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LEGAL ASPECTS OF DISABILITY IN INDIA, On September, 1992 the RCI Act was…

- - - - Contains 17 chapters and 102 sections
        
        IMPORTANT DEFINITIONS:
        “person with benchmark disability” means a person with not less than forty per cent. of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority. “person with disability” means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others
        
        MAJOR PROVISIONS
        
        OTHER CHARACTERISTICS
        
        Medical+social model
        
        Applies to Jammu and Kashmir also
        
        rights based approach
        
        No. of disabilities: 21
        
        Additional benefits have been provided for persons with benchmark disabilities and those with high support needs.
        
        Education - All children with benchmark disabilities between 6 and 18 years shall have the right to free education.The act increased the reservation for people with benchmark disabilities from 3% to 4% in government jobs and from 3% to 5% in higher education institutes.
        
        Guardianship -District Court or any authority designated by the State Government under which there will be a joint decision–making between the guardian and the persons with disabilities.
        
        Social security- The appropriate Government shall within the limit of its economic capacity and development formulate necessary schemes and programmes to safeguard and promote the right of persons with disabilities for adequate standard of living to enable them to live independently or in the community.
        
        Employment -No Government establishment shall discriminate against any person with disability in any matter relating to employment
  - - - Contains 9 chapters and 36 sections
        
        IMPORTANT DEFINITIONS:
        "Mental retardation" means a condition of arrested or incomplete development of mind of Person, which is specially characterized by sub-normality of intelligence.
        "Multiple disabilities" means a combination of two or more disabilities as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
        "Persons" with disability" means a person suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disability.
        "Severe disability" means disability with eighty percent or more of one or more of multiple disabilities.
        
        It is an act to provide for the constitution of a body at the National level for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities and for matters connected therewith or incidental thereto.
        
        SCHEMES
        
        VIKAAS (Day Care Scheme for 10+ years) - provide day-care facilities to Divyangjan for at least 6 hours in a day (between 8 am and 6 pm) along with age specific activities. Day care should be opened for at least 21 days in a month.
        
        Disha-cum Vikaas Scheme (Day Care)
        
        Samarth (Respite Care Residential Scheme)- provide respite care home for orphans or abandoned, families in crisis and also for Persons with Disabilities (Divyangjan) from BPL & LIG families including destitute with at least one of the four disabilities covered under the National Trust Act.
        
        Gharaunda (Group Home for Adults) - provide an assured home and minimum quality of care services throughout the life of the persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities.
        
        Samarth-cum-Gharaunda Scheme (Residential)
        
        Badhte Kadam (Awareness, Community Interaction & Innovative Project Scheme) - create community awareness, sensitization, social integration and mainstreaming of Persons with Disabilities (Divyangjan).
        
        Niramaya’ Health Insurance Scheme
        
        Sampark-`In the Hour of Need scheme’ - provide necessary support to Divyangjan covered under the National Trust Act in case of natural calamity like – Cyclone, Earthquake, Flood etc. for a period of 100 days, to commence from the first day of each programme.
        
        Disha (Early Intervention and School Readiness Scheme for 0-10 years) - day-care facilities to PwDs (Divyangjan) for at least 4 hours in a day (between 8 am and 6 pm) along with age specific activities
  - - - Contains 14 chapters and 74 sections
        
        IMPORTANT DEFINITIONS:
        "disability" means -blindness; low vision; leprosy-cured; hearing impairment; locomotor disability; mental retardation; mental illness .
        "mental illness" means any mental disorder other than mental retardation.
        "mental retardation" means a condition of arrested or incomplete development of mind of a person which is specially characterised by subnormality of intelligence .
        "person with disability" means a person suffering from not less than Forty per cent of any disability as certified by a medical authority.
        
        MAJOR PROVISIONS
        
        Education — Every child with disability shall have the right to free education till the age of 18 years in integrated schools or special schools. — Children with disabilities shall have the right to free books, scholarships, uniform and other learning material.
        
        Employment — Three percent of vacancies in government employment shall be reserved for people with disabilities, one percent each for persons suffering from: Blindness or Low Vision; Hearing Impairment ;Locomotor Disabilities & Cerebral Palsy
        
        Non-discrimination — Public building, rail compartments, buses, ships and aircrafts will be designed to give easy access to disabled people.
        
        Social Security — Financial assistance to non-government organisation for rehabilitation of persons with disabilities.
        
        Affirmative action— Aids and appliances shall be made available to people with disabilities
        
        OTHER CHARACTERISTICS
        
        Medical model
        
        Applies to whole of India except Jammu and Kashmir
        
        No. of disabilities: 7
        
        charity based approach