Legal remedies for the Special needs Citizens of India

This article analyses the rights and laws pertaining to education, employment, property and succession for all special needs citizens of India.

Wed Aug 10 2022 | Employment, Criminal and Labour | Comments (0)

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Almost all families in India face the challenges in caring for and educating their children with disabilities and special needs. However, to be enabled with the provisions of law which the Government has provided for their education and all other legal rights is the only way in which they can become empowered. India has enacted a landmark special education law, Persons with Disabilities Act of 1995, which provides for schooling and other related services to all children and special needs adults as well. In education, for some students with disabilities, however, integrated and special schools are providing schooling. However, India still has a long way to go when it comes to social acceptance of special needs citizens. Bias can often prevent children from getting a place at school or jobs, even later in life. Most parents are also afraid of sending their children to school due to what abuse they might face at the hands of the de-sensitized and discriminatory people. Further, some parents may not even understand their condition or think it is pointless to get the child an education. There are also, schools which do not want to admit them because of potential disruption or misunderstanding in the future. Emotional and behavioural disorders are poorly understood in India as well. Many children suffering from these are simply brushed off as badly behaved or dramatic.


An important alternative to a certain degree is the acquisition of a disability certificate which in turn can greatly help a special needs person. Scholarships, prosthetic aids and access to government schemes largely depend upon these certificates and these are issued by the medical boards of district civil hospitals issue these. However, 51% of the disabled population did not have these till as late as 2015. While certificates must be issued within a month of the application, it often takes much longer in processing it. Furthermore, the centres to issue these are also limited. For example in Mumbai, only JJ Group of Hospitals, Ali Yavar Jung National Institute of Speech and Hearing Disabilities and All India Institute of Physical Medicine and Rehabilitation can issue these. The issue with the rural areas is that there is also a shortage of specialists. Certificates for issues such as cerebral palsy cannot even be issued without a diagnosis from a specialist. However, India has strived to develop certain laws and safeguards for such special needs citizens which have helped eliminate this issue to a large degree. Their rights and needs are covered under almost all the laws and particularly when it comes to succession (property rights) and education, some of which has been enumerated below.

Initiatives for Improvement by the Government Institutions

Even though there is ample room for improvement, India has already begun several programs for the special needs citizens of all ages. The government as well as the private sector have both made efforts to provide for these citizens in numerous ways.

Government Initiatives


The persons with disabilities (PWD) (equal opportunities, protection of rights and full participation) act, 1995

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 had come into enforcement on February 7, 1996. This has been a significant step towards ensuring equal opportunities for the people with disabilities and their full participation in every aspect of life. This Act provides for both preventive and promotional aspects of rehabilitation such as 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.

The national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999

It is the duty of the Central Government and its obligation to set up, in accordance with this Act and for the purpose of the benefit of the disabled and special needs citizens, the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability at New Delhi, India.

  1. This National Trust which is created by the Central Government must ensure that the objects for which it has been established as enshrined in Section 10 of this Act, are fulfilled completely.
  2. It is the duty and an obligation on behalf of the Board of Trustees of the National Trust to make arrangements for adequate standards of living for any beneficiary named in any request received by it and to provide any financial assistance to the registered organizations for carrying out any approved programme for the benefit of disabled individuals.
  3. All disabled persons have the right to be placed under the guardianship as appointed by the Local Level Committees in accordance with the provisions of the Act.
  4. The guardians so appointed shall have the obligation to be responsible for the disabled person and their property and are also required to be accountable for the same.
  5. Every disabled person has the right to have his guardian removed under certain conditions. These include any abuse or neglect of the disabled, or neglect or misappropriation of the property under the care of any guardian.
  6. Moreover, whenever the Board of Trustees are unable to perform or have persistently made defaults in their performance of duties, a registered organization for the disabled community can complain to the central government to have the Board of Trustees superseded or reconstituted.
  7. Such a National Trust shall be bound by the provisions of this Act regarding its accountability, monitoring finance, accounts and audit as well

  1. Sarva Shiksha Abhiyan (SSA)

The SSA is a government program with the goal of making primary education universal to all children regardless of any disabilities whatsoever. Its goal is to make education of children from the ages 14 a fundamental right. Since it aims to be inclusive, the SSA has also adopted a zero rejection policy. This is due to the belief that all children are entitled to a quality education no matter what and further the SSA provides up to INR 3,000 per special needs child, per year, for the use of special resources and teacher training as well.

  1. Right to Education (RTE)

The RTE Act had been enacted by the Parliament in August 2009 and came into force on 1st April 2010. It grants children the right to a free and compulsory education, no matter the circumstance or situational disabilities of any such child. An Amendment in 2012 makes an explicit provision for such disabled children specifically. It gave them access to reserved seats as well and further transport was also to be provided for in case of lack of access..

  1. Department of Empowerment of Persons with Disabilities (Divyangjan)

This is an initiative of MSJE, which was originally called the Department of Disability Affairs. It is a Government body which is in charge of Social Security and Social Insurance of the disabled persons. It is also in charge of several special schemes and aids in the training of rehabilitation professionals for the same cause. International agreements and conventions regarding disabled persons fall under them as well and they are in charge of several institutes and organizations serving disabled persons, and the Rehabilitation Council of India.

  1. Accessible India Campaign

The AIC campaign was started to provide accessibility to Persons with Disability (PwDs). While the Disability Act of 1995 provides for non-discrimination in transport and environment, the overall social awareness is still an issue. The campaign has a multi-pronged approach and along with mass awareness and leadership endorsements, it aims for interventions as well. These would be carried out through a legal framework and technological improvement.

  1. Divyangjan Schemes

The Indian Government has initiated a number of schemes for special needs persons. From railway concessions, special insurance schemes, a number of other benefits have been granted to them through these schemes.

Family Laws for the disabled

There exist several laws relating to the marriage and family enacted by the Government for the differently abled communities and which apply equally to the disabled and handicapped. In most of these Acts it has been provided that the following circumstances will disable a person from undertaking a marriage:

The various statutes which protect the family laws and rights of the disabled are

Succession Laws for the Disabled

Labour Laws for the Disabled

Judicial procedures for the disabled

 

Income Tax Concessions

There are certain income tax concessions provided to such disabled or specially abled individuals which are governed under the following sections of the Act:

Current Situation in India

As of today, India's policies regarding special needs children is still highly unclear. The Ministry of Social Justice and Empowerment ( MSJE) runs separate schools for special needs children, however, the Ministry of Human Resource Development (MHRD) promotes these children being included in regular classrooms. This leaves us with the parents who are still unable to decide over the best possibility for their children under these circumstances. Furthermore, colleges for higher studies can still refuse admission to special needs children due to the bias regarding their ability to complete certain courses. In 2010, a visually challenged young woman had to approach Bombay High Court in order to be allowed to study physiotherapy. The country lacks a central body to frame guidelines, leaving colleges and schools to decide for themselves which does not at all work in the favour of the children or parents. This, combined with numerous other issues, means that many special needs children do not get the education they need and even though 89% are enrolled in primary school, that number drops to 8.5% in secondary school with only 2.3% of special needs children reaching higher secondary (11th and 12th). However, the Act and institutions mentioned above have made numerous efforts and have embarked upon newer territories for securing the rights of such children and individuals. One must credit the Government in striving to try and provide for better facilities for such individuals.

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