Law relating to persons with disabilities

The words “disability”, “locomotor disability” and “person with disability” are defined under Section 2(i), (o) and (t) respectively of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 as under:-

“2(i) “disability” means-

(i) blindness;

(ii) low vision;

(iii) leprosy-cured;

(iv) hearing impairment;

(v) locomotor disability;

(vi) mental retardation;

(vii) mental illness;”

“2(o) “locomotor disability” means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy;”

“2(t) “person with disability” means a person suffering from not less than forty per cent of any disability as certified by a medical authority;”

Sections 32, 33 and 39 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 are also relevant and the same read as under:

Section 32. Identification of posts which can be reserved for persons with disabilities. – Appropriate Governments shall –

a. identify posts, in the establishments, which can be reserved for the persons with disability;

b. at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology.

Section 33. Reservation of Posts – Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent. for persons or class of persons with disability of which one per cent. each shall be reserved for persons suffering from-

i. blindness or low vision;

ii. hearing impairment;

iii. locomotor disability or cerebral palsy,

in the posts identified for each disability:

Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

Section 39. All educational institutions to reserve seats for persons with disabilities – All Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent seats for persons with disabilities.

See Also : Deepshikha Vs. Medical Council of India [Delhi High Court, 15 May 2015]

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