Rights of Disabled Persons
Author: Mehak Kumari Vikrant Bhambi
ISSN: 2581-8465
ABSTRACT
Disability is a complex concept that has been differently understood and interpreted by social thinkers, authors, and social workers, due to social indifferences. Every person has the right to enjoy their life equally and with dignity, irrespective he is able or disabled. Moreover, disability is all in the minds of people only. It can be in any form whether physical, mental, or sensory. There are lots of people who are proving that they are physically able, but not mentally, because of their negative attitude towards life and others. It’s the only attitude that nourishes how a human being overall handles things.
No doubt, several laws have been passed by the parliament for the protection of human rights protection. But its implementation is totally in the hands of the government. Therefore, this is the high time where we must think about their rights and protection.
In this research work, much emphasis has been given by the researcher on the various laws and schemes available in the country and contributions for the upliftment of their status and to provide a “human-friendly environment”.
Research Paper
“Disability is a matter of perception
If you can do just one thing well,
You’re needed by someone.”
…Martina Navratilova
As we stepped into the modern era, so do our perceptions and our behaviour towards a lot of things. Generally, a person lacking some natural physical or physiological function is not considered as “disabled”, rather the person is “specially-abled” from that moment itself. They are the persons who are not disabled, rather they are abled in a different sense. To proceed further, it is mandatory to understand the meaning of the term “Disabled.” As per Section 2(i) of Persons with Disabilities Act, 1955, “disability” includes low vision, blindness, leprosy cured, hearing impairment, mental retardation & illness, loco motor disability, hearing impairment.[i] It is not just a health problem. Despite all these disabilities, it can be behavioral or emotional in nature too. Disabled persons are quite capable to accomplish a specific task. They take more time to complete that work as compare to abled persons. This section of society is often criticized as an awkward euphemism. These are one of the abandoned sections of our society. Moreover, sometimes they experience violations. They exist in every age group, every class, every social sector, and every ethnic and religious community. Among all these facts or discriminations, there are a plethora of great and inspiring personalities who had disabilities in their lives, still, they got success in their respective fields. For instance, Tanni Grey Thompson (known as Tanni Grey also) is a Welsh politician, television presenter, and former wheelchair racer. She is also known as a global ambassador for disability sport. She was born with spine Bifida in the year 1969, it is a disease by a birth defect in which a developing baby’s spinal cord fails to develop properly or close properly in the mother’s womb. During her school days, she discovered an interest in sports. After trying a range of sports she realized at the age of 13 that wheelchair racing was her sport of choice. During her last year as a junior athlete, she won the junior National Title over 100meters. With this, she became a part of the British Wheelchair Racing Squad. Totally, in her Paralympic career, she won 16 medals (11 gold, 4 silver, and 1 bronze) also 13world championship medals (6 gold, 5 silver, and 2 bronze).[ii] With this, we have one more dynamic personality amongst us named Stephen Hawking born in the year 1982, was an English theoretical physicist, cosmologist, and author who was director of research at the center for theoretical cosmology at Cambridge University till his last breath. He was the Lucasian Professor of mathematics. He is a lifetime member of the pontifical academy of sciences. Despite being challenged by motor neuron disease, it is a disease that occurs when specialist nerve cells in the brain and spinal cord called neurons stop working properly. He is one of the most admired scientists in physics, with numerous books and publications under his belt. He is the author of various inspirational books also. We can see his numerous TV shows which are based on him and his work.[iii] In addition to this, we have one more incredible personality who is an epitome of bravery and proved it right that we should not trust our fears, because they don’t know our strength. Yes, I am talking about the personality who was born without arms due to a rare birth defect. Her name is Jessica Cox, who is the world’s first licensed armless pilot and the first armless black- belt in the American Taekwondo Association. Ms. Cox has experienced and achieved more than most people do in a lifetime. She also drives a car, flies a plane, and plays piano all with her feet.[iv] There are other inspiring people also who killed their disabilities for the fulfillment of their dreams and set great examples for those also who are able. It takes more than courage to face the adversities to win over and be victorious. If they could do it, so could you! People with disability often do not raise the voice of their own in issues which affect their lives. Therefore, it is the duty of the nation to understand the causes of disability and to know the reasons behind discrimination intended for them and which measures can be taken to ensure equality. Disabled persons must be provided with equal opportunities in all the sectors either in education or the workplace and the global community. The charter of the United Nations of 1945 which is the foundational treaty of the UN nations, it is an intergovernmental organization. As per Article 55, it is the main aim of the organization to create the conditions of stability and well-being which are mandatory for the harmony and friendly relations among nations which are based on equality and self-determination. The main aim of the United Nations to promote:-
- To promote a higher standard of living because a higher standard of living is the utmost for the proper growth of every section of society, especially children.
