Ability Forum

[kodakkal]

THE DISABLED AND THE CONSTITUTION                                                  top

The Constitution of India applies uniformly to all citizens of India whether or not they are healthy and normal or disabled (physically or mentally) and irrespective of their religion, caste, gender, creed etc. The only requirement is that the people to whom the Constitution will apply have Indian citizenship.

"Disability" has not been defined in the Constitution. But what has been said is that no citizen shall suffer any disability on the ground of his religious belonging, gender ,race, caste, sex, place of birth or any of them in regard to their access to public places, shops and the use of wells, tanks, etc. The Constitution has however described the following social groups as those for whom special legislations may be made without discriminating with the rest of the people of India. These are women, children and those belonging to the socially and educationally backward classes. The Constitution maker did not find it necessary to identify other social groups such as the aged or the disabled for whom separate legislation could be made.

Under the Constitution the disabled have been guaranteed the following fundamental rights:

1. The Constitution secures to the citizens including the disabled justice, liberty of thought,
     
          
     

expression, belief, faith and worship, equality of status and of opportunity and for the promotion of fraternity just as it does for other citizens who are not disabled. Artide 14 ensures that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

2. Article 15(1) enjoins on the Government not to discriminate against any citizen of India (including the disabled) on the ground of religion, race, caste, sex, place of birth or any of them.

3. Article 15(2) States that no citizen (including the disabled) shall be subjected to any disability, liability, restriction or condition on any of the above grounds in the matter of their access to shops, public restaurants, hotels and places of public entertainment or in the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of government funds or dedicated to the use of the general public. Women and children and those belonging to any socially and educationally backward classes or the Scheduled Castes & Tribes can be given the benefit of special laws or special provisions made by the State. There shall be equality of opportunity for all citizens (including the disabled) in matters relating to employment or appointment to any office under the State.

4. No person including the disabled irrespective of his belonging can be treated as an untouchable. It would be an offence punishable in accordance with law as provided by Article 17 of the Constitution.

5. Every person including the disabled has his life and liberty guaranteed under Article 21 of the Constitution. All children of the age of six to fourteen years will be entitled to free and compulsory education provided by the state. (Article 21A)

6. There can be no traffic in human beings (including the disabled) and begar and other forms of forced labour is prohibited and the same is made punishable in accordance with law (Article 23).

7. Article 24 prohibits employment of children (including the disabled) below the age of 14 years to work in any factory or mine or to be engaged in any other hazardous employment. Even a private contractor acting for the Government cannot engage children below 14 years of age in such employment.

8. Article 25 guarantees to every citizen (including the disabled) the right to freedom of religion. Every disabled person (like the non disabled) has the freedom of conscience to practice and propagate his religion subject to proper order, morality and health.

9. No disabled person can be compelled to pay any taxes for the promotion and maintenance of any particular religion or religious group.

10. No disabled person will be deprived of the right to the language, script or culture which he has or to which he belongs.

11. Every disabled person can move the Supreme Court of India to enforce his fundamental rights and the rights to move the Supreme Court is itself guaranteed by Article 32,.

12. No disabled person owning property (like the non disabled) can be deprived of his property except by authority of law though right to property is not a fundamental right. Any unauthorised deprivation of property can be challenged by suit and for relief by way of damages.

13. Every disabled person (like the non disabled) on attainment of 18 years of age becomes
     
          
     

eligible for inclusion of his name in the general electoral roll for the territorial constituency to which be belongs.

The disabled also have by implication certain rights which though not enforceable, provide effective guidelines for the government to make provisions including legislative provision for the disabled.

These are:

It is the duty of the State to apply the directive principles of State policy. These consist of securing a social order in promotion of the welfare of the people in which justice, social, economic and political shall inform all the institutions of national life. In particular the State shall strive to minimise in equalities in income, in status, facilities and opportunities not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. The State policy has to be directed to secure that the citizens, men and women equally have the right to an adequate means of livelihood, the economic system is operative for the common good, there is equal pay for equal work for both men and women, that citizens are not forced by economic necessities to enter avocations unsuited to their age and strength. The State shall secure that the operation of the legal system promotes justice, free legal aid is provided to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. The State shall make provisions for securing the right to work to education and public assistance in case of unemployment, oldage, sickness and disablement and in other cases of undeserved want. The State has a duty to secure just and humane conditions of work and for maternity relief, a living wage for all workers ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities. The State shall endeavour to provide for free and compulsory education for all children until they complete the age of fourteen years. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years. Every citizen who is a parent or guardian has to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. The State also has the responsibility of promoting with special care the educational and economic interests of the weaker sections of the people particularly the scheduled castes and scheduled tribes and protect them from all sorts of social injustice. All this can be achieved through appropriate legislations and schemes.

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx

THE DISABLED AND THE CONSTITUTION                                                  top

The Constitution of India applies uniformly to all citizens of India whether or not they are healthy and normal or disabled (physically or mentally) and irrespective of their religion, caste, gender, creed etc. The only requirement is that the people to whom the Constitution will apply have Indian citizenship.

"Disability" has not been defined in the Constitution. But what has been said is that no citizen shall suffer any disability on the ground of his religious belonging, gender ,race, caste, sex, place of birth or any of them in regard to their access to public places, shops and the use of wells, tanks, etc. The Constitution has however described the following social groups as those for whom special legislations may be made without discriminating with the rest of the people of India. These are women, children and those belonging to the socially and educationally backward classes. The Constitution maker did not find it necessary to identify other social groups such as the aged or the disabled for whom separate legislation could be made.

