Centre for Internet and Society

National Resource Kit : The West Bengal Chapter (Call for Comments)

anandi — 2013-11-07T06:19:34Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of West Bengal.

Note: The chapter is an early draft and will undergo subsequent modifications. We welcome comments and feedback from our readers.

Executive Summary

The state of West Bengal has issued the West Bengal Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules 1999 to implement the provisions under the central Persons with Disabilities (Protection of Rights, Equal Opportunities and Full Participation) Act 1995.

The Department of Women and Child Development and Social Welfare is primarily responsible for the welfare of persons with disabilities in the state. The government of West Bengal has issued six notifications in education, ten notifications in employment and training, ten notifications in health and rehabilitation, ten notifications in social protection and two notifications in transport for persons with disabilities.

Capital: Kolkata

Population: 91,347,736

Population of persons with disabilities: 1,847,184

Literacy: 77.08%

HDI: 0.625 Ranked: 19th (2005 status)

Department: Department of Women and Child Development and Social Welfare

Other authorities: Office of the Chief Commissioner for Persons with Disabilities

Click to download the West Bengal chapter (PDF, 344 Kb)

For more details visit http://editors.cis-india.org/accessibility/blog/the-west-bengal-chapter

National Resource Kit : The Kerala Chapter (Call for Comments)

anandi — 2013-11-07T06:20:04Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of Kerala.

Note: The chapter is an early draft and will undergo subsequent modifications. We welcome comments and feedback from our readers.

Statistics

Capital: Tiruvananthapuram
HDI Rank: 1^st

Literacy: 1^st in India with a literacy of 93.91 per cent

Population:33,387,677
Population of Persons with Disability: 2.7 per cent. The district of Malappuram has the highest number of persons with disabilities, followed by Thiruvananthapuram and Ernakulam.[1]

Ministries and Departments

Department of Social Welfare – responsible for protection of rights of persons with disabilities.
Directorate of Social Welfare (under Department of Social Welfare) – nodal authority that implements central and state government programmes in Kerala.

Government run Organisations

The Kerala State Handicapped Persons Welfare Corporation
The Commissionerate of Persons with Disabilities
The National Institute of Speech and Hearing
The Central Social Welfare Board

Legal Provisions

Kerala does not have a legislation specifically for persons with disabilities in the state but implements the central legislation – the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. The state also issues various schemes, policies and notifications for persons with disabilities. The Department of Social Welfare has implemented some central and state schemes for persons with disabilities in the state,[2] while some schemes are being implemented by the Kerala State Handicapped Persons Welfare Corporation (KSHPWC).[3] These are listed below under various categories as:

Accessibility
The Department of Local Self Governance vide G.O. (MS) No.41/11/LSGD, Thiruvananthapuram, dated 14/02/2011 have issued rules for housing which also include special provisions for accommodation of the requirements of persons with disabilities. These include provision of ramps, lifts, convenient parking slots and removal of architectural barriers.
Personal mobility

Persons with disabilities with a regular and reasonable income and having to travel regularly on work are given a subsidy of Rs. 2000 linked with bank loan for procuring motorised tricycles / vehicles.[4]

KSHPWC supplies aids and appliances every three years to Persons with Disabilities with annual income less than Rs. 60,000 (see note 3). These include: artificial limbs, tricycles, wheelchairs, callipers, crutches, hearing aids, white canes, colostomy bags, etc. The beneficiaries are selected at medical camps held at district, block and panchayat levels.
Subsidy of Rs.10,000 is provided by KSHPWC to each self-employed young disabled person for procuring motorized tricycle upon applying in the proper format with attested copies of original bill, registration and insurance documents, and photographs (see note 3).
Education
Through the Kerala Right of Children to Free and Compulsory Education Rules, 2010, the government provides free and compulsory education for children with disabilities until the age of 18. The rules also provide for inclusive education, special schools for severely disabled children, learning aids and appliances, training for special teachers and vocational training for children with disabilities.
Three seats are reserved for persons with disabilities in arts and science colleges and engineering colleges, nine seats are reserved in polytechnic colleges, five seats are reserved in ITIs, five per cent seats are reserved in junior technical colleges and 25 per cent seats are reserved for teachers in special schools (see note 4).

Scholarships are given to children with disabilities where annual income of parents is less than Rs. 24,000 at Rs. 30 per month for children in classes I – IV and Rs. 45 per month for children in classes V – VIII. For students in higher classes, scholarships are provided for day scholars and residential students with special allowance for readers. In addition to the scholarships, students with orthopaedic impairment are given Rs. 25 per month for maintenance of prosthetic / orthopaedic aids (at the recommendation of the head of the institution) and Rs. 50 per month as transportation allowance (see note 4).
Children with mental disabilities where the annual income of parents is less than Rs. 24,000 are given scholarships upto the age of 21 at the scale of Rs. 60 per month with dress allowance of Rs. 40 and school requisite allowance (see note 4).
The government runs two vocational training centres for persons with disabilities at Thiruvananthapuram and Kozhikode (see note 4).
Students with Disabilities who top their districts in the categories of Orthopaedic disability, speech and hearing impairment, visual impairment and mental retardation; in the SSLC and Higher Secondary exams are awarded Rs. 2,500 each. Awards of Rs. 5000 are given to state rank holders in the above categories (see note 3).
Health: Details of policies / schemes for health unavailable.
Rehabilitation: The state runs community based rehabilitation programmes and vocational training centres for persons with disabilities (see note 2).
Employment: The state provides three per cent reservation in classes I, II (videG.O. (RT) No. 291/2012/SWD dated, Thiruvananthapuram 20^th June 2012), III and IV (vide G.O. (P)No.20/98/P&ARd dated, Thiruvananthapuram, 14 July, 1998) of state government jobs and PSUs. Three per cent reservation is also provided on part-time contingency posts and one per cent worker class vacancies in the government, corporations and companies are reserved for persons with disabilities (see note 4).

