853
Email: kmashish@hub.nic.in

THE BACKGROUND

Introduction

Our society is witnessing rapid socio-economic changes in its traditional structure. The increased pace of industrialization and urbanization is leading to erosion of joint family structures which had provided a place of security and a modicum of care to all members of family. The Persons with Disabilities face dual challenge of mariginalisation on account of normal socio-economic changes as well as on account of their physical and mental condition. They often start life with little access to opportunities and continue in the same state through out their lives. Hence, there is a need for a policy framework, which protects their rights and provides them equal opportunity to participate fully in the society and enhance their dignity and self-respect.

The Constitution of India provides in article 14 - Right to equality - "The State shall not deny to any person equality before law or the equal protection of the laws within the territory of India". The constitution further ensures in article 15 that there will be prohibition of discrimination. In article 16, it states that there will be equality of opportunity in matters of public employment.

Definition of Disability

"Disability" and "Persons with Disability" for this statement are as defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and any other statute enacted for the welfare of persons with disabilities. Population of Persons with disabilities

According to the Census, 2001, there are 2.19 crore persons with disabilities in India which constitute 2.13 percent of total population. This includes persons with visual, hearing, speech, locomotor and mental disabilities. Seventy five percent persons with disabilities live in rural areas. While this figure is the basis for all policies and strategies, it is well accepted that there are serious difficulties in the survey of persons with disabilities in the country since the information is collected by non-medical field-investigators on the aspects, which are defined in terms of medical conditions. There has been an effort to adopt these medical conditions in the definitions in the Censuses and surveys, which may be amenable and understandable to the non-medical field personnel. The most difficult aspect of a survey (Census or sample) is to ensure that the enumerators understand non-medical definitions and are able to co-relate them to the manifestation of the disability for the purpose of effective door-to-door survey. Families very often either do not understand certain disability conditions or are reluctant to disclose the fact of disability. This results in the persons with disability not being counted at all, or being wrongly counted as having no disabilities, or being shown with incorrect disability. This problem of identification is particularly acute in the case of non-visible disabilities such as mental retardation or mental illness. This aspect needs further emphasis so that reliable and consistent information on persons with disabilities and their socio-economic condition may become available on regular basis. This is important to develop proper policies on one hand and to monitor the impact of the policies on the quality of life of persons with disabilities on the other.

Population of persons with disabilities will grow as better tools to identify the current invisible population with disability evolve and increase in the geriatric population. Thus the need for rehabilitation services for the persons with disability is likely to increase over the next two decades.

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Emerging Trends

In the recent years there have been vast changes in the perception of society towards persons with disability. It has been realized that majority of persons with disability can lead a normal life if they have effective access to rehabilitation services which would include early identification, intervention, education, vocational training, employment opportunities and the availability of aids and appliances.

With increased access to rehabilitation services, the demand for rehabilitation professionals will increase. The capacity for training as also the need for quality control will become an area of attention.

There will be demands for economic opportunities for different levels of competence and skills acquired by persons with disabilities. The job market as well as opportunities for self employment will have to be expanded, sensitized and suitable modifications with regard to both the built environment as well as the conditionality of employment will have to be affected.

Existing Legislative and Institutional Infrastructure

In 1995, the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act was promulgated. The office of Chief Commissioner for Persons with Disabilities has been established for monitoring implementation of various provisions of the Act.

The Government of India enacted the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act in 1999. The objective of this Act is to provide support to the creation of enabling climate for as much independence as is possible and to provide for assistive decision making wherever essential. A Board has been constituted to discharge functions as enshrined in the Act.

The Rehabilitation Council of India Act was notified in 1992. This Act provides for regulating the training of rehabilitation professionals and upgrading the quality of professionals.

There are six national Institutes working in different areas, namely,

Pandit Deen Dayal Upadhyaya 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.
Ali Yavar Jung National Institute for Hearing Handicapped, Mumbai
Swami Vivekanand National Institute of Rehabilitation Training & Research, Cuttack.

These autonomous National Institutes/ apex level institutions conduct long and short term specialized courses to train professionals in physiotherapy, occupational therapy, prosthetic and orthotic engineering, mental retardation, special education, audiology, speech rehabilitation, orientation and mobility etc. The infrastructure of the National Institutes is available for enlarging general social awareness amongst NGO's community and other medical professionals/para professionals.

