INJUSTICE TO ANYONE IS A THREAT TO JUSTICE EVERYONE

ABSTRACT

The disabled persons too are equal citizens of the country as guaranteed under article 14(right to equality) of the Indian Constitution and have as much share in its resources as any other citizen. Disability is...

By: deepali singh & shreya shikha | Update: 2016-09-26 16:48:52

INJUSTICE TO ANYONE IS A THREAT TO JUSTICE EVERYONE

ABSTRACT

The disabled persons too are equal citizens of the country as guaranteed under article 14(right to equality) of the Indian Constitution and have as much share in its resources as any other citizen. Disability is the inability to see ability & disabled are not disabled, they are just differently abled. ‘Moving further, the question arises, first of all is that who is disabled. For that different definitions of disability with context to India and all over the world will be given in the essay. Disability may be defined as ‘Specific reductions in bodily functions that are described at the level of the person’. Disability is even harder to define because it encompasses numerous conditions of mind and body and the boundary between ability and disability seems to be clear. There is no international universal legal accepted definition of liability. After having examined the legal expression of disability in the essay as well its approaches, it is clear that human rights model of disability is the most wanted for its reflects the spirit of human rights vital for human subsistence. At present a novel model of thinking is breaking grounds where disability is perceived as an essential part of society. There is also acknowledgment to the fact that persons with disabilities come across numerous difficulties due to insensitivity and attitudinal barriers. There are four types of legal expression of human rights of persons with disabilities. After dealing with the types of disability, the cause, the problems, of the society. Then the essay will deal with the responsibility of the society, how society is dealing with the serious problem of disability.

How a Society Treats Its Disabled Is The True Measure Of A Civilization.

Then the most difficult aspects of the PWD Act will be dealt as it is the way the definition of disability operates in a relation to the people with mental retardation and mental illness. Then the various laws on disability will be illustrated in detail with various precedents as the land mark judgment of different courts. Being disabled should not mean being disqualified from having access to every aspect of life. There are various inspirations like STEPHEN HAWKING, HELLEN KELER and many more countless persons. Their ideas and motivational thoughts will be discussed in detail.

The disabled too are equal citizens of the country as guaranteed under article 14 of the Indian Constitution and have as much share in its resources as any other citizen .The denial of their rights would not only be unjust and unfair to them and family but would create larger and graver problems for the society at large, What the law permits to them is no charity, or largesse but their right as equal citizens of the country.[1] According to the census 2001, there are 2.19 crore persons with disabilities in India who constitute 2.13 per cent of the total population. Seventy five per cent of persons with disabilities live in rural areas, 49 percent of disabled population is literate and only 34 percent are employed. National Trust for welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999 has provisions for legal guardianship of the four categories and creation of enabling environment for as much independent living as possible. Rehabilitation Council of India Act, 1992 deals with the development of manpower for providing rehabilitation services.[2]This is the current scenario of the disabled all around the world which is so serious that it is need of the hour to take the seriousness of the problem in consideration.

Moving further, the question arises, first of all is that who is disabled. The legal definition of disability has been an issue of much debate. Despite the efforts of the World Health Organization, which resulted in the International Classification of Functioning, Disability, and Health (ICF), there is no international universal legal definition of liability.[3] Disability –related definitions vary greatly from country to country. A recent study on definitions of Disability in various European Union countries has shown that these definitions vary not only from country to country but also within each country.[4] While there are similarities between the definitions of disabilities in some areas of social policy legal disability definitions in countries differ with respect to income maintenance, employment measures or social assistance with daily life activities.

            Although legal definitions of other categories, such as sex, ethnic backgrounds, or sexual orientation also raise question of demarcation. Disability is even harder to define because it encompasses numerous conditions of mind and body and the boundary between ability and disability seems to be clear. Well-known examples are visual and hearing conditions. When does a visual limitation constitute a disability? When do we call a person who is hard of hearing a disabled person? In addition, definitions of disability keep changing according to developments in medical science. New disabilities emerge with certain new medical developments and discoveries –genetic dispositions to certain diseases are recent example.[5]

The legal definition of disability varies also in relation to different legal purposes. A social welfare law providing benefits to the disabled may have a different target group of disabled persons than an anti-discrimination law. Equal treatment, on the other hand, is a right and not a benefit and should not be offered only to that in need but to all persons potentially affected by discrimination.[6]

From a theoretical perspective, disability-related definitions are challenged by the debate on what causes disability: medical conditions, environmental factors social structures and/or individual or collective behaviors and attitudes?

