Disability Laws, Rights and Schemes

This page documents the disability laws, rights and benefits applicable to persons with disabilities (including Usher syndrome) in India.  Disclaimer: this is not an exhaustive list.


INDEX

  • Rights and benefits of persons with disabilities
  • How to register a complaint for abuses against persons with disabilities?
  • What government programs/schemes are applicable to the deafblind in India?
  • What laws are applicable to NGOs who help the deafblind?
  • How do I get a disability certificate in India?
  • How do I get a Unique Disability ID (UDID) Card?
  • What are the benefits of the UDID Card?

Rights and Benefits of Persons with Disabilities

News Articles

Laws, Policies

  • National Education Policy, 2020 (NEP):
    • The NEP has provisions for children with disabilities. However, the degree in which these provisions are already in place seems low, and the speed in which they will be implemented soon is unknown.
    • "3.3 ... Trained and qualified social workers from civil society organizations/departments of Social Justice and Empowerment and government functionaries dealing with empowerment of Persons with Disabilities at the State and district level, could be connected to schools, through various innovative mechanisms adopted by State/UT Governments, to help ..." [NGOs with trained personnel could get connected with mainstream schools]
    • "5.21. There is an urgent need for additional special educators ...  include subject teaching for children with disabilities/Divyang children at the Middle and Secondary school level ..."  
    • "5.24. All B.Ed. programmes will include training in ... teaching children with disabilities ..."
    • "5.26. Shorter post-B.Ed. certification courses will also be made widely available ... to teachers who may wish to move into more specialized areas of teaching, such as the teaching of students with disabilities ..."
  • Rights of Persons with Disabilities Rules, 2017
  • Rights of Persons with Disabilities Act (RPwD 2016) -- comprehensive legislation providing a legal framework for the empowerment and inclusion of persons with disabilities. Establishes various rights and entitlements, including access to education, employment, healthcare, rehabilitation, provision for assistive devices and technologies, and social security benefits. Some provisions: 
    • "mandates appropriate Government and local authorities to ensure that every child with benchmark disabilities (disability of 40% or more) has access to free education in an appropriate environment till he attains the age of 18 years."
  • Right to Free and Compulsory Education (RTE) Act, 2009  -- mandates free and compulsory elementary education to all children including CWS. A child with multiple and/or severe disabilities has the right to opt for home based education.
  • United Nations Convention on the Rights of Persons with Disabilities (UNCRPD, 2008)
  • The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 -- establishes the National Trust to oversee the welfare and development of persons with autism, cerebral palsy, mental retardation, and multiple disabilities. (Note that deafblindness is considered a multiple disability.) It covers various aspects, including education and training for persons with disabilities.  List of schemes here.
  • Rehabilitation Council of India Act, 1992 -- provides for the constitution of the Rehabilitation Council of India (RCI) to regulate the training and standardization of professionals working in the field of rehabilitation and special education.

How to register a complaint for abuses against persons with disabilities?


What government programs/schemes are applicable to the deafblind in India?

Note that the availability and implementation of these programs may vary across different states and regions in India. For more specific information and to determine eligibility for these programs, it is recommended to visit the official government websites for these schemes.


Accessible India Campaign (2015)

ADIP Scheme (Assistance to Disabled Persons for Purchase / Fitting of Aids and Appliances, 1981)


Deendayal Disabled Rehabilitation Scheme (DDRS Scheme)

  • Source: https://disabilityaffairs.gov.in/content/page/ddrs.php  
  • Purpose: give financial assistance to voluntary organizations that help rehabilitate persons with disabilities. Includes providing rehabilitation services and assistive devices to persons with disabilities. Covers areas such as education, skill development, healthcare, and livelihood support.

Divyangjan Swavalamban Yojana Scheme For Persons With Disabilities 


Financial Assistance for Deaf Colleges, 2018 


Inclusive Education for Disabled at Secondary Stage (IEDSS) Scheme, 2009

  • Now subsumed under Samagra Shiksha
  • Source: https://www.education.gov.in/iedss. 
  • Purpose: provides assistance for the inclusive education of the disabled children in classes 9-12

Indira Gandhi National Disability Pension Scheme, 2009


National Handicapped Finance and Development Corporation (NHFDC)

  • Source: https://www.nhfdc.nic.in/schemes
  • Purpose: offers various schemes and programs for persons with disabilities, including financial assistance for education, skill development, and employment

National Policy for Rare Diseases (NPRD), 2021 (Ministry of Health and Family Welfare)


National Programme for Control of Blindness and Visual Impairment (1976)


National Programme for the Prevention and Control of Deafness (NPPCD, 2006)

Railway Concession for PwDs

Samagra Shiksha, Department of School Education and Literacy, Ministry of Education, 2018

  • Source: https://samagra.education.gov.in/inclusive.html  
  • Purpose: education-for-all programme. to improve school effectiveness, provide equal opportunities for leaning, equitable learning outcomes.  Subsumes  Sarva Shiksha Abhiyan (SSA), Rashtriya Madhyamik Shiksha Abhiyan (RMSA) and Teacher Education (TE).
  • Key points:
    • "enabling all students with disabilities completing eight years of elementary schooling, an opportunity to complete four years of secondary schooling in an inclusive and enabling environment in the general education system at the secondary level (classes IX to XII).
    • "Allocation for Children with Special Needs (CwSN) increased from Rs. 3000 to Rs. 3500 per child per annum. Stipend of Rs. 200 per month for Girls with Special Needs from Classes 1 to 12."
    • "identification and assessment of CWSN (children with special needs), provision of aids, appliances, corrective surgeries, Braille books, large print books and uniforms, therapeutic services, development of teaching-learning material (TLM), assistive devices & equipments, environment building and orientation programme to create positive attitude and awareness about nature and needs of CWSN, purchase/development of instructional materials, in-service training of special educators and general teachers on curriculum adaptation, stipend for girls with special needs etc" 