In addition to the above national institutions, there are five Composite Rehabilitation Centres, four Regional Rehabilitation Centres, Indian Spinal Injury Centre, and 117 District Disability Rehabilitation Centres providing various kinds of rehabilitation services to persons with disabilities. There are some institutions under the Ministry of Health & Family Welfare and under the State Governments providing rehabilitation services.

Eighty-sixth amendment of the Constitution passed in 2002 introduced a new Article 21A: Right to Education. This provides "the state shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law, determine."

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International Co-operation

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 Millenium Framework for action towards an inclusive, barrier free and rights based society for persons with disability. It also recognizes the World Programme on Action and the Standard Rules on the Equalization of opportunities for Persons with Disabilities. India is also participating in the negotiations on the UN Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities.

National Policy Statement

The National Policy recognizes that Persons with Disabilities are an important 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 policy shall specifically focus on the following:

Prevention and Early detection

Since disability, in a large number of cases, is preventable, there will be strong emphasis on prevention of disabilities. Early detection of disability and early intervention helps in minimization of impact of disability. Therefore, there will be emphasis on early detection and intervention. Necessary facilities including dissemination of information shall be ensured to enable such detection and necessary interventions.

Rehabilitation Services

Rehabilitation services including counseling, strengthening capacities of persons with disabilities and their families, physiotherapy, occupational therapy, surgical correction and intervention shall be extended to cover all the districts in the country by active involvement and participation of State Governments, local level institutions, non-government organizations including associations of parents and disabled persons.

Currently, rehabilitation services are largely available in and around urban areas. Since seventy five percent persons with disabilities live in rural areas, the services will be extended to cover uncovered and un-served areas.

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International Co-operation

National Policy Statement

Prevention and Early detection

Rehabilitation Services

To provide comprehensive services to the persons with disabilities at the grass-root level, the Government of India with the active support from State Government is facilitating creation of the infrastructure and building capacities at the District level for awareness generation, rehabilitation, training/ guiding grassroot functionaries through District Disability Rehabilitation Centres (DDRC) in unserviced districts in the country. The choice of districts for the purpose of setting up new DDRCs are based on the following criteria:

Districts where currently no services are available for persons with disabilities either through Government, Semi-Government or Voluntary agencies.
The State Government provides rent-free well-connected building for the purpose.
Higher prevalence rate of disability
Longer distance from the existing DDRC or similar service center.

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National Institutes for development of rehabilitation manpower

There are six national institutes for development of rehabilitation manpower, research and to develop models for outreach services in the areas of locomotor, hearing, visual and mental disabilities. These institutes will be encouraged to expand their services. National Institute for Multiple Disabilities, Chennai shall be made functional at the earliest.

Education

According to the National Sample Survey Organization, 2002 report on 'Disabled Persons in India', 55 percent persons with disabilities were illiterate. This is very large and unacceptable percentage. There is a need for mainstreaming of the persons with disabilities in the general education system through Inclusive education. 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.

Under the scheme, a shelf of education options, learning aids and tools, mobility assistance, support services etc. are available for children with disabilities. This includes education through an open learning system and open schools, alternative schooling, distance education and learning, special schools wherever necessary, home based education, itinerant teacher model, remedial teaching, part time classes, community based rehabilitation (CBR) and vocational education and cooperative programmes. The programme also envisages augmentation of teaching skills and capabilities of teachers. The SSA provides for an additional amount of Rs.1200/- per year per child, which could be utilized for various activities including early detection, formal and functional assessment, providing aids and appliances, support services (like special equipment, reading material, physio-therapy for children with physical or multiple handicaps, occupational therapy for children with physical handicaps and mental retardation), parental counseling, awareness building, material development, resource support and harnessing support from the NGOs.

Government of India is providing scholarships to students with disabilities for pursuing studies at post school level. Scholarship is also provided to the children with mental retardation and Cerebral Palsy pursuing education in school i.e. class IX & X.

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Employment for the persons with disabilities

Persons with disabilities shall be provided equal opportunities for productive and gainful employment. Government will ensure, through executive instructions that three percent reservation for persons with disabilities is provided against identified posts in accordance with statutory requirement.

Employment in private sector shall be encouraged for persons with disabilities by development of appropriate skills for their employability. Opportunities for self-employment will be enhanced.

