Indian beings Article 16: Provision of equal opportunity in

Indian Laws

v  Constitutional Provisions and Human Rights

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Though the fundamental rights stress on the existing rights, the Directive Principles provide the energetic movement towards the goal of providing Human Rights for all. Right to employment under Indian Constitution can be considered in the light of relevant provisions of part III and IV of the Constitution and in particular the following:Article 14: Talks about equality before the law and equal protection of laws within India.Article7: Talks about the rights of human beings Article 16: Provision of equal opportunity in the matters of public employment Article 43: Speaks about the wages and benefits for employeesArticle 41: Directs the state government to ensure the people within the limit of it economic capacity and development, right to work in an organization, have access to education and have access to public assistance in few cases.

v  The Mental Health Act, 1987

This act was enacted to regulate admissions to hospitals for mentally-ill individuals who do not have sufficient knowledge to seek medical treatment on a voluntary basis and also to protect the rights of such individuals if they are being detained. 


v  The Rehabilitation Council of India Act, 1992

The act was passed to normalize the man power development programmes in the field of education of persons with special needs. The objective is to regulate the training policies and programmes in the field of rehabilitation of people with disabilities, to recognize educational institutes which offer courses in diploma, educational institutes offering degree, certificate courses in the field of rehabilitation of the disabled, to recognize and equalize foreign degree, diploma, certificate courses, and to standardize training courses for rehabilitation professionals.

The National Policy on Education 1986

The aim of this act was to provide education, to all the citizens, including people with disability.  The objective of this policy is to integrate the physically and mentally handicapped with general community as equal partners and to prepare them for growth and to assist them to face life with confidence.

v  The Workmen’s Compensation Act, 1923

As per section 3 of the act, if personal injury is caused to a workman by accident arising out of or in the course of his employment, his employer shall be liable to pay compensation.

v  Employees’ State Insurance Act, 1948, Section 46(c)

According to this act, periodical payment shall be made to an insured person suffering from demobilization as a result of an employment injury sustained as an employee and certified to be eligible for such payments by an authority specified in this behalf by the regulations.

v  The Payment of Gratuity Act, 1972

As per Section 4 of this Act, gratuity shall be payable to an employee on the termination of his employment on his death or demobilization due to accident or disease if he has rendered continuous service of five years.

Rights of Disabled Persons in India

Some of the basic rights that the Person & with Disabilities are entitled to: 

1. Certificate: One of the most important documents that a disabled person should possess in order to avail certain benefits and concessions is the disability certificate. The State Medical Boards which are established under the guidance of the government of that particular state can issue a disability certificate to an individual who has more than 40% disability. The concerned individual can visit the nearest state hospital in his locality for the certificate. The certificate is issued after the physical medical examination the physical examination is carried out in order to determine the percentage of disability. The validity of the certificate is five years and can be renewed if the disability is temporary. The certificate is valid for lifetime if the disability is permanent.  

2. Travel Concession: Individuals with disability get some travel concessions if they are travelling in public transport. Public transport includes train and bus. The concession is available for train tickets which are bought at the railway counter or online. Individuals with disability can get a concession if they are travelling the bus which is managed by the state government by showing the disability certificate to the bus conductor.

3. Pension: Individuals who are major (major are one’s who have completed 18 years of age), and living below the poverty line, and who are suffering from more than 80% physical disability are entitled to receive disability pension under the pension scheme. The pension scheme is named after the late Prime Minister (Indira Gandhi) of India. The name of the scheme is – Indira Gandhi National Disability Pension Scheme. The government has identified several non-government organizations to ensure that the pension reaches the disabled individual on time.

 4. Guardianship Certificate: Persons who are suffering from cerebral palsy etc are in a special situation and would not be able to take important legal decisions even after they become major. In order to help them the government has introduced Legal Guardianship Certificate. The benefit of this certificate is it identifies a legal guardian on behalf of the disabled person and he is given all the authority to take decisions on behalf of the person with disability even after he becomes a major.

 5. Income Tax Concession: Section 80DD and section 80U of the Income Tax Act, of 1961, a disabled person enjoys some tax concession on the income he has earned.

 6. Employment: There is 4 percent reservation for people with disability in government jobs.

Deterrents in the Employment Process of Disabled People

Some of the deterrents that limit employment opportunities for people with physical disabilities:

·         Adjustment: Managers and workers require continuous support and they also have to be directed as to how to treat people with physical disability. The organization has to make some adjustments in the existing policies.

·         Self-Identification: Employees with physical disability are hesitant to self-identify. The organization which employs them finds it difficult to identify on their own. If the organization does not have the information of disabled people working in their organization then they will not be in a position to provide information to the labour department which is mandatory.  

·         Discomfort: There is a misconception that people with disabilities are not qualified compared to people without disability, due to which the employer finds it difficult and uncomfortable to employ them in their organizations.

·         Access to information: Employers are besieged by the amount of information available, but concomitantly need more information.

·         Motivation: Employers need greater visible acknowledgment for their efforts to employ more individuals with physical disabilities.

Strategies to ease the impediments:

·         Change: The management should change their opinions; manager’s focus should be on building a rational, economic business where there is no place for bias since biases influence opinions. For example, Lemon tree hotel have addressed this impediment through programs and awareness-raising activities that work towards changing the opinion of the management.  

·         Education: The management should educate its employees. They have to create awareness among employees of the set of practices and benefits for increasing disability employment.

·         Incentives: Motivate with incentives, organizations must be acknowledged and rewarded for their progress. Individual employees at all levels should also be motivated since they will also respond positively due to incentives.