Social and Legal Status of the Physically Disabled Persons (Divyang) in India: Critical Analysis

Legal Status of the Physically Disabled Person

Over the centuries, the disabled are marginalized and stigmatized in most societies and constitute a bit of the population that’s less served and neglected. A disability may be a condition within which a private is restricted from performing daily activities or limitations as a result of impairment. A mortal is one who includes a disadvantage resulting from a disability or impairment that poses a barrier to fulfilling a task or achieving a goal.

The rights and laws of persons with disabilities must be understood and studied from a range of perspectives, including human rights and various other laws in India, which ultimately fill the differences or mitigate the gap between persons with disabilities and persons with different abilities to realize personality and dignity within the proper sense of the word.

On February 7, 1996, the Persons with Disabilities (Equal Opportunities, Rights Protection, and Full Participation) Act, 1995 ” was enforced. it’s a crucial step that ensures equal opportunities for disabled people and their full participation in nation-building. The Act sets out both preventive and promotional aspects of rehabilitation, like education, employment, and education, reservation, research and development of the workforce, creation of a barrier-free environment, rehabilitation of individuals with disabilities, unemployment benefits for people with disabilities, special insurance schemes for people with disabilities and housing for people with severe disabilities, etc.

Main Provisions of the Act

  1. Prevention and Early Detection of Disabilities
  2. Education
  3. Employment
  4. Research and Manpower Development
  5. Non-Discrimination
  6. social insurance
  7. social action
  8. Grievance Redressal

In its International Classification of Impairment, Handicaps, and Disabilities, the planet Health Organization draws a distinction between disability, handicap, and impairment. It defines these three concepts as follows:

(a) Impairment is “any loss or abnormality of psychological, physiological or structure or function”. Impairments are organ-level disturbances that include defects in or loss of a limb, organ, or other body structure, still as defects in or loss of mental function.

(b) Disability may be a “Restriction or lack (resulting from an impairment) of the flexibility to hold out an activity within the manner or within the range considered normal for a personality’s being”. It describes a restriction of function or activity caused by impairment.

(c) A handicap could be a “Disadvantage for a given individual resulting from an impairment or disability that limits or prevents the fulfillment of a primary role (depending on age, sex, and social and cultural factors) for that individual.”. The term is additionally a classification of “circumstances within which people with disabilities are likely to seek out themselves.” It seems, however, that the definition of Section 2(i) of the Act doesn’t recognize the international classification given by the globe Health Organization. It also appears that the Act has attempted to hide all kinds of disability under Section 2(i), but of course, the term disability is included within the Act in a very narrow sense.

CONCLUSION

Indeed, the Indian cross-disability rights movement that began in the early 1990s was inspired by its US counterpart. This movement led to the 1995 Act on Persons with Disabilities (Equal Opportunity, Protection of Rights, and Full Participation), which guaranteed that disabled people in India had the identical right to education, employment, and accessibility as the other cities of the country. We now have people with disabilities in schools, colleges, and civil services due to this Act. We should be very aloof from having our own ideas, but elections in India have now begun taking into consideration the needs of individuals with disabilities–a movement that began in 2004. Why will we feel so uncomfortable with the concept of disability? India has not been able to accept people with disabilities as a part of human diversity for all of our unity in claims to diversity.

The solution to why this may persist is that folks with disabilities have remained at the general public discourse periphery. We mistakenly believe that disability may be a homogeneous experience that affects only some people. That’s off from reality. Disability is an experience that cuts across generations and affects a minimum of 10-15% of the population. As our population grows older, this number will only go up

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