This debate about the medical versus the social model of disability has had a large impact on disability studies because it led to a paradigm shift from the charity- based to a right- based understanding of disability. A law might be able to cover wider ground without a definition of disability; General perception regarding India is that India is not ready and mature for such a standard of having no definition for disability. A way forward would be to aim for broader interpretation of disability so as to move away from the medical model that is currently prescribed in the PWD Act , to a definition based on the social model and to incorporate persons who may not have a disability themselves but who are still discriminated on the ‘ground of disability’.

INTERNATIONAL DEFINITION OF DISABILITY

According to Helander, the simplest and possibly one of the earliest definition of a disabled person appears to be the following: A person who in his /her society is regarded as disabled, because of a difference in appearances and/or behavior in combination of a functional limitation or an ability limitation. In most instances, a disabled person has functional limitation and/or activity restrictions. A ‘functional limitation’ disability may be defined as ‘Activity restriction’ disability may be defined s ‘specific reductions in daily activities that are described at the level of the person’.[7]

The WHO Manual of 1976 defines impairment, disability and handicap separately. Impairment is any loss or abnormality of psychological, physiological or anatomical structure or function. Disability is any restriction or lack (resulting from an impairment) of ability to perform an activity in the manner or within the range considered normal for a human being. Handicap is a disadvantage for a given individual, resulting from impairment or a disability, which limits or prevents the fulfillment of a role that is normal (depending on age, sex and social and cultural factors), for that individual.

The WHO International Classification of Impairments, Disabilities and Handicaps, 1996 is fairly practical as it makes a clear division between impairment, disability and handicap, though concerns have made expressed that in its definition of the term handicap, the categorization is still too medical and centered on individual, and does not satisfactorily explain the interaction among societal conditions or expectations and distinctive circumstances of a disabled individual.[8]The ILO defines a disabled person as an individual whose prospects of securing, retaining and advancing in suitable employment are substantially reduced as a result of a duly recognized physical or mental impairment.

Americans with Disabilities Act, 1990 (ADA) classifies an individual as disabled who (1) has a physical or mental impairment that substantially  limits one or more life activities; or (2) has a record of such impairment ; or (3) is regarded as having such an important. Narrowing our definition, let’s have a glance at the definitions prevailing in India. 

DEFINITIONS PREVAILING IN INDIA

In the Indian pretext, Disability shall have the meaning assigned to it in clause (i) of section 2 of the persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and includes “autism”, “Cerebral palsy”, and “multiple disabilities” referred to in clause (a), (c) and (h) of Section 2 of the National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

“DISABILITY” means-

(i)                 Blindness.

(ii)                Low vision.

(iii)               Leprosy-cured.

(iv)               Hearing impairment.

(v)                Inco motor disability.

(vi)               Mental retardation.

(vii)              Mental illness. [Person with Disabilities (Equal Opportunities etc.) Act, 1995 (1 of 1996),S.2(I)]

The definition includes ‘any person who is unable to ensure himself/herself, wholly or partly, the necessities of an individual or social life including work as a result of deficiency in his/ her physical or mental capabilities’. PWD Act extends to the whole of India except the State of Jammu and Kashmir. It shall come into force on such date as the Central Government may by notification, appoint. In 1986, the ministry of welfare, Government of India issued orders prescribing a standard set of definitions along with standard for the purposes of certification of disability. These definitions (whose suitability in the light of new legal safeguards must be carefully examined adopted) were adopted and used.

Coming to the deep analysis of definitions given by government, on what more are included in disability, in that the very first is: 

1. Visually handicapped. - The blind are those who suffer from either of the following conditions:

(a)    Total absence of sight;

(b)   Visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses.

