(a) the steps taken so far by the Government for the implementation of the Persons
with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act;
(b) the main provisions of the Act;
(c) the number of provisions implemented so far;
(d) whether any special programme for the rehabilitation of the physically
handicapped has so far been launched by the Government; and
(e) if so, the details thereof and the achievements made thereunder, State-wise?
MINISTER OF STATE OF THE MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
SMT. MANEKA GANDHI
(a),(d) & (e) A statement is annexed as Annexure.I.
(b) & (c) A statement is annexed as Annexure. II.
ANNEXURE.I
Annexure.I referred to in respect of Part (a), (d) and (e) of Lok Sabha Unstarred
Question No.3155 for answer on 15.3.2000, put up S/ Shri Ramsheth Thakur and
Ashok N. Mohol, regarding `Equal Opportunities for Handicapped Persons`.
The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full
Participation) Act,1995`, enacted and enforced from Feb., 1996 is an important
landmark in Government of India`s efforts to ensure equal opportunities for persons
with disabilities and their full participation in nation-building. It provides for both
preventive and promotional aspects of rehabilitation like education, employment and
vocational training, job reservation, research and manpower development, creation of
barrier-free environment, rehabilitation for persons with disability, unemployment
allowance for the disabled, special insurance scheme for disabled employees and
establishment of homes for persons with severe disability etc.
2. The implementation of the provisions of the Act, requires a multi-sectoral
collaborative approach, of all Ministries of the Central Government, the State
Governments and other appropriate authorities. They have all been requested to take
necessary action expeditiously. The following actions have been taken to implement
various provisions of the Act:
1) The National Handicapped Finance & Development Corporation has been
operationalised with effect from 24.10.97 to support entrepreneurial activity by the
disabled.
2) Notification of Central Co-ordination Committee as per Section 3 of the Act. The
Committee has undertaken two meetings so far.
3) Central Executive Committee has been notified. The Committee took four meetings
so far to review the progress of implementation of the Act.
4) The Chief Commissioner for Persons with Disabilities has been appointed and he
has assumed the office w.e.f. 1.9.98.
5) Five Core Groups of experts and relevant Ministries have been set up to make
recommendations and formulate schemes to give effect to various provisions of the
Act.
6) 3% reservation of jobs in government establishments and Public Sector
Undertakings has been provided under the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995, for the persons
with disabilities.
7) The Ministry has set up an Expert Committee under the Chairmanship of Additional
Secretary (SJ&E), to review the existing identification of posts (done in 1986) and to
identify more suitable posts.
8) Rules under section 73(1) and (2) have been notified.
9) The National Fund for People with Disabilities, which was set up under the
Charitable Endowment Act, 1890 on 11.8.1983, has been activated and assistance
has been sanctioned to non-government agencies. So far, 17 Projects have been
sanctioned under the Scheme.
10) A new Scheme, namely, Viklang Bandhu has been formulated to provide training
to disabled volunteers. The National Institutes and Regional Rehabilitation
Training Centres have so far trained a number of Viklang Bandhus.
11) A Bill for setting up a National Trust for the welfare of persons with Autism,
Cerebral Palsy, Mental Retardation and Multiple Disabilities has been passed to
provide support to those vulnerable categories and their families.
12) The Rehabilitation Council of India, which is statutory body for standardisation and
training of rehabilitation professional, recognition of training institutions and
registration of professionals, has recently taken up a plan for man-power in disability
rehabilitation throughout the country. Funds have been allocated to RCI for this
purpose.
13) More State Governments have constituted State Coordination Committee and State
Executive Committee and have appointed Commissioner for Persons with
Disabilities, to redress the grievances of the disabled persons.
14) A Conference of State Secretaries, in-charge of persons with disabilities was held on
14-15, Feb., 2000 at New Delhi to discuss the implementation of the Act. A
Workshop of State Education Secretaries and State Labour Secretaries was also
held at New Delhi to sensitise the State officials and to monitor the progress of
implementation of the Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation)Act, 1995.
15) An Inter-ministerial Group has been constituted to monitor the progress made by the
Central Ministries who have specific obligations under the Act.
16) Two Schemes are being implemented for providing support to non-government
agencies working for various programmes for rehabilitation of persons with
disabilities.
17) In consonance with the policy of providing a complete package of welfare services to
the physically, mentally, hearing and visually handicapped individuals and groups
and in order to effectively deal with the multidimensional problems of the
handicapped population, the Ministry of SJ &E has established six National/ Apex
Institutes, each working in a specific area of disability. These institutes are apex-
level organisations in the field of education, training, vocational guidance,
counselling, research, rehabilitation and development of suitable service modules for
the disabled.
