DISABILITY LAWS IN INDIA: AN ANALYTICAL STUDY

ABSTRACT

Disability is a concept which is understood and interpreted by various social thinkers, social workers and
jurists keeping in mind the inherent philosophy of the term in its actual sense. Though the term “disability”
carries with it the assumption of a lack or deficiency whether physical, mental or sensory in respect of some
people but there are lots of examples that sometimes these people proved themselves as differently abled
person by their intellectuality or positive attitudes and outlook towards life. Hence, the Rights and Laws of
disabled persons need to be understood and studied from various perspectives including human rights and
various other laws in India which will ultimately fill up the differences or mitigate the gap between the abled
and the differently abled persons in their attainment of persona and dignity in true sense of the terms. In this
research work the researcher is giving much emphasis on the various legal provisions and Laws available in
our country and make a systematic study on how these laws have contributed towards the development of
legal status of the disabled persons in India. We are living in 21st century where speedy development is
taking place in every field of human life. Due to invention of Information and communications technology,
information is generated, published, circulated and exchanged across the world in a very fast manner which
is called as Information explosion. To cope up with this enormous information and to keep them abreast,
people are accessing required information from Library and Information centres or through using internet.
But 15% of the world’s population - approximately 1,000,000,000 users are still deprived of required
information or not getting latest information in timely manners, they called differently abled persons. Out of
which five percent of the total population of differently abled people is children. It means there are a total of
5 million disabled people in the world are children and they comprise a largest minority group of the world.
Like normal people, differently abled persons also require latest information to update, to educate, to
empower, to employ and to be independent. According to PWD act, differently‐ abled persons have equal
right to access the social, political, and economic life which includes not only physical access but access to
the same tools, services, organizations and facilities for which everyone pays. As per guidelines of
Government of India, information is a primary and fundamental right of all people of the country, including
differently abled persons and their information need must be fulfilled. On the 1st of January 1996 the
Government of India passed the Persons with Disabilities Act 1995 which ensures equality, freedom, justice
and dignity of all individuals and implicitly mandates an inclusive society for all including the persons with
disabilities. In India, due to lack of education and awareness such diseases and problems got areas to stretch
their arms. Researchers were keen to find solutions to such problems and faced troubles in covering the wide
areas and taking aid from government authorities and NGO’s to overcome such issues. With the help of this
research paper, scope and major issues, challenges concerning disability and rehab measures in India are
being tried to discussed upon and adoptive measures regarding health care for disabled in the community.
The Rights of Persons with Disabilities (RPWD) Act, 2016 was enacted in December 2016. It Protects and
promotes the rights and dignity of people with disability in various aspects of life Social, legal educational,
economic cultural and political. It applies to government, non government and private organizations. It has
implementing mechanism like Disability Commissioner’s offices at the centre and State level District
Committees, Boards and Committees for planning and monitoring the implementation of the Act, special
courts at District level and so on. It has mandates and timelines for establishment to ensure accessibility of
infrastructure to and services. It has penalties in case of Violation of any provisions of the Act. Like this AD
and DDA (America and Britain) are very important for disabled persons of America and Britain. Due to
these Acts disabled persons have the rights to live with dignity in their life. Life of these people have easy
and they can get success in many field. Such as jobs, education, sports etc. In Paralympics sports disabled
players are well playing in many games and earn name and frame in the world. Everyone should respect and
do any type of help of these people. We should proud of on these disabled persons. Disability is not the curse
of life it is a only weakness. In India the other name of the disabled person is Divyang jan. The Prime
Minister of India, Narendra Modi, in his Mann ki Bat program till December 2015, named the handicapped
as Divyang. The word has been in use since his suggestion.

KEYWORDS

Disability Laws in India, Disability, discrimination, Impairment, Locomotor, Benchmark, Rehabilitation.

