Certification of Disability

1.1 The Persons with Disabilities Amendment Rules, 2009[1] provide detailed guidelines for issue of disability certificates. The Rules lay down that disability certificates may be issued either by a medical authority competent to issue disability certificates in the district of residence of the applicant or by the concerned medical authority in the government hospital where the applicant has undergone or is undergoing treatment in connection to the disability.

The certificate issued by the Medical Board makes a person eligible to apply for facilities, concessions and benefits admissible under schemes of the Government or Non-Governmental Organisations, subject to such conditions as the Central or the State Government may impose.

1.2 The Government has notified the guidelines for evaluation of locomotor, blindness, low vision, hearing, mental retardation and multiple disabilities and the procedure for certification vide notification No. 16-18/97-NI I dated 1st June, 2001. As per the guidelines, the Director General of Health Services, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi is the final authority for any controversy / doubt regarding the interpretation of the definitions/classifications / evaluations tests etc.

1.3 Procedure for Certification 2002[2] via Notification No. 16-18/97-NI dated 18 February 2002 provides guidelines for Evaluation and Assessment of Mental Illness.

Education

2.1 Article 41 of the Constitution of India titled Right to Work, to education and to public assistance in certain cases states that the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

2.2 The 86^th Amendment to the Constitution introduced a new Article 21-A that made the right to education a fundamental right of all children from the age of six to 14 years. It also substituted Article 45 as Provision of early childhood care and education of children below the age of six years that states that the state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

2.3 Section 26 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 (PWD Act) provides that the appropriate Governments and the local authorities shall-

(a) Ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years;

(b) Endeavour to promote the integration of students with disabilities in the normal schools;

(c) Promote setting up of special schools in Government and private sector for those in need of special education, in such a manner that children with disabilities living in any part of the country have access to such schools;

(d) Endeavour to equip the special schools for children with disabilities with vocational training facilities.

2.4 Section 27 of the PWD Act provides that the appropriate Governments and the local authorities shall by notification make schemes for-

(a) Conducting part-time classes in respect of children with disabilities who having completed education up to class fifth and could not continue their studies on a whole-time basis;

(b) Conducting special part-time classes for providing functional literacy for children in the age group of sixteen and above;

(c) Imparting non-formal education by utilizing the available manpower in rural areas after giving them appropriate orientation;

(d) Imparting education through open schools or open universities;

(e) Conducting class and discussions through interactive electronic or other media;

(f) Providing every child with disability free of cost special books and equipments needed for his education.

2.5 Section 28 of the PWD Act provides that the appropriate Governments shall initiate or cause to be initiated research by official and nongovernmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education.

2.6 Section 29 of the PWD Act provides that he appropriate Governments shall set up adequate number of teachers' training institutions and assist the national institutes and other voluntary organizations to develop teachers' training programmes specializing in disabilities so that requisite trained manpower is available for special schools and integrated schools for children with disabilities.

2.7 Section 30 of the PWD Act provides that without prejudice to the foregoing provisions, (be appropriate Governments shall by notification prepare a comprehensive education scheme which shall make Provision for-

(a) Transport facilities to the children with disabilities or in the alternative financial incentives to parents or guardians to enable their children with disabilities to attend schools.

(b) The removal of architectural barriers from schools, colleges or other institution, imparting vocational and professional training;

(c) The supply of books, uniforms and other materials to children with disabilities attending school.

(d) The grant of scholarship to students with disabilities;

(e) Setting up of appropriate fora for the redressal of grievances of parent, regarding the placement of their children with disabilities;

(f) Suitable modification in the examination system to eliminate purely mathematical questions for the benefit of blind students and students with low vision;

(g) Restructuring of curriculum for the benefit of children with disabilities;

(h) Restructuring the curriculum for benefit of students with hearing impairment to facilitate them to take only one language as part of their curriculum.

2.8 Section 31 of the PWD Act provides that all educational institutions shall provide or cause to be provided amanuensis to blind students and students with low vision.