- To find solutions to international economic, social, health, etc. Somewhere poverty factor has also played a vital role. Due to an insufficient diet, they can not avail of their regular meals.
- To increase their education level. If a person gets educated, it will increase his decision making power.
- To provide fundamental freedom without any discrimination on the basis of religion, race, sex, caste, or language.
The 3447th resolution named as-‘The Declaration of the Rights of Disabled persons’ it was a declaration of the General Assembly of the United Nations which was made on 9th December 1975. In this declaration, the disabled persons shall enjoy all rights without any discrimination. The disabled persons have the following rights:-
- Right to respect for their human dignity irrespective of their disabilities.
- Right to have economic and social insecurity.
- Right to secure and retain employment.
- Right to live with their families.
- Right to participate in all social, creative or recreational activities
- Right to protect against exploitation and discriminatory treatment.
Is there any doubt when we say that there should be no actual differentiation between rights of a man walking on both feet, and single feet, a person seeing the world with one eye or just an eye? Despite above mentioned rights, they have various constitutional rights also, which are mentioned as below:-
- Article 14 of the Indian Constitution, which talks about the Right to Equality and Right to Liberty. The principle enshrined under this article tells us that all are equal in the eyes of law.
- Article 15 of the Indian Constitution, gives protection and prohibit others not to discriminate on the grounds of race, caste, sex or place of birth.
- Article 21 of the Indian Constitution, states that they can also exercise the right to freedom of expression and to give an opinion. It also includes all forms of communications.
- Article 25 of the Indian Constitution recognizes the Right of a person with disabilities to education and to provide equity in social, economic and cultural rights.
- Article 27 of the Indian Constitution deals with the Right to give opportunity to do work freely as per their accessibility and to get equal wages like others who do the same work.[v]
They are entitled to avail some basic rights also:-
- Disability Certificate: – This is the most basic and important document in order to get certain benefits and concessions. The validity of this document is for five years and subject to renewal in case of temporary disability and valid for a lifetime in case of permanent disablement. It can be issued by the State Medical Boards which is established under the State Governments to those who are suffering from more than 40% disability.
- Legal Guardianship Certificate: – Persons who are with specific disabilities like cerebral palsy, mental retardation, or like this they are special cases and unable to make decisions once they become adults. Therefore, in this situation, a certificate will be issued to another person who must be above the age of 18years to make decisions on his or her behalf.
- Disability Pension: – To get this benefit, there are a few conditions. If a person qualifies it only then he can avail of this opportunity i.e. – He must be above the age of 18 years and 80% disability must be there. He must be living below the poverty line only then can get this pension under the Indira Gandhi National Disability Pension Scheme.
- Train Concession: -As per order of Ministry of Railways, Government of India has given a concession of 50% on first and second class ticket, 75% on first ac, second ac and sleeper class train ticket. To avail of this opportunity, they have to produce a certificate from a government doctor.
- Income Tax Concession: – As per the provisions of sections 80DD and 80U of Income Tax Act, 1961, disabled persons are also entitled to avail certain income tax concessions.
- Employment: – 4% of the seats are reserved for these persons in government jobs.[vi]
The disabled persons have the same civil and criminal rights the same as abled persons. There are some specific laws which deal with their rights, safety, and protection: –
- Persons With Disabilities Act, 1995
- The Rights of Persons with Disabilities Act, 2016
- The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act, 1999
- Rehabilitation Council of India Act, 1992.
As per my firm view, disability is all in the minds of human beings only and it’s a fact of life. If we want to achieve something go beyond physical constraints, people must eradicate the negative approach. No doubt, Human life is full of hardships at each and every path. But the positive attitude towards hardship plays a vital role to overcome and face it with ease. “DISABILITY” rather neglect if taken positively by the society itself says “THIS ABILITY.” Although various NGOs and other societies are working for their welfare. Several schemes by the government have proved as relief in providing them socio-economic equality. But, the government should take more appropriate steps for their upliftment. Because it is an unfortunate part of human life which can affect not only the natural way of living but also despair component strength and power. For this, the government should focus on providing medical aid. It should be fixed at nominal charges, so that person belonging to any class can afford it easily. Moreover, lack of awareness among people belonging to lower caste or who are illiterate or belong to any other category must be eradicated by organizing various street plays or dramas so that one can easily get full information of their rights.
[i] Persons with Disabilities Act, 1955
[iv] https://www.jessicacox.com
[v] http://www.legalserviceindia.com/article-98-rights-of-disabled-persons.html
[vi] http://www.lawfirms.in/blogs/rights-of-disabled-persons-in-india