Overview Country 1/ Background Statistics Human development index rank GNI per capita (PPP in US$) Life expectancy

at birth (years) Mean years of schooling (years) Expected years of schooling (years) Total population 119 1 3,337 1 64.4 1 4.4 1 10.3 1 1,224,614,000 2 2/ Disability Statistics Population of persons with disabilities Proportion of persons with disabilities to total population Employment rate of persons with disabilities Access to education (a) 21,900,000 (2002) 3 (b) 18,490,000 (2002) 4 (a) 2.13 per cent (2002) 3, a 1.8 per cent (2002) 4, b (a) 34 per cent (2002) 3 26 per cent (2002) 4 (b) (b) India

47.5 per cent in the rural area and 44.4 per cent in the urban area 4, c 3/ Definitions The Persons with Disabilities Act (1995) provides the following definition of disability: i. blindness; ii. low vision; iii. leprosy-cured; iv. hearing impairment; v. locomotor disability; vi. mental retardation; vii. mental illness. (India 2005, art. 2, para. i) The Persons with Disabilities Act (1995) defines person with disability as a person suffering from not less than forty per cent of any disability as certified by a medical authority. ..

Definition of disability

Definition of persons with disabilities Categories of impairment

4/ Commitment to International Instruments on Disability Ratification or signatory of the Convention on the Rights of Persons with Disabilities (CRPD), and its Optional Protocol Ratification of ILO Convention 159 Ratification or signatory of the Convention Signed Convention on 30 March 2007; Ratified Convention 1 October 2007 5 No 6 No 7

Overview Country on Cluster Munitions Ratification or signatory of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction No 8 India

5/ Legal Framework Constitutional provisions Disability-specific laws Comprehensive Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act (1995); Mental Health Act (1987) Rehabilitation Council of India Act (1992); National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act (1999); access to built environments; disability certification Cover: juvenile justice; income tax 6/ Policy Framework Disability-specific policies Comprehensive Sectoral Disability-inclusive National Policy for Persons with Disabilities (2006) .. Towards Faster and More Inclusive Growth, An Approach to the 11th Five Year Plan 2007-2012 7/ Institutional Framework The national coordination mechanism or disability focal point Central Coordination Committee and Central Executive Committee, under the Ministry of Social Justice and Empowerment Constitution of India (1996, part. IV, art. 41)

Sectoral

Disability-inclusive laws

Sources: 1. United Nations Development Programme (2010). Human Development Report 2010 (New York, UNDP). 2. United Nations (2011). World Population Prospects: The 2010 Revision, accessed from http://esa.un.org/unpd/wpp/index.htm on 25 July 2011. 3. India (2006). National Policy for Persons with Disabilities (Ministry of Social Justice and Empowerment), 10 February, accessed from www.wcdorissa.gov.in/download/National%20Policy%20For%20Persons%20with %20Disabilities.pdf on 25 July 2011. 4. India (2002). Disabled Persons in India, July-December 2002, Report No. 485, NSS 58th Round (July 2002 - December 2002) (Ministry of Statistics and Programme Implementation), accessed from http://mospi.nic.in/nsso_4aug2008/web/nsso/SDRD/findings_58R.htm on 25 July 2011.

5. United Nations (2011). Convention and Optional Protocol Signatures and Ratifications, on the United Nations Enable website, accessed from www.un.org/disabilities/countries.asp?navid=12&pid=166 on 17 October 2011. 6. International Labour Organization (2011). Convention No. C 159, accessed from www.ilo.org/ilolex/cgi-lex/ratifce.pl?C159 on 17 October 2011. 7. Convention on Cluster Munitions (CCM) (2008). Ratifications and Signatures, accessed from www.clusterconvention.org/ratifications-and-signatures on 17 October 2011. 8. Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (1997). State Parties and Signatories, accessed from www.unog.ch/80256EE600585943/ (httpPages)/6E65F97C9D695724C12571C0003D09EF?OpenDocument on 17 October 2011. Notes: a. Based on the Census 2001 estimate. b. Based on the Ministry of Statistics 2002 Disability Survey estimate. c. The National Policy for Persons with Disabilities also refers to the 2001 Census, which reported that 49 per cent of the population of persons with disabilities is literate (India 2006).