2.9 Section 39 of the PWD Act provides that all Government educational institutions and other educational institutions receiving aid from the

Government, shall reserve not less than three per cent seat for persons with disabilities.

2.10 Right of Children to free and compulsory Education (RTE) Act 2009 provides that every child has the right to full time elementary education of satisfactory and equitable quality in a formal school that satisfies certain essential norms and standards.

Schemes:

2.11 SSA - Sarva Shiksha Abhyan:

SSA[3] is a flagship central scheme that provides for free and compulsory education for children in the age group of six to 14 years including coverage of children with special needs under special focus groups. SSA will ensure that children with disabilities are provided education in appropriate environment and will adopt a zero rejection policy that will ensure that no child is left out of the education system.

2.12 Rashtriya Madhyamik Shiksha Abhyan (RMSA)[4]:

RMSA aims to enhance access to secondary education and improve its quality. This scheme subsumes the earlier Integrated Education for the Disabled at Secondary Stage (IEDSS)[5] scheme under its umbrella and supports children with disabilities aged 14 or above for completing their secondary education from Class 9 to Class 12 in government, local body and government aided schools.

The scheme provides for identification of children with disabilities moving from elementary school to secondary and providing them with aids and appliances for their disabilities, access to learning material, transport facilities, hostel facilities, scholarships, books, assistive technologies and provision of scribes and readers.

2.13 Scheme of National Scholarship for Persons with Disabilities:[6]

Scholarship is awarded for pursuing post matric / professional / technical courses of duration more than one year. For students with autism / cerebral palsy / mental retardation / multiple disabilities the scholarship is provided from Class 9 onwards. Advertisements are placed in all national dailies and on the MSJE website in the month of June. Applicants are eligible if they have disability above 40 per cent and the total family income does not exceed Rs. 15,000 per month.

Fees up to Rs. 10,000 are reimbursed every year.

Financial assistance is provided for procuring computer with editing software for students with visual impairment / hearing impairment pursuing graduate / post graduate professional courses and support access software for students with cerebral palsy.

2.14 Rajiv Gandhi Fellowship scheme:

This scheme provides scholarships to persons with disabilities to pursue higher education such as M Phil / Ph D. The scheme offers 200 fellowships every year and covers all the universities and institutions covered by the University Grants Commission. All students with disabilities admitted to M. Phil / Ph. D programmes of any university or academic institution are eligible to receive the fellowship provided they meet the requirements of the scheme. The fellowship will be awarded for a maximum of five years.

2.15 The Central Board of Secondary Education (CBSE) has amended its examination by-laws for students with disabilities. [7] The amended by-laws are listed below:

o Rule 23 of Chapter 4 that provides exemption from the third language has been amended to include students with visual impairment, hearing and speech impairment, dyslexia and all other types of disabilities as defined in the PWD Act 1995.

o Rule 24 of Chapter 4 has been amended to permit students with visual impairment, physical disability, dyslexia, autism and other disabilities as defined in the PWD Act 1995 appearing for Secondary School examination or Senior School Certificate Examination, to use amanuensis and is permitted extra time at the rate of

For paper of 3 hours duration 60 minutes

For paper of 2½ hours duration 50 minutes

For paper of 2 hours duration 40 minutes

For paper of 1½ hours duration 30 minutes

o Students with visual impairment, hearing and speech impairment, spastic, dyslexia, autism and other types of disabilities have the option of studying one compulsory language instead of two.

Employment

3.1 Section 32 of the PWD Act provides that appropriate Governments shall:

(a) Identify posts, in the establishments, which can be reserved for the persons with disability;

(b) At periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology.

3.2 Section 33 of the PWD Act provides that every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent. Each shall be reserved for persons suffering from-

(i) Blindness or low vision;

(ii) Hearing impairment;

(iii) Locomotor disability or cerebral palsy, in the posts identified for each disability:

Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

3.3 Section 36 of the PWD Act provides that where in any recruitment year any vacancy under section 33, cannot be filled up due to nonavailability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with disability is not available, it may first be filled by interchange among the three categories and only when there is no person with disability available for the post in that Year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability: Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.

