DISABILITY

 More than 1 billion people in the world live with some form of disability, of whom nearly
200 million experience considerable diffulties in functioning.
 It means 15% of the world’s population is suffering from disability (2010 global population
estimate)
 Disability is part of the human condition – almost everyone will be temporarily or
permanently impaired at some point in life.
 The number of people with disabilities in India was stated as 21 million in the 2001 Census
of India.
 In the 2011 census, the figure rose by 22.4% to 26.8 million.
 According to the 2011 census, 20.3% of people with disabilities in India have movement
disabilities, 18.9% have hearing impairments, and 18.8% have visual impairments.
 The 2011 census additionally collected data on mental disability for the first time, and found
that 5.6% of Indians with disabilities fall into that category.

The International Classification of Functioning Disability and Health (ICF)

 Defines disability – as an umbrella terms for impairments, activity limitations and
participation restriction.
 Disability refers to the negative aspects of the interaction between individuals with a health
condition (such as cerebral palsy, down syndrome, depression) and personal and
environmental factors (such as negative attitude, inaccessible transportation and public
buildings and limited social supports)
 What is a disability?
The Human Rights Code defines it as “disability” means for the reason that the person has or has
had, or is believed to have or have had,
1. any degree of physical disability, infirmity, malformation or disfigurement that is
caused by bodily injury, birth defect or illness and, without limiting the generality of
the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of
paralysis, amputation, lack of physical co-ordination, blindness or visual impediment,
deafness or hearing impediment, muteness or speech impediment
 a condition of mental impairment or a developmental disability
 a learning disability, or a dysfunction in one or more of the processes involved in
understanding or using symbols or spoken language
 a mental disorder
 or an injury or disability for which benefits were claimed or received under the insurance
plan established under the Workplace Safety and Insurance Act, 1997
WHO 1976
 Impairment
 Disability
 Handicap
 IMPAIRMENT – Any loss or abnormality of psychological, physiological or anatomical
structure or function.
 DISABILITY – Any restriction or lack of ability to perform an activity in the manner or
within the range considered normal for a human being.

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  HANDICAP – A disadvantage for a given individual, resulting from an impairment or
disability that limits or prevents the fulfillment of a role that is normal depending on age,
sex, social and cultural factors for that individual.
 Disabilities is an umbrella term, covering impairments, activity limitations, and
participation restrictions.
 An impairment is a problem in body function or structure; an activity limitation is a
difficulty encountered by an individual in executing a task or action;
 While a participation restriction is a problem experienced by an individual in
involvement in life situations.
 Disability is thus not just a health problem. It is a complex phenomenon, reflecting the
interaction between features of a person’s body and features of the society in which he or
she lives.
MODELS
 MEDICAL MODEL
 SOCIAL MODEL
 PROFESSIONAL MODEL OF DISABILITY – Follows a process of identifying the
impairment and its limitations and takes necessary action to improve the position of the
disabled person.
 HUMAN RIGHTS MODEL – Believes that every person has the rights to participate
fully in social institutions and avail fully the services offered regardless of the ability.
PROBLEMS
 Poor health outcome
 Low educational achievement
 Poverty
 Increased dependency
 Negative attitudes
 Lack of accessibility
The (International Classification of Functioning, disability and Health) ICF lists 9 broad
domains of functioning which can be affected:
• Learning and applying knowledge
• General tasks and demands
• Communication
• Basic physical mobility, Domestic life, and Self-care (for example, activities of daily living)
• Interpersonal interactions and relationships
• Community, social and civic life, including employment
• Other major life areas
HOW DO LABELS AND DEFINITIONS EFFECT HOW WE THINK OF SOMEONE?
 Past
These were all words used to describe a person whose IQ was below 70.
• Idiots- 0 and 25
• Imbeciles- 26 and 50