Comprehensive 1. Definitions
a) Disability The Persons with Disabilities Act (1995) provides the following definition of disability: i. ii. iii. iv. v. vi. vii. blindness; low vision; leprosy-cured; hearing impairment; locomotor disability; mental retardation; mental illness. (India 2005, art. 2, para. i) b) Persons with disabilities The Persons with Disabilities Act (1995) defines person with disability as [A] person suffering from not less than forty per cent of any disability as certified by a medical authority. (India 1995, art. 2, para. t). c) Categories of impairment ..

2. Legal framework
a) Constitutional provisions

Constitution of India, 1996 [English] [Hindi]

Part IV on the Directive Principles of State Policy, Article 41 states Right to work, to education and to public assistance in certain cases The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. (India 1996, part IV, art. 41) b) Disability-specific laws and regulations i. Comprehensive disability-specific laws and regulations Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 [English] [Hindi] 1. The Persons with Disabilities Act (India 1995) is the main legal instrument concerning persons with disabilities in India. The Act provides for the establishment, composition and functions of a Central Coordination Committee (chap. II) mainly to review and develop policies as well as coordinate disability-related activities by Government and non-government organizations. A Central Executive Committee that will carry out decisions made by the Coordination Committee is provided as well. The Act provides for the establishment of State Coordination Committees (chap. III) and State Executive Committees with respective compositions and functions in the State-level. The Act has provisions for the following services: 1. Early detection and prevention (chap. IV) Subject to economic capacity and development, appropriate Government agencies and local authorities, the law mandates measures to research on the causes of disabilities; awareness raising on the prevention of disabilities; periodic screening of children "at risk"; and training of health staff at primary health centres, among others. 2. Education (chap. V) The Act mandates appropriate governments and local authorities to ensure that children with disabilities have access to free education in appropriate environments; promote integration of children with disabilities in regular schools; promote setting up of special education in the Government and private sector; and provision of vocational training facilities, among others. The Act also mandates the development of schemes to provide education to children with disabilities in various circumstances; research by Government and non-governmental agencies on the development of assistive devices and special learning materials that promote equal opportunities in education; and set up training programmes to ensure the availability of manpower for special schools and integrated schools for children with disabilities, among others. Moreover, the Act mandates appropriate governments to develop a comprehensive education scheme that would facilitate children with disabilities' attending school. These schemes include provision of transport facilities; removal of architectural barriers from educational institutions; provision of educational materials; grant of scholarships; and restructuring the curriculum and appropriate

modifications according to the specific needs of children with disabilities, among others. 3. Employment provisions (chap. VI) include a 3 per cent quota scheme for persons with disabilities in vacancies in Government establishments. The Act provides for incentives to employers in the public and private sector that aims to ensure that 5 per cent of their manpower is composed of persons with disabilities, subject to the economic capacity of governments and local authorities. The Act directs governments and local authorities to formulate schemes for employment promotion which may include training of persons with disabilities; relaxation of age limits in employment; and creation of accessible workplaces, among others. 4. Affirmative Action (chap. VII) provisions state that the Government shall frame schemes for provision of aids and appliances to persons with disabilities; and preferential allotment of land for housing, business, recreation centres, special schools, research centres, and factories run by persons with disabilities who are entrepreneurs. 5. Provisions in relation to non-discrimination (chap. VIII) in access, subject to availability of resources, include the adaptation of all forms of transport to make them accessible; provision of appropriate assistive devices in the built environment such as: auditory signals, ramps in public buildings and health facilities, Braille signage, accessible curbing, marked zebra and railway crossings, warning signals and others. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 [English] [Hindi] The Rules (India 1996) cover evaluation and assessment of various disabilities, and identify authorities, which are to give the Disability Certificate. The Rules also provide the procedure for holding Central Coordination Committee and Central Executive Committee meetings, procedure of notification of vacancies to Special Employment Exchanges, procedure to be followed by Chief Commissioner for Persons with Disabilities in handling the complaints of persons with disabilities, salary and allowances of Chief Commissioner for Persons with Disabilities and the manner in which annual report is to be submitted by him.