Sarva Shiksha Abhiyan (SSA) Scheme, 2004 

  • Now subsumed by Samagra Shiksha
  • Source: https://dsel.education.gov.in/sites/default/files/2019-05/Manual_Planning_and_Apprisal.pdf
  • Key points: for kids age 6-14years. Aims to achieve universal elementary education. It includes provisions for the education of children with disabilities and promotes inclusive education practices, such as identification and assessment camps, provision of aids, appliances, assistive devices, teaching learning materials (TLMs) etc. Under this scheme, handicapped children who require one to one teaching are allowed to be taught by NGO and they are permitted to appear for examinations at municipal or government schools. 


Guidelines for Conducting Written Examinations for Persons with Benchmark Disabilities 



Additional schemes are also available in:


What laws are applicable to NGOs who help the deafblind?

Non-Governmental Organizations (NGOs) that work with and support the deafblind in India are subject to various laws and regulations. While the specific laws applicable to NGOs can vary depending on their activities and legal structure, here are some key laws and regulations that may be relevant:

  • The Societies Registration Act, 1860: This act provides for the registration and regulation of societies, including NGOs. NGOs working with the deafblind in India often register under this act to establish their legal identity and ensure compliance with legal requirements.

  • The Indian Trusts Act, 1882:  NGOs may choose to register as trusts under this act. Trusts are legal entities that are created to hold and manage properties or assets for a specific purpose, such as providing services and support to the deafblind.
  • Foreign Contribution (Regulation) Act, 2010 (FCRA): NGOs that receive foreign contributions, including funds from overseas sources, need to comply with the FCRA. This act regulates the acceptance and utilization of foreign contributions for charitable purposes and ensures transparency and accountability in the utilization of such funds.
  • Income Tax Act, 1961:  NGOs need to comply with tax regulations under the Income Tax Act. This includes obtaining and maintaining tax-exempt status under Section 12A or Section 80G of the act, which provides tax benefits to donors contributing to NGOs.

It is important to note that NGOs working with the deafblind may also need to comply with various other laws and regulations, including labor laws, data protection and privacy regulations, and any specific regulations applicable to their activities or geographical location.

NGOs are advised to consult legal professionals or experts in the field to ensure compliance with all relevant laws and regulations and to stay updated with any changes in the legal framework that may impact their work.


How do I get a disability certificate in India?

To get a disability certificate in India, you will need to follow these steps:

  • Visit a government hospital or a medical board constituted by the government for certification of disabilities.
  • Obtain a medical certificate from a doctor certifying your disability. The certificate should mention the degree and nature of the disability, along with any necessary medical details.
  • Submit the medical certificate along with your identity proof, address proof, and any other necessary documents to the designated government office, which may vary depending on your state or union territory.
  • Your disability will be assessed by a medical board, which may require you to undergo further tests or examinations.
  • After the assessment, if your disability is found to be eligible, you will be issued a disability certificate.

It is important to note that the procedure for obtaining a disability certificate may vary slightly depending on the state or union territory you are in. You can contact your nearest government hospital or the local district disability rehabilitation center for more information on the process in your area.

This is the official government document that outlines the guidelines for evaluation and management of disabilities in India, and it includes the steps for obtaining a disability certificate. Click here, the English explanation starts on page 63.


How do I get a Unique Disability ID (UDID) Card?

Under the Rights of Persons with Disabilities Act, 2016, the government has made provisions for the issuance of Unique Disability Identity (UDID) card, which can serve as a single document for identification, verification and availing various benefits, and can be obtained by registering online at the UDID portal.

The UDID card can also be issued by home district hospital as well as the hospital where the PWD is taking medical treatment.


What are the benefits of the UDID Card?

The Unique Disability Identity (UDID) card in India provides several benefits to persons with disabilities (PWDs) who hold it. Here are some of the benefits that can be availed with a UDID card:

  • Access to government schemes and benefits: The UDID card is recognized as proof of disability by the government of India, which means that PWDs can access government schemes and benefits.
  • Single document of identification: Serves as a single document of identification for PWDs. It captures detailed information such as Aadhar number, date of birth, etc. 
  • Eliminates the need for multiple documents: Eliminates the need for making, maintaining, and carrying multiple copies of various documents related to the disability. 
  • Streamlines tracking of progress: The UDID card helps in streamlining the tracking of the physical and financial progress of beneficiaries of government schemes, at all levels of hierarchy of implementation (from village to national level). 
  • Validity pan-India: The UDID card is valid pan-India, which means that it can be used to access benefits and schemes across the country. There is no need to carry multiple documents from different states. 
  • Easy to apply: Online application process. 
  • Easy to renew: Online renewal of existing certificates/cards on expiration of validity. 
  • Easy to carry: The card is in the form of a credit card so it is easy to carry in one's wallet. 
  • Easy to update: Online updation of information (such as additional disabilities, percentage of disability) by hospitals/Medical Board
  • Online availability of data on PwDs: It is linked to DigiLocker so the information is easy to access and update.  
  • Non-duplication of PwD's data
  • Potential to streamline aid transfer: Various government schemes can potentially directly transfer financial aid. 
  • Useful for road transport: Use it to apply for rail discount card and government bus passes. Linked with IRCTC reservations. 
  • Easy to identify the extent of a person's disability: The card is color-coded to indicate the extent of the disability. 
  • Results in a National Database of PwDs: Can potentially lead to a more accurate count of the number of deafblind people in India, which the previous Census was not capturing
Sources:

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