(c)    Limiting of the field of vision surrounding an angle of degree 20 or worse.

2. Locomotors Handicapped - Those who have restriction in the activity of arms, limbs or other parts of the body on account of damage to the bones, muscles or nerves. Person suffering from more than 40 percent disability would be entitled to facilities/concessions provided by Central/State Governments.

3. Hearing Handicapped. –The deaf are those in whom the sense of hearing is non- functional for ordinary purposes in life. They do not hear /understand sound at all even with amplified speech. The cases included in this category will be those having loss of more 70 decibels in the better ear (profound impairment) or total loss of hearing in both ears.

4. Mental Retardation - mental retardation means sub average general intellectual functioning associated with mal-adaptive behavior, occurring in the developmental period. Mental retardation is divisible into the following four categories:

1.      Mild retardation IQ-50-70

2.      Moderate retardation IQ-35-49

3.      Severe retardation IQ-20-34

4.      Profound retardation IQ under 20

By laying down such strictly defined impairments as disabilities in Section 2, the PWD Act excludes several other kinds of illnesses and disabilities, which are socially discriminatory, thus excluding several thousands of people from coverage under the legislation. Some of these are HIV/AIDS, cancer, and multiple sclerosis among others. Justice Shah of the Bombay High Court even remarked that the definition is not adequate when he stated that “the definition of disability as given in 1995 Act needs to be widened to protect the rights of people suffering from HIV, leprosy, and internal organ failure.”[9]

DISABILITY AND HUMAN RIGHTS APPROACH: THE DAWN OF NEW ERA.

After having examined the legal expression of disability as well its approaches, it is clear that human rights model of disability is the most wanted as it  reflects the spirit of human rights vital for human subsistence. There is also acknowledgment to the fact that persons with disabilities come across numerous difficulties due to insensitivity and attitudinal barriers. Policies that are based ideologically on the human rights model begin by recognizing barriers in the society that curb disabled persons’ participation. This has in total altered the perception of disability and the approach to it. Formerly the individual so they may ‘fit in’ to society. Now there is appreciation that disability is not a divergence and for that reason, all systems and structures of the society must be improved upon as to allow equal access and full participation.[10]

International efforts for recognizing basic human rights for persons with disabilities were the product of political action and lobbying, primarily in the United States and throughout the world from the early 1960s.[11] There are four types of legal expression of human rights of persons with disabilities. Though these are not exclusive as most countries throughout the globe rely on cluster of laws, policies and programs that fit into more than one category, however they are nevertheless important paths of human rights into laws. They are-

(a)    Enforceable anti-discrimination legislation: It recognizes grounds for discrimination on the grounds of race, gender, religion or disability and area of protection, namely employment, education, housing and transportation. Anti-discrimination also sets out complaint and adjudication procedures and provides some form of enforcement mechanism. The main justification of the antidiscrimination approach to disability human rights is that any act of prejudice results in the inability of persons with disabilities to enjoy their basic rights and to reach their objectives of equal participation, opportunity and respect for difference. It is implicit that admittance to needed resources and full participation in social life will be realized when artificial and unreasonable impediments are removed. This approach obligates the state to get rid of barriers and also her and adjudicate complaints.

(b)   Constitutional guarantees of equality: The constitution of a country sets forth its political and legal and legal structures and such provisions are above every legislation or Government action of a state. The Constitutional guarantee in most countries guarantees equality and forbids discrimination on general grounds, “religion, personal, convictions, political opinion, race sex or any other grounds”.

(c)    Specific Entitlement Programmes: Many countries, whatever else they have in place to give legal expression to disability human rights, have programmes that create benefits are enforceable. There is a vast range and variety of such programmes. From subsistence income to educational and pre-employment development grants, from employment to free transportation into workplace, from employment to free transportation into workplace, from financial assistance to purchase or repair of assistive devices to exemptions in tax-payment. Moreover, most countries have social security programmes in entitlement form, including permanent and temporary benefits, disability pensions and work related injury benefits.