3.4 Section 38 of the PWD Act provides that the appropriate Governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for:

(a) The training and welfare of persons with disabilities

(b) The relaxation of upper age limit

(c) Regulating the employment

(d) Health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed

(e) The manner in which and the person by whom the cost of operating the schemes is to be defrayed

(f) Constituting the authority responsible for the administration of the scheme.

3.5 Section 47 (1) of the PWD Act provides that no establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service.

Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits.

Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

3.6 Section 40 of the PWD Act provides that the appropriate Governments and local authorities shall reserve not less than three per cent in all poverty alleviation schemes for the benefit of persons with disabilities.

3.7 Section 43 of the PWD Act provides that the appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concession] rates for:

(b) Setting up business

(f) Establishment of factories by entrepreneurs with disabilities

3.8 The government has established special employment exchanges for persons with disabilities in all state capitals and special employment cells have been set up in all district headquarters for recruitment to government posts reserved for persons with disabilities. In places where special employment exchanges have not been established, special employment cells have been set up within regular employment exchanges. Persons with disabilities are required to register themselves with the special employment exchanges / cells to be eligible for government employment under reservation. Special employment registrations can also be done at the 17 vocational rehabilitation centres for persons with disabilities.

3.9 Scheme to provide incentive to private employers:

The government provides for employment of persons with disabilities in the private sector through incentives to employers. [8] The government pays the employer's contribution of the disabled employee's provident fund and employee state insurance up to three years for employment of persons with disabilities to a maximum salary of Rs. 25,000 per month.

3.10 NHFDC schemes:

The National Handicapped Finance and Development Corporation provides loans to persons with disabilities for self employment. [9] The details of the schemes are given as under:

i. for setting up small business in service / trading sector - loan of Rs. 3,00,000 (Three lakh)

ii. For setting up small business in sales / trading sector - Rs. 5,00,000 (five lakh)

iii. For agriculture / allied activities - Loan of up to Rs. 10,00,000 (ten lakh)

iv. Purchase of vehicle for commercial hiring - Loan of Rs. 10,00,000 (ten lakh)

v. For setting up small industries unit - Loan of Rs. 25,00,000 (25 lakh)

vi. For professionally educated / trained persons with disabilities for self-employment - Rs. 25,00,000 (25 lakh)

vii. For building business premises on own land for employment - Rs. 3,00,000 (three lakh)

The business for which financial assistance is sought should be directly operated by the applicant. In case of persons with autism, cerebral palsy or mental retardation, the parent / spouse / legal guardian of the applicant is authorised to enter into contract with NHFDC on behalf of the applicant.

Applicant should fulfil the following eligibility criteria:

Should have a disability of minimum 40 percent

Should be an Indian citizen

Should have the required professional / technical qualification for the business undertaken

Loans should be repaid by a maximum of 10 years.

3.11 Swarna Jayanthi Gram Swarozgar Yojna[10]

This initiative from the Ministry for Rural Development was launched as an integrated self employment programme for the rural poor on 1^st April 1999. The scheme involves establishment of Self Help Groups (SHGs) for social mobilisation, training, capacity building and provision of income generating assets through bank credit and government subsidy. Three per cent reservation is provided to persons with disabilities under this scheme.

The subsidy allowed under SJGSY for persons with disabilities is 50% of project cost subject to a maximum of Rs. 10,000.

In case of persons with disabilities, SHGs may be formed with a minimum of five members.

3.12 Swarna Jayanti Shahari Rozgar Yojna (SJSRY):[11]

This is a scheme by the Ministry of Housing and Urban Poverty Alleviation initiated to provide self employment and wage employment for the urban poor living below the urban poverty line.

Under the Urban Self Employment Programme, three per cent reservation is provided to persons with disabilities under this programme.

This scheme is not applicable to persons educated beyond the 9^th standard.