INTRODUCTION

The disability rights debate is not so much about the enjoyment of specific rights as it is about ensuring the
equal effective enjoyment of all human rights, without discrimination, by people with disabilities. The non-
discrimination principle helps to make human rights in general relevant in the specific context of disability,
just as it does in the contexts of age, sex and children. Non discrimination and the equal effective enjoyment
of all human rights by people with disabilities, is therefore the dominant theme of the long-overdue reform
in the way disability and the disabled are viewed throughout the world.1

The primary responsibility for ensuring respect for the rights of persons with disabilities rests with the
government. Our government has taken various steps to provide equal opportunities to persons with
disabilities by enacting several Acts and implementing various policies and schemes for the empowerment of
persons with disabilities. Our constitution guarantees equal rights to each individual of our country. India is

1
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one of the first signatory to United Nations Convention on the Rights of Persons with Disabilities which
means we have to adopt it in its full spirit.2

Disability is a complex category as it has been and still is understood and interpreted by different people in
very different ways. In almost all societies, individuals with physical or intellectual anomalies have been
assumed to be, by the very nature of their condition, inferior. As the term disability carries with it the
connotation of a lack or deficiency, whether mental, physical or sensory, it has been defined primarily in
terms of medical deficit. However, it has to be acknowledged that the word disability is itself not a
homogeneous category, subsuming under different kinds of bodily variations, physical impairments, sensory
deficits and mental or learning inadequacies, which may be either congenital or acquired. Disability has
been recognised as a human rights issue in the international arena, with the United Nations Declaration on
the Rights of the Disabled Persons focusing attention on the needs of disabled people globally.3

As many as 70 million disabled people spread across India continue to be treated as second- class citizens.
For them segregation, marginalisation and discrimination are norms rather than exception. Faced with
barriers put by stereotyped attitudes, they are generally viewed as objects of charity and welfare as the world
merrily goes about trampling their most basic human rights. Sadly, this is so despite the United Nations
Declaration of Human Rights in 1948 that makes observance of human rights a precondition for ensuring
justice, freedom and peace. In 1992, India became a signatory to the Proclamation on Full Participation and
Equality of People with Disabilities in the Asian and Pacific Region. This was adopted at Beijing at a
conference convened by the Economic and Social Commission for Asian and Pacific Region. The
proclamation brought an obligation upon the country to enact a law as per its solemn affirmations. And so
the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995
got through Parliament. Amongst the four domestic legislations related to disability it is this Act that
provides entitlements of rights to persons with disabilities and mandates the government to provide facilities
for their full participation. The provisions under the Act are all very empowering but unfortunately, even
though the Act was passed almost 19 years ago, its implementation remains woefully inadequate. Those
responsible for its implementation and several persons with disabilities often remain unaware of the
provisions of the Act.4

DISABILITY LAWS IN INDIA IN BRIEF THE CONSTITUTION OF INDIA AND THE DISABLED5

2
Ibid
3
Disabled Definitions, Impaired Policies: Reflections on Limits of Dominant Concepts of
Disability; Nandini Ghosh, Associate Professor of Sociology Institute of Development Studies
Kolkata (IDSK), Salt Lake, Kolkata
4
http://combatlaw.org/wp-content/uploads/Combat_Law_Jan-Feb_2008.pdf
5
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about 6 p.m
The Constitution of India applies uniformly to every legal citizen of India, whether they are healthy or
disabled in any way ( physically or mentally). Under the Constitution the disabled have been guaranteed the
following fundamental rights:

1. The Constitution secures to the citizens including the disabled, a right of justice, liberty of thought,
expression, belief, faith and worship, equality of status and of opportunity and for the promotion of
fraternity.

2. Article 15(1)6 enjoins on the Government not to discriminate against any citizen of India (including
disabled) on the ground of religion, race, caste, sex or place of birth.

3. Article 15(2)7 States that no citizen (including the disabled) shall be subjected to any disability, liability,
restriction or condition on any of the above grounds in the matter of their access to shops, public restaurants,
hotels and places of public entertainment or in the use of wells, tanks, bathing ghats, roads and places of
public resort maintained wholly or partly out of government funds or dedicated to the use of the general
public. Women and children and those belonging to any socially and educationally backward classes or the
Scheduled Castes & Tribes can be given the benefit of special laws or special provisions made by the State.
There shall be equality of opportunity for all citizens (including the disabled) in matters relating to
employment or appointment to any office under the State.