An age relaxation of ten years on the upper age limit is provided to persons with disabilities for applying to government jobs. Upto 10 grace marks can be given to persons with disabilities at the discretion of the Public Service Commission for direct recruitment to various posts except those that are specifically excluded (see note 4).
Persons with disabilities are allowed a special casual leave of 15 days for treating an illness that is directly connected with their disability vide G.O. (P) 249/84/Fin. Dated 9–5–84.
Loans for self employment are being given to persons with disabilities by banks through KSHPWC for setting up self employment programmes. A subsidy of Rs. 2000 linked with the bank loan is given to each beneficiary (see note 4).
KSHPWC channelizes loans from the National Handicapped Finance and Development Corporation to Persons with Disabilities at low interest rates for self-employment. Applicants must have at least 40 per cent disability and their family income should not exceed Rs. 3,00,000 for rural and Rs. 5,00,000 for urban applicants (see note 3).
KSHPWC runs the following commercial units to provide employment to persons with disabilities (see note 4): Sowbhagya Department Store – Thiruvananthapuram, Sowbhagya Department Store – Kozhikode, Sowbhagya Extension Counter, MLA Quarters – Thiruvananthapuram, Photocopier Unit, MLA Quarters – Thiruvananthapuram, and Envelope Making Unit – Thiruvananthapuram.
KSHPWC together with the Kerala State Lotteries Department implements the scheme through which disabled persons are identified throughout the state for undertaking agency for Lottery tickets and are given financial assistance of Rs. 5,000 for purchase and sale of lottery tickets.

Social Protection

Persons with disabilities in the categories of vision impaired, hearing impaired and orthopaedically disabled whose annual family income does not exceed Rs.3,600 are given a disability pension of Rs.85 per month.
Conveyance allowance of Rs.100 for vision impaired and locomotor disabled employees of aided schools and government departments and Rs.50 for part time employees are given vide G.O.(P) No. 521/87/Fin, dated 15.6.87.
Free travel facility is provided to the vision impaired on buses and boats and for the locomotor disabled on buses. Persons with 50 per cent or more locomotor disabilities are given 70 per cent concession on private buses to travel upto 40 kilometres (see note 4).
A distress relief fund has been created for persons with disabilities vide G.O. (MS) No. 4/95/SWD dated 24/1/95. A maximum amount of Rs. 2000 can be given for a case in a financial year and the amount can be extended to Rs. 8000 in exceptional cases. Persons with disabilities whose annual income does not exceed Rs. 12,000 can claim financial assistance for the following reasons (see note 4): for medical treatment including surgery, disability incurred due to an accident, any other purposes not covered by existing schemes for persons with disabilities, grant by the government under the grant-in-aid to persons with disabilities under the Deendayal Disabled Scheme (see note 2).
Under the Rajiv One Million Housing Scheme (see note 4), one per cent of the houses constructed for the economically backward class have been reserved for persons with disabilities.
KSHPWC operates a scheme for children who are below 8 years of age and have 60 per cent or more disability and whose parent’s have an annual income of less than Rs.60,000, the corporation deposits an amount of Rs. 15,000 for boys and Rs.20,000 for girls. The fund under this scheme is released after the child attains the age of 18 years for self-employment or marriage or as per requests after assessing the case. (see note 3).
A scheme run by the state offers marriage assistance to women with disabilities and to daughters of Persons with Disabilities (see note 2).
KSHPWC runs an old-age home for persons with disabilities at Parassala (see note 3).

Miscellaneous

State awards of Rs. 3000 per head are given to outstanding and efficient employees among persons with disabilities (see note 4)
Persons with disabilities are exempted from professional tax and road tax. They are given an additional income tax exemption of Rs. 5000 (see note 4).
The state also gives grant-in-aid for voluntary organisations running homes for the disabled and financial assistance for advocates with orthopaedic or visual impairment (see note 2).

Government Orders

Category	Headline	Issuing Authority	Number & Date	Briefs
Employment	Public Services Reservations for Physically Handicapped Persons – three per cent reservation for Class III and Class IV posts	Personnel and Administrative Reforms (Advice) Department	G.O. (P)No.20/98/P&ARD Dated, Thiruvananthapuram, 14 July, 1998	Orders issued for a maximum of 50 appointments each in the categories of subordinate service, last grade service and part-time contingent service being set apart every year for the appointment of persons with disabilities to the public services.
Employment	Reservation of three per cent vacancies in Class I and II posts in Public Services for appointment of physically disabled persons – post of Assistant Engineer (Civil), Public Works Department – eligibility for full participation in the selection process and appointment in respect of certain categories of physically disabled persons – clarified orders	Social Welfare Department	G.O. (RT) No. 291/2012/SWD. Dated, Thiruvananthapuram 20^th June 2012	This order has been issued in clarification to earlier orders issued for identification of posts for Persons with Disabilities.
Building construction	Kerala Panchayat Building Rules 2011	Local Self Governance Department	G.O. (MS) No.41/11/LSGD Dated, Thiruvananthapuram 14/02/2011.	Notification has been issued to regulate building construction. Provides for accessibility and elimination of architectural barriers.

Special Schools and Vocational Training Centres

Centre for Training and Rehabilitation of the Mentally Retarded, Thiruvananthapuram
Adarsha Rehabilitation Institute for Spastics and Neurologically Impaired, Kochi
Asha Niketan, Kozhikode
Jagathy Government School for the Blind, Thiruvananthapuram
Jagathy Government BHSS for the Deaf, Thiruvananthapuram
Kunnamkulam GS for the Blind, Kunnamkulam, Thrissur
Kunnamkulam GS for the Deaf, Kunnamkulam, Thrissur

Non Governmental Organisations for Persons with Disabilities

National Association of the Blind, Thiruvananthapuram
Kerala Federation of the Blind, Thiruvananthapuram
Kerala Institution of the Blind, Thrissur
All Kerala Association of the Deaf, Thrissur
Kerala Government Deaf Employees Union
Association for the Welfare of the Handicapped, Kozhikode
Kerala State Physically Handicapped Employees Association

For more details visit http://editors.cis-india.org/accessibility/blog/national-resource-kerala-chapter-call-for-comments

National Resource Kit : The Haryana Chapter (Revised)

anandi — 2014-02-20T09:00:49Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of Haryana.

Note: The chapter was revised based on the comments and feedback from our readers.

Introduction

The Department of Social Justice and Empowerment is responsible for the welfare of persons with disabilities in Haryana. The state has an estimated population of 4,55,040 persons with disabilities in a total population of 25,353,081.

Haryana implements two schemes under Women and Children with Disabilities, three schemes under Education, three schemes under Skill Development and Employment, and five schemes under Social Security, Health, Rehabilitation and Recreation.

1. General Entitlements

Haryana does not implement any scheme / policy that can be listed in this category.

2. Women & Children with Disabilities

2.1 Financial assistance is provided to children with disabilities not attending school due to their disability.

2.2 Haryana provides financial assistance to children of persons with disabilities.

Sr. No.	Issuing Authority	Notification No.	Details
1	Social Justice & Empowerment Department	No. 2351-SW(4)-2008 Dated: 30.01.2009	Financial assistance to disabled children not attending school due to disability
2	Social Justice & Empowerment Department	No. 1953-SW(4)-2009 Dated: 30.10.2009	Financial assistance for non school going children with severe disability Disability more than 70% / IQ less than 50% for mental disability Assistance of Rs. 300 per month Assistance provided to multiple children from same family Age up to 18 years Domiciled and resided in Haryana for past six months Total family income not to exceed Rs. 3510 per month Beneficiaries drawing other assistance are not eligible to apply
3	Social Justice & Empowerment Department		Financial assistance to children of persons with disabilities Assistance – Rs. 500 per month Age below 21 years Total family income not exceeding Rs. 30,000 per annum Domiciled and residing in Haryana

3. Education

3.1 Rules outlined for residential school for visually impaired students ‘Government Institute for the Blind’ in Panipat. Application forms available at the offices of Dy Commissioner, SDOs (Civil), Tehsildars and Department of Social Justice & Empowerment DSJE).

3.2 Scholarship is provided to disabled students. Applicants should not be in receipt of assistance from any other source. Rates of scholarship listed below:

Sr. No.	Class	Scholarship (Day scholars) per month	Scholarship (hostellers) per month	Reader Allowance (only visually impaired) per month
1	Class 1 – 4	400/-	-	-
2	Class 5 – 8	500/-	-	-
3	Class 9 – 12	600/-	600/-	300/-
4	B.A/B.Sc/B.Com	600/-	800/-	400/-
5	B.E/B.Tech./MBBS/LLB/B.Ed and diploma in professional & engineering studies etc.	800/-	1000/-	500/-
6	MA/MSC/M.Com/LLM/M.Ed/M.Tech etc	1000/-	1000/-	500/-

Sr. No.	Issuing Authority	Notification No.	Details
1	Department of Social Justice & Empowerment	No. GA.I SW. 71, Dated Chandigarh	Rules for residential school for the visually impaired Age between 6 – 18 years Eligibility up to middle school Domiciled and residing in Haryana
2	Department of Social Justice & Empowerment	No. 1971 /DDSW-GA-II/71	Criteria for scholarship Age up to 20 years Total family income not exceeding Rs. 10,000 per month Domiciled and residing in Haryana
3	Department of Social Justice & Empowerment	Memo No. 848-SW(4)-2011 Chandigarh, dated 28-11-2011	Rates of scholarship (given in table above)

4. Skill Development & Employment

4.1 Rules outlined for residential skill training facility for the visually impaired ‘Training Centre for Adult Blind’ at Panipat. Application forms available at the offices of Dy Commissioners, SDOS (Civil), Tehsildars and DSJE.

4.2 Annual awards given to most efficient disabled employees, disabled self-employed, outstanding employers and placement officers for disabled.

S.No	Category of Award	Nature of the Award No. of Awards	Present rates and certificate	Revised rates and certificates
1	Employee/ Self Employed	First Prize (one) Second Prize (one) Third Prize (two) Fourth Prize(three)	Rs.5000/- and certificate Rs. 4000/- ad certificate Rs. 3000/- and certificate Rs. 2000/- and certificate	Rs. 10000/- and certificates. Rs. 8000/- and certificate Rs. 6000/- and certificate Rs. 4000/- and certificate.
2	Employers of disabled	First Prize (one) Second Prize (one)	A big shield and certificate of merit. A small shield and certificate of merit.	Rs. 5000/- and certificate of merit. Rs. 3000/- and certificate of merit.
3	Placement Officer of disabled	One Prize	Rs. 4000/- and certificate of merit.	Rs. 8000/- and certificate of merit.

4.3 Age relaxation up to 10 years in the upper age limit for joining government service for persons with disabilities. Retirement age of persons with 70% or more disability is increased to 60 years.

Sr. No.	Issuing Authority	Notification No.	Details
1	Department of Social Justice & Empowerment	No. GA.I SW. 71, Dated Chandigarh No. 1971 /DDSW-GA-II/71	Rules for residential skill training unit for visually impaired Trainees granted maintenance for 3 years Extra 6 months for persons above 52 years old Domiciled and residing in Haryana
2	Department of Social Justice & Empowerment	No. 1759SW(1) /2008 Chandigarh, Dated: 4.02.2008	Awards for disabled employees, employers and placement officers (for details see table above)
3	Department of Social Justice & Empowerment		10 years relaxation in upper age limit in recruitment to govt service Retirement age increased to 60 years for persons with 70% or more disability

5. Social Security, Health, Rehabilitation and Recreation

5.1 Unemployment allowance given to all educated unemployed persons with disabilities. Rates of allowance are:

Sr. No.	Education	Allowance per month	Allowance per month for 100% disabled
1	Matric/ Middle Pass Diploma Holder	Rs. 200	Rs. 1000
2	Graduate/ Matric Pass Diploma Holder	Rs. 250	Rs. 1500
3	Post Graduate, Graduate Diploma Holder	Rs. 300	Rs. 2000

5.2 Disability pension to persons with 70% or more disability (IQ less than 50 for persons with mental disabilities). (note 3)

5.3 Financial assistance of Rs. 500 per month to dwarf persons. (note 3)

5.4 Persons with visual impairment and 100% orthopaedic impairment are eligible for free travel on state transport buses. Disabled employees of the state government are provided a conveyance allowance of 10% on basic pay. (note 4)

5.5 Visually impaired employees of the state government are given priority in allotment of government accommodation. (note 4)