3.13 Scheme for providing financial assistance to set up new enterprises under PMEGP (Prime Minister Employment Generation Programme): [12]

This scheme initiated by the Ministry of Micro Small and Medium Enterprises (MSME) is implemented through the Khadi and Village Industries Commission (KVIC) as the nodal body at the national level and through state KVIC Directorates, state Khadi and Industries Boards and Districts Industries Centres and banks at the state level.

The maximum cost of the project/unit admissible under manufacturing sector is 25 lakh and under business/service sector is 10 lakh.

For persons with disabilities: Beneficiaries contribution of project cost is 0.5%;

Rate of subsidy of project cost: 25% in urban areas; 35% in rural areas

The balance amount of the total project cost will be provided by Banks as term loan as well as working capital.

Social Security

A. Schemes under the Department of Disability Affairs for persons with disabilities

4.1 Assistance to Disabled Persons for Purchase /Fitting of Aids and Appliances

(ADIP ) Scheme:

The main objective of the scheme is to assist needy persons with disabilities in procuring durable sophisticated and scientifically manufactured, modern, standard aids and appliances that can promote their physical, social and psychological rehabilitation by reducing the effects of disabilities and enhance their economic potential. Aids and appliances which do not cost less than Rs. 50 and not more than Rs. 10,000 are covered under the scheme. The scheme also covers travelling expenses for the beneficiary with one escort to the nearest medical centre for fitting of aids / appliances, cost of surgical / medical intervention before the fitting, and boarding and lodging expenses to a maximum of 15 days.[13]

4.2 Deendayal Disabled Rehabilitation Scheme (DDRS):

This scheme replaced the earlier 'Scheme to Promote Voluntary Action for Persons with Disabilities' on 01.04.2009. Under this scheme financial assistance is provided through NGOs for various projects for providing education, vocational training and rehabilitation of persons with disabilities. It is a scheme to promote voluntary action for persons with disabilities. The maximum level of support could be up to 90% of the eligible amount of grant for the project.

4.3 Scheme of National Awards for the Empowerment of Persons with Disabilities: In order to recognise their effort and encourage others to strive to achieve excellence in this field, separate awards are being presented to the most efficient/outstanding employees with disabilities, best employers, best placement agency/officer, outstanding individuals, outstanding institutions, role models, outstanding creative disabled individuals and for outstanding technological innovation and adaptation of innovation to provide cost effective technology. Awards are also given to Government Sector, Public Sector Undertakings and private enterprises for creating barrier free environment for the persons with disabilities, the best district in the field of disability rehabilitation, best Local Level Committee of the National Trust and to the best State Channelising Agency (SCA) of the National Handicapped Finance and Development Corporation (NHFDC). Preference is given to the placement of women with disabilities, particularly, from the rural areas and self-employed women.[14]

4.4 Composite Regional Centres for Persons with Disabilities (CRCs): Due to lack of adequate facilities for rehabilitation of Persons with Disabilities, the Ministry has set up multiple Composite Regional Centres for Persons with Disabilities at Srinagar, Sundernagar (Himachal Pradesh), Lucknow, Bhopal, Kozhikode, Ahmedabad (No. 6-9/2009-NIS) and Guwahati to provide both preventive and promotional aspects of rehabilitation like education, health, employment and vocational training, research and manpower development, rehabilitation for persons with disabilities etc.

4.5 District Disability Rehabilitation Centres (DDRCs): The Ministry with active support of State Governments is facilitating setting up District Disability Rehabilitation Centres (DDRCs) to provide rehabilitation services to persons with disabilities. Centres are being set up in unreached and unserved districts of the country in a phased manner. These centres are to provide services for prevention and early detection, referral for medical intervention and surgical correction, fitment of artificial aids and appliances, therapeutical services such as physiotherapy, occupational and speech therapy, provision of training for acquisition of skills through vocational training, job placement in local industries etc. at district headquarters and local camps.