4. No person including the disabled irrespective of his belonging can be treated as an untouchable. It would
be an offence punishable in accordance with law as provided by Article 178 of the Constitution.

5. Every person including the disabled has his life and liberty guaranteed under Article 21 9 of the
Constitution.

6. There can be no traffic in human beings (including the disabled), and beggar and other forms of forced
labour is prohibited and the same is made punishable in accordance with law (Article 23) 10.

7. Article 2411 prohibits employment of children (including the disabled) below the age of 14 years to work
in any factory or mine or to be engaged in any other hazardous employment. Even a private contractor acting
for the Government cannot engage children below 14 years of age in such employment.

6
The Constitution of India
7
Ibid
8
Ibid
9
Ibid
10
Ibid
11
Ibid
8. Article 25 guarantees to every citizen (including the disabled) the right to freedom of religion. Every
disabled person (like the non disabled) has the freedom of conscience to practice and propagate his religion
subject to proper order, morality and health.

9. No disabled person can be compelled to pay any taxes for the promotion and maintenance of any
particular religion or religious group.

10. No Disabled person will be deprived of the right to the language, script or culture which he has or to
which he belongs.

11. Every disabled person can move the Supreme Court of India to enforce his fundamental rights and the
rights to move the Supreme Court is itself guaranteed by Article 32.

12. No disabled person owning property (like the non disabled) can be deprived of his property except by
authority of law though right to property is not a fundamental right. Any unauthorized deprivation of
property can be challenged by suit and for relief by way of damages.

13. Every disabled person (like the non disabled) on attainment of 18 years of age becomes eligible for
inclusion of his name in the general electoral roll for the territorial constituency to which he belongs.

DISABLED AND THE EDUCATION LAWS12

The right to education is available 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 education
institution maintained by the State or receiving aid out of State funds on the ground of religion, race, caste or
language.

DISABLED AND THE HEALTH LAWS13

Article 4714 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
prohibition of the consumption of intoxicating drinks and drugs which are injurious toone’s health except for
medicinal purposes. The health laws of India have many provisions for the disabled. Some of the Acts which

12
http://planningcommission.nic.in/reports/sereport/ser/stdy_dsbty.pdf
13
Ibid
14
Supra note 11
make provision for health of the citizens including the disabled may be seen in the Mental Healthcare Act,
2017.

DISABLED AND THE FAMILY LAWS

Various laws relating to the marriage enacted by the Government for different communities apply equally to
the disabled. In most of these Acts it has been provided that the following circumstances will disable a
person from undertaking a marriage. These are:

(1) Where either party is an idiot or lunatic.

(2) Where one party is unable to give a valid consent due to unsoundness of mind or is suffering from a
mental disorder of such a kind and extent as to be unfit for ‘marriage for procreation of children’.

(3) Where the parties are within the degree of prohibited relationship or are sapindas of each other unless
permitted by custom or usage.

(4) Where either party has a living spouse. The rights and duties of the parties to a marriage whether in
respect of disabled or non-disabled persons are governed by the specific provisions contained in different
marriage Acts, such as the Hindu Marriage Act, 1955, the Christian Marriage Act, 1872 and the Parsi
Marriage and Divorce Act, 1935. Other marriage Acts which exist include; the Special Marriage Act, 1954
(for spouses of differing religions) and the Foreign Marriage Act, 1959 (for marriage outside India). The
Child Marriage Restraint Act, 1929 as amended in 1978 to prevent the solemnization of child marriages also
applies to the disabled. A Disabled person cannot act as a guardian of a minor under the Guardian and Wards
Act, 1890 if the disability is of such a degree that one cannot act as a guardian of the minor. A similar
position is taken by the Hindu Minority and Guardianship Act, 1956, as also under the Muslim Law.

