New Disability Law
What is meant by Disability?
A disability is any continuing condition that restricts everyday activities.
RPwD Act Definition: Person with disability means 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.
WHO Definition: 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.
What is meant by Persons With Disabilities?
Persons with disabilities means 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.
What is meant by persons with benchmark disabilities?
A person with benchmark disability” means a person with not less than forty percent (40%) of a specified disability where specified disability has not been defined immeasurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority.
What is meant by a person with a disability with a high support need?
A person with disability having high support needs means a person with benchmark disability certified under clause (a) of sub-section (2) of section 58 who needs high support.
There are how many disabilities enlisted in RPwD Act 2016?
There are 21 categories of disabilities in RPWD Act 2016. They include (alphabetically): Acid Attack victim, Autism Spectrum Disorder, Blindness, Cerebral Palsy, Chronic Neurological conditions, Dwarfism, Hearing Impairment (deaf and hard of hearing), Haemophilia, Intellectual Disability, Leprosy Cured persons, Locomotor Disability, Low-vision, Mental Illness, Multiple Disabilities including deaf blindness, Multiple Sclerosis, Muscular Dystrophy, Parkinson's disease, Sickle Cell disease, Specific Learning Disabilities, Speech and Language disability and Thalassemia.
How are disabilities categorized?
As per severity, disabilities are categorized into;
1. Person with disability means 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.
2. Person with benchmark disability means a person with not less than 40% of a specified disability whether defined in measurable terms or not.
3. Person with disability having high support needs, means a person with benchmark disability certified under clause (a) of sub-section (2) of section 58 who needs high support.
Which disabilities are considered under Physical Disabilities?
Locomotor, Visual, Hearing impairments and Speech and Language pathology.
What is Locomotor Disability?
Locomotor disability causes a limitation on a person's physical functioning,
mobility, dexterity or stamina. It includes:
1. Leprosy cured person means a person who has been cured of leprosy but is suffering from
1.1 Loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;
1.2 Manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity
1.3 Extreme physical deformity as well as advanced age which prevents him/her from undertaking any gainful occupation, and the expression "leprosy cured" shall construed accordingly;
2. Cerebral Palsy means a Group of non-progressive neurological condition affecting body movements and muscle coordination, caused by damage to one or more specific areas of the brain, usually occurring before, during or shortly after birth
3. Dwarfism means a medical or genetic condition resulting in an adult height of 4 feet 10 inches (147 centimeters) or less
4. Muscular dystrophy means a group of hereditary genetic muscle disease that weakens the muscles that move the human body and persons with multiple dystrophy have incorrect and missing information in their genes, which prevents them from making the proteins they need for healthy muscles. It is characterised by progressive skeletal muscle weakness, defects in muscle proteins, and the death of muscle cells and tissue.
5. Acid attack victims means a person disfigured due to violent assaults by throwing acid or similar corrosive substance.
What is Visual Impairment?
Visual impairments means:
1. Blindness means a condition where a person has any of the following conditions, after best correction
1.1 Total absence of sight; or
1.2 Visual acuity less than 3/60 or less than 10/200 (Snellen) in the better eye with best possible correction; or
1.3 Limitation of the field of vision subtending an angle of less than 10 degree.
2. Low-vision means a condition where a person has any of the following conditions, namely:
2.1 Visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto 10/200 (Snellen) in the better eye with best possible corrections; or
2.2 Limitation of the field of vision subtending an angle of less than 40 degree up to 10 degree.
What is Hearing Impairment?
Hearing Impairment means:
1. Deaf means persons having 70 DB hearing loss in speech frequencies in both ears;
2. Hard of hearing means person having 60 DB to 70 DB hearing loss in speech frequencies in both ears.
What is Speech and Language Disability?
Speech and language disability means a permanent disability arising out of conditions such as laryngectomy or aphasia affecting one or more components of speech and language due to organic or neurological causes.
What is Intellectual Disability?
Intellectual Disability is a condition characterised by significant limitations both in intellectual functioning (rasoning, learning, problem solving) and in adaptive behaviour which covers a range of everyday, social and practical skills. It includes specific learning disabilities and autism spectrum disorders.
What are Specific Learning Disabilities?
Specific learning disabilities means a heterogeneous group of conditions where in there is a deficit in processing language, spoken or written, that may manifest itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical calculations and includes perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental aphasia.
What is Autism Spectrum Disorder?
Autism Spectrum Disorder means a neuro-developmental condition typically appearing in the first three years of life that significantly affects a person's ability to communicate, understand relationships and relate to others, and is frequently associated with unusual or stereotypical rituals or behaviours.
What is mental illness?
Mental illness means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet ordinary demands of life, but does not include retardation which is characterised by sub normality of intelligence.
What are Chronic Neurological Conditions?
Chronic neurological conditions are caused by a dysfunction in part of the brain or nervous system, resulting in physical and/or psychological symptoms.
What is Multiple Sclerosis?
Multiple Sclerosis is a chronic neurological condition which means inflammatory, nervous system disease, in which myelin sheaths around the axons of nerve cells of the brain and spinal cord are damaged, affecting ability of nerve cells in the brain and spinal cord to communicate with each other.
What is Parkinson's Disease?
Parkinson’s disease means a progressive disease of the nervous system marked by tremor, muscular rigidity, and slow, imprecise movement, chiefly affecting middle-aged and elderly people.
What are Blood Disorders?
A blood disorder is any condition that impacts one or more parts of the blood, usually interfering with its ability to work correctly. Many blood disorders take their name from the component of the blood they impact.
1. Haemophilia means an inheritable disease, usually affecting only male, characterised by loss or impairment of normal clotting ability of blood, so a minor cut may result in fatal bleeding.
2. Thalassemia means a group of inherited disorders characterised by reduced or absent amounts of haemoglobin.
3. Sickle cell disease" means a haemolytic disorder characterised by chronic anaemia, painful events, and various complications due to associated tissue and organ damage.
What are Multiple Disabilities?
Multiple disabilities (more than one of the above specified disabilities) including deaf blindness which means a condition in which a person may have a combination of hearing and visual impairments causing severe communication, developmental, and educational problems.