(d)   Voluntary Human Rights Manifestos: The ultimate legal expression of disability human rights is based on a social commitment that is not imposed by any state, legal or administrative mechanism. Manifestos serve the important function of bringing legitimate claims to public attention, and, in this sense, they do not express a commitment. Voluntary manifestos are expressions of a sense of duty among members of society to ensure independence of persons with disabilities and their full participation.

A look at the aforesaid four expressions makes it abundantly understandable that the grand goal of human approach to disability policy is equal opportunity, full participation and respect for difference. All the models project one or other expression of ‘disability equality’. Whether the stress is on voluntary approach , constitutional mandate, anti-discriminatory laws or entitlement programmes, the actuality underlying all these approaches or expressions can be reached only through ‘universalism in disability policy’.

       How A Society Treats Its Disabled Is The True Measure Of A Civilization

                                                                                                        By Chen Guangcheng.

A disability is thus an impairment that impedes with the function likely at a given social environment. Not being a bodily limitation, disability is also a normative, cultural, and legal hypothesis. There are two broad categories of disability, one is acquired and another is disability since the onset of birth. According to the National Sample Survey Organization Report (58th Round), about one-third of the disabled population have disability since their birth. There are interstate and interregional differences in the disabled population. The disabled face various types of barriers while seeking access to health and health services. There are different types of disability and the needs of the disabled differ accordingly.[12] In this circumstances it become very imperative to gauge the factors or causes giving rise to disabling conditions. The various causes of disability have been attributed to inter alia genetic and medical factors, faulty dietary habits, improper birth practices, malnutrition, non-immunization against common diseases, unhygienic living conditions, accidents, old age, wars , internal conflicts, rising crimes against human body as well as acts of the law enforcement officials. The World Programme of Action (WPA),1982  in Article 40 provides for a an all-encompassing range of causes of disability that includes factors like wars, civil conflicts, poverty, overcrowding and unhygienic living conditions; constraints of resources, geographical distance and transportation-related accidents, natural disasters, agricultural, and transportation-related  accidents, natural disasters, stress and psycho-social problems. As a consequence these considerations go further than the medical facet of disability and establish its causes beyond the precincts of the body of an individual.[13]

In the following lines various causes of disability shall be accessed:

(a)    Hereditary- A hereditary defects are one which passes from one generation to another as a result of some kind of disturbance in working of the inherent bodily mechanism, whether physical or mental. This may appear ironic in view of the implication that a hereditary defect passes on from one generation to another but it does not happen in mutation; it happens only when rare recessive genes are pooled together or when new black genes come into being. Among the Hindus, the practice of exogamy i.e. marrying outside the kith and kin, sagotra and sapinda may perhaps be a governing factor in minimizing the incidence of hereditary defects.[14]

(b)   Congenital- Congenital defects are those that are present at birth such as hare lip and cleft pupate, webbed finger, club foot, bow leg, dislocation of hip, missing bones and amputations. The causes of congenital disability are,-Maternal malnourishment, Maternal infection, The Rh factor, diseases, Chemical agents (Bhopal gas leak disaster may be taken into account), Glandular disorders of mohers, Mechanical factors etc.

(c)    Birth Injuries- Complication arise during the delivery of the  a baby, for example, the loss of an adequate oxygen supply to the brain, which can leads to brain damage and mental retardation.

(d)   Poverty- There is a high correlation between disability and poverty. Poverty frequently causes disability, or makes its effort worse, by virtue of factors such as malnutrition, inadequate housing, and dangerous work in hazardous conditions, poor-quality medical treatment, and inadequate access to services. Disabled person are likely to face barriers to their inclusion in society, to educational opportunities and to their access to health care and employment, which in turn will perpetuate their poverty.

(e)   Diseases- Diseases have always been one of the major causes of disability. Cancer, diabetes and heart disease are the leading contributors to disability. Some major illnesses include: Arthritis, ALS (Amyotrophic Lateral Sclerosis), Celebral palsy (CP), Spinal Cord Injury, Head Injury (cerebral trauma), Parkinson’s disease, Stroke, Muscular Dystrophy (MD), Age-Related Disease like Alzheimer, Dementia etc.