DISABLED AND THE SUCCESSION LAWS15

Under the Hindu Succession Act, 1956 which applies to Hindus it has been specifically provided that
physical disability or physical deformity would not disentitle a person from inheriting ancestral property.
Similarly, in the Indian Succession Act, 1925 which applies in the case of intestate and testamentary
succession, there is no provision which deprives the disabled from inheriting an ancestral property. The
position with regard to Parsis and the Muslims is the same. In fact a disabled person can also dispose his
property by writing a ‘will’ provided he understands the import and consequence of writing a will at the time
when a will is written. For example, a person of unsound mind can make a Will during periods of sanity.

15
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Even blind persons or those who are deaf and dumb can make their Wills if they understand the import and
consequence of doing it.

DISABLED AND THE LABOUR LAWS16

The rights of the disabled have not been spelt out so well in the labour legislations but provisions which
cater to the disabled in their relationship with the employer are contained in delegated legislatio ns such as
rules, regulations and standing orders.

DISABLED AND THE INCOME TAX CONCESSIONS17

Relief for Handicapped Section 80 DD: Section 80 DD provides for a deduction in respect of the expenditure
incurred by an individual or Hindu Undivided Family resident in India on the medical treatment (including
nursing) training and rehabilitation etc. of handicapped dependants. For officiating the increased cost of such
maintenance, the limit of the deduction has been raised from Rs.12000/- to Rs.20000/-.

Section 80 V: A new section 80V has been introduced to ensure that the parent in whose hands income of a
permanently disabled minor has been clubbed under Section 64, is allowed to claim a deduction upto
Rs.20000/- in terms of Section 80 V.

Section 88B: This section provides for an additional rebate from the net tax payable by a resident individual
who has attained the age of 65 years. It has been amended to increase the rebate from 10% to 20% in the
cases where the gross total income does not exceed Rs.75000/- (as against a limit of Rs.50000/- specified
earlier).

THE PERSONS WITH DISABILITIES (PWD) (EQUAL OPPORTUNITIES, PROTECTION OF

“The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”
had come into enforcement on February 7, 1996. It is a significant step which ensures equal opportunities for
the people with disabilities and their full participation in the nation building. The Act provides for both the
preventive and promotional aspects of rehabilitation like education, employment and vocational training,
reservation, research and manpower development, creation of barrier-free environment, rehabilitation of
persons with disability, unemployment allowance for the disabled, special insurance scheme for the disabled
employees and establishment of homes for persons with severe disability etc.

THE REHABILITATION COUNCIL OF INDIA ACT, 1992.19

1. To have the right to be served by trained and qualified rehabilitation professionals whose names are borne
on the Register maintained by the Council.

2. To have the guarantee of maintenance of minimum standards of education required for recognition of
rehabilitation qualification by universities or institutions in India.

3. To have the guarantee of maintenance of standards of professional conduct and ethics by rehabilitation
professionals in order to protect against the penalty of disciplinary action and removal from the Register of
the Council.

4. To have the guarantee of regulation of the profession of rehabilitation professionals by a statutory council
under the control of the central government and within the bounds prescribed by the statute.

THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY,
MENTAL RETARDATION AND MULTIPLE DISABILTIES ACT, 1999.20

1. The Central Government has the obligation to set up, in accordance with this Act and for the purpose of
the benefit of the disabled, the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disability at New Delhi.

2. The National Trust created by the Central Government has to ensure that the objects for which it has been
set up as enshrined in Section 10 of this Act have to be fulfilled.

3. It is an obligation on part of the Board of Trustees of the National Trust so as to make arrangements for an
adequate standard of living of any beneficiary named in any request received by it, and to provide financial
assistance to the registered organizations for carrying out any approved programme for the benefit of
disabled.

4. Disabled persons have the right to be placed under guardianship appointed by the ‘Local Level
Committees’ in accordance with the provisions of the Act. The guardians so appointed will have the
obligation to be responsible for the disabled person and their property and required to be accountable for the
same.

5. A disabled person has the right to have his guardian removed under certain conditions. These include an
abuse or neglect of the disabled, or neglect or misappropriation of the property under care.

