Medical law

INFORMATION
Name: The Persons with Disabilities Act, 1995.
Country: India
Subject(s):
An Act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council
Adopted on: 1995

GOALS
Prevention and early detection of disabilities
Surveys, investigations and research shall be conducted to ascertain the cause of occurrence of disabilities
Various measures shall be taken to prevent disabilities. Staff at the Primary Health Centre shall be trained to assist in this work
All the Children shall be screened once in a year for identifying ‘at-risk’ cases
Awareness campaigns shall be launched and sponsored to disseminate information
Measures shall be taken for pre-natal, peri natal, and post-natal care of the mother and child

PRINCIPLES
The core concepts in the DDA 1995 are, instead:
less favourable treatment for a reason related to a disabled person's disability; and
failure to make a "reasonable adjustment".
whether the proposed adjustment would meet the needs of the disabled person;
whether the adjustment is affordable;
whether the adjustment would have a serious effect on other people.

STRUCTURE AND MAIN ARTICLES
Preliminary
The central coordination committee
The state coordination committee
Prevention and early detection of disabilities
Education
Employment
Affirmative action
Non-discrimination

OTHER ARTICLES
Research and manpower development
Recognition of institutions for persons with disabilities
Institution for persons with severe disabilities
The chief commissioner and commissioners for persons with disabilities
Social security
Miscellaneous

PRACTICAL REALIZATION
“The Right of Persons with Disabilities bill- 2016” was passed by both houses Rajya Sabha and Lok Sabha.
The Disability Bill-2016 replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

KEY FEATURES OF THE DISABILITY LAW
The RPWD Act 2016 contains 17 chapters with 102 sections. All these chapters are important to Psychiatrists while chapters 1,5,10 and 11 hold special importance as the provisions in these chapters are closely associated with the ethics of physical and mental health professionals. The definitions of specified disabilities given at the end of the Gazette Notification as a ‘Schedule’ are an extension of definitions given in chapter 1, section 2(zc). Mental health disabilities like intellectual disabilities, specific learning disabilities and autism spectrum disorders are clubbed together creating confusion for the certifying doctors and implementing Government departments. By this definition it looks like that these three items are one and the same. It has to be rectified immediately before framing rules for implementation of the Act.

SIGNIFICANCE - THE HITS
With the increase of industries in India, the role of the corporate sector in generating job opportunities had increased tremendously. For many years now, there has been a pressing need to create awareness amidst the corporate sector to take active responsibility in recognizing the abilities of disabled persons and give them equal opportunities in the job market. By enacting the Disability Law, the Indian Government has succeeded in promoting equal employment opportunity for the disabled in the private sector as well, by casting mandatory obligations on private employers.

THE HITS
According to the United Nations, around one billion people live with disabilities globally. Among them, 40 to 80 million live in India23. Prejudice, coupled with lack of facilities and opportunities, has often curbed them from leading a normal life. Given the mandatory requirement to build equal opportunities for the disabled, the above statistics are likely to reduce in the years to come.

SIGNIFICANCE - THE MISSES
While the initiative taken by the government in recognizing the needs of the disabled is commendable, there is inadequate clarity on various aspects under the Disability Law, which the government may need to clarify in due course. For instance, the Disability Law requires employers (including in the private sector) to include in their Equal Opportunity Policy, details such as special leaves, accommodation facility etc. that shall be provided to the disabled persons working at the establishment. However, Disability Law does not clarify (a) the quantum of special leaves that need to be provided nor does it mention the purpose(s) for which such leaves may be availed; (b) the standards for accommodation facility etc.