(f)    Malnutrition- Malnutrition in its various forms is not only one of the cause of disability but also a cause of disability but also a causal factor in other diseases that amplify vulnerability to disabling conditions. Common micro-nutrient deficiencies that influence disability include: Vitamin A deficiency causes blindness, Vitamin B complex deficiency causes beri-beri, Vitamin D deficiency causes rickets, Iodine deficiency causes slow growth, goiter etc, Iron deficiency causes aenememia, and Calcium deficiency causes osteoporosis.

(g)   Occupational Hazards-Workers employed in stone quarrying, leather industry, glasswork, weaving, diamond cutting, hand embroidery, and children employed in carpet, cracker and match industry are the victims of occupation-related health problems. Proper implementation of the health and safety measures in factories in accordance with the Factories Act, 1948 and improved design of agricultural implements will surely help curb the happening of accidents as well as occupational diseases resulting in disability.

(h)   Wars- No matter what may be the reason for an armed conflict and the advantage it gives to particular interests, the catastrophe it creates for the majority of human beings is fathomless.

(i)    Crimes- There has been instances where during dacoity or robbery the victims were stabbed or gunned resulting in physical disablement. Rape causes mental scar on the victim. Bombarding by anti-national groups has also deprived many of their physical well-being.

(j)    Traffic Hazards - High speeds along with the absence of the traffic coordination and calming facilities are major factors responsible for the increase in disability due to accidents.

(k)   Self-invited - A disability which is resultant of excessive drinking, smoking or drug  addiction is synonymous to self harm or self inflicted violence or self injurious behavior.

(l)     Natural Calamities - It expose normal populations to severe threats to life and to a series of traumatic losses. Natural calamities include earthquake, cyclone, floods, landslides, tsunami, droughts etc

(m)             Barriers - Disabled person are rightly differently able; but they are unable to perform up to their fullest because of the barriers put up by the society. Disabled persons often prove to be as productive and efficient as the non-disabled in barriers free and non-discriminatory conditions. There are many cases in all walks of life where persons with disabilities have outshined. Regrettably, many barriers become implements in their lives. These barriers are of four type: Environmental Barriers like inaccessible public and private places, buildings etc, Institutional Barriers consists of exclusion and isolation from major social institutions relating to Education, Employment, Health, Law and Justice etc, Attitudinal Barriers means people negative perception about disabled people, Information Barrier means communication gap, parents are not all the times informed about the reality about the disability of their child.

Coming to the most difficult aspects of the PWD Act is the way the definition of disability operates in a relation to the people with mental retardation and mental illness. The PWD Act shows very little understanding of the nature of mental disability and current developments in the field. Persons with mental disability are constantly under the threat of being excluded from protection as there exists a long history of prejudice and stigma against them and the PWD Act does not affirmatively seek to protect their rights. Section 2(q) and 2(r) of the PWD Act define them as follows: (a) ‘mental illness’ means any mental disorder other than mental retardation and (b) ‘mental retardation’ means a condition of arrested or incomplete development of the mind of a person, which is specially characterized by sub-normality of intelligence.

               The world worries about disability more than disabled people do.

                                                                                                         By Warwick Davis.

 One reason why the different definitions have been given is because such different definitions had existed in previous legislations such as the Mental Health Act (MHA) of 1987. Section 2(1) of 1987 Act defines a ‘mentally ill’ person as a person who is in need of treatment by reason of any mental disorder other than mental retardation. ‘Mental retardation was not defined under the MHA. Therefore, following this categorization in the MHA, the PWD Act has also differentiated between persons who are mentally ill and persons with mental retardation. The PWD Act defines a disabled person as one who is ‘suffering from 40 per cent or more disability’. However, as far as mental illness is concerned, this quantification is a mystification because such a tool for measurement is unavailable. So, if a parent or a family member of the affected person wants to derive benefits under the PWD Act and approaches a psychiatrist for a disability certificate, there is none available. By being deprived of access to a certificate of disability, the discrimination of persons with mental illness is inherent in the very definition of disability envisaged by the Act.[15]