20
Ibid
6. Whenever the Board of Trustees are unable to perform or have persistently made default in their
performance of duties, a registered organization for the disabled can complain to the central government to
have the Board of Trustees superseded and/or reconstituted.

7. The National Trust shall be bound by the provisions of this Act regarding its accountability, monitoring
finance, accounts and audit.

THE MENTAL HEALTHCARE ACT, 201721

Under the Mental Health Act, 1987 mentally ill persons are entitled to the following rights:

1. A right to be admitted, treated and cared in a psychiatric hospital or psychiatric nursing home or
convalescent home established or maintained by the Government or any other person for the treatment and
care of mentally ill persons (other than the general hospitals or nursing homes of the Government).

2. Even mentally ill prisoners and minors have a right of treatment in psychiatric hospitals or psychiatric
nursing homes of the Government.

3. Minors under the age of 16 years, persons addicted to alcohol or other drugs which lead to behavioral
changes, and those convicted of any offence are entitled to admission, treatment and care in separate
psychiatric hospitals or nursing homes established or maintained by the Government.22

3. Mentally ill persons have the right to get regulated, directed and coordinated mental health services from
the Government. The Central Authority and the State Authorities set up under the Act have the responsibility
of such regulation and issue of licenses for establishing and maintaining psychiatric hospitals and nursing
homes.

4. Treatment at Government hospitals and nursing homes mentioned above can be obtained either as in
patient or on an out-patients basis.

5. Mentally ill persons can seek voluntary admission in such hospitals or nursing homes and minors can seek
admission through their guardians. Admission can be sought for by the relatives of the mentally ill person on
behalf of the latter. Applications can also be made to the local magistrate for grants of such (reception)
orders.

6. The police have an obligation to take into protective custody a wandering or neglected mentally ill person,
and inform his relative, and also have to produce such a person before the local magistrate for issue of
reception orders.

21
THE MENTAL HEALTHCARE ACT, 2017 (ACT 10 OF 2017)
22
Ibid
7. Mentally ill persons have the right to be discharged when cured and entitled to ‘leave’ the mental health
facility in accordance with the provisions in the Act.23

8. Where mentally ill persons own properties including land which they cannot themselves manage, the
district court upon application has to protect and secure the management of such properties by entrusting the
same to a ‘Court of Wards’, by appointing guardians of such mentally ill persons or appointment of
managers of such property.

9. The costs of maintenance of mentally ill persons detained as inpatient in any government psychiatric
hospital or nursing home shall be borne by the state government concerned unless such costs have been
agreed to be borne by the relative or other person on behalf of the mentally ill person and no provision for
such maintenance has been made by order of the District Court. Such costs can also be borne out of the
estate of the mentally ill person.

10. Mentally ill persons undergoing treatment shall not be subjected to any indignity (whether physical or
mental) or cruelty. Mentally ill persons cannot be used without their own valid consent for purposes of
research, though they could receive their diagnosis and treatment.

11. Mentally ill persons who are entitled to any pay, pension, gratuity or any other form of allowance from
the government (such as government servants who become mentally ill during their tenure) cannot be denied
of such payments. The person who is in-charge of such mentally person or his dependants will receive such
payments after the magistrate has certified the same.24

12. A mentally ill person shall be entitled to the services of a legal practitioner by order of the magistrate or
district court if he has no means to engage a legal practitioner or his circumstances so warrant in respect of
proceedings under the Act.25

JUDICIARY AND THE DISABLED

The Indian Judiciary has played a very significant role in developing the human rights of the disabled
persons. In a number of cases the Supreme Court and the High Courts interpreted the disability legislations
furthering the objectives contained therein. The extraordinary powers vested in the Supreme Court under
Articles 32 and 142, and the High Courts under Article 226 of the Constitution of India, have ensured that
the rights of the citizens, and more specifically, that of the disabled citizens, are not trampled upon. 26

23
Ibid
24
Ibid
25
Ibid
26
Supra note 11
In Javed Abidi v. Union of India 27 while directing Indian Airlines to provide concessions for passengers
suffering from locomotors disability, the Supreme Court keeping in view the object of the persons with
disabilities Act, 1995, directed creation of various free environment for person with disabilities and making
special proviso ions for their rehabilitation, medical care, education, employment, training and protection of
their rights.