Mental Health Act, 1987 [English] [Hindi]

The Mental Health Act (India 1987) protects the rights of mentally-ill persons by regulating their admission to psychiatric hospitals or psychiatric nursing homes; regulating the responsibility for their maintenance charges in said facilities; provision of guardianship or custody; and provision of legal aid by the State in certain cases. Other provisions include protection of citizens being detained without sufficient cause; and protection of society from mentally-ill persons who might pose danger or nuisance. Institutional provisions include the establishment of the Central Authority and State Authorities for Mental Health Services; and regulating the powers of the Government for establishing, licensing and controlling psychiatric hospitals and psychiatric nursing homes for mentally ill persons. ii. Sectoral disability-specific laws and regulations

Rehabilitation Council of India Act, 1992 (Amended in 2000) [English] [Hindi]

The Act is designed to provide for the constitution of the Rehabilitation Council of India for regulating the training of rehabilitation professionals and the maintenance of a Central Rehabilitation Register.

Rehabilitation Council of India Regulations, 1997 [English] [Hindi] Rehabilitation Council of India (Conditions of Service of the MemberSecretary, the officers and other employees) Regulations, 1998 [English] [Hindi] Rehabilitation Council of India (Standards of Professional Conduct, Etiquette and Code of Ethics for Rehabilitation Professionals) Regulations, 1998. [English] [Hindi]

The Rehabilitation Council of India Act (India 1992) raised the status of the Rehabilitation Council of India into a statutory body. The Rehabilitation Council of India Act aims to: 1. 2. 3. 4. 5. To standardize training courses for professionals dealing with people with disabilities; To prescribe minimum standards of education and training of various categories of professionals dealing with people with disabilities; To regulate these standards in all training institutions uniformly throughout the country; To promote research in rehabilitation and special education; and To maintain Central Rehabilitation Register for registration of professionals.

National Trust for the Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, No.44 of 1999 [English] [Hindi] National Trust Regulations, 2001 [English] [Hindi] National Trust Rules, 2000 [English] [Hindi]

The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act aims to enable and empower persons with the disabilities to have full and independent lives within or as close to the community where they belong. (India 1999, chap. 1) The Act provides for the constitution of the Board of the National Trust, Local level Committees, accountability and monitoring of the Trust. Other provisions include legal guardianship; care and protection for persons with disabilities in the event of death of their parents or guardian; and support to registered organizations providing services during the period of crisis in the family of persons with disabilities.

Guidelines and Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons, 1998 [English] [Hindi]

The Guidelines (India 1998) are designed to provide an environment that supports the independent functioning of individuals so that they can participate without assistance, in every day activities.

Guidelines for issue of Disability Certificates [English] [Hindi]

While the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 provide the broad guidelines for issue of the disability certificates, the Guidelines for issue of Disability Certificate (India no date a) provide for specific rules and procedures for issuance of the Disability Certificate. The Rules lay down that a Medical Board, duly constituted by the Central and the State Government shall issue a Disability Certificate. The certificate issued by the Medical Board makes a person eligible to apply for facilities, concessions and benefits admissible under schemes of the governments or non-governmental organizations, subject to such conditions as the central or the state governments may impose.

Guidelines for evaluation of various disabilities and procedure for certification [English] [Hindi]

The Government has notified the guidelines for evaluation of locomotor, visual, hearing, mental retardation and multiple disabilities and the procedure for certification, formulated by the Expert Committees set up by the Government (India no date b). c) Disability-inclusive laws and regulations

Juvenile Justice Care and Protection of Children Act, 2000 [English] [Hindi]

The Juvenile Justice Care and Protection of Children Act (India 2000) mandates the Government to provide services to children with mental or physical disabilities.

Income Tax Act, 1961 [English] [Hindi]

The Income Tax Act (India 1961) provides for deductions, subject to rules defined in the Act, on taxable incomes of persons with disabilities. Income deductions also apply to persons who have dependents with disabilities in relation to maintenance and medical treatment.