18) The Artificial Limbs Manufacturing Corporation (ALIMCO), Kanpur was established
in November, 1972 as a Public Sector Company with the main objective of
developing and manufacturing standard aids and appliances for the disabled
persons and to make them available at reasonable prices to them throughout India.
It manufactures wheel chairs, tricycle, aritificial limbs, crutches and many other aids
and appliances for the handicapped persons.
19) The District Rehabilitation Centre Scheme (DRC) was initiated by the Ministry of
Social Justice & Empowerment during 1985 to provide comprehensive rehabilitation
services to the rural disabled right at their door step in 11 districts of the country.
Four Regional Rehabilitation Training Centres (RRTCs) have also been set up at
Chennai, Mumbai, Cuttack and Lucknow for training and manpower development in
the field of rehabilitation, particularly for the DRCs.
20) Under the Scheme of Employment of the Handicapped financial assistance is given
to States for running special employment exchanges and normal employment
exchanges, for persons with disabilities.
21) For providing suitable and cost-effective aids and appliances and improving the
mobility and enhancement of employment opportunities for the disabled, the scheme
of Science & Technology Project In mission Mode has been launched. Under this
project, financial assistance is provided for generation of new technologies and
guiding these to large scale use to meet social needs.
22) 3% reservation for the disabled in Government establishments is in operation since
1977 in respect of Group C & D identified posts. After enactment of the Act, this
reservation has been extended in Group A & B identified posts vide DoPT`s order
dated 18.2.97. Identification of posts for persons with disabilities in Group A, B, C &
D posts has already been done in 1986. DOPT has also issued clarification that the
existing identification of posts done in 1986 shall remain valid, till the same is
modified by the Government of India. Instructions have also been issued vide letter
dated 17.9.99 that all the recruiting agencies while sending the requisitions to the
UPSC, SSC, etc. for filling up of posts, which have been identified as suitable for
being manned by persons with disabilities, should furnish a certificate to the
agencies that the policy relating to 3% reservation for persons with disabilities has
been taken care of. A circular dated 4.7.1997 is also issued by DoPT providing
points No.1, 34 & 67 in cycle of 100 vacancies in the 100 point register for
reservation for the disabled persons, instead of point No. 33, 67 & 100 prescribed
earlier, for the persons with disabilities in the posts filled by promotion
3. Further, the Government have, in the current year, formulated several schemes
specifically for rehabilitation of persons with disabilities. These include six Composite
Regional Resource Centres in different parts of the country to provide services for
diffferent kinds of disabilities as outreach extension centres of the National Institutes in
the disability sector; four Regional Resource Centres for persons with spinally injuries
and orthopaedic disabilities as a Central Sponsored Scheme with Centre and State
share on 90:10 basis; four Auxiliary Production Centres of Artificial Limb Manufacturing
Corporation of India (ALIMCO) for easy availability of quality aids and appliances. A
new four tier-scheme namely, National Programme for Rehabilitation of Persons with
Disabilities has been recently approved in the State sector in order to create
infrastructure at State/ District/ Block and Gram Panchayat level for providing
comprehensive rehabilitation services to the handicapped. Funds are being released to
the State Governments for implementation of the Scheme. In addition, more than
hundred districts have been identified for providing comprehensive rehabilitation
services at the doorsteps of persons with disabilities. Services identified include setting
up of composite fitment and rehabilitation centres in collaboration between the National
Institutes/ Artificial Limbs Manufacturing Corporation of India/ District Rehabilitation
Centres under the Central Government and the District administration/ State
Government respectively. A Bill for setting up a National Trust for the welfare of
persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities has
been passed to provide support to those vulnerable categories and their families.
ANNEXURE.II
Annexure.Ii referred to in respect of Part (b) & (c) of Lok Sabha Unstarred
Question No.3155 for answer on 15.3.2000, put up S/ Shri Ramsheth Thakur and
Ashok N. Mohol, regarding `Equal Opportunities for Handicapped Persons`.
`The Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995 has been enacted as Act No.1 of 1996. ensures equal
opportunities for persons with disabilities and their full participation in the nation
building. The Act provides for both preventive and promotional spects of rehabilitation
like education, employment and vocational training, reservation, research and
manpower development, creation of barrier-free environment, rehabilitation for persons
with disability, unemployment allowance for the disabled, special insurance scheme for
the disabled employees and establishment of homes for persons with severe disability
etc. The Act has been enforced w.e.f. 7.2.1996.