Barrier-free environment

Public buildings/ places/ transportation systems etc. shall be made barrier free through design changes, use of appropriate material and strict adherence to building bye-laws, space standards for barrier-free built environment.

Assistive Devices for Persons with Disabilities

The Government of India has been assisting the persons with disabilities in procuring durable and scientifically manufactured, modern, standard aids and appliances that can promote their physical, social and psychological rehabilitation, by reducing the effects of disabilities.

Every year through National Institutes, State Governments, District Disability Rehabilitation Centres and Non-Governmental Organizations, persons with disabilities are provided with devices such as prostheses and orthoses, mobility aids such as 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, various types of hearing aids, educational kits, communication aids and assistive & alarming devices and devices suitable for the persons with mental disabilities. The availability of devices will be accelerated to uncovered and un-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.

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Women with disabilities

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 shall be developed for the education, employment and providing of other rehabilitation services to women with disabilities keeping in view their special needs. Special educational and vocation training facilities shall be setup for women with disabilities. Programmes shall be undertaken to rehabilitate abandoned disabled women/ girls by encouraging their 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 percent of total beneficiaries.

Disability Certificate

The Government of India has notified guidelines for evaluation of the disabilities and procedure for certification. Format for issue of disability certificate has also been prescribed under these guidelines. The certificates are to be issued by the District Medical Boards/ Government Hospitals notified by the State Governments/ UT Administrations. It has come to the notice of the Government that persons with disabilities face difficulties in getting disability certificates.

Major difficulties faced are lack of information regarding the documents required from the persons with disabilities by the board, non-availability of doctors/ specialist in the board on the day fixed for assessment, non-availability of expert due to vacancy, lack of time frame for issue of certificate and lack of proper dissemination of information regarding procedure for issue of certificates in the hospitals where the certificates are issued. The appropriate Governments shall 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 including Special Legal Provision for persons with severe / profound disabilities.

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 reliefs to persons with disabilities. The State Governments/ U.T. Administrations have also been providing unemployment allowance / or disability pension. The present social security schemes are not comprehensive and also vary across the States. The State Governments will be encouraged to develop a comprehensive social security policy for persons with disabilities.

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. National Trust for persons with autism, cerebral palsy, mental retardation and multiple disabilities has been 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 has been envisaged for implementation in 75 districts in the country to begin with and provides support to 10 beneficiaries per district. The government shall in a phased manner promote expansion of the scheme to all the districts. Thereafter, an increase in coverage will also be considered. Promotion of Non-Governmental Organizations (NGOs)

The National Policy recognizes the NGO sector as a very important institutional mechanism to provide user-friendly affordable services to complement the endeavor of the State. The NGOs sector is a vibrant and growing one and has played a significant role in the provisions of the services for the disabled. Voluntary efforts will be promoted and supported, and efforts will be made to remedy the current uneven spread both within the State and between the States. There will continue to be interaction with NGOs on disability issues and on services to be provided. Networking, exchange of information and interaction among NGOs will be encouraged and facilitated within the constraints of available resources. The following programmes will be undertaken:

A Directory of NGOs working in the field of disability will be prepared. The Directory of NGOs shall properly map all the NGOs by geographic regions along with their major activities. For NGOs supported by the Central/State Governments, their resource position, both financial and manpower etc., will also be shown.
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 un-serviced and inaccessible areas.
NGOs will be encouraged to draw and adopt minimum standards, codes of conduct and ethics through interaction among themselves.
Opportunities will be provided for orientation and training of manpower. Transparency, accountability, procedural simplification etc. will be the guiding factors in striving for improvement in the NGO-Government partnership.
The Non-Government Organization (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 for the services in the sector of disability. 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.

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Collection of regular information on persons with disabilities

Information on Socio-economic conditions of persons with disabilities is presently being collected by the National Sample Survey Organization. The Census has also started collection of information on persons with disabilities from the Census-2001. There is need for regular collection of information relating to socio-economic conditions of persons with disabilities. Census Commissioner of India will be encouraged to undertake collection of information in every Census. The National Sample Survey Organization will collect the information at least once in five years. The survey and the Census would also collect information on employment status of persons with disabilities. The Ministry will take action to introduce a web site on which available information regarding disability will be displaced.

