Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Aviation Law
 Bangladesh Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscribe now and receive free articles and updates instantly.


Published : August 21, 2014 | Author : c.bikram
Category : Human Rights laws | Total Views : 2950 | Rating :

I am a lawyer working out of Pune, Maharashtra, India. I am currently a Partner in Abhay Nevagi & Associates, Advocates.

Basic Primer on the Persons with Disabilities (Equal Opportunities, Protection of Rights And Full Participation) Act, 1995

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (all short the ‘Act’) is an affirmative action legislation aimed at leveling the field of opportunities for persons with disabilities as defined in the Act vis-à-vis those that do not suffer from disabilities. As observed by the Hon'ble Supreme Court of India in Kunal Singh v. Union of India[2], the need for a comprehensive legislation for safeguarding the rights of persons with disabilities, for enabling them to enjoy equal opportunities and to help them to fully participate in national life was felt for a long time, and the Act provides some sort of succor to the disabled persons.

The ideological foundations of the Act were laid in the Meeting to Launch the Asian and Pacific Decade of Disabled Persons 1993 – 2002, convened by the Economic and Social Commission for Asia and Pacific held at Beijing on 1st to 5th December 1992. The participants in the said Meeting, including India, signed the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region and, as a signatory, the need was felt in India to enact a suitable legislation to provide for several factors discussed in the aforementioned Meeting. Thus, the Act came to be passed in 1995.

The Act aims to provide education, employment opportunities and social security to the disabled in India. The Act also places a large impetus on medical treatment, research, prevention and early detection of disabilities and manpower development.

 ‘Disability’ has been defined to mean blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation, mental illness. Most of the aforesaid terms have also been separately defined in the Act.

The applicability of the Act is restricted to establishments as defined in Section 2(k) thereof. The said definition reads as under –
“establishment” means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956) and includes Department of a Government.

A prima facie glance at the above definition suggests that the responsibility of compliance with the Act lies only with the Government and State entities. In the humble opinion of the Author, this would mean that entities that come within the definition and meaning of State under Article 12 of the Constitution of India may come within the purview of the Act. This would necessarily exclude private entities not performing any statutory functions, or not receiving substantial funding from the Government, etc.  However, on account of the words “means a corporation established by or under a Central, Provincial or State Act” in the definition of ‘establishment’, there has been some speculation that the Act is meant to all inclusive and involves non-state entities such as companies under the Companies Act, 1956, cooperative societies, etc. by virtue of such entities being established in consonance with statutory provisions. The issue appears to have been settled by the Hon'ble Supreme Court in the matter of Dalco Engineering Private Ltd. v. Shree SatishPrabhakarPadhye and Ors. [Civil Appeal Nos. 1858 & 1886 of 2007, decided on 31.03.2010].

While observing by way of an example that a `company' is incorporated and registered under, and is not established under, the Companies Act, a 3-Judge Bench in the aforesaid case held as under:
“We agree that the socio-economic legislations should be interpreted liberally. It is also true that Courts should adopt different yardsticks and measures for interpreting socio-economic statutes, as compared to penal statutes, and taxing statutes. But a caveat. The courts cannot obviously expand the application of a provision in a socio-economic legislation by judicial interpretation, to levels unintended by the legislature, or in a manner which militates against the provisions of the statute itself or against any constitutional limitations. In this case, there is a clear indication in the statute, that the benefit is intended to be restricted to a particular class of employees, that is employees of enumerated establishments (which fall within the scope of ‘state’ under Article 12). Express limitations placed by the socio-economic statute can not be ignored, so as to include in its application, those who are clearly excluded by such statute itself. We should not lose sight of the fact that the words "corporation established by or under a Central, Provincial or State Act" is a term used in several enactments, intended to convey a standard meaning. It is not a term which has any special significance or meaning in the context of the Disabilities Act or any other socio-economic legislations. It is a term used in various enactments, to refer to statutory corporations as contrasted from non-statutory companies. Any interpretation of the said term, to include private sector, will not only amount to overruling the clear enunciation in Dhanoa[3] which has held the field for nearly three decades, but more importantly lead to the erasure of the distinction maintained in the Constitution between statutory corporations which are ‘state’ and non-statutory bodies and corporations, for purposes of enforcement of fundamental rights. The interpretation put forth by the employee would make employees of all companies, public servants, amenable to punishment under the provisions of Indian Penal Code and Prevention of Corruption Act; and would also result in all non-statutory companies and private sector companies being included in the definition of ‘State’ thereby requiring them to comply with the requirements of non- discrimination, equality in employment, reservations etc.”
The Act also seeks to punish persons taking fraudulent advantage of its beneficial provisions. To avail, or to attempt to avail, any benefit of the Act fraudulently can invite criminal prosecution. The punishment prescribed is imprisonment for upto two years or a fine upto Rs. 20,000/-, or both.