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• Morons- 51 and 70
• Individuals with Down Syndrome were referred to as Mongolian Idiots
When you think of these words do positive or negative thoughts come to mind?
 Future
Now if you were to refer to someone with a disability, person centered words should be used
 Use the individuals name when referring to them don’t just say their disability
 An individual with…
 An individual in a wheelchair
 A person who has autism
When you use person first language it puts the person first not the disability.
WHY IS THIS A SOCIAL PROBLEM?
 A social problem is “a social condition that a segment of society views as harmful to
members of society and in need of remedy” (Holmes, Knox, Mooney & Schacht, 2013)
“Social conditions are not considered social problems until a segment of society believes
that the condition diminishes the quality of human life”
 Individuals who have a disability have been treated different in society throughout history
and into the present. They are given less opportunities to be contributing members of
society, are likely to face discrimination, poverty, abuse and to be treated differently in
communities and society as a whole.
HOW WILL WE CREATE A SOLUTION TO THIS SOCIAL PROBLEM?
1. As simple as it sounds, we need to redefine what disability means in our society and
reconstruct a positive meaning to the word. If we had a positive outlook on individuals
who had a disability imagine how different our world would be
According to Labeling Theory “resolving social problems sometimes involves changing
the meanings and definitions attributed to people and situations”
(Holmes, Knox, Mooney & Schacht, 2013)
 “Regardless of whether a disability is evident or non-evident, a great deal of
discrimination faced by persons with disabilities is underpinned by social constructs of
“normality” which in turn tend to reinforce obstacles to integration rather than encourage
ways to ensure full participation” (Ontario Human Rights Code, n.d.)
 Past and Present
 Recipients
 Passive income support
 Dependence
 Government responsibility
 Labelled as unemployable
 Disincentives to leave income assistance
 Insufficient employment supports
 Program-centred approach
 Non- accessible
 Future
 Participants
 Active measures to promote employment and provide income support

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 Independence
 Shared responsibility
 Work skills identified
 Incentives to seek employment and support volunteering
 Opportunities to develop skills
 Person-centred approach
 Accessibility
2. Changes within the system
• Incentives to work
• Better job opportunities and support programs
• Better housing options
• More adult programs
• More funding
• Early intervention
• Better school supports
• More choices, options and allowing individuals voices to be heard
3. Create Awareness
Five people with physical disabilities had storefront mannequins cast of their bodies to promote
awareness of disability worldwide.
LAWS
 Today disability is seen as an integral part of society.
 Recognition that persons with disabilities encounter several obstacles
 Earlier the emphasis was on correcting the impairment and rehabilitating the individual so
they may fit in the society.
 INDIAN LUNACY ACT 1912
 This act is discarded from the constitution due to its draw backs.
 It considered mental retardation and mental illness as the same condition. Lead to mental
health act.
 It made for provisions for custodial care for persons with lunacy or idiocy.
 A lunatic was defined under the Indian lunacy act as an idiot or a person with unsound mind.
 Persons suffering from mental illness and mental retardation are grouped together.
 Similar laws were applicable with mental illness and mental retardation
 MENTAL HEALTH ACT 1987
 Act was passed on 1987 by govt. India, Ministry of Law and Justice.
 Mentally ill person means a person who is in need of treatment because of any mental
disorder other than mental retardation.
 This act clearly excluded the person with mental retardation from the definition of person
with mental illness.
 Treatment and institutionalization of the mentally ill.
 Protection and management of their property. Mentally ill
 patient can seek voluntary admission in hospitals
 The police have an obligation to take into protective custody a wandering of neglected
mentally ill person.
 Mentally ill person have the rights to discharged when cured.
 Management of properties

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 Cost of maintenance of mentally ill persons detained as inpatient in any Govt. psychiatric
hospitals or nursing homes shall be borne by the state Govt.
 Mentally ill patient who are entitled the services of a legal practitioner by order of the
magistrate or district Court.
 No mentally ill person shall be subjected during treatment to any dignity or cruelty.
 No mentally ill person under treatment shall be used for purpose of research unless – such
research is of direct benefits for the patient for purpose of diagnosis or treatment.
 Consent from the patient
 UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD (1989)
 UNCRC protects and promotes the rights of all children including disabled children.
 Article 2 – Non discrimination
 Article 28 and 29 – Education
 Article 23 – children’s rights – Differently able child has the right to special care, education
and training to help him/her enjoy a full and decent life in dignity and achieve the greatest
degree of self-reliance.
THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF
RIGHTS AND FULL PARTICIPATION) ACT 1995
 The Act was a landmark – for the first time it stated that people with disabilities has the right
to equal opportunities and full participation and these rights would be protected by the law.
 PART I- Comprise of chapter 1- 4 – Dealing with administrative arrangement for
implementation.
 Defines disabilities – blindness, low vision, leprosy, hearing impairment, locomotors, mental
retardation and mental illness.
 The Act specify the minimum degree of disability to be 40% to entitle a person with
disability to the benefits of the Act.
 A Medical board comprising three specialists from government hospital can issue a disability
certificate.
 Establishes Central and state co-ordination committees – include ministries, government and
NGOs
 PART II – Comprises chapter 5-11 dealing with the substantiate rights and correlated
obligations.
 Duties of the government in relation to the right of person with disabilities enlisted.
 Education
 Employment
 Affirmative action
 Non discrimination
 Research and manpower development
 Recognition of institutions for persons with disabilities
 Institutions for persons with severe disabilities.
 PART III – Provides a mechanism for the monitoring of the Act in the Centre and the states.
 Establishes the office of the Chief Commissioner and state commissioners for person with
disabilities.
GOALS
 To integrate person with disabilities and provide them with opportunities for full participation
in society

