International Disability Day: Legal Rights for Disabled Persons in India

Vaibhav Saxena

, News

Disability is defined as the inability to perform some certain tasks in terms of various natures that could be physical, cognitive, behavioral and emotional. People are termed as disable when few limits are imposed on the individual’s movements, activities or senses. On this occasion of International Disability Day, Let’s discuss and learn about the disables and their lifestyle.


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What is International Disability Day?


International Disability Day is celebrated worldwide on the day of December 3rd, however, this day is termed diversely in different areas of the globe. Few countries recall this day, dedicated to disabled people as ‘World Disability Day’ and others as ‘International Day of People of Disability’. But the motive and purpose this day serve to remain the same for all which is spreading awareness and generating money from crowdfunding for the needy disabled people.


This day has been recognized and celebrated by various countries all over the world by many countries, some countries adopted this day from the early 21st century and some adopted recently. Every the United Nations announces a theme for the World Disabled Day which people has to follow and work for the needy ones accordingly.


The theme for International Day for People with Disability 2018 is ‘Empowering persons with disabilities and ensuring inclusiveness and equality’. This theme is implemented in order to raise awareness against the poor condition of people with disability along with vigorously working towards setting a equality and respectful status for the people.


UN believes that every person in the world is born with equal dignity and rights but disabled people tend to face discrimination and brutality so let’s recall the Legal Rights for Disabled Persons in India1 for bringing a new sun for our disabled people.




What are the Human Legal Rights of Disabled Persons in India?


There are many versatile as well as exclusive rights made and implemented for the favor of people within India. These legal rights of disabled persons in India aim to make the lives of these people filled with dignity and normality. Underlying are rights amended in the favor of persons with disability.


1: Health Laws for Persons with Disability:


Article 47 of the Constitution imposes on the Government a primary duty to raise the level of nutrition and standard of living of its people and make improvements in public health – particularly to bring about the prohibition of the consumption of intoxicating drinks and drugs which are injurious to one’s health except for medicinal purposes.


There is the presence of many provisions for the disabled under the guidance of health laws of India. Some of the Acts which make provision for the health of the citizens including the disabled may be seen in the Mental Health Act, 1987.



2. Educational Laws for Persons with Disability:


The right to education is to all citizens including the disabled. Article 29(2) of the Constitution provides that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on the ground of religion, race, caste or language.


Article 45 of the Constitution directs the State to provide free and compulsory education for all children (including the disabled) until they attain the age of 14 years. No child can be denied admission into any educational institution maintained by the State or receiving aid out of State funds on the ground of religion, race, caste or language.



3. Family Laws for Persons with Disability:


There are few many laws formed and regulated by the authority for the different community, however, many laws in regards to marriage and family relationships are implemented for the disabled community as well. Some laws envision towards guarantee for home and succession rights as well.


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What are the Special Rights of Disabled Persons In India?


Persons with disabilities are one of the most neglected sections of our nation. This is due to the sheer indifference of the society which subjects such people to disapproval and antipathy. Such people have several rights under various Indian laws as well as UN conventions that are followed in India. Under section 2(i) of Persons with Disabilities Act, 1995, “disability” includes blindness, low vision, leprosy cured, hearing impairment, locomotor disability, mental retardation, and mental illness.


1. Disability Certificate:


It is the most basic document that a disabled person should possess in order to avail certain benefits and concessions. The State Medical Boards established under the State governments can issue a disability certificate to any person with more than 40% disability.



2. Disability Pension:


People who are above 18 years of age, suffering from more than 80% disability and are living below the poverty line are entitled to the disability pension under the Indira Gandhi National Disability Pension Scheme. Various NGOs are dedicated to this because i.e. they help such persons with disabilities to get their disability pension.



3. Employment:


On the occasion of International Disability Day, all of the disables must learn their employment rights which states in government jobs, 3% of the seats are reserved for persons with disabilities.



4. Income Tax Concession:


Under sections, 80DD and 80U of Income Tax Act, 1961, persons with disabilities are also entitled to certain income tax concessions.




Some Facts About Persons with Disability:


  • The 105 of the entire world population suffers from some kind of disability which could be physical, mental and even behavioral.


  • 20% of the poor population in the world has some kind of disability.


  • In many third world countries, only 5-15% of disabled people who require assistive devices and technology have access to them.


  • Children with Disability has a mortality rate as high as 80% in few countries whereas low as below 20% in other countries.


  • Children with Disability barely attend schools as 65-80% of the children doesn’t attend school.


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