India been a party to the Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region enacted the Act to give effect to the proclamation. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act was formed in the year 1995 to protect the persons with disabilities. Act consists of XIV chapters which inclusive of 74 Sections in brief. Chapter II deals with the Central Coordination Committee, Central Government by notification in the Official Gazette constitute a body known as the Central Coordination Committee to exercise the powers conferred by under the Act. The Central co-ordination consists of Minster in charge of Welfare Department, Minister of State, Secretaries to Government, chief members, Directors and other members in charge who nominated by the Central Government on rotational basis to represent States and Union Territories . No person should be the member of the Committee as specified in Section 5 and no order of removal of member be made by Central Government without giving opportunity, and there shall be a Central Executive Committee for carrying out the decisions laid down by the Central Coordination Committee.
Chapter III deals with the State Coordination Committee which enacted by the State Government to exercise the powers conferred and to perform the functions laid down in the Act. Committee consists of Minster in charge of Welfare Department, Minister of State, Secretaries to Government, Chief members, Directors and other members in charge who nominated by the State Government, while nominating persons State Government should nominate at least one women person and one person who belonging to the Scheduled Castes or Scheduled Tribes.
Chapter IV deals with the Prevention and early detection of Disabilities, Government and other local authorities within their limits of the economic development undertake surveys, investigation and research for the cause of disabilities, promote various methods of preventing disabilities, Screen all the children in one year, take appropriate measures in pre-natal and post –natal care of both child and mother. Chapter V deals with the Education as it been the basic criteria where it been the duty of the Government and prescribed authorities to provide education to citizens by ensuring that every child with a disability must give free education till the child attains the age of fifteen years, Promoting the setup and setting up of special schools in Government and private sector for those persons who in need.
It been the duty of the Government to protect the disables by providing them employment opportunities, Chapter VI deals with such as Government must prescribed the posts in the establishments and reserve the post for persons who struggling with disability. And Government should appoint certain percent of vacancies not less than three percent in every establishment and appoint disabled persons in the specified establishment.
State Government as specified under Chapter X for Recognition of Institutions for persons with Disabilities appoint authority to look forward the purpose of the Act, any person can make application and every application for a certificate of registration should be made on to the competent authority as may be prescribed by the State Government. Authority after making proper inquiries grant or refuse the registration of certificate, any person who aggrieved by the order of authority who refusing the grant of certificate can prefer appeal to the State Government and the order of the State Government be final in the order issued. The Government may establish and maintain institutions for the persons who struggling with the disabilities as specified in the Chapter XI of Act. And the Chief Commissioner and Commissioners for persons with Disabilities be appointed under Chapter XII of the Act to regulate the proper functioning of the Act. Person should not be disqualified to the post of Chief Commissioner unless the person qualified and possess the special knowledge or practical experience in matter of rehabilitation, salary and other allowances of the Chief Commissioner as prescribed by the Central Government. Chief Commissioner has the authority to coordinate with the work of the other Commissioners, monitor and safeguard the rights and facilities available to the persons with the disabilities. It had been the social responsibility to the appropriate Government to secure the people with disabilities as Chapter XIII deal with this. To Secure the persons with disabilities and organizations formed to protect the disabled person Government must grant financial assistance to the organizations which provide the need and fulfill the conditions of disabled and it also has the authority to enable a scheme for payment of an unemployment allowance to persons with disabilities who been registered with the Special Employment Exchange for more than two years.
by Priyadarshini Chandrasekar.