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FAQs on PWD Act, 1995

The Act also entrusts the government with the task of making public life more comfortable for persons with disabilities using economic resources available. This includes construction of ramps in all public places, ensuring auditory signals at traffic lights etc.

Q 2. What are the categories of disability as defined under the Persons with Disabilities (Equal Oppurtunities) Act?

The categories are:

Blindness
Low vision
Leprosy-cured
Hearing impairment
Locomotor disabilities
Mental retardation
Mental illness

People whose disabilities fall under the above categories can avail of benefits under the Act, in education and employment.

Each category of disability is defined under the Act as follows.

Blindness refers to the total absence of sight. or visual acuity less than 6/20 or 20/200 in the better eye with correcting lenses, or limitation of the field of vision subtending an angle of 20 degrees or worse.

Under the category of 'Leprosy-cured' come people who have been cured of leprosy but who suffer from residual disabilities caused by leprosy. These range from loss of sensation in hands or feet to physical deformities and paralysis that allow the individual to indulge in some economic activity, to a state of extreme physical deformity and/or old age that make the person unfit for employment.

Mental retardation refers to a condition of arrested or incomplete development of the mind of a person, especially charaterised by subnormal intelligence. Cerebral palsy also falls under this category. Individuals who lack motor control as a result of brain injuries occurring in pre-natal (before the birth of the child), peri-natal (during the delivery of the child) or the infant period of development also come under this category.

Mental illness includes any mental disorder other than mental retardation.

Q 3. On what grounds is a person considered 'disabled' and under the Act?

A person with any of the disabilities outlined above is entitled to privileges under Indian law. The individual must however, suffer at least forty percent of the disability to be eligible for these benefits. The degree of disability must be determined and certified by a medical authority.

Rights of the Disabled - Education

Q 4. Does a disabled child have a right to education?

The government must to ensure that every child with a disability has access to free education in an appropriate environment till s/he is eighteen years old. The local government authorities must provide books and special equipment necessary for the disabled person free of cost. The government must also cover the costs of special education of children with disability. The government must endeavour to integrate students with disabilities in normal schools.

Many children with mental retardation and mental illnesses and some physically disabled children require special school environments and therefore cannot study in the same environment as children in normal schools.

The government must promote the setting up of schools providing special education for these children and must equip these schools with vocational training facilities.

Q 5. What about non-formal education? Does the Act include this in the government's mandate at all?

Yes. The government and the local authorities must develop schemes to conduct part-time classes for children with disabilities who have received education till class five. The government must also conduct special part-time classes to provide functional literacy for children who are sixteen years and older. Attempts to impart education through interactive electronic or other media must be made.

The government must initiate research themselves or with NGOs to design and develop new assistive devices, teaching aids, special teaching materials and other such items required for the education of a child with disability.

Q6. If a child is disabled, and is enrolled in school but the family does not have the means to provide him with books and equipment necessary for his special education, can the family ask the government?

The local government and local authorities are expected to provide every child with special books and equipments needed for her or his education free of cost. So the family can ask the local government or authorities for any books or equipment that are needed for the special education of a disabled child.

Q6 a. Is there reservation for disabled persons in all educational institutions?

There is reservation for disabled persons in all government educational institutions and all educational institutions receiving aid from the Government. The reservations for disabled persons by any such institution should not be less than three percent.

Q 7. What is the special duty of all educational institutions to blind students who are studying in these institutions?

All educational institutions must provide an amanuensis for students who are blind. An amanuensis is a person who will take dictation for the blind student. This is essential to ensure that the student is able to study without being disadvantaged in the educational institution.

Rights of the Disabled - Employment

Q 8. Is there any reservation of jobs for disabled persons?

The Persons with Disabilities (Equal Opportunities) Act prescribes certain measures to ensure that people with disabilities have privileges in the area of employment. In all government establishments and in the public sector there must be reservation for persons with disabilities. This should not be less than three percent. Within this reservation, one percent must be reserved for persons with from blindness or low vision, hearing impairment, locomotor disability and cerebral palsy.

The government can exempt some establishments from employing people with disabilities depending on the type of work conducted at the establishment.

The private sector is not under any legal obligation to make reservations for persons with disabilities but it is the government's duty to provide incentives to employers in private and public sectors to ensure that at least five percent of the workforce consists of persons with disabilities.

Q 9. How can it be ensured that any department of the government or establishment does keep seats aside for disabled persons?

The Special Employment Exchange is a government department that ensures that all government establishments and departments have reservations for persons with disability (for a maximum of three per cent). The Special Employment Exchange has the power to inspect any record or document in possession of the establishment. It may send a notification to any establishment or department asking for information about vacancies in the office that have been filled by disabled persons, or are going to be made available between specified dates. The establishment must comply with the Special Employment Exchanges and send the information. The Special Employment Exchange can ask any questions while gathering information they require.

Q 10. What happens to vacancies for disabled persons that are not filled up?

Vacancies that are not filled because of the unavailability of a suitable candidate with disability must be carried forward to the next recruiting year. If in the second year the vacancies are not filled, disabled persons who do not belong to the specified category for which the job is reserved may be given the posts.

In the event that the employer is not able to find suitable candidates with disability for the post by the third year, the employer can fill the vacancy with a person without disability.

Q 11. Does a disabled person have an equal right to promotion as any other person?

A person cannot be denied a promotion solely on the grounds of his/her disability. There is an exception to this rule however. A person with disability cannot be promoted if the new job entails work that cannot be done by someone with a disability.

Q 12. Does a disabled person have a right against discrimination in the work place?

