The Persons with Disabilities Act of 1995

 

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

• Enacted: 1995
• Came into force: February 7, 1996
• Purpose: To ensure equal opportunities, protection of rights, and full participation of persons with disabilities in nation-building.

1. Key Features of the Act

1. Equal Opportunities – Guarantees non-discrimination and inclusion of disabled persons in all sectors.
2. Education & Training – Provisions for education, vocational training, and skill development.
3. Employment & Reservation – Job reservation, employment opportunities, and unemployment allowance.
4. Barrier-Free Environment – Ensures accessibility in public spaces, transport, and infrastructure.
5. Rehabilitation – Covers medical, social, and vocational rehabilitation of disabled persons.
6. Research & Manpower Development – Encourages research and training of professionals to support disability services.
7. Social Security – Special insurance schemes for disabled employees.
8. Welfare Homes – Establishment of homes for persons with severe disabilities.

2. Education

• Free education up to 18 years of age in integrated or special schools.
• Accessibility measures:
• Transportation
• Removal of architectural barriers
• Modifications in examination systems
• Free books, scholarships, uniforms, and learning material.
• Special schools to provide vocational training facilities.
• Non-formal education encouraged for disabled children.
• Establishment of Teachers’ Training Institutions for special education.
• Parents may approach appropriate forums for grievance redressal regarding placement of their children.

3. Employment

• 3% reservation in government employment:
• 1% for Blindness/Low Vision
• 1% for Hearing Impairment
• 1% for Locomotor Disabilities & Cerebral Palsy
• Schemes for:
• Training and welfare of disabled persons
• Relaxation of upper age limit
• Regulating employment conditions
• Health and safety measures
• 3% reservation in educational institutions (Govt. and Govt.-aided).
• Protection of employment rights:
• No dismissal/demotion if disability occurs during service.
• Employee may be shifted to another post with same pay and conditions.
• No denial of promotion due to disability.

4. Affirmative Action

• Aids and appliances to be provided to disabled persons.
• Concessional land allotment for:
• Housing
• Business
• Special Recreational Centres
• Special Schools
• Research Centres
• Factories by entrepreneurs with disability

5. Non-Discrimination

• Barrier-free environment in public buildings, transport, and utilities.
• Wheelchair-accessible toilets in public places and waiting rooms.
• Braille and sound symbols in lifts/elevators.
• Ramps and other accessibility features in public utilities.

6. Research and Manpower Development

• Research to be promoted in:
• Prevention of disability
• Rehabilitation (including community-based rehabilitation)
• Development of assistive devices
• Job identification and modifications in workplaces
• Financial assistance to universities, institutions, and NGOs for research, education, and manpower development.

7. Social Security

• Financial assistance to NGOs for rehabilitation.
• Insurance coverage for government employees with disabilities.
• Unemployment allowance for disabled persons registered with employment exchanges for more than one year without securing a job.

8. Grievance Redressal

• Chief Commissioner for Persons with Disabilities (Central level).
• Commissioner for Persons with Disabilities (State level).
• Individuals can file complaints regarding violations of rights.

Significance of the Act

• First comprehensive law on disability rights in India.
• Recognized disabled persons as equal participants in society.
• Shifted from a welfare approach to a rights-based framework.
• Later replaced by the Rights of Persons with Disabilities Act, 2016, which expanded the scope further.