Sr. No.	Issuing Authority	Notification No.	Details
1	Department of Social Justice & Empowerment	No. 3012-SW (1)2003. Dated, 8.12.2003 No. 94-SW (1)2007. Dated: 24.01.2007	Unemployment allowance (for rates see table above) Allowance given for 6 years from date of registration with employment exchange Applicants must not be in receipt of any other assistance
2	Department of Social Justice & Empowerment		Disability pension for persons with 70% or more disability (less than 50 IQ for mentally disabled) Pension – Rs. 500 per month Pension (for 80% or more disability) – Rs. 750 per month Income not to exceed income of unskilled labourers as specified by Labour Department.
3	Department of Social Justice & Empowerment		Financial assistance of Rs. 500 per month to dwarf persons
4	Department of Social Justice & Empowerment		Free travel on state transport buses for persons with visual impairment and 100% orthopaedic impairment 10% conveyance allowance for government employees with disabilities
5	Department of Social Justice & Empowerment		Priority for visually impaired employees in allotment of govt accommodation

6. Accessibility

6.1 The government of Haryana is yet to implement schemes and policies under accessibility.

7.    Certification

7.1 Haryana has not identified any hospital / medical officer for issueing of disability certificates.

8.    Schemes & Grants for Organisations & Individuals for Disabilities

8.1    The government of Haryana is yet to implement schemes and policies under this category.

9. Disability Authorities

Haryana has two authorities responsible for the welfare of persons with disabilities:

Department of Social Justice and Empowerment
Commissioner for Disabilities

For more details visit http://editors.cis-india.org/accessibility/blog/national-resource-haryana-chapter-call-for-comments

National Policy on Universal Electronic Accessibility – An Analysis

anandi — 2013-12-27T07:49:47Z

Electronics and Information and Communication Technologies (ICTs) are widely used in all areas of life such as education, health care, employment, entertainment, banking and finance management and other aspects of daily living.

They not only make life easier for people in general, but have the potential to revolutionise the lives of persons with disabilities through larger inclusion and participation in these areas and by enabling independent living through use of appropriate assistive technologies (ATs).

In the year 2010, the erstwhile Department of Information Technology, Government of India circulated a draft consultation paper on the National Policy for Electronic Accessibility that sought to regulate the provision of accessible Electronics and ICTs services and products and universal design concepts for persons with disabilities. Post consultation and deliberation, the Government of India has passed the National Policy on Universal Electronic Accessibility (National Policy) in 2013. This is a brief analysis of the policy and the provisions therein.

The draft consultation paper had clearly identified the requirements of persons with disabilities that had to be kept in view while designing electronic accessibility solutions:

Eliminating discrimination on the basis of disabilities and facilitating equal access to Information and Communication Technologies and Electronics (ICTE)
Understanding the diversity of persons with disabilities and creating solutions for their specific needs
Ensuring that accessibility standards and guidelines and universal design concepts are adopted and adhered to.

While the draft consultation paper only sought to provide equal access to ICTE products and services to persons with disabilities, the objective of the National Policy has been expanded to include not just equal but also barrier free access. The category of disabilities has also been expanded to include mental disabilities. Further, the policy seeks to facilitate local language support and sync universal access with barrier free access that should be usable without adaptation.

The scope of the National Policy continues to cover access to ICTE products and services to persons with disabilities in the areas of universal design, assistive technologies and independent living aids as in the draft consultation paper, but the National Policy expands on the broad roles and functions of the major stakeholders.

The National Policy clearly defines the following points that were not discussed in the Draft Consultation Paper:

The Department of Electronics and Technology is named as the nodal authority for monitoring the implementation of the policy.
Recommends constitution of a high level advisory committee of multiple stakeholders – central and state. ministries and department, industry, academia, disabled persons organisations and persons with disabilities for guiding and implementing the policy.
Recommends an amendment in the Information Technology (IT) Act to protect persons with disabilities who inadvertently break the law.
Lays emphasis on providing support in local languages to accessible Electronics and ICTs.

The strategy and Action Plan defined in the Draft Consultation Paper have been augmented and restructured to include the following points described in the National Policy:

Creating awareness on universal electronics accessibility and universal design

The National Policy specifically provides that the Department of Electronics and Information Technology will play the lead role.
Other central and state ministries, departments and agencies will also be responsible.
Carried out through Media, campaigns, conferences, workshops and seminars.
Will also include available and emerging assistive technologies and independent living aids and schemes.
Information to be made available in public domain in local languages in accessible format.

Capacity building and Infrastructure Development

The National Policy requires that schemes for capacity building on accessibility and assistive technologies be taken up within the government and for persons with disabilities.

Education and Assistive Technologies Centres

Accessibility standards and guidelines and universal design concepts to be included in the curriculum of Electronics and ICTs education.
Assistive technologies and independent living aids to be included in the curriculum of Special Education and Rehabilitation.
Model Electronics and ICTs centres to be set up to provide training and demonstration to special educators and persons with disabilities including persons with mental disabilities.

Conducting research and development

To develop assistive technologies and independent living aids based on accessibility standards and guidelines and universal design concepts
To provide incentives for the research and development of such products
To formulate schemes to support research and development organisations for developing such products
To include persons with disabilities and rehabilitation professionals in formulation, implementation and monitoring the schemes.

Accessibility Standards

The draft consultation paper provides that the accessibility standards and guidelines be taken or modified from existing standards and guidelines in accessibility
The National Policy specifically names existing accessibility standards and guidelines such as the following as examples

W3C Accessibility Standards
ATAG (Authoring Tools Accessibility Guidelines)
WCAG 2.0 (Web Content Accessibility Guidelines)
UAAG (User Agent Accessibility Guidelines)

Accessibility compliance would be monitored for government websites, websites for disability issues, general citizen centric websites and important websites with high traffic or high consumer transaction.

Accessible format for content

Content published in electronic format including text books, journals, publications, multimedia etc are required to be published in accessible format
Support in local languages to be provided for all content

Developing programmes and schemes

The National Policy lays emphasis on schemes for women and children with disabilities

Developing procurement guidelines for Electronics and ICTs for accessibility and assistive needs

The draft Consultation Paper merely states that ICTE procurement guidelines and processes should include accessibility standards and guidelines.
The National Policy requires that Electronics and ICTs procurement policies be evolved to confirm to the requirements of the National Policy.
Higher cost of accessibility compliant hardware and software to be budgeted for at procurement.
Incentives to be provided by the government to assist with the procurement of such products.
Any scheme formulated by the central or state governments for persons with disabilities should be linked with ongoing schemes for universal electronic accessibility.

Affordable Access

The Draft Consultation Paper requires that schemes be formulated to provide access to ICTE services and products to persons with disabilities at affordable costs.
Information about these schemes to be made available in the public domain in local languages in accessible format.
The National Policy promotes open source usage to meet affordable access requirements.