Yes, a disabled person has a right against discrimination at the work place. No establishment can dispense with, reduce in rank any employee who gets a disability during her or his service in the establishment

A person who acquires a disability during the course of his/her employment in any government establishment cannot be dismissed. If unable to continue doing his/her work as before, s/he should be given a more suitable job with equivalent pay and benefits until retirement. There is no legal obligation on private sector organisations to follow this rule, but many do.

Rights of the Disabled Allotment of land for helping disabled persons

The government and local authorities must frame schemes for disabled persons, allowing for a preferential allotment of land at concessional rates for the following purposes.

Housing
Setting up a business
Setting up of special recreation centres
Establishment of special schools
Establishment of research centres
Establishment of factories by entrepreneurs with disabilities

Rights of the Disabled - Institutions for Taking Care of People with Severe Disabilities

It is the duty of the government to maintain or support persons with severe disabilities. Persons with severe disabilities are those with more than eighty percent of a disability.

The government can establish and maintain such institutions where it considers fit. It can recognise institutions other than government institutions, as institutions for severely disabled persons and such institutions must comply with the rules under the Equal Opportunities Act, and the rules under the Act.

Q 13. How does an institution for disabled persons get recognition from the State government?

All institutions for the people with disability must have a certificate of registration under the Persons with Disabilities (Equal Oppurtunities) Act. To get this certificate, an institute must send an application to the competent authority as specified by each State Government. On receipt of the application the State government will make enquiries into the workings of the institution. The institution will be given reasonable opportunity to prove its credibility before a decision is taken.

All institutions applying for recognition from the government must comply with the requirements of the Act and all the rules under the Act. The institution should be able to provide the same facilities and maintain the same standards as the State Government maintained institutions.

Q 14. I run an institution for disabled people. How do I get my registration renewed?

To get your registration renewed you must apply to the authority specified by the respective state government sixty days before the expiry of your registration.

Q 15. I run an institution for disabled people and have got a certificate of registration. Can this certificate be revoked?

The government or any other authority appointed by the government to oversee the welfare of people with disability has the power to revoke a certificate of registration under certain circumstances. These are:

If a false statement has been made about material particulars regarding the institution during registration.

Some of the rules/regulations set by law or conditions on the basis of which the certificate was granted have been breached.

The certificate can be revoked only after the holder of the certificate has been given the opportunity to plead the case of the institution.

Q 16. If the certificate is revoked, when is the institution supposed to cease functioning?

The institution must cease functioning from the day of revocation of the certificate.

The law allows an appeal within a period of time prescribed by the State Government. If the institution does not appeal the order, then at the end of the time set aside for allowing the institution to appeal, the institution must stop functioning.

If there is an appeal, the order revoking the certificate stands pending the disposal of the appeal. If the institution looses the appeal it will have to stop functioning from the date that the appeal order is given.

The institution must return the certificate to the government or the competent authority once the certificate has been revoked by order.

Q 17. What happens to the inmates of the institution, when the certificate is revoked?

The government or the authority that is in charge of such an institution for the disabled can direct that inmates of the institution must be restored to the custody of his/her parent, spouse, or any other lawful guardian or transferred to any other institution specified by the government or competent authority.

Rights of the Disabled - Non-discrimination for Disabled Persons, in day-to-day Life

Q18. Is the government supposed to take measures such that public transport for the disabled person is made easier?

Within its economic capacity, the government is expected to take special measures to adapt railway compartments, buses, and aircrafts to permit easy access to people with disabilities.

The government is expected to adapt toilets in railway compartments, vessels, aircrafts, and waiting rooms to suit the needs of people who use wheel chairs.

Q19. Is the government supposed to take special measures to help make the life of the disabled person more comfortable?

Within its economic capacity, the government is expected to take measures to make the life of a person with disability easier. The Persons with Disabilities Act necessitates the provision of

Auditory signals at red lights
Slopes and cuts in the curbs to make it easier for those using wheelchairs
Engravings on zebra-crossing, that can be perceived by people who are blind
Symbols for types of disability used appropriately in public places
Warning signals at various appropriate places
Apart from these measures taken by the government in the outdoors, the government must also take in built-up spaces. Authorities should provide
Ramps in public buildings, hospitals, primary health centres, and other medical care and rehabilitation institutions.
Adapted toilets for wheelchair users
Braille and auditory symbols, or the use of voice in elevators
Rights of the Disabled Fraudulently Taking Advantage of Special Benefits for Disabled Person

Q 20. What happens if someone takes advantage of the benefits that are meant for me as a disabled person?

A person who takes advantage of the benefits meant for disabled persons s/he can be punished with imprisonment which may extend to two years or with fine, which may extend to twenty thousand rupees or more.

Rights of the Disabled Social Security

Q 21. What is the duty of the government or other authorities for ensuring the rehabilitation of disabled people?

The government or other authorities and local authorities are under a duty to undertake the rehabilitation of all people with disabilities, within the economic capacity of the government. For this purpose the government can grant funds to NGOs that work with people with disabilities and consult them when formulating rehabilitation policies.

Q 22. Is there a special insurance scheme for people with disabilities?

The government has a special insurance scheme or an alternative security scheme for government employees with disability. There is no general insurance scheme available for those with disabilities, who are not employed by the government.

Q 23. Is there a special unemployment allowance for people with disabilities?

The government must provide unemployment allowances for people with disabilities, if it is within its economic capacity. This scheme, if framed by the government, will be available only to those who are registered with the Special Employment Exchange for more than two years, and have not been able to find employment in this period.

Q 24. Is there any other special benefit that the government must provide for people with disabilities?

The government must make reservations for people with disabilities in any poverty alleviation schemes that are slated to be put into practice. This reservation may be for a maximum of three percent.