 LAWS RELATED TO DISABILITY

There is no mention of learning disabilities such as dyslexia, dysgraphia, respectively under the categories of mental illness under Section 2(q) of the PWD Act. Dyslexia is a form of learning disability, which interferes with reading, writing or spelling.  Among children, the incidence of learning disabilities is between one to three per cent. In case of Vincy D’silva v. St.Mary’s School and others,[16] the Bombay High Court has recognized learning disabilities under the PWD Act. Based on the directions of the Bombay High Court, the state government of Maharashtra formulated a scheme to provide facilities to students with learning disabilities of dyslexia, dysgraphia, and/or dyscalculia. The court then directed the state government, the education authorities, and all schools in the state of Maharashtra having affiliation with any of the Boards, namely, Secondary School Certificate Board(SCC), Indian Council of Secondary Education(ICSE),and the CBSE to abide by the said scheme in relation to students with learning disabilities. Another important judgment was passed by the Delhi High Court in case of Shikha Narang.[17] By an interim order, the court interpreted the definition of disability stated in the PWD Act to include people with dyslexia.

The PWD Act has a strong affirmative action mandate for education and requires under Section 39 that all government institutions should on medical grounds reserve not less than 3 per cent of seats for students with disabilities. Section 39 of the PWD Act provides as follows:

All educational institutions to reserve seats for persons with disabilities: All government educational institutions and other educational institutions receiving aid from the government shall reserve not less than 3 percent seats for persons with disabilities.

Provisions related to education are some of the most important provisions of the PWD Act and it is crucial that a strong implementation drive is taken up by the state to ensure that all children with disability have access to education. Some of the most significant contributions of the PWD Act are the affirmative action and non-discrimination provisions relating to employment. The act provides for several important obligations on the State for ensuring equal opportunities in employment for persons with disabilities. Reservation in employment is addressed under Chapter VI of the PWD Act. Under this Section 32 and 33 talks about identification of jobs in public sector for persons with disabilities and Reservation of 3 percent of jobs in public employment respectively. One important case that needs to discuss here is LIC of India v. Chief Commr. For Disabilities[18]. The view taken by the Life Insurance Corporation (LIC) was that a person with 45 per cent disability was incapable of performing his duties as a peon. The Delhi High Court, in an appeal from the decision of the chief commissioner, found no substance in it and accordingly directed the LIC to employ the petitioner.

The PWD Act, taking its cue from other civil rights laws for disabled people, aims to address discrimination not only in relation to employment and education but also in relation to transport services, the roads and public facilities by requiring the appropriate government to provide access to public transport and roads, the built environment, and to provide aids and appliances. In order to provide aid and appliances, Section 42 of the PWD Act states that the appropriate government shall by notification make schemes to provide aids and appliances to persons with disabilities. To assist disabled persons in having access to aids and equipments, the Central and the state governments have framed schemes for provision of aids as required under Section 42 of PWD  Act, called the ADIP Schemes (Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances Scheme), which are essential for their social, economic and vocational rehabilitation.

 Internationally , the concept of a barrier-free environment is premised on Article 7 of International Covenant for Economic, Social and Cultural Rights(ICESCR) that mandates ‘providing and modifying devices, services or facilities, or changing practices or procedures in order to effort participation on equal terms’, including installation of wheelchair ramps, elevators for people with mobility impairments, introduction of part-time work schedules for workers with severe conditions, availability of readers for visual impairments, and the essential sign translation for people with hearing impairments.[19]

The UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities 1993(UNSR) recognizes as one of the pre-conditions for equal participation of persons with disabilities in society. December 3 has been observed as International Day of People with Disability ever since the UN promoted it in 1992. Each year, the Day focuses on a different issue. The theme of the year 2015 was “Inclusion matters: access and empowerment for people of all abilities” and the theme of 2016 is: Achieving 17 Goals for the Future We Want.

CONCLUSION

According to the constitution, the equal should be treated equal, equality means different for different person. As the Prime Minister Narendra Modi in his programmee MAAN KI BAAT, said disability is the inability to see ability & disabled are not disabled, they are just differently abled. Being disabled should not mean being disqualified from having access to every aspect of life. There are various inspirations like STEPHEN HAWKING, HELLEN KELER and many more countless persons. As advised by STEPHEN HAWKING to other disabled people, that the disabled person would concentrate on things, your disability does not prevent you from doing well and does not regret the things, it interferes with. Do not be disabled in spirit as well as   physically. Hellen Keller also motivated others by her words which state that although the world is full of suffering, it is full also of the overcoming of it.