Research

The Government will encourage and support research for improving the quality of life for persons with disabilities. The research will be supported on their socio-economic and cultural context, reasons for incidence of disabilities, development of user-friendly aids and appliances and matters connected with disabilities in which research is considered necessary.

Sports and Recreation

Sports

Persons with disabilities have the right to access sports and recreation facilities. The Government in the Ministry of Youth Affairs and Sports will take necessary steps to provide them opportunity for participation in various sports and recreation activities.

Media

The Government will take necessary steps to create awareness about the benefits and facilities available for the persons with disabilities. Amendments to Persons with Disabilities Act, 1995

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 on the disability sector, certain amendments to the Act have become necessary. These amendments will be carried out in consultation with the stakeholders.

The first charge of the above policy interventions will be towards the most vulnerable among the persons with disabilities - poor who are living below the poverty line.

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Principal Areas of Intervention

Prevention and Early Detection

In order to ensure prevention and early detection of disabilities, the following action will be taken with the assistance of health, education, panchayati raj, welfare and rural development organization both in government and on government sectors:

National, regional and local programmes of immunization (children as well as expectant mothers), public health and sanitation will be undertaken to ensure prevention of outbreak of diseases that may lead to disabilities.
Medical and para-medical personnel will be adequately trained and equipped for early detection of disability amongst children and to follow through with appropriate intervention to minimize the impact of the disability.
Government as well as non-governmental bodies will ensure that all institutions responsible for training of medical and paramedical health functionaries and pre-schools educators (e.g. ICDS functionaries, elementary school teachers), develop modules and facilities for training in disability prevention, early detection and timely intervention through medical and social rehabilitation, these aspects will also be included in postgraduate, undergraduate degree and diploma level training programmes in the field of medical education.
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 and training are available in adequate numbers.
The latest research and findings in the field of genetics will be utilized appropriately to minimize congenital disability.
Appropriate plan of action for disability limitation and prevention of secondary disability within the existing health delivery system will be evolved.
Special attention will be paid towards improving awareness, nutrition, health care, sanitation etc. of adolescent girls, expecting mothers, 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.

Rehabilitation Strategies

Rehabilitation services to the persons with disabilities are a combination of medical and social interventions. The initial process of rehabilitation commences with the recognition of the condition by the family members or the society, which may be caused by a disease, calamity, accident, ageing process or other health conditions. The persons with disabilities resort to various services, which may include physio-occupational therapies, psychological interventions and community support etc. Thus, the policy will develop programmes of rehabilitation which take into account both medical and social rehabilitation of persons with disabilities. Families and communities apart from medical and other professionals shall play an important role in rehabilitation of persons with disabilities.

In order to achieve the above purpose, the Government will take the following measures:

Rehabilitation services will be provided at the district level through DDRCs in keeping with the priorities indicated. Additionally, the capacities of the existing centers with the medical and health departments, social welfare departments or any other organizations including non-governmental organizations shall be upgraded to provide such services in districts not covered by DDRCs.
Set up appropriate centers at the State level for providing composite rehabilitation services for persons with disabilities, including centers for specialized treatment for the cases of spinal injuries. These centers would be designed to undertake a package of functions including human resource development, research and long term specialized rehabilitation services suiting to the requirement of person with disabilities. All State/ UTs will have these centers within the XI Plan period.

The course of rehabilitation and strategies adopted for the purpose shall be designed in consultation with the persons with disabilities/ their parents/ legal guardians, etc.

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Human Resource Development

The Policy recognizes the importance of trained human resources engaged in the task of comprehensive rehabilitation. Medical colleges will be assisted to offer specialization in the medical aspects of rehabilitation particularly in the fields of early detection, appropriate intervention, referral to other facilities and behaviour improvement to minimize the effect of disability.

Programmes will be undertaken to meet the manpower requirement for rehabilitation of persons with disabilities. The manpower will be developed in the following areas -

Training of primary level workers both in health care and in community development comprising of Anganwadi workers, Auxiliary Nurses (Midwifes) etc.
Support for training and orientation of personnel of non-governmental organization providing services to persons with disabilities.
Training and sensitization of community decision makers such as members of Panchayats, head of families etc.
Training and orientation of family members as caregivers.