B. Schemes under the Ministry of Rural Development for persons with disabilities

4.6The Indira Gandhi National Disability Pension Scheme :[15] This was inserted as a component of the National Social Assistance Programme on 17^th February, 2009 by the Secretary, Ministry for Rural Development. Under IGNDPS, central assistance of Rs. 300 p.m. per beneficiary is provided to persons with severe or multiple disabilities in the age group of 18-79 years and belonging to a household living BPL as per criteria prescribed by Government of India.

4.7 Indira Awaas Yojana: It is a centrally sponsored housing scheme for providing dwelling units free of cost to the rural poor living below the poverty line at a unit cost of Rs. 20,000 in plain areas and Rs. 22, 000 in the hill/difficult areas. Three percent of its funds are reserved for the benefit of disabled persons living below the poverty line in rural areas.

Accessibility

Accessibility is a measure of the extent to which a product or service can be used by a person with a disability as effectively as it can be used by a person without that disability.[16]

5.1 Article 15 (2) (a) of the Constitution of India States that no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels or places of public entertainment.

5.2 Section 44 of the PWD Act states that establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to-

(a) Adapt rail compartments, buses. Vessels and aircrafts in such a way as to permit easy access to such persons;

(b) Adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently.

5.3 Section 45 of the PWD Act provides that the appropriate Governments and the local authorities shall, within the limits of their economic capacity and development. Provide for-

(a) Installation of auditory signals at red lights in the public roads for the benefit of persons with blindness or low vision;

(b) Causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users;

(c) Engraving on the surface of the zebra crossing for the blind or for persons with low vision;

(d) Engraving on the edges of railway platforms for the blind or for persons with low vision;

(e) Devising appropriate symbols of disability;

(f) Warning signals at appropriate places.

5.4 Section 46 of the PWD Act provides that the appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for-

(a) Ramps in public buildings;

(b) Braille symbols and auditory signals in elevators or lifts;

(d) Ramps in hospitals, primary health centres and other medical care and rehabilitation institutions.

5.5 Section 48 (e) of the PWD Act provides that the appropriate Governments and local authorities shall promote and sponsor research, inter alia, in the area of site modifications in offices and factories.

5.6 Section 30 (B) of the PWD Act provides that the appropriate Governments shall by notification prepare a comprehensive education scheme which shall make Provision for the removal of architectural barriers from schools, colleges or other institutions imparting vocational and professional training.

5.7 Guidelines and Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons: [17]

In order to create a barrier free environment in consonance with the provisions of the PWD Act, the Government of India, Ministry of Urban Affairs & Employment (MUAE) is currently engaged in the process of amending/modifying the existing building bye-laws which would be applicable to all buildings and facilities used by the public. With this intention to ensure that everyone, including the physically disabled and elderly persons will have equal access in everyday life in the city, the MUAE has constituted a committee under the chairmanship of DG (W), CPWD for the purpose of developing comprehensive Guidelines and space Standards for barrier free built environment for disabled and elderly persons. The office of the Chief Commissioner of Persons with Disabilities has also developed guidelines for planning barrier free environment for persons with disabilities. The chapter on accessibility in the National Building Code published by the Indian Bureau of Standards also provides guidelines for creating accessible infrastructure.

5.8 National Policy on Universal Electronic Accessibility:

The Department of Electronics and Information Technology, Ministry of Information Technology has notified the National Policy on Universal Electronic Accessibility to regulate the provision of accessible electronics and ICTs services & products, and universal design concepts for persons with disabilities.

6. Tax Concessions

6.1 Persons with disabilities are eligible for income tax deduction under Section 80U of the Income Tax Act. [18] Persons with disabilities in the range of 40% to 80% are eligible for a deduction of Rs. 50,000. Persons with more than 80% disability are eligible for a deduction of Rs. 1,00,000.

6.2 Legal guardians of dependant persons with disabilities are eligible for income tax deduction under section 80DD of Income Tax Act for expenditures incurred on medical care, training and rehabilitation expenses or annuity paid.[19] Deduction of Rs. 50,000 can be claimed for dependents with 40 per cent to 80 per cent disability and deduction of Rs. 1,00,000 can be claimed for dependants with 80 per cent or more disabilities.