Under the Constitution the disabled have been guaranteed the following fundamental rights:

1. The Constitution secures to the citizens including the disabled justice, liberty of thought,
     
          
     

expression, belief, faith and worship, equality of status and of opportunity and for the promotion of fraternity just as it does for other citizens who are not disabled. Artide 14 ensures that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

2. Article 15(1) enjoins on the Government not to discriminate against any citizen of India (including the disabled) on the ground of religion, race, caste, sex, place of birth or any of them.

3. Article 15(2) States that no citizen (including the disabled) shall be subjected to any disability, liability, restriction or condition on any of the above grounds in the matter of their access to shops, public restaurants, hotels and places of public entertainment or in the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of government funds or dedicated to the use of the general public. Women and children and those belonging to any socially and educationally backward classes or the Scheduled Castes & Tribes can be given the benefit of special laws or special provisions made by the State. There shall be equality of opportunity for all citizens (including the disabled) in matters relating to employment or appointment to any office under the State.

4. No person including the disabled irrespective of his belonging can be treated as an untouchable. It would be an offence punishable in accordance with law as provided by Article 17 of the Constitution.

5. Every person including the disabled has his life and liberty guaranteed under Article 21 of the Constitution. All children of the age of six to fourteen years will be entitled to free and compulsory education provided by the state. (Article 21A)

6. There can be no traffic in human beings (including the disabled) and begar and other forms of forced labour is prohibited and the same is made punishable in accordance with law (Article 23).

7. Article 24 prohibits employment of children (including the disabled) below the age of 14 years to work in any factory or mine or to be engaged in any other hazardous employment. Even a private contractor acting for the Government cannot engage children below 14 years of age in such employment.

8. Article 25 guarantees to every citizen (including the disabled) the right to freedom of religion. Every disabled person (like the non disabled) has the freedom of conscience to practice and propagate his religion subject to proper order, morality and health.

9. No disabled person can be compelled to pay any taxes for the promotion and maintenance of any particular religion or religious group.

10. No disabled person will be deprived of the right to the language, script or culture which he has or to which he belongs.

11. Every disabled person can move the Supreme Court of India to enforce his fundamental rights and the rights to move the Supreme Court is itself guaranteed by Article 32,.

12. No disabled person owning property (like the non disabled) can be deprived of his property except by authority of law though right to property is not a fundamental right. Any unauthorised deprivation of property can be challenged by suit and for relief by way of damages.

13. Every disabled person (like the non disabled) on attainment of 18 years of age becomes
     
          
     

eligible for inclusion of his name in the general electoral roll for the territorial constituency to which be belongs.

The disabled also have by implication certain rights which though not enforceable, provide effective guidelines for the government to make provisions including legislative provision for the disabled.

These are:

It is the duty of the State to apply the directive principles of State policy. These consist of securing a social order in promotion of the welfare of the people in which justice, social, economic and political shall inform all the institutions of national life. In particular the State shall strive to minimise in equalities in income, in status, facilities and opportunities not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. The State policy has to be directed to secure that the citizens, men and women equally have the right to an adequate means of livelihood, the economic system is operative for the common good, there is equal pay for equal work for both men and women, that citizens are not forced by economic necessities to enter avocations unsuited to their age and strength. The State shall secure that the operation of the legal system promotes justice, free legal aid is provided to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. The State shall make provisions for securing the right to work to education and public assistance in case of unemployment, oldage, sickness and disablement and in other cases of undeserved want. The State has a duty to secure just and humane conditions of work and for maternity relief, a living wage for all workers ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities. The State shall endeavour to provide for free and compulsory education for all children until they complete the age of fourteen years. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years. Every citizen who is a parent or guardian has to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. The State also has the responsibility of promoting with special care the educational and economic interests of the weaker sections of the people particularly the scheduled castes and scheduled tribes and protect them from all sorts of social injustice. All this can be achieved through appropriate legislations and schemes.

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx

[Adverts]

[ajaychawla]

Thanks Mr. Koddakkal for elaborating the laws .

I think we must also bring out to the government agencies the importance of legislating the "Right to Chose profession" by all vulnerable sections of society (disabled) and not limit the government efforts in providing reservations in Jobs. Very little has been done if anything to implement section 41 of the Disability Act HFDC has very obscure schemes that are redundant in todays environment. Jobs and works are being outsourced and it is the disabled that are being left out resulting in discrimination

Thanks Mr. Koddakkal for elaborating the laws .

I think we must also bring out to the government agencies the importance of legislating the "Right to Chose profession" by all vulnerable sections of society (disabled) and not limit the government efforts in providing reservations in Jobs. Very little has been done if anything to implement section 41 of the Disability Act HFDC has very obscure schemes that are redundant in todays environment. Jobs and works are being outsourced and it is the disabled that are being left out resulting in discrimination

[kodakkal]

Dear Chawla,

You are right, but in my opinion several NGOs trying their level best in bringing disability law with concerned authority to implement several welfare measure like employmlent reservations,promotion reservation, out coming from discriminations etc.  Delhi based Society for Child Development an leading NGO having legal counsel to fight against discriminations etc and  they having several law related verdict at their web portal- http://www.disabilityindia.org and one who interested to relax from their unnecessary burden/troubles at various points could contact them for an amicable settlement.  

with best wishes,
http://www.kodakkalraja.community.officelive.com

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx

Dear Chawla,

You are right, but in my opinion several NGOs trying their level best in bringing disability law with concerned authority to implement several welfare measure like employmlent reservations,promotion reservation, out coming from discriminations etc.  Delhi based Society for Child Development an leading NGO having legal counsel to fight against discriminations etc and  they having several law related verdict at their web portal- http://www.disabilityindia.org and one who interested to relax from their unnecessary burden/troubles at various points could contact them for an amicable settlement.  

with best wishes,
http://www.kodakkalraja.community.officelive.com

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx