Rights Of Person With Disability

A "person with disability" is a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.

A "person with benchmark disability" is a person with not less than 40% of a specified disability as mentioned under:

Physical: Locomotor Disability, Cerebral Palsy, Dwarfism, Muscular Dystrophy, Acid Attack Victims

Visual: Blindness, Low Vision

Hearing: Deaf, Hard of Hearing

Disability Due to Chronic Neurological Conditions: Multiple Sclerosis, Parkinson's Disease

Blood Disorder :Hemophilia, Thalassemia, Sickle Cell Disease

Mental Mental Retardation, Mental Illness

Intellectual: Specific Learning Disability, Autism Spectrum Disorder

Multiple Disability: two or more disabilities including Deaf-Blindness

Others: Notified by Government from time to time

A "person with disability having high support needs" includes persons with benchmark disability who needs intensive support - physical, psychological and otherwise - for daily activities, to take independent and informed decision, to access facilities and participate in all areas of life including education, employment, family and community life, treatment and therapy.

A person with specified disability (or guardian of children/person with intellectual disability) may apply for a Disability Certificate before the Medical authority/other notified authority in the district of residence of the applicant;


Concerned medical authority in a government hospital where applicant may be undergoing or may have undergone treatment in connection with their disability.

Medical authority/ other notified authority shall - after verification of information in application and assessment of disability as per guidelines issued by the Central Government-issue a certificate of disability within a month from receipt of application. Disability Certificate may be permanent (If there is no chance of variation of degree of disability over time) or may have a period of validity (if there is chance of variation in degree of disability over time).

Certificate of disability issued under the repealed Persons with Disabilities Act, 1995 shall continue to be valid after commencement of the Act for the period specified therein.

  • Equality and Non-discrimination on grounds of disability.
  • Personal liberty.
  • Rights for Women and Children with Disabilities equally with others.
  • Right to live in community with access to residential / community support services, including personal assistance to support living with regard to age and gender.
  • Protection and safety in situation of risk, armed conflict, humanitarian ground and natural disaster District Disaster Management Authority to ensure inclusion of disabled people in disaster management activities, maintain record of details of persons with disabilities in the district, inform such persons of any situations of risk to enhance disaster preparedness.
  • Protection from cruelty, inhuman treatment, abuse, violence & exploitation.
  • Right to Home & Family - no child with disability to be separated from his/her parents on the ground of disability except on court order, where required in the best interest of the child.
  • Access to information on reproductive rights and family planning, and no persons with disability to be subject to medical procedure leading to infertility, without informed choice.
  • Accessibility in Voting
  • Access to Justice.
  • People with disabilities to enjoy Legal Capacity on an equal basis with others - to have equal rights to own, inherit property, control financial affair, have access to bank accounts, loans, mortgages, so on.
  • Guardianship-to provide support of a limited guardian to take legally binding decision.
  • Free education between the age of six to eighteen years.
  • All govt. institution of higher education shall reserve not less than 5% seats for persons with benchmark disabilities.
  • Upper age relaxation of five years for persons with benchmark disabilities for admission in institution of higher education.
  •  4% reservation in job - with 1% each for (a) Blindness and low vision; (b) Deaf and hard of hearing; (c) Locomotor disability
    including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy; and (d) Autism, intellectual disability, specific learning disability, mental illness or multiple disabilities.

Educational institutions funded or recognized by Appropriate Government / local authorities to provide inclusive education to children with disabilities and should

  • Conduct surveys to identify children with disabilities and to ascertain their special needs
  • Establish adequate number of teacher training institutions.
  • Train and employ teachers qualified in Sign Language, Braille and trained in teaching children with intellectual disability.
  • Detect specific learning disabilities in children and take pedagogical measures
  • Individualized support to maximize academic/social development.
  • Provide for transport facilities
  • Ensure removal of architectural barriers from educational institutions.
  • Provide for suitable modification in examination system for students with disabilities.
  • Promote use of appropriate augmentative and alternative modes, including Braille and Sign Language.

Appropriate Government to facilitate/ support employment of persons with disabilities and formulate schemes/programmes for Vocational training and self employment.

  • Loans at concessional rates
  • Marketing products made by persons with disabilities.
  • Inclusion of people with disability in mainstream formal/non-formal vocational and skill training programs.
  • Exclusive skill training program for persons with developmental, intellectual, multiple disabilities and autism with active links with the market.
  • No discrimination in employment.
  • Reasonable accommodation and barrier free environment in Govt. establishments

Appropriate Government to safeguard and promote the rights of persons with disabilities for adequate standard of living to enable them to live independently or in the community and formulate schemes and programs for

  • Access to safe drinking water and accessible sanitation facilities especially in urban slums and rural areas.
  • Provisions for aids and appliances, medicines, diagnostic services and corrective surgery free of cost.
  • Care giver allowance to persons with disabilities with high support needs
  • Support to persons with disabilities (including children) without family. 
  • Support to women with disabilities for livelihood & to bring up their children.
  • Disability pension & unemployment allowance
  • Community Centres.
  • Appropriate Government to take measures for persons with disabilities to provide Free healthcare.
  • Barrier free environment in all parts of Govt and private hospitals.
  • Priority in attendance and treatment.
  • Sexual and reproductive healthcare especially for women with disability.
  • Screening of children to identify "at risks" cases.
  • Training of PHC staff.
  • Pre-, peri- and post-natal care of mother and child
  • Awareness campaign for general hygiene, health and sanitation.
  • Appropriate Government to take measures to ensure effective participation of persons with disabilities in sporting and recreational activities.
  • Appropriate Government to take measure to appoint State Commissioner for person with disability to hear grievance for person with disability
  • Appoint special public prospector at district level to appear in district courts in matters relating to persons with disability
  • Conduct Awareness campaigns
  • Lay down rules for standards of accessibility for physical environment, transportation, information, communication and services.
  • Ensure access to transport, information & communication technology, consumer goods. 
  • Mandatory observance of accessibility norms.
  • Existing public buildings to be made accessible within 5 years from date of notification of rules.
  • Service providers (govt. & non-govt.) to comply with accessibility norms within 2 years

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