To meet the requirement of education for children with disabilities under inclusive education, special education, home-based education, pre-school etc, necessary training programmes of different specialization and levels shall be developed and manpower trained. These would specifically include the following training programmes -

Training modules for training of teachers for inclusive education.
Diploma, degree and high level programmes in special education
Training of caregivers for home-based education and care services for disabled adults.

Rehabilitation Council of India shall be nodal agency for preparation of plans for training of rehabilitation manpower. 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, shared and implemented with the help of recognized on governmental organizations.

The National Institutes shall be encouraged to give special thrust in manpower development to meet increasing demand of rehabilitation professionals. They would also be encouraged to take up research activities and develop models of rehabilitation services.

Education

The Policy recognizes that education is the most effective vehicle of social and economic empowerment. In keeping with the Constitutional mandate and personal aspirations and the Persons with Disability Act, education is made available to all children with disabilities up to the minimum age of 18 years. Education would be viewed in its full dimension i.e. "the systematic development and cultivation of the natural powers by inculcation, example etc; any structural training in an institution of learning; the formation of knowledge and skills resulting from instruction and training".

All educational efforts will be child centric and will be designed for the enhancement of natural powers and formation of productivity-oriented skills. Recognizing that all children learn best in the company of their peers, children education, will be through a process of integrated learning in general schools. It will be ensured that every child with disability has access to appropriate preschool, primary and secondary level education by 2020. Special care will be taken to -

make schools (building, approaches, toilets, playgrounds, laboratories, libraries etc. all) barrier free and accessible for all types of disability.
Medium and method of teaching will be suitably adapted to the requirements of most disability conditions.
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.
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 libraries, resource rooms etc.
Curriculum designs will be suitably amended to cater to flexible systems of education and examination.
National Open School and distance learning programmes will be popularized and extended to State level open schools to include children with different disabilities.
Sign language, Alternative and Augmentative Communications (AAC) modes as a viable medium in inter personal communication will be recognized, standardized and popularized.
Personal mobility through aids and appliances and inter-personnel communication through electronic devices will be enhanced. Upgradation of assistive devices will be an ongoing process.
Schools will be located within the easy traveling distance. Alternatively, viable travel arrangements will be made with the assistance of community, State and NGOs.
Parent-Teacher counseling and grievances redressal system will be formalized within the school setting.
There will be separate mechanism to review annually the intake and retention of girl child with disability at primary, secondary and higher levels of education.
Many children with disabilities may not be in a position to join inclusive education system due to the nature and degree of disabilities. These children would continue to get educational services from special schools. Special schools shall be appropriately re-modeled and reoriented based on technological development so that they may act as agents for change in all schools.
It is recognized that in some cases due to nature of disability (its type and degree), personal circumstances and preferences, home based education will be required.

Infrastructure availability for special schools will be enhanced with the clear understanding that special schools will give prolonged education to the same child in the rarest of rare cases and will function primarily as pre-school education centers or transition education centers. Adult learning/ leisure centers for adults with severe learning difficulties will be promoted.

Facilities for technical education designed to inculcate and bolster skill development suited to various types of productive activities by suitable adaptation of the existing institutes or accelerated setting up of institutes in unserved/ underserved areas will be encouraged.

All these activities will require tremendous expansion of trained personnel especially of teachers. Skill specific modules of training will be drawn up with the help and coordination of Rehabilitation Council of India (RCI), Ministry of Human Resource Development, specialized rehabilitation organizations and academic institutions. The Rehabilitation Council of India will be the nodal agency to ensure systematic human resource development.

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Employment

A policy and supporting structure of services to ensure that disabled persons in both urban and rural areas have equal opportunities for productive and gainful employment will be adopted. Rural employment will be enhanced through training, development of appropriate tools and equipments in agro-based activities.

