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Home >> Legislation
& Policy >> Rights & Privileges
RIGHTS OF PERSONS WITH DISABILITY UNDER THE DISABILITIES ACT, 1995
- Rights to Equal opportunity with the non-disabled.
- Right to Protection of the legal rights of the disabled.
- Right to Full participation in the affairs of the life at par with
those who are non-disabled.
- The disabled have been statutorily recognised by this Act and the
various forms of disability have been given legal definition.
- The disabled have the right to be taken care of and rehabilitated
in the mainstream of life in terms of this Act and the Government and
other authorities and establishments covered by this Act have an obligation
to fulfill their duties towards the disabled in the light of the provisions
contained in this Act.
- It is the duty of the central and State Governments to take preventive
steps so that the occurrence of disabilities is arrested, provide training
to the staff at primary health centres, improve hygiene health and sanitation
measures, screen children at least once a year , identify risky cases,
provide for prenatal, perinatal and postnatal care of mother and child
and create awareness amongst the people on the causes and measures to
be taken to prevent disability.
- Every child with disability is entitled to free education in appropriate
environment up to the age of 18 years and the Government should set
up special schools for imparting special education, promote integration
of disabled students in normal schools and provide opportunities for
vocational training to disabled children.
- Disabled children having studied upto fifth class can continue their
education as part-time students, through open schools or open universities
and are entitled to special books and equipments free of cost from the
Government.
- It is the Government's duty to develop new assistive devices, teaching
aids and special teaching material so that disabled children may have
equal opportunities in education. The Government has to set up teacher
training institutions for training children with disabilities and prepare
comprehensive education schemes providing for transport facilities to
disabled children to attend school, provide books, uniforms, other materials
to them, I scholarships, restructured curricula and amanuensis for blind
students.
- There shall be reservation of posts for the disabled upto one percent
each for those who have blindness, impaired hearing or cerebral palsy
for which posts will be identified by the Government every three years.
Vacancies not filled up can be carried forward to the next year.
- Special Employment Exchange to provide for the disabled who seek employment
has to be set up by the Government.
- All Government educational institutions and aided institutions shall
reserve upto 3% seats . for persons with disabilities. Vacancies are
to be reserved in poverty alleviation schemes. Incentives are also to
be given to employers to ensure that 5% of workforce is composed of
disabled persons.
- Disabled persons will also be entitled to preferential allotment of
land at concessional rates for housing and for rehabilitation purposes.
- There shall be no discrimination of the disabled in transport facilities,
traffic signals on the road, or in built environments. Neither shall
there be any discrimination of the disabled in matters of government
employment.
- The Government will regulate recognition of institutions for the disabled
or for those with severe disability.
- The Chief Commissioner and the State Commissioners will look into
the complaints with respect to matters relating to deprivation of rights
of the disabled.
- The Government and local authorities shall undertake rehabilitation
of the disabled, grant aid to non-Government organisations, devise insurance
Schemes for the disabled employees and also frame unemployment allowance
scheme for the disabled.
- Those who avail or attempt to avail benefits meant for the disabled
in a fraudulent manner are punishable with imprisonment upto 2 years
with payment of fine upto Rs.20,000/-.
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