Old Mustafabad Delhi-110094 ngosofia@gmail.com

Acts and laws

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

The Act has been enacted under Article 253 of the Constitution read with item No. 13 of the Union List (WORD – -1 ) . It gives effect to the proclamation on the full participation and equality of the persons with disabilities in the Asian & Pacific Region and provides for their education, employment, creation of barrier free environment, social security, etc. The implementation of the Act requires a multi-sectoral collaborative approach by the appropriate governments, including various Central Ministries/Departments, States/Union Territories, local bodies.

National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999

The Act provides for constitution of the Board of the National Trust, Local Level Committees, Accountability and Monitoring of the Trust. It has provisions for legal guardianship of the four categories of the persons with disabilities and for creation of enabling environment for their as much independent living as possible.

Rehabilitation Council of India Act, 1992

The Act provides for constitution of the Rehabilitation Council of India for regulating the training of rehabilitation professionals, maintenance of a Central Rehabilitation Register, recognized rehabilitation qualifications, minimum standards of educations etc.

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996

The Rules indicate about evaluation and assessment of various disabilities and indicate the authorities, which are to give the Disability Certificate. The Rules also provide the procedure for holding Central Coordination Committee and Central Executive Committee meetings, procedure of notification of vacancies to Special Employment Exchanges, procedure to be followed by Chief Commissioner for Persons with Disabilities in handling the complaints of persons with disabilities, salary and allowances of Chief Commissioner for Persons with Disabilities and the manner in which annual report is to be submitted by him.

National Policy For Persons with Disabilities

National Policy for Persons with Disabilities has been announced in February, 2006. You can have access to English & Hindi Version.
The National Policy recognizes that Persons with Disabilities are valuable human resource for the country and seeks to create an environment that provides them equal opportunities, protection of their rights and full participation in society. The focus of the policy is on (a) Prevention of Disabilities and (b) Rehabilitation Measures.
The salient features of the National Policy are:
Physical Rehabilitation, which includes early detection and intervention, counseling & medical interventions and provision of aids & appliances. It also includes the development of rehabilitation professionals.
Educational Rehabilitation including vocational training and
Economic Rehabilitation for a dignified life in society.
The policy specifically focuses on issues concerning women and children with disabilities.
Various Ministries/Departments in Central Government and the State Governments and UT Administrations are implementing the policy, which is a continuous process.

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) 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.

The guidelines issued by the Government for simplification of the procedures for issue of disability certificates are:-

Particular day(s) in a week/month for issue of certificates may be fixed.
Camps may be held for issuing disability certificate at the taluka/block level.
Camps with other programmes such as rural development and poverty alleviation may be linked up.
Specific time frame may be prescribed for issue of disability certificate may be given.
Difficulties are being faced in issue of disability certificate for persons with mental retardation due to non-availability of psychiatrist / clinical psychologist / pediatrician in the Medical Board. Private practitioners of repute may be co-opted in the Medical Board.
No fee should be charged from the persons with disabilities for issue of disability certificate.
For issue of disability certificate to students with disabilities, the guidelines are: –

The responsibility for arranging the issue of the certificate has to be of the principals/headmasters of the schools.

On the written request of school authorities, the District Medical Board should visit the school for evaluation of the disability of the student and issue certificate as per the notified guidelines and format of certificate.
In case the Medical Board is of the view that the evaluation of disability of a particular student can be done only after carrying out certain tests with the equipments available in the District Hospital and therefore, the student should brought to the Hospital, the school authority shall make arrangement for the visit. The expenditure will be borne by the Education Department of the State Government / UT Administration.
No fee should be charged from the disabled students for issue of disability certificate.
The certificate may be issued before completion of the schooling of the disabled student along with their School Leaving Certificate or as and when required.

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.

Notification of Guidelines for evaluation of various disabilities and procedure for certification

Order for Sub-Committees constituted in the areas of Mental Retardation, Orthopedic / Locomotor Disability, Visual Disability and Speech & Hearing disability Appendix.I
Order for Sub-Committee constituted in the sector of multiple disability
Participants of the Meeting held on 29.8.2000 under the chairmanship of Dr. S.P. Aggarwal, Director General (Health Services)with the Sub-committee
Participants of the meeting held on 17.8.2000 under the Chairmanship of Dr. S.P.Agarwal, Director General of Health Services with the Members of Sub-Committee
Categories of Disability
Guidelines for Evaluation and Assessment of Mental illness and Procedure for Certification (Corrigendum)
Minutes of the Meeting of the committee to review mental illness
Indian Disability Evaluation and Assessment Scale
Manual for “IDEAS”, Instrument for scoring the activities of the patients
Certificate Format of Mental Retardation for Government Benefits
Certificate Format for the Persons with Disabilities

Guidelines and Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons

Barrier-free environment enables people with disabilities to move about safely and freely, and use the facilities within the built environment. The goal of barrier free design is to provide an environment that supports the independent functioning of individuals so that they can participate without assistance, in every day activities. Therefore, to the maximum extent possible, buildings / places / transportation systems for public use will be made barrier free. Central Public Works Department under the Ministry of Urban Development has issued guidelines in this regard.

Reservation to the Persons with Disabilities in posts in Government Establishments

Section 33 of the Persons with Disabilities Act, 1995 provides for reservation of not less than three per cent of vacancies in identified posts, by appropriate Governments, for persons with disability, of which one per cent each is to be reserved for persons suffering from