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 To create a society in which a person with disability would enjoy status on par with others.

DUTIES OF THE GOVERNEMNT

 Ensure free education till the age of 18 years.
 Promote integration.
 Setting up special schools
 Transport facilities
 Removal of architectural barriers
 Supply of books, uniforms etc.
 Grant of scholarships
 Setting up of appropriate forums
 Suitable modification in the examination systems
 Restructuring of curriculum
 Make provisions for non-formal education
RIGHTS OF THE PERSON WITH DISABILITY ACT 2016
 The Rights of Persons with Disabilities Act, 2016 replaced the earlier legislation, and
widened the scope for defining disability in India, with types of recognised disabilities being
increased from 7 to 21.
 The reservation offered in the 1995 legislation was also increased to provide more
opportunities for the upliftment of the disabled.
 According to the Act any person who “intentionally insults or intimidates with intent to
humiliate a person with a disability in any place within public view” is punishable with
imprisonment.
 To increase the job opportunities of persons with disabilities, the Act has increased
the reservation quota from 3% to 4%. This means that 4% of all vacancies in the
government organizations will be reserved for disabled people.
 Another very important feature of this Act is the provision of special courts in each district.
These special courts will handle cases pertaining to the violation of the rights of P.w.D.
 A large number of children with disabilities do not get proper education in India. This act
proposes that every child with disability gets free education from the age of 6 to 18.
 State Governments will constitute district-level committees to address the local issues of
P.w.D.
 Office of Chief Commissioner and the Office of State Commissioners of Persons with
Disabilities have been given more powers.
 Broad-based Central & State Advisory Boards on Disability are to be set up to serve as apex
policy-making bodies at the Central and State level.
 Victims of acid attacks have been included in the list of P.w.D. Unfortunately, in India, acid
attacks have been on the rise in last few years. Girls and women are often left severely
disfigured/disabled due to such attacks.
 Number of types of disabilities have been increased from 7 to 21. The Central Government
will have power to add more types of disabilities in this list.
THE REHABILITATION COUNCIL OF INDIA ACT, 1992.
 Set up by the government of India in 1986.
 Initially as a society to regulate and standardize training policies and programs in the field of
rehabilitation of person with disabilities.

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 The urgent need for minimum standards was felt as the majority of persons engaged in
education, vocational training and counseling of person with disabilities were not
professionally qualified.
 Poor academic and training standards adversely affect the chances of disabled succeeding in
the world of work
 Therefore an act of parliament in 1992 enhanced the status of the council to a statutory body
with the following aims –
 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.
THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL
PALSY, MR AND MULTIPLE DISABILITIES ACT 1999.
 Certain groups among the disabled are more vulnerable than others, a special enactment
for the protection of such persons, their property and well-being was felt.
 National trust Act aims to fulfill a common demand of families seeking reliable
arrangement for their severely disabled wards.
Specific objectives of the act are
 To enable and empower persons with disabilities to live as independently and as fully as
possible within as close to the community to which they belong.
 To promote measures for the care and protection of persons with disabilities to in the event of
death of their parent or guardian
 To extend support to registered organizations to provides need based services during the
period of crisis in the family of disabled covered under the act.
 Evolve procedure for the appointment of guardians and trustees requiring such protection.
 To promotes independent living in the community for persons with disability by:
 creating a conducive environment in the community
 counseling and training of family members of persons with disability
 Setting up of adult training units, individual and group homes; promotes respite care,
foster family care or day care service for persons with disability
 Setting up residential hostels and residential homes for persons with disability
 Development of self-help group persons with disability to pursue the realization of
their rights
 Setting up of local committee to grant approval for guardianship.
Other Acts which can contribute to the appraisal of the person with disability

 Right to information act (2005)

 Right to education act (2010)
1. Provides educational opportunity in a normal school settings
2. Provides special attention for leaning if it is necessary