Vocational training and on-the-job training consistent with the disabled person's abilities and the demands of the job market will be provided in an ordinary or specialized institutional set up by the state or voluntary organizations and in industry in adequate numbers. The integration of disabled persons into open employment will be ensured through a variety of measures such as in center- oriented quota system, reservation in designated employment, formation of co-operatives with exclusive or priority production items, provision of sheltered industries etc. Additionally, steps will be taken to:

Ensure reservation in accordance with the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 in identified posts for persons with disabilities in the government sector, including public sector undertakings.
Use pro-active measures like incentives, awards, tax exemptions etc. to encourage the employment of persons with disabilities in the private sector.
Develop appropriate home-based employment programmes for the persons with disabilities who opt for such programmes and specially for severely disabled persons. The system of coaching for employment will also be encouraged.
Facilitate modifications in the machine and work environment necessary for the disabled persons to operate in factories/industry/offices etc.
Lay special emphasis on promoting self-employment of people with disabilities by providing credit at preferential rates of interest and necessary training.
Provide assistance through appropriate agencies like Marketing Boards, District Rural Development Agencies (DRDAs) in marketing of goods and services produced by persons with disabilities.

Barrier-free environment

Public buildings (functional or recreational), transport amenities including roads, sub-ways and pavements, railway platforms, bus-stops modes of transports (bus, train, plane), playgrounds, open space etc. will be made accessible through design changes, use of appropriate material in their construction and strict adherence to their maintenance standards. Architects, construction engineers, who are professionally involved in the design and construction of physical environment will be sensitized to the needs of persons with disabilities through in-service training as well as suitable modifications of the curriculum in technological institutes as part of their professional studies.

Full adoption of comprehensive building byelaws and space standards for barrier-free built environment shall be ensured. The byelaws have been adopted by some of the States and Municipal bodies. Effort shall be made to ensure adoption of the byelaws and space standards by all the states and municipal bodies in the country. All future infrastructure development will ensure universal access.

State Transport Undertakings shall ensure handicapped friendly features in their vehicles, both at the production as well at operation stages. Railways shall provide barrier-free coaches in all the trains in a phased manner. They shall also make the platforms-buildings and other facilities barrier-free.

The Government shall ensure by appropriate measures that Industrial establishments, offices, public utilities both in public and private sector shall provide disabled friendly work place for their employees. Safety standards will be developed and strictly enforced.

The world of computers has brought in the possibility of radical change in the lives of persons with disabilities. Proactive steps will be taken to ensure disability-friendly IT environment in the country.

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Assistive Devices and Personal Mobility

Personal mobility will be enhanced through aids and appliances, which will be continuously upgraded.

Communication needs of the persons with disabilities will be addressed through 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 impairment, while appropriate technologies would be provided to persons with hearing impairment. Use of sign language in all public functions will be encouraged.

A comprehensive public information programme about the needs, abilities, rights and concerns of disabled persons would be put in the public domain in a universally accessible format for the purpose of creating positive attitudinal changes.

A National Disability Information system shall be established.

Social Security

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.

Some of the State Governments and UT Administrations have been providing Unemployment Allowance and Disability Pension to persons with disabilities. The amount provided has been small and may not meet the requirements of persons with disabilities. The Government will take necessary measures so that all the States provide these benefits to the persons with disabilities. There may also be a need to rationalize the amount of pension and unemployment allowance.

There are some insurance policies specifically designed for the persons with disabilities by Life Insurance Corporation of India. There is a need to encourage other agencies to formulate policies for persons with disabilities. The premium charged for the persons with disabilities should be at par with others.

Research

With a view to enhance the knowledge base regarding the status of the persons with disabilities including social attitude and behavioral patterns towards them, studies will be undertaken focusing on the socio-cultural aspects of disability so that appropriate awareness and other programmes may be taken up to improve their status in the society. Efforts will also be made to develop social indicators relating to the education of disabled persons so as to analyze the problems involved and taken up programmes to improve access to education of persons with disabilities. Research studies will be undertaken to generate statistics about the employment status of persons by type of disability especially those who become disabled due to accident and other disasters.

Research studies on the causes, types and incidence of disabilities and genetic research will be given thrust with the intention of minimizing the incidence of disability. The Indian Council of Medical Research will be the nodal agency for research and development in the field of disability prevention and a separate Plan of Action will be worked out.

Adaptive research with a view to developing cost effective, user-friendly and durable aids and appliances for disabled persons with the help of various technological institutes such as Indian Institutes of Technology will be undertaken particularly in the areas of enhanced personal mobility and verbal/non-verbal communication. Design changes in articles of every day usage will be encouraged. The key to maximizing effectiveness of research is the dissemination and sharing of information on the results of the research. Thus, the task of preparation of appropriate information material in different languages and their dissemination will be accelerated.