2. The Act contain various provision, a brief of which is given in the following 14
Chapters.
Chapter 1 defines disability.
Chapter 2 creates a Central Coordination Committee and an Executive
Committee.
Chapter 3 creates state-level coordination committees and executive committees.
The Central Coordination Committee will;
Review and coordinate the activities of all government departments, governmental
and non-governmental organisations n matters relating to disabled people
advise Central Government on formulation of policies, programmes, laws and
projects.
take up the cause of disabled people with authorities working with international
agencies
look at funding policies of donor agencies in the light of their impact on disabled
people.
take other steps to ensure barrier-free environments in public and work places,
schools and other public institutions.
Chapter 4 details prevention and early detection of impairments. The Government must
undertake surveys and research on impairments, give training and encourage
awareness on general health and sanitation, undertake pre-birth and after-birth care
of mothers and infants and educate the public through the mass media.
Chapter 5 gives governments and local authorities the duty of providing free
education to disabled children to the age of 18. It promotes education in mainstream
schools but special schools in public and private sectors must provide vocational
training.
The State also has a duty to give every disabled child ` free of cost, special books and
equipments needed for its education`.
Chapter 6 makes one percent reservation in employment for each of the categories of
blind people, Deaf people and those with mobility impairments. This means that
employers must ensure that three percent of their staff are disabled people with these
impairments.
In Chapter 7 provision is made for disabled people to get plots of land at special rate for
housing business, recreation, education, research or factory centres. Non-
discrimination in physical access and transport is vital to disabled people in every
country.
Chapter 8 gives the guarantee that railway carriages, buses, ships and aircraft will
be designed to give easy access to disabled people. In all public places and in
waiting rooms, toilets must be wheelchair accessible. Braille and sound symbols
are also to be provided in lifts, hospitals, health centres and rehabilitation
institutions. In addition, no employee can be sacked or demoted if they become
disable during service, although they can be moved to another post with the same pay
and conditions. No promotion can be denied because of impairment.
Chapter 9 contains provisions for research and staff power development.
Chapter 10 and 11 contains provisions for institutions for disabled people
Chapter 12 says that the Central Government must appoint a Chief Commissioner for
disabled people, to act as a watchdog on the rights of disabled people. If the
Commissioner learns of discrimination, he has the power to investigate it. State
Governments must appoint state commissioners to perform the same function.
Commissioners will have the same powers as a civil court and their investigations
will be considered judicial proceedings under the Indian Penal Code or the Criminal
Procedure Code.
Chapter 13 gives disabled people rights in insurance and unemployment
allowance.
Chapter 14 makes it a punishable offence (two years imprisonment with a fine of Rs.
20,000) if anyone tries to take any benefit meant for disabled people. Such benefits
are given on the basis of a medical certificate and it has been pointed out that it might
be better if this section contained a provision for punishment of doctors who issue
false certificates.
The implementation of the provisions of the Act requires inter-linkages of the policies
and programmes of various Ministries. Various schemes have to be formulated in
order to implement provisions of the Act. These schemes are basically to be
implemented through various Ministries and Departments of theGovernment of India
and State/UT Governments, as follows:
Prevention, Early Detection & Intervention - Ministry of Health and Family
Welfare.
b) Prevention, Early Detection & Intervention - Department of
Women & Child Development, Ministry of Human Resource Development.
c) Integrated Education - Deptt. of Education, Ministry of Human
Resource Development.
d) Barrier-Free Environment - Ministry of Urban Areas and Employment,
Ministry of Surface Transport, Ministry of Railways and Ministry of Civil Aviation.
e) Vocational Training & Employment - Ministry of Labour.
f) Rural Employment - Ministry of Rural Development
g) Setting up the institutes for training and rehabilitation, setting up of rehabilitatioan
infrastructure in the districts and a variety of other stipulated activities.- Ministry of
Social Justice & Empowerment.
The implementation of the provisions of the Act, requires a multi-sectoral collaborative
approach, of all Ministries of the Central Government, the State Governments and
other appropriate authorities. They have all been requested to take necessary action
expeditiously. A number of provisions of the Act have been implemented details of
which are given in Annexure.I in reply to part (a), (d) & (e) of the question.
Implementation of the provisions of the Act is a continuing process and no time limit can
be specified for this purpose.