Government Implementation of the Standard Rules
As Seen By Member Organizations of
Inclusion International - ILSMH

India

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© Dimitris Michailakis 1997

National Forum for Welfare of the Mentally Handicapped, India
No reply was received from the Government of India.
Compare with the following Country Report(s): DPI, WBU

General policy

The emphasis in this policy is on rehabilitation, individual support, prevention, accessibility measures and anti-discrimination law.

By means of new legislation the government has conveyed the message of full participation.

Legislation

The rights of persons with disabilities are protected by special legislation. The judicial mechanisms adopted to protect the rights of persons with disabilities is due process (legal remedy through the courts). The administrative and other non-judicial bodies include a government body (administrative) and independent expert bodies.

General legislation applies to persons with different disabilities with respect to education, employment, the right to marriage and the right to parenthood/family. The following benefits are guaranteed by law to persons with disabilities: health and medical care, training, rehabilitation and counselling and employment.

New legislation has been enacted since the adoption of the Rules. (Persons with Disabilities Act - 1995.)

Accessibility

There are rules to ensure accessibility of the built environment. No responsible body exists to observe accessibility in the built environment. The only measure promoted by the government in order to facilitate this accessibility is the provision of specially adapted motor vehicles. Special transport arrangements include subsidized transport and are available for medical treatment, education, work and for recreational purpose. The most difficult obstacles, when planning to build accessible environments, are attitudinal factors, economic/budgetary factors, technical factors, lack of legislation and regulations, lack of planning and design capacity, lack of knowledge, research and information, lack of user participation and lack of enforcement mechanism. There is no disability awareness component incorporated in the training of planners, architects and construction engineers.

Sign language is used as the first language in education of deaf people. There are no government measures to encourage media and other forms of public information to make their services accessible for persons with disabilities. The following measures are provided to facilitate information and communication between persons with disabilities and others: literature in Braille/tape, news magazines on tape/Braille and sign language interpretation being available for any purpose.

Organizations of persons with disabilities

There is a national umbrella organization. There are legal provisions mandating the representatives of persons with disabilities to participate in policy-making and to work with governmental institutions. Disability organizations are sometimes consulted, when laws and regulations with a disability aspect are being prepared. Consultations occur at the national level. The government gives financial support to existing or new organizations of persons with disabilities. Persons with disabilities participate to a very limited extent in government, legislatures, judiciary, political parties and to some extent in NGOs. The role of disabled persons organizations is to mobilize persons with disabilities, contribute to public awareness, provide services and promote/organize income generating activities.

Co-ordination of work

The national co-ordinating committee is reporting to the Ministry of Welfare. It includes representatives of many Ministries, from other NGOs, from the private sector and selected senior professionals. The government expects the co-ordinating committee to perform other tasks. The establishment of the committee has led to improved co-ordination of measures/programmes, improved legislation, improved integration of responsibility, a better dialogue in the disability field, more effective use of resources and improved promotion of public awareness.

The Standard Rules has not led to a rethinking of the approach to disability policy.

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Contents of the ILSMH Report | Compare with the following Country Report(s): DPI, WBU