All Papers/Social Justice, Human Rights and Social Welfare in India (2023-24)/Q10
Q10
15 Marks

Part C (Q10): Elucidate the main provisions of the Persons with Disabilities Act, 1995.

Expert Answer

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act) was a landmark legislation in India. Prior to this, disability was largely viewed through a medical or charitable lens. This Act represented a paradigm shift toward a rights-based approach, aiming to integrate persons with disabilities into the economic and social mainstream.

(Note: This act has since been replaced by the more comprehensive RPWD Act of 2016, but understanding the 1995 Act is historically vital).

Key Provisions of the PWD Act, 1995:

1. Definition of Disability: The Act defined disability as covering 7 specific conditions: Blindness, Low vision, Leprosy-cured, Hearing impairment, Locomotor disability, Mental retardation, and Mental illness. To claim benefits under the Act, a person had to suffer from not less than 40% of any of these disabilities (certified by a medical authority).

2. Education:

  • Guaranteed the right to free education up to the age of 18 in an appropriate environment (normal schools or special schools).
  • Mandated the promotion of integration of disabled students into normal schools.
  • Directed the government to provide transport facilities, remove architectural barriers in schools, and supply free books and uniforms.

3. Employment (Reservation):

  • 3% Reservation: This was the most significant provision. It mandated that government establishments reserve not less than 3% of vacancies for persons with disabilities (1% each for blindness/low vision, hearing impairment, and locomotor disability/cerebral palsy).
  • Prohibited employers from denying a person a promotion purely on the ground of their disability.
  • Protected employees who acquired a disability during their service from being fired or demoted; they had to be shifted to another suitable post with the same pay scale.

4. Affirmative Action and Non-Discrimination:

  • Directed governments to allot land at concessional rates for housing, setting up businesses, or establishing special schools for persons with disabilities.
  • Mandated "Barrier-Free Environments": Required public buildings, transport systems (buses, trains), and waiting rooms to be made accessible by building ramps, adapting toilets, and installing auditory signals at traffic lights.

5. Institutional Machinery: Established the Office of the Chief Commissioner for Persons with Disabilities (at the center) and State Commissioners to monitor the implementation of the Act and look into complaints regarding the deprivation of rights.