In D.N. Chanchala v. State 28, the Supreme Court advocating the right based approach to disability extended
the equitable principle of preferential treatment under Art 15 (4) to persons with disabilities to bring them to
the mainstream of the society by giving them equal opportunity in the field of education. The Allahabad
High Court in National Federation of Blinds UP Branch v. Stae of UP 29 ordered the Lucknow Development
Authority not only to give preference in the matter of allotment of land houses to handicapped persons, but
also to provide concessional rates to them.

In Chandan Kumar Banik v. State of West Bengal 30 the Supreme Court rescued mentally challenged inmates
of a hospital in Hooghly District who were being kept chained by the hospital administration to control their
unruly and violent behaviour. Absence of reservations for persons with a physical handicap in medical
colleges was found by the Calcutta High Court to be an infringement of Persons with Disabilities Act and the
Constitution as well in Dy. Secy. (Mart), Deptt. of Health and Family Welfare v. Sanchita Biswas 31. This
view of the Calcutta High Court finds support in a fluty of judgments [Raman Khanna (Dr.) v. University of
Delhi, (2003) 106 DLT 97; Vijay Kr. Agarwal v. State of Rajasthan, CWP No. 1239 of 2000; A.P. Federation
of the Blind v. Registrar, Andra University, WP No.10234 of 1999; Benny v. State of Kerala, WA No. 3660,
decided on 30.01.2003 etc.] pronounced by deferent High Courts of the country. In Sheeela Bharse v. Union
of India32 the Supreme Court held that mentally ill non-criminal persons cannot be kept in jail and opined
that keeping the non-criminals in jail along with other convicts is unconstitutional. Like this in a plethora of
cases, the Indian judiciary has shown its concern towards the protection of the human rights of the disabled
persons and played a vital role in the realm of disability rights in India.

SUGGESTIONS

Preventive health programs need to be strengthened and all children need to be screened at a young age.
Kerala has already started an early prevention programme. Comprehensive Newborn screening programme
seeks early identification of deficits in infants and reduce the state’s burden of disability . People with

27
[(1999) 1 SCC, 467]
28
[AIR 1971 SC 1762]
29
[AIR 2000 All 258]
30
[1995 Supp (4) SCC, 505]
31
[AIR 2000 Cal 202]
32
[(1993) 4 SCC, 204]
disabilities need to be better integrated into society by over coming stigma . Success stories of people with
disabilities can be show cased to inculcate positive attitude among people . Disabled adults need to be
empowered with employable skills. The Private sector needs to be encouraged to employ them. The scale of
disability in India needs to be better understood by improving the measurement of disability. There should be
proper teacher training to disabled and facilitate their inclusion in regular schools. State twise strategies on
education for children with special needs need to be devised. There should be more special schools and
ensure educational material for differently abled children. Safety measures like road safety, public transport
system, safety in residential areas etc, should be taken up. It should be made legally binding to make
buildings disabled friendly. More budgetary allocation for welfare of the disabled. There should be a
disability budgeting on line of gender budget.