The Central & State Governments have been empowered to make Rules under the Act. The Central Government has already made Rules in 1996 for implementing various provisions of the Act. Broadly the Rules framed by the Central Government provide for the following:

·        Application for and issue of disability certificates
·        The composition and procedure of certain bodies under the Act such as the Central Coordination Committee, the Central Executive Committee
·        Eligibility and certain service conditions of the Chief Commissioner for persons with disabilities
·        Various Forms prescribed under various provisions of the Act and Rules.
Naysayers have often lamented that the Act is insufficient in achieving the purpose of social integration of persons with disabilities into the fabric of society.In the humble opinion of the Author, the Act itself is broad enough to have far reaching and positive consequences towards achieving this laudable goal. The strength of the Act must lie in its implementation, which has regrettably been wanting. An important reason for failure or delay in uniform and effective implementation of the Act in India no doubt is that there is no deadline for its implementation. Certain provisions, such furnishing of returns by employers of vacancies for persons with disabilities to employment exchanges, provide that the same must be implemented from such date as may be specified by notification. However, for the most part, the Act enjoins upon the Appropriate Government and local authorities to implement the provisions of the Act without specifying time-lines for the same. The phraseology of the provisions of the Act surely imply immediate implementation for the most part, but with riders such as that the Appropriate Government and local authorities must take various actions under the Act “within the limits of their economic capacity and development”.

Like in the case of most other social legislations in India, the implementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 must ultimately be ensured through democratic means. Executive inaction on the part of the Governments and local authorities have often and effectively been dealt with by our judicial system, with the Supreme Court of India and the High Courts of the States often forcing the Executive to take urgent and immediate steps to implement laws. While definite progress has no doubt been made in this manner towards implementing the Act, there are indeed miles to go before the collective conscience of society can sleep in peace, secure in the knowledge that those amongst us with disabilities are no longer the victims of apathy.
[1] This Note is a brief overview of the Act named above and is not intended to give any legal advice regarding the same. The Note reflects the views of the Author only. 
[2] AIR 2003 SC 1623: (2003) 4 SCC 524
[3]S.S. Dhanoa v. Municipal Corporation, Delhi 1981 (3) SCC 431

The  author can be reached at: c.bikram@legalserviceindia.com

Writing award This article has been Awarded Certificate of Excellence for Original Legal Research work by our Penal of Judges

1 2 3 4 5
Rate this article!     Poor

Most viewed articles in Human Rights laws category
Protective Discrimination
Historical Development of Human Rights
Legal Aspects of the Bhopal Gas Tragedy
Realization of Human Rights and Role of NGO
Right to Clean Environment: A basic Human Right
Contract Labour
Victims Rights in India
Child Labour in Indian Society
Human Rights and Terrorism
Whistleblower Protection In India
Corruption in Governance: Human Rights Dimensions
Human Rights of The Accused And The Police Investigation Process
Domestic Violence as a Human Rights Issue
Science and Technology in human rights: An Indian perspective
Tribal Laws in India & Tribal Conventions on Rights of Indigenous People Worldwide
Commercial Surrogacy
Most recent articles in Human Rights laws category
Are Human Rights Eligible To Be Regarded As Basic Rights or Natural Rights
Conjugal visit
Ranbow Rights
Is beef ban in Maharashtra Constitutional?
Rehabilitation of Internally Displaced Persons
Capital Punishment v/s Human Rights
International Instruments on prohibition of caste based discremination
Addiction problems and the trans-gender people
Discrimination and Dilemma of Transgender People
Right to food of Children in India
Displacement is a Dark Aspect of Planned Development- A Human Right Approach
Rationale of LGBT, Lesbian, Gay, Bisexual and Transgender
Human Rights and Terrorism
The Veracity of Child Prostitution in India
Basic Primer on the Persons with Disabilities
Supreme Court of India granted legal recognition to transgender

Article Comments

there are no comments...

Please login or register a new free account.

Random Pick
Circular NHB (ND)/DRS/POL.16/2006 dated September 5, 2006 advised Housing Finance Companies (HFCs) to formulate suitable Fair Practices Code with the approval of their Board. The Guidelines have been amended vide Circular NHB/ND/DRS/Pol-No.34/2010-11 dated October 11, 2010 to bring more clarity & transparency and to cover all aspects of loan sanctioning, disbursal and repayment issues. The Guidelines have been discussed ...

» Total Articles
» Total Authors
» Total Views
» Total categories

Law Forum

Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers


India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3