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Sports and Recreation

The contribution of sports for its therapeutic and community spirit is undeniable. Government will take measures to ensure that persons with disabilities have equal opportunities for recreation and sports through the following means:-

Make places for recreation and sports, hotels, beaches, sports arenas, gym halls, etc. accessible.
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. Suitable training will be provided to the agencies engaged in such activities.
Formation of Sports organizations for persons with disabilities will be encouraged. Spotting of talents and subsequent facilitation for individual and group games will be integrated in the existing infrastructure. There will be mechanism to support the participation of persons with disabilities in national and international events.

Media

The National Policy recognizes that Media has a very important role to play in highlighting the changing situation of persons with disabilities and in identifying emerging issues and areas of concern. The creative use of media can promote the concept of ability and help dispel stereotyped and negative images about the condition of persons with disabilities. Media can also help in strengthening integration between individuals, families and communities.

The Policy aims to involve mass media as well as informal and traditional communication channels on disability issues. It will be necessary to provide opportunities to media personnel to have access to information apart from their own independent source of information and reporting of field situation. Their participation in orientation programmes on issues related to disabilities will be facilitated. Opportunities will be extended for greater interaction between media personnel and persons active in the field of disability. The use of media will be intensified to spread knowledge and awareness about facilities available as well as about groups and individuals working in this area so as to encourage interpersonnel exchanges and formation of support groups.

IMPLEMENTATION

The Ministry of Social Justice & Empowerment will be the nodal Ministry to coordinate all matters relating to the implementation of the Policy. In addition to implementing its own programmes and schemes, the Ministry will play a proactive role in pursuing with the concerned authorities any issues which impinge on the rights of the persons with disabilities. It will also vigorously pursue with other Ministries matters, which further the interests of the persons with disabilities.

An inter-ministerial body to coordinate matters relating to implementation of National Policy will be formed. Similar arrangements will be encouraged at the State levels.

The Chief Commissioner for Disabilities in Central level and State Commissioners at the State level shall play key role in implementation of National Policy, apart from their statutory responsibilities.

A five-year perspective Plan will be prepared by each Ministry associated with the implementation of various aspects of the Policy. Annual Plans will be made within the 5 years Plan period. Annual targets will be set and financial allocation clearly indicated. The annual report on concerned Ministry will indicate progress achieved during the year.

Resources, to the extent possible, will be raised by mobilizing donations from communities and private sector to maintain the infrastructure created and supplies of some consumables, wherever feasible. The efforts to mobilize resources from private sector and community would be further accelerated. This step will be taken not only to reduce the burden on state resources but also for creating a greater sense of responsibility among the community and private entrepreneurs. However, it is recognized that such steps would contribute marginally to the total funding and the Government of India would provide budgetary resources to meet the requirement of various programmes/schemes undertaken for the purpose. The Planning Commission and the Ministry of Finance will facilitate budgetary provisions required for implementation.

Every five year a detailed review will be done on the implementation of the National Policy. The review will be a public document and will be discussed in a national convention. State Governments and Union Territory administrations will be urged to take steps for drawing up of the State Policies and along the lines of the National Policy with clear earmarking of activities, time-frame and budgetary allocation.

Panchayati Raj Institutions will be encouraged to participate 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 plan. Panchayati Raj Institutes will have representation of persons with disabilities particularly women with disability.

National Policy for Persons with Disabilities 2005

THE BACKGROUND

Introduction

Definition of Disability

Emerging Trends

Existing Legislative and Institutional Infrastructure

International Co-operation

National Policy Statement

Prevention and Early detection

Rehabilitation Services

International Co-operation

National Policy Statement

Prevention and Early detection

Rehabilitation Services

National Institutes for development of rehabilitation manpower

Education

Employment for the persons with disabilities

Barrier-free environment

Assistive Devices for Persons with Disabilities

Women with disabilities

Disability Certificate

Collection of regular information on persons with disabilities

Research

Sports and Recreation

Sports

Media

Principal Areas of Intervention

Prevention and Early Detection

Rehabilitation Strategies

Human Resource Development

Education

Employment

Barrier-free environment

Assistive Devices and Personal Mobility

Social Security

Research

Sports and Recreation

Media

IMPLEMENTATION

Acts in Disability

Useful Information

Disability India Journal

National Level Institutes

National Policy for
Persons with Disabilities 2005