3. Policies and plans

a) Disability-specific policies and plans i. Comprehensive disability-specific policies and plans

National Policy for Persons with Disabilities, 2006 [English] [Hindi]

The National Policy for Persons with Disabilities (India 2006) recognizes that persons with disabilities are valuable human resource for the country and seeks to create an environment that provides them equal opportunities, protection of their rights and full participation in society (section 8). The National Policy sets the Governments direction in providing for measures pertaining to prevention of disabilities; rehabilitation; education; employment; women with disabilities; children with disabilities; barrier-free environment; disability certificates; social security; promotion of non-governmental organizations; collection of information on persons with disabilities; research; sports, recreation and cultural life. ii. Sectoral disability-specific policies and plans .. b) Disability-inclusive policies and plans

Towards Faster and More Inclusive Growth, An Approach to the 11th Five Year Plan 2007 - 2012 [English] [Hindi]

The Approach to the 11th Five Year Plan 2007-2012 (India 2007) by the Planning Commission of the Government of India identifies specific strategies in dealing with disability and mental health issues, emphasizing mental health care; prevention of discrimination against persons with disabilities, especially children with disabilities.

4. Institutional framework and Government focal point

Ministry of Social Justice and Empowerment

The Ministry of Social Justice and Empowerment is the main Government arm that promotes services for the people with disabilities through various Ministries. The Ministry can be contacted at the following: Shri R. S. Meena Director (Admn.), Ministry of Social Justice and Empowerment, Room. No. 639, 'A' , Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi - 110001, India Tel: +91-11-23073552 Email: meenars@nic.in Website: http://socialjustice.nic.in Central Coordination Committee

The Central Coordination Committee has been set up under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, where the Cabinet Minister of the Government of India sits as the Chairman. This Committee is tasked to review and coordinate the activities of all Departments of Government and other governmental and non-governmental organizations relating to

persons with disabilities. The Committee advises the Central Government regarding the formulation of disability policies, programmes, legislation and projects. The Committee subsequently monitors and evaluates the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities.

5. Useful links
Disability India Network www.disabilityindia.org National Human Rights Commission www.nhrc.nic.in Samarthya National Centre for Accessible Environments www.samarthyam.org

6. References
India (no date a). Guidelines for issue of Disability Certificates, accessed from http://socialjustice.nic.in/policiesacts3.php#d1 on 25 July 2011. _______(no date b). Guidelines for evaluation of various disabilities and procedure for certification, accessed from http://socialjustice.nic.in/policiesacts3.php#d2 on 25 July 2011. _______ (1949). Constitution of India, as modified 1 December 2007, accessed from http://lawmin.nic.in/coi/coiason29july08.pdf on 25 July 2011. _______ (1961). Income Tax Act, accessed from www.usig.org/countryinfo/laws/India/India%20Income%20Tax%20Act %201961%2010_23c_.pdf on 25 July 2011. _______ (1987). Mental Health Act, accessed from http://nhrc.nic.in/Publications/Disability/annexure3.html on 25 July 2011. _______ (1992). Rehabilitation Council of India Act, accessed from www.rehabcouncil.nic.in/engweb/rciact.pdf on 25 July 2011. _______ (1995). Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, accessed from http://socialjustice.nic.in/pwdact1995.php on 25 July 2011. _______ (1996). Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, accessed from www.disabilityindia.org/pwdacts.cfm on 25 July 2011. _______ (1997). Rehabilitation Council of India Regulations, accessed from http://rehabcouncil.nic.in/council/rule_reg97.htm on 25 July 2011. ______ (1998). Guidelines and Space Standards for Barrier Free Built Environment for Disabled and Elderly Persons (Ministry of Urban Affairs and Employment), accessed from www.disabilityindia.org/guidelines/main.htm on 25 July 2011.

_______ (1999). National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, accessed from www.disabilityindia.org/trustact.cfm on 25 July 2011. _______(2000). Juvenile Justice Care and Protection of Children Act, accessed from http://wcd.nic.in/childprot/jjact2000.pdf on 25 July 2011. _______ (2002). Disabled Persons in India, July-December 2002, Report No. 485, NSS 58th Round (July 2002 - December 2002) (Ministry of Statistics and Programme Implementation), accessed from http://mospi.nic.in/nsso_4aug2008/web/nsso/SDRD/findings_58R.htm on 25 July 2011. _______ (2006). National Policy for Persons with Disabilities, (Ministry of Social Justice and Empowerment), accessed from www.disabilityindia.org/nationalpolicyfordisable.cfm on 25 July 2011. _______ (2007). Towards Faster and More Inclusive Growth, An Approach to the 11th Five Year Plan (2007-2012) (Draft), accessed from www.esocialsciences.com/data/articles/Document11972006290.9714624.pdf on 25 July 2011. Last updated: 17 October 2011.