For more details visit http://editors.cis-india.org/accessibility/blog/national-policy-on-universal-electronic-accessibility-analysis

Creating a National Resource Kit for Persons with Disabilities: An Introduction

anandi — 2013-03-18T05:58:04Z

The Centre for Internet & Society is engaged in a two-and-a-half year project starting from August 2012 to create a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India. This project is supported by the Hans Foundation. The Resource Kit will be brought out in both English and Hindi and disseminated to policy makers from panchayat to ministry levels throughout India.

CIS hopes that this resource kit will immensely benefit the disabled community in India by providing them with a ready reference on the facilities given by the government.

More often than not a facility isn’t enjoyed by the public as no one knows about its existence. It becomes important then to make it accessible and give it exposure. The National Resource Kit of Laws, Policies and Programmes for Persons with Disabilities will fill this gap of lack of comprehensive information in this field.

The rights of persons with disabilities have for long been a topic of international discussion in various forums. It is essential to not just promote, protect and ensure the full and equal enjoyment of all human rights of persons with disabilities but also promote respect for their dignity. Making legal provisions for the rights of persons with disabilities is not only a mechanism that ensures that they have access to human rights but also a tool that enables them to contribute to the growth of their nation by providing them with the facilities that aid them in overcoming their challenges and enable them to lead fruitful lives.

To provide persons with disabilities in India equal opportunity for liberty, equality and dignity on par with all citizens, India has enacted three disability laws:

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
National Trust for Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999.
Rehabilitation Council of India Act, 1992.

India is now in the process of drafting a new law on the rights of persons with disabilities that aims to fill the gaps in the earlier laws through a deeper understanding of the real issues faced by them and providing solutions and opportunities on par with international standards.

Despite the existing legal provisions, the populace that continues to struggle with consuming issues like overpopulation, poverty, unemployment and lack of resources, often tend to neglect issues which concern persons with disabilities. An overwhelming public opinion that considers persons with disabilities to be incapable of making meaningful contribution to the society due to their disability has led to the exclusion of persons with disabilities from mainstream society.

One of the major reasons for this exclusion and neglect is the lack of awareness about the various facilities being extended by the government to persons with disabilities targeted at enabling them to overcome their challenges. Generating awareness by providing them with information that will help them gain access to education, vocational skills, employment training and opportunities and healthcare is a vital step in ensuring that the legal rights of persons with disabilities are enabled for them.

For more details visit http://editors.cis-india.org/accessibility/creating-a-national-resource-kit-for-persons-with-disabilities

Central Guidelines and Schemes

anandi — 2014-11-06T14:59:31Z

The Department of Disability Affairs under the Ministry of Social Justice and Empowerment is responsible for the welfare of persons with disabilities in India. The office of the Chief Commissioner for Persons with Disabilities has been set up under the Ministry to safeguard the rights of persons with disabilities.

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.

Sl. No.	Description	Authority	Date
1.	Guidelines for Assessment and Certification of various disabilities	Department of Disability Affairs - MSJE	2001
2.	Guidelines for Assessment and Certification of Mental Illness	Department of Disability Affairs - MSJE	2002

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;

(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.

Category	Day Scholars	Hostellers
Graduate / PG courses in Professional / Technical	Rs. 700	Rs. 1000
Diploma / Certificate level professional courses	Rs. 400	Rs. 700

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.

Sl. No.	Description	Authority	Date
1	Sarva Shiksha Abhyan (SSA)	Department of Disability Affairs - MSJE	2001
2	Rashtriya Madhyamik Shiksha Abhyan (RMSA)	Ministry of Human Resource Development	2013
3	Scheme of National Scholarship for Persons with Disabilities	Department of Disability Affairs - MSJE	2013
4	Rajiv Gandhi Fellowship to pursue higher education	Department of Disability Affairs - MSJE	2012
5	CBSE Amended Examination By-laws	Central Board of Secondary Education	2008

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

(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.

Sl. No.	Description	Authority	Date
1	Identification of jobs	Department of Disability Affairs - MSJE	2013
2	Incentives for private employers	Department of Disability Affairs - MSJE	2008
3	Financial assistance from NHFDC	National Handicapped Finance & development Corporation	2013
4	Swarna Jayanti Gram Swarozgar Yojna (SGSY)	Ministry of Rural Development	1999
5	Swarna Jayanti Shahari Rozgar Yojna (SJSRY)	Ministry of Housing and Urban Poverty Alleviation	2013
6	Scheme providing financial assistance for new enterprises	Ministry of MSME	2014

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.

Sl. No.	Description	Authority	Date
1	ADIP Scheme	Department of Disability Affairs - MSJE	2013
2	DDRS Scheme	Department of Disability Affairs - MSJE	2009
3	National awards for empowerment of persons with disabilities	Department of Disability Affairs - MSJE	2012
4	Composite Regional Centres for Persons with Disabilities (CRCs)	Department of Disability Affairs - MSJE	2013
5	District Disability Rehabilitation Centres (DDRCs)	Department of Disability Affairs - MSJE	1995
6	Indira Gandhi National Disability Pension Scheme	Ministry of Rural Development	2009
7	Indira Awaas Yojana	Ministry of Rural Development	1985

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;

(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.

Sl. No.	Description	Authority	Date
1	Guidelines for Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons	Central Public Works Department	1998
2	Guidelines for Planning Barrier Free Environment	O/O CCPD

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.