CONCLUDING REMARKS

Disability is considered to be a social stigma in society which needs to be improvised. Disability is nothing
but impairment in mind of people rather than being impaired by limbs. People in the society have such belief
for them which makes them unable to stand on their own. Factors like funding, training, attitudes of families
and friends are major factors responsible for slow down of growth of disabled persons. In the areas where
they have been taken care of, they have proved their mettle and reached heights and achieved highest scores
In society. Disabled persons who have made their aim and have worked hard towards attaining goals are
successful today and chairing various important posts in government as well as in private organizations.
People are excluded and prevented from participating effectively on equal terms in mainstream society.
Disability is an unfortunate part of human life which can affect not only the natural way of living but also
despair strength and power. It is said that a person can win everywhere but when it comes to home and he
has lost the battle at home, it is the point where a person dies. With the amendments in Rights of persons
with disabilities act, 2016, various provisions have been added in the benefit of disabled persons. Our law
has also strengthened and gross benefits are provided to disabled persons. In limitation act, 1963, under
section 6(3) of limitation act, 1963 empowers legal representatives to file a suit after the death of a person
suffering from legal disability, this provision is supported by order 22 rule3(1) of Civil Procedure Code,
1908. Every person has right to life with dignity that includes disabled persons also as guaranteed under
article 21 of Constitution. However, mere passing of the act is not sufficient and it has to be implemented in
actions. Through its kind perusal, it is seen by deeds and actions that law makers have been able to enact
better provisions for disabled section of the society. It is clear that the position of the disabled section will
not improve unless there is an active participation among government, nongovernmental organization and
other members of the society. The government has done a commendable job in driving its attention towards
the education and employment of the disabled section. Several schemes and benefits have successfully
served to provide equal opportunities to the disabled sections of the society. The government needs to launch
more social security schemes for disabled sections and generate more employment opportunities for them.
For implementing all the social security schemes, government or the society have to make collective efforts
to remove socio- legal impediments which were the cause of disturbing all the efforts of state and NGO’s
and other social workers. Its scope lies in rehabilitation with transparency between the state and its citizens
and methodology to be adopted for implementation of the rehabilitation programs. Disabled population is
great in numbers in India and cannot be overlooked. Though, estimates of India’s disability population vary,
researchers have put the figure to 70 million. This is a huge population which in any foreign country would
be its total population. An estimated 75% per cent of people with disabilities reside in rural areas of
developing countries and have very limited scope of attaining the services they require. The best possible
manner to train, educate and boost the morale of disabled sections of society is by linking them to labour
jobs opportunities. The key stakeholders are government, companies, NGOs and the disabled community.
There are challenges at different levels. When a person has been able to study and develop themselves
against all odds and finds themselves in such a situation where they are not finding any suitable jobs, this
affects their self-confidence. Disabled people who live in rural areas are cut off from self centric
development and no knowledge of English and computers, which is must for employment are the people
suffering the most. Government’s reservation policy of 3% reservation in government and public sector jobs
does not translate to a reality because the disabled cannot pass the online recruitment tests and the method of
job identification is cumbersome. In public sector, it is identified that persons with disability tantamount to
1-1.5% of their workforce. It is seen in most of the cases, that if a person thinks to attain success breaking all
the barriers of the society and at home, he might become successful. For example: A business is being
handled by one such group of persons in Gujarat where all the employees are physically challenged and they
are making profits out of the business by manufacturing bags by used clothes. There is an opportunity to
skill the disabled for industry needs. Vocational skills are imbibed in such persons based on the needs of the
industry. India has set up an ambitious task of skilling 500 million youth in five years to garner its
demographic area with financial budget. National Skilling Development Corporation and government
departments have taken initiation on training youth. Technological advancement is also needed to aid in
overall development of disabled persons as every department and government is technology driven. An
employment portal should be set up, which should have a data of all classes of people and should offer job
opportunities to all sections of society. This would serve as a knowledge base with articles and research
publications. Carrot and sticks idiom should be followed with best companies and organizations indulged
into facilitating best services for disabled persons under overall situations. Their names should be
highlighted and should be rewarded so that it will help in persuasion to others. Some entrepreneurs are
building their business model based on workforce consisting of disabled persons. These best practices need
to be mapped to inspire others and help them perceive the persons with disability as a v”luab’e alternative
labour force. Through government, technical aid should be provided to training centres for persons with
disability. NSDC and other government departments should be encouraged to have a separate window of
funding for the disabled. An initiative should also be taken on social networking websites to urge such
discouraged persons to learn new things and to interact with other people which in turn would make them
lively and live their life with ecstasy. This will help build a positive environment for the public including
important stakeholders to come on board to mainstream persons with disability.