Social responsibility is holding such much importance in our society right now, that social responsibility is not now only for government ,the corporate are also taking responsibility or doing their part by contributing 2% of their total income  which is also known as CORPORATE SOCIAL RESPONSIBILITY. The differently abled does not need charity, this is the right they hold as a human being. As so correctly traced out by MOTHER TERESA , that alone she cannot change the world but  at least she can cast a stone across the water that create many ripples. In that same way just effort of one human being or only the government cannot change the whole scenario, it has to be collaborated effort of whole society at large.

[1] Bhagwan Dass and Anr v. Punjab State Electricity Board, (Supreme Court) Civil Appeal No. 8 Of 2008, Judgement Dated 4 January 2008.

[2]  Retrieved from http://svayam.com/pdf/English-national_disability_policy.pdf on 25th august ,2016 at 02:00pm.

[3] World Health Organization, (2001), “International Classification of Functioning, Disability and Health”, Geneva.

[4]Theresia Degener, (AUGUST 2004), “Definition of Disability”, available at http://www.nuigalway.ie/law/Disability_summer_school/Docs/2006/Marc%20DeVoS%20. Teaching%20metterail%20220-%a20Disability.pdf accessed 26 august 2016.

[5] G.Quinn,(2007), “Disability Discrimination Law in the European Union”, in Under-standing the Article 13 Directives,H.Meenan (ed.),Cambridge: Cambridge University Press.

[6] Degener, “Definition of Disability”, (n 12).

[7]Lesson 17-Disability, Handicap and Impairment for details visit http://www.rocw.raifoundation/healthcare/B.Phy/Physiotherapypracticeprologue/lecture-notes/lecture-17pdf accessed on 27.8.2016.

[8] Chapter 2: Approaches to Disability, National Human Commission Disability Manual (National Human Rights Commisssion, New Delhi, 2005), pp.18-27 at p.22.

[9] Abhijit Atre, ‘Disability Rights: Justice Shah wants Act to be Amended’; Times of India (Pune 19 February 2005), available at http://timesofindia.indiatimes.com/articleshow/1025734,cms,accessed 7 September 2016.

[10] Chapter 2: Approaches to Disability, National Human Rights Commission Disability Manual, (National Human Rights Commission, New Delhi, 2005), pp.18-27 at p.22.

[11] Chapter 2:Approches to Disability, National Human Rights Commission Disability Manual,(National Human Rights Commission, New DELHI,2005)

[12] Chandrima Chatterjee, Gunjan Sheoran “Vulnerable Groups In India”, First Edition,(Centre for Enquiry into Health and Allied Themes,Mumbai,2007),p.14.

[13] Chapter 1: Disability: Definitions, estimates and Causes, National Human Rights Commission Disability Manual (National Human Rights Commission, New Delhi, 2005), pp.9-17, at p.12.

[14] Usha Bhatt, the physically Handicapped in India, Popular Book Deport Bombay, 1963, p.33.

[15]N.Srinivasan, (2002), ‘Flawed Law’, India Together, available at    http://www.indiatogether.org/health/opinions/pwd95crit.htm, accessed 7 September 2016.

[16] W.P.No.1744/2005 (Bombay High Court), Order dated 20 July 2006.

[17] Disabled Rights Groups v. Delhi University and Others, W.P (C) No. 10055/2004(Delhi HC).

[18] 101 DLT 434 (2002)

[19] P.Singh,(2003), ‘Disability, Discrimination and Equality of Opportunities: A Comparative Analysis of the Legal Framework’,(n 5)

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Comment   ( 3 )
Rohit Singh 6 October, 2016

Elaborated in such a nice way.

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Jagriti Rani 5 October, 2016

disability discussed in such a nice manner..well done writers..

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Raj Krishna 29 September, 2016

Good piece of writing.

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