[1] http://socialjustice.nic.in/disabrules.php

[2] http://www.ccdisabilities.nic.in/page.php?s=reg&p=guide_mental&t=pb

[3] http://ssa.nic.in/ssa-framework/coverage-of-special-focus-groups

[4] http://mhrd.gov.in/rmsa

[5] http://mhrd.gov.in/inclusive_education

[6] http://socialjustice.nic.in/nsawardadv0809.php

[7] http://www.cbse.nic.in/circulars/amendment-exam-bye-law-020109.doc

[8] http://socialjustice.nic.in/incentdd.php

[9] http://nhfdc.nic.in/

[10] http://rural.nic.in/sites/programmes-schemes-sgsy.asp

[11] http://mhupa.gov.in/programs/upa/nsdp/sjsry/sjsryintro.htm

[12] http://msme.gov.in/Web/Portal/Scheme.aspx

[13] http://socialjustice.nic.in/pdf/adiprevised010414.pdf

[14] http://socialjustice.nic.in/pdf/nawardeng2012.pdf

[15] http://nsap.nic.in/

[16] http://e-accessibilitytoolkit.org/toolkit/eaccessibility_basics/accessibility_and_the_purposes_of_icts#what

[17] cpwd.gov.in/Publication/Buildings_aged.pdf

[18] http://law.incometaxindia.gov.in/DIT/HtmlFileProcess.aspx?FooterPath=D:%5CWebSites%5CDITTaxmann%5CAct2010%5CDirectTaxLaws%5CITACT%5CHTMLFiles%5C2010&DFile=section80u.htm&tar=top#

[19] http://law.incometaxindia.gov.in/DitTaxmann/incometaxacts/2007itact/sec_080dd.htm

For more details visit http://editors.cis-india.org/accessibility/blog/central-guidelines-and-schemes

Central Government Schemes

anandi — 2014-05-07T01:20:35Z

The various central government schemes are compiled in this blog post. This research was done by the Centre for Law and Policy Research and Anandhi Viswanathan.

General Entitlements

Persons with disabilities are eligible for income tax deduction under Section 80U. Deduction of Rs. 50,000 is provided to those with disability in the range of 40 per cent to 80 per cent. Deduction of Rs. 1,00,000 is provided to those with more than 80 per cent disability.
Legal guardians of dependant persons with disabilities are eligible for income tax deduction under section 80DD for expenditures incurred on medical care, training and rehabilitation expenses or annuity paid. Deduction of Rs. 50,000 can be claimed for dependents with 40 per cent to 80 per cent disability and Rs. 1,00,000 can be claimed for dependants with 80 per cent or more disabilities.

3. Persons with disabilities are exempted from payment of professional tax.

Sl. No.	Notification / Scheme	Issuing Authority	Notification No / Date
	Deduction under 80U	Ministry of Finance
	Deduction under 80DD	Ministry of Finance
	Exemption from professional tax	Ministry of Finance

Women and Children with Disabilities

The government is yet to implement schemes / notifications in this category.

Education

Scheme of National Scholarship for Persons with Disabilities – Scholarship is awarded for pursueing 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.

Category Day Scholars Hostelers

Graduate / PG courses in Professional / Technical Rs. 700 Rs. 1000

Diploma / Certificate level professional courses Rs. 400 Rs. 700

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 pursueing graduate / post graduate professional courses and support access software for students with cerebral palsy.
Students with disabilities are provided three per cent reservation in seats in government and government aided educational institutes.
Comprehensive Education Scheme for Disabled Children – The scheme provides for accessible and barrier free built-in infrastructure and transport facilities, supply of books, uniforms and stationery, specialised learning aids and scholarships for students with disabilities. Other provisions in the scheme include exemption from mathematics and pictoral questions for visually impaired students, use of scribes / readers for students with visual impairment / orthopaedic disabilities / learning disabilities, extra time in examinations for disabled students, exemption from third language and modification of curriculum to facilitate inclusive education.
Inclusive Education for the Disabled at Secondary Stage (IEDSS) – This scheme 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.
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.

Category	Day Scholars	Hostelers
Graduate / PG courses in Professional / Technical	Rs. 700	Rs. 1000
Diploma / Certificate level professional courses	Rs. 400	Rs. 700

Sl. No.	Notification / Scheme	Issuing Authority	Notification No. / Date
1	Scheme of National Scholarship for Persons with Disabilities	Ministry of Social Justice and Empowerment
2	3% reservation in govt / govt aided institutes	Ministry of Edication
3	Comprehensive Education Scheme for Disabled Children	Ministry of Social Justice and Empowerment	2005
4	Integrated Education for the Disabled in the Secondary Stage.	Department of Education
5	Rajiv Gandhi Fellowship to pursue higher education	T – Department of Disability Affairs	04. 2012

Employment

The government has reserved three per cent posts in Groups A, B, C and Group D positions in government services, public sector banks and government undertakings for persons with disabilities. The reservations are provided as:

Category Reservation

Visually Impaired One Per cent

Hearing Impaired One Per cent

Physically disabled One Per cent
A roster of 100 points is prescribed for reserving positions for persons with disabilities in government employment. Points on the roster are reserved as given below for every year:

Category Roster Point

Visually Impaired 34

Hearing Impaired 67

Physically disabled 100
IF for any year the vacancies reserved for persons with disabilities are not filled, the vacancies are required to be carried forward for three consecutive years until a suitable candidate is found. If a suitable candidate is not found even after three years, the vacancies may be filled through interchanging between disabilities after which the reservation ceases to exist.
Persons with disabilities are given an age relaxation of up to ten years in the upper age limit for recruitment to government positions. They are also exempted from payment of application fees and examination fees.
The government provides that persons with disabilities should not be denied promotion in their employment on account of the disability / medical fitness if they are otherwise medically fit and can discharge their duties satisfactorily.
The government has identified positions in various departments and sections that are to be reserved for persons with disabilities based on their ability to perform the work of the position.
The government provides that persons with disabilities recruited to Group C and Group D employment on regional basis may be given postings, as far as possible under administrative constraints, nearest to their native places within the region. Requests from disabled employees for transfers to offices in or nearest to their native places may also be given priority.
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.
The government provides for employment of persons with disabilities in the private sector through incentives to employers. 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 with a minimum salary of Rs. 25,000 per month.
The Ministry of Petroleum and Natural Gas has reserved 7.5 per cent of all types of dealership agencies of public sector oil companies for persons with physical disabilities. This does not include defence personnel injured while on service. The dealership is advertised in one English daily and one regional language daily having maximum circulation in the district where the dealership is located. Applicants should be Indian citizens, aged between 21 years to 30 years, should have a minimum educational qualification of matriculation or equivalent, should produce disability certificate with minimum 40 percent disability of either upper limb or lower limb or both limbs considered together. Persons with partial hearing impairment are also eligible to apply. Persons with total visual impairment are eligible to apply for retail outlets, kerosene / LDO dealerships but are not eligible to apply for LPG dealership. Total family income of applicant should not exceed Rs. 50,000 per annum.
The National Handicapped Finance and Development Corporation provides loans to persons with disabilities for self employment. The details of the schemes are given as under:

