Provisions and Human Rights
Though the fundamental rights stress on the
existing rights, the Directive Principles provide the energetic movement
towards the goal of providing Human Rights for all. Right to employment under
Indian Constitution can be considered in the light of relevant provisions of
part III and IV of the Constitution and in particular the following:
Article 14: Equality before the law and equal protection of laws within India.
Article7: Declaration of Human Rights
Article 16: Equal opportunity in the matters of public employment (Article 16).
Article 43: Living wage, benefits etc. for workers (Article 43).
Article 41: Directs the State to ensure the people within the limit of it
economic capacity and development, right to work, to education and to public
assistance in certain cases.
Mental Health Act, 1987
act was enacted to regulate admissions to hospitals for mentally-ill
individuals who do not have sufficient knowledge to seek medical treatment on a
voluntary basis and also to protect the rights of such individuals if they are
Rehabilitation Council of India Act, 1992
act was passed to normalize the man power development programmes in the field
of education of persons with special needs. The objective is to regulate the
training policies and programmes in the field of rehabilitation of people with
disabilities, to recognize educational institutes which offer courses in
diploma, educational institutes offering degree, certificate courses in the
field of rehabilitation of the disabled, to recognize and equalize foreign
degree, diploma, certificate courses, and to standardize training courses for
The National Policy on Education 1986
aim of this act was to provide education, to all the citizens, including people
with disability. The objective of this
policy is to integrate the physically and mentally handicapped with general
community as equal partners and to prepare them for growth and to assist them
to face life with confidence.
Workmen’s Compensation Act, 1923
per section 3 of the act, if personal injury is caused to a workman by accident
arising out of or in the course of his employment, his employer shall be liable
to pay compensation.
State Insurance Act, 1948, Section 46(c)
to this act, periodical payment shall be made to an insured person suffering
from demobilization as a result of an employment injury sustained as an
employee and certified to be eligible for such payments by an authority
specified in this behalf by the regulations.
Payment of Gratuity Act, 1972
per Section 4 of this Act, gratuity shall be payable to an employee on the
termination of his employment on his death or demobilization due to accident or
disease if he has rendered continuous service of five years.
Disabled Persons in India
Some of the basic rights
that the Person & with Disabilities are entitled to:
Certificate: One of the most important documents that a
disabled person should possess in order to avail certain benefits and
concessions is the disability certificate. The State Medical Boards which are established
under the guidance of the government of that particular state can issue a disability
certificate to an individual who has more than 40% disability. The
concerned individual can visit the nearest state hospital in his locality
for the certificate. The certificate is issued after the physical medical examination
the physical examination is carried out in order to determine the percentage of
disability. The validity of the certificate is five years and can
be renewed if the disability is temporary. The certificate is valid for
lifetime if the disability is permanent.
Travel Concession: Individuals with disability get some travel
concessions if they are travelling in public transport. Public transport
includes train and bus. The concession is available for train tickets which are
bought at the railway counter or online. Individuals with disability can
get a concession if they are travelling the bus which is managed by the state
government by showing the disability certificate to the bus conductor.
Pension: Individuals who are major (major are one’s who have
completed 18 years of age), and living below the poverty line, and who are
suffering from more than 80% physical disability are entitled to receive
disability pension under the pension scheme. The pension scheme is named after
the late Prime Minister (Indira Gandhi) of India. The name of the scheme is – Indira
Gandhi National Disability Pension Scheme. The government has identified
several non-government organizations to ensure that the pension reaches the
disabled individual on time.
4. Guardianship Certificate: Persons who are suffering from
cerebral palsy etc are in a special situation and would not be able to
take important legal decisions even after they become major. In order to help
them the government has introduced Legal Guardianship Certificate. The benefit
of this certificate is it identifies a legal guardian on behalf of the disabled
person and he is given all the authority to take decisions on behalf of the
person with disability even after he becomes a major.
5. Income Tax Concession: Section 80DD and section 80U of the Income
Tax Act, of 1961, a disabled person enjoys some tax concession on the income he
6. Employment: There is 4 percent reservation for people with
disability in government jobs.
Deterrents in the
Employment Process of Disabled People
Some of the deterrents
that limit employment opportunities for people with physical disabilities:
and workers require continuous support and they also have to be directed as to
how to treat people with physical disability. The organization has to make some
adjustments in the existing policies.
with physical disability are hesitant to self-identify. The organization which
employs them finds it difficult to identify on their own. If the organization
does not have the information of disabled people working in their organization then
they will not be in a position to provide information to the labour department
which is mandatory.
Discomfort: There is a perception that
people with disabilities are not qualified compared to people without
disability, due to which the employer finds it difficult and uncomfortable to
employ them in their organizations.
Access to information: Employers
are besieged by the amount of information available, but concomitantly need
need greater visible acknowledgment for their efforts to employ more
individuals with physical disabilities.
Strategies to ease the impediments:
Change: The management should change
their opinions; manager’s focus should be on
building a rational, economic business where there is no place for bias since
biases influence perceptions. For example, Lemon tree hotel have addressed this
impediment through programs and awareness-raising activities that work towards
changing the opinion of the management.
Education: The management should educate
its employees. They have to create awareness
among employees of the set of practices and benefits for increasing disability
Incentives: Motivate with incentives, organizations
must be acknowledged and rewarded for their progress. Individual employees at
all levels should also be motivated since they will also respond positively due