Disability Act India

Disability Act India

LEGISLATION AND POLICIES:

There are innumerable types of disabilities that can influence a human being. Some of these conditions are more common than the others. Some of the types of disabilities are perceived by the government in order to provide disability benefits to the needy ones. Frequently individuals can't help thinking about what are the disabling conditions that are more prevalent. The Indian government has covered the Autism in Disability Act, 2016. The act is simplified in a readable manner.

HIGH SUPPORT:

• High support means intensive support, physical, psychological and otherwise, which may be required by a person with benchmark disability for daily activities, to take independent and informed decisions to access facilities and participating in all areas of life including education, employment, family and community life and treatment and therapy.
• The children with Autism Spectrum disorder might require regular guidance and counselling to understand the human relationships around him. A person with intellectual disability might require counselling support on a day to day basis to develop his/her communication skills or to perform daily activities.
• After a wait of 15 years, the government has finally paved the way for giving disability certificates to children with autism.
• Though the government had notified autism as a disability in 2001, it had not been issuing certificates. Now, the department of persons with disabilities under social justice and empowerment ministry has notified guidelines to pave the way for constitution of boards and issuing of disability certificates
• After the notification, the ministry of health would send these guidelines to the state governments, which would in turn constitute the Autism Certification Medical Board comprising a clinical psychologist or rehabilitation psychologist, a psychiatrist and a paediatrician or a general physician.

RIGHTS AND ENTITLEMENTS:

• Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
• Responsibility has been cast upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.
• Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education to the children with disabilities.
• An important right of persons with disability is that of being seen as a legal person in the eyes of law, allowing a person with disability to have his/her own bank account and own property.
• The appropriate Government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others.

DISABILITY ACT 2016:

Marking an extremely important landmark in disability legislation in India, the drafting process of an Act, RIGHT OF PERSON WITH DISABILITY ACT, 2016 was initiated. In order to bring to the forefront the specific needs of people with autism, organisations providing services to individuals with autism across the nation, collated their inputs, and ensured that these specific needs were included in the new draft of the legislation.

Maintenance of Records:

The Act makes it mandatory for establishments to maintain records regarding matters of employment of persons with disabilities, the facilities provided and the various ways in which the establishment has decided to comply with the provisions related to skill development and employment of persons with disabilities;

• The number of persons with disabilities who are employed and the date from when they are employed.
• The name, gender and address of persons with disabilities.
• The nature of disability of such persons.
• The kind of facilities being provided to such persons with disabilities.

SKILL DEVELOPMENT AND EMPLOYMENT:

• This chapter explains the steps the Government needs to take for promoting development of skills and employment amongst persons with disabilities, such as providing loans, training, and marketing of products made by persons with disability.
• It provides for making an Equal Opportunity Policy with all information on the facilities and provisions made for persons with disabilities.
• A special mention is made for provision of the loans at a rate much lower than the normal rate of interest in the banks.
• These could include notifications of training in accessible formats, transportation facilities, fee waivers, sign language interpreters, and documents in Braille, accessible training centres and any other modification required for persons with disabilities.

SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION:

• The reason for this provision is that the living costs for people with disabilities are always higher than for all others; largely due to costs of medical care, assistive devices, support to overcome lack of accessibility and healthcare.
• The Act also provides that support is to be provided to persons with disabilities in times of disasters both natural and man-made and in areas of conflict. Women must be provided support whether financial or otherwise for livelihood and for bringing up their children.

AUTISM IS ALSO COVERED UNDER INCOME TAX ACT, UNDER SECTION 80 DD:

This Act allows individuals to claim tax benefits for the expenses incurred on the medical treatment, training or rehabilitation of a disabled dependent. The disabilities which qualify for tax benefits under section 80 DD of this act includes:

• Hearing impairment
• Mental Retardation
• Mental Illness
• Autism
• Cerebral Palsy
• Blindness
• Low vision
• Locomotor disability
• Leprosy cured

OFFENCES AND PENALTIES:

• Any person who violates the provisions of the Rights of Persons with Disabilities Act or of any of its Rules for the first time will be punishable with a maximum fine of Rs 10,000/-.
• Whoever intentionally insults or intimidates a person with disability, or sexually exploits a woman or child with disability, shall
• be punishable with imprisonment between six months to five years and fine.
• Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.
• If a person continues to refuse the sharing of the information a further fine will be imposed up to the maximum amount of Rs 1000 for each day of the refusal after the first day of the order of punishment or a fine.