Category	Reservation
Visually Impaired	One Per cent
Hearing Impaired	One Per cent
Physically disabled	One Per cent

Category	Roster Point
Visually Impaired	34
Hearing Impaired	67
Physically disabled	100

For setting up small business in service / trading sector – loan of Rs. 3,00,000 (Three lakh)
For setting up small business in sales / trading sector – Rs. 5,00,000 (five lakh)
For agriculture / allied activities – Loan of up to Rs. 10,00,000 (ten lakh)
Purchase of vehicle for commercial hiring – Loan of Rs. 10,00,000 (ten lakh)
For setting up small industries unit – Loan of Rs. 25,00,000 (25 lakh)
For professionally educated / trained persons with disabilities for self-employment – Rs. 25,00,000 (25 lakh)
For building business premises on own land for employment – Rs. 3,00,000 (three lakh)

Should have disability of minimum 40 percent

Should be an Indian citizen

Should have required professional / technical qualification for the business undertaken

Loans should be repaid by a maximum of 10 years.

Sl. No.	Notification / Scheme	Issuing Authority	Notification No. / Date
1	3% reservation in employment	Ministry of Personnel, Public Grievances and Pension
2	Roster system for reservation	Ministry of Personnel, Public Grievances and Pension
3	Carry forward of employment reservation	Ministry of Personnel, Public Grievances and Pension
4	Age relaxation for direct recruitment	Ministry of Personnel, Public Grievances and Pension
5	Non denial of promotion	Ministry of Personnel, Public Grievances and Pension
6	Identification of jobs	Ministry of Personnel, Public Grievances and Pension
7	Postings / Transfer of disabled employees	Ministry of Personnel, Public Grievances & Pensions – Department of Personnel and Training	O.M.No.14017/41/90
8	Special employment exchanges
9	Incentives for private employers	Ministry of Social Justice and Empowerment – Department of Disability Affairs
10	Award of dealership / agency by oil companies	Department of Petroleum and Natural Gas
11	Financial assistance from NHFDC	National Handicapped Finance & Development Corporation	2013

Social Security, Health, Rehabilitation and Recreation

The Indira Gandhi National Disability Pension Scheme: This was inserted as a component of the National Social Assistance Programme on 17th 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. This scheme has been implemented in 8 districts of Manipur and a total of Rs 13.4 lakhs has been received by the State Government for this scheme in 2010-11.
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.
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 as well as through camp approach.
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. 6,000 are covered under the scheme. Further travelling cost would be admissible and limited to a bus fare in the ordinary class or railway by second class sleeper subject to a limit of Rs. 250 for the beneficiary irrespective of the number of visits to a medical centre.[1]
Public Sector Banks: Under the ‘Scheme for Public Sector Banks for Orphanages, Women’s Homes and Physically Handicapped Persons’, the benefits of the differential rate of interest are available to physically handicapped persons as well as institutions working for the welfare of the handicapped. Rate of interest will be uniformly charged at 4% per annum keeping in view the social objectives. Under the scheme of Financing Small Scale Industries, a special provision has been made in the rate of interest for the physically handicapped person (0.5% concession) for availing capital limit up to Rs.2,00,000/-.
The National Handicapped Finance and Development Corporation (NHFDC): This corporation has been set up by the Ministry of Social Justice & Empowerment, Government of India on 24th January 1997. The company is registered under Section 25 of the Companies Act, 1956 as a Company not for profit. It is wholly owned by Government of India and has an authorised share capital of Rs. 400 crores (Rupees Four Hundred Crore only). The NHFDC functions as an Apex institution for channelising the funds to persons with disabilities through the State Channelising Agencies (SCAs) nominated by the State Government(s). The schemes include loans for setting up small business in service/trading/industrial units, for higher studies/professional training, for manufacturing /production of assistive devices for disabled persons, for agricultural activities, for self employment amongst persons with mental retardation, Cerebral Palsy and Autism.
Deendayal Disabled Rehabilitation Scheme (DDRS): 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. During the 10th Five Year Plan grant-in-aid to the extent of Rs. 335.4 cr. was released to NGOs under the revised DDRS.[2]
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.[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.[4]
Trust Fund for the Empowerment of Persons with Disabilities: The Supreme Court in its order dated 16th April, 2004 in the Civil Appeals No.4655 and 5218 of 2000 had directed that the banks, who had collected an estimated excess amount of Rs.723.79 crores annually from the borrowers through rounding off in collection of interest tax, should transfer it to a trust which would be used for welfare of persons with disabilities. The Court had constituted a Committee under the chairmanship of Comptroller and Auditor General of India with Finance Secretary and Law Secretary as members. The Ministry had sought directions of the Apex court for transfer of these funds to the National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities for purposeful utilization. The Supreme Court is yet to take a view on the request of the Ministry but in the meantime the trust has been set up and the banks have been advised by the Banking Division of the Ministry of Finance to deposit the due amount in the Trust account.
Technology Development Projects in Mission Mode: With a view to provide suitable and cost effective aids and appliances through the application of technology and to increase their employment opportunities and integration in society of the physically disabled, the above scheme was started during 1990-91. Under the scheme, suitable R&D projects are identified and funded for developing aids and appliances. The scheme is implemented through the IITs. Educational Institutes, Research Agencies and Voluntary Organisations etc. Financial assistance is provided on 100% basis. The four Technical Advisory Groups monitor the selection of the projects and also their progress at different stages in areas of disabilities, namely, Orthopaedic (including Cerebral Palsy), Visual, Speech and Hearing and Mental. All the projects those are recommended by the respective Technical Advisory Groups placed before the Apex Level Committee headed by Secretary, Ministry of Social Justice and Empowerment.[5]

Sl. No.	Description	Issuing Authority	Date Issued
1	The Indira Gandhi National Disability Pension Scheme (IGNDP) D.O.J.-11013/2/2007-NSAP	Ministry of Rural Development	February, 2009
2	Composite Regional Centres for Persons with Disabilities (CRCs)	Ministry of Social Justice and Empowerment
3	District Disability Rehabilitation Centres (DDRCs)	Ministry of Social Justice and Empowerment	1995
4	Assistance to Disabled Persons for Purchase /Fitting of Aids and Appliances (ADIP Scheme)	Ministry of Social Justice and Empowerment	01.04.2005
5	‘Scheme of Public Sector Banks for Orphanages, Women's Home and Physically Handicapped persons' D.O.No.F.301/89-SCT (B) dated 8.9.89	Department of Economic Affairs & Ministry of Welfare	08.09.1989
6	The National Handicapped Finance and Development Corporation (NHFDC)	Ministry of Social Justice and Empowerment	24.01.1997
7	Deendayal Disabled Rehabilitation Scheme (DDRS)	Ministry of Social Justice and Empowerment	01.04.2009
8	Indira Awaas Yojana	Ministry of Rural Development	May, 1985
9	Scheme of National Awards for the Empowerment of Persons with Disabilities	Ministry of Social Justice and Empowerment	2012
10	Trust Fund for the Empowerment of Persons with Disabilities via Civil Appeals No.4655 and 5218 of 2000	Supreme Court of India	16.04.2004
11	Technology Development Projects in Mission Mode	Ministry of Social Justice and Empowerment

Accessibility

Guidelines and Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons[6] : In order to create a barrier free environment in consonance with the provisions of the Act, the Government of India (Ministry of Urban Affairs & Employment) 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 Min. of UA&E has constituted a committee under the chairmanship of DG(W), CPWD with the following members for the purpose of developing comprehensive Guide lines and space Standards for barrier free built environment for disabled and elderly persons.

Sl. No.	Description	Issuing Authority	Date Issued
1	Guidelines for Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons	Central Public Works Department	1998

Certification

Guidelines for issue of Disability Certificates: the Persons with Disabilities Rules, 1996 provide the broad guidelines for issue of the disability certificates. The Rules lay down that a Medical Board, duly constituted by the Central and the State Government, shall issue a Disability Certificate. The certificate issued by the Medical Board makes a person eligible to apply for facilities, concessions and benefits admissible under schemes of the Governments or Non-Governmental Organisations, subject to such conditions as the Central or the State Government may impose. It is for this reason that the Central Government has issued these guidelines with the aim of simplifying the procedures for issue of disability certificates. It has also created some additional guidelines for the issue of disability certificates to students with disabilities.
Guidelines for evaluation of various disabilities and procedure for certification: The Government has notified the guidelines for evaluation of locomotor, visual, hearing, mental retardation and multiple disabilities and the procedure for certification, formulated by the Expert Committees set up by the Government, under the Chairmanship of Director General Health Services (DGHS), 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 is the final authority, should there arise any controversy / doubt regarding the interpretation of the definitions/classifications / evaluations tests etc. Therefore, for any problems relating to evaluation of various disabilities and procedure for certification, Director General of Health Services, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi may be approached.

Sl. No.	Description	Issuing Authority	Date Issued
1	Guidelines for Issue of Disability Certificates No. 16-18/97-NI	Ministry of Social Justice and Empowerment
2	Guidelines for Evaluation of Various Disabilities and Procedure for Certification via D.O.No.F.301/89-SCT (B) DATED 8.9.89	Ministry of Social Justice and Empowerment

Grants and Schemes for Organisations & Individuals for Disabilities

There are no schemes / notifications under this category.

[1].http://socialjustice.nic.in/pdf/adipsch.pdf

[2].http://socialjustice.nic.in/ddrs.php

[3].http://iay.nic.in/netiay/IAY%20revised%20guidelines%20july%202013.pdf

[4].http://socialjustice.nic.in/pdf/nawardeng2012.pdf

[5].http://www.socialjustice.nic.in/pdf/glinerpdd.pdf

[6]. cpwd.gov.in/Publication/Buildings_aged.pdf

For more details visit http://editors.cis-india.org/accessibility/blog/central-government-schemes

A Discussion on Intercept between UNCRPD & CEDAW

anandi — 2013-03-27T10:04:30Z

A seminar was jointly organized by the Shanta Memorial Institute of Rehabilitation – Odisha, CBR Network and Mitra Jyoti to discuss the intercept between the United Nations Convention for Protection of Rights of Persons with Disabilities (UNCRPD) and Committee on Elimination of Discrimination Against Women (CEDAW) on February 4, 2013 at Mitra Jyoti in Bangalore. Anandhi Viswanathan participated in the seminar and shares her experiences in this post.

The aim of the seminar was to explore the challenges faced by women with disabilities and the need to set up a national network of women with disabilities in India. The discussions were led by Dr. Asha Hans of the Shanta Memmorial Institute of Rehabilitation, Indumathi Rao of the CBR Network and Madhu Singhal of Mitra Jyoti.

Participants at the seminar discussed some of the challenges that women with disabilities faced in the country on a regular basis. Violence against women with disabilities was a major concern raised by several participants. It was felt that many disabled women are victims of violence — physical, emotional or sexual in nature, which are perpetuated on them either in their homes or at their workplaces or outside in general.

Health and sanitation concerns of women with disabilities were also discussed. The lack in general awareness of the health and sanitation requirements of women with disabilities and the non-availability of facilities to cater to these needs were felt to be some of the major concerns in this sphere. Participants also felt that the lack of awareness and the general social attitude towards women with disabilities lead to their marginalisation and alienation in society.

Women with disabilities face double discrimination — on grounds of their disability and for their gender. They are not included in discussions on disability which revolve around men with disabilities, or on discussions on women which more often than not focuses on women without disabilities, and unfortunately this “minority” group of women with disabilities is left on its own. The challenges faced by women with disabilities are unique. These are quite different from challenges faced by either by men with disabilities or by women without disabilities. Women with disabilities are yet to be categorised as a separate group by the government for considering and addressing their difficulties.

The participants at this event further felt that the challenges being faced by women with disabilities could be addressed by introducing provisions specific to their needs in the legislations for persons with disabilities. The seminar concluded that two exercises must be undertaken to consolidate the case for including provisions specific to women with disabilities in legislations:

Developing a system of including women with disabilities as a separate category in all the data pools being compiled by the government, and
Creating a database of issues being faced by women with disabilities on all levels across the country.

It was proposed that a network of women with disabilities be set up in order to create a platform for women with disabilities to showcase challenges and seek solutions. The group felt that the network could play an active role in documenting issues faced by women with disabilities and aid in creating a database of challenges. The network could also play a part in seeking for women with disabilities to be included as a separate category in all national data pools compiled by the government.

For more details visit http://editors.cis-india.org/accessibility/blog/discussion-on-intercept-between-uncrpd-and-cedaw