INTRODUCTION

The rights of blind people? It is tempting to reply, no different from those of the sighted.
We want a happy childhood; a good education (but should we be set apart or in the
mainstream?); a satisfying job; a fulfilling family life; enjoyable leisure and social
activities, and the chance to take a full part in public life. We want respect; esteem;
affection (if we deserve it); but above all recognition that we are citizens with full civil
and human rights.Do the disabled have any legal rights? Do the disabled have the same
legal rights as those who are not disabled? Is the protection and guarantee of law
available to the disabled? Has the law maker thought of the disabled sufficiently well?
How has the law defined the disabled in the first instance?. Are the disabled secure in the
regime of law? These are some of the questions which come to mind when we think of
the disabled in relation to their legal rights.
In the nature of things legislative protection of citizens is a matter of paramount
importance for the citizens of any country. The Constitution as the basic law carries the
guarantee of legal security for all its citizens. It mandates that the laws to be made
pursuant to the authority of the Constitution must conform to the principles of fairness,
equality, objectivity and fraternity of the people. There are for instance, fundamental
rights guaranteed to the citizens who also have certain fundamental duties in relation to
fellow citizens and the government. The directive principles of State policy guide the
government in providing for mechanisms and facilities that agree with the constitutional
purpose enshrined in the provisions of the Constitution.
The present study seeks to explore the extent of legislative provisions available for the
protection of the disabled in our country. A systematic knowledge about the legal rights
of the disabled in the legislative frame work would be a source of power and strength
with those concerned about the welfare of the almost 2% of disabled people out of the
country's total population. Armed with such knowledge, they would find a premise for
new thoughts and direction for future action and operation.
THE DISABLED AND THE CONSTITUTION1
The Constitution of India applies uniformly to all citizens of India whether or not they are
healthy and normal or disabled (physically or mentally) and irrespective of their religion,
caste, gender, creed etc. The only requirement is that the people to whom the Constitution
will apply have Indian citizenship.
"Disability" has not been defined in the Constitution. But what has been said is that no
citizen shall suffer any disability on the ground of his religious belonging, gender ,race,
caste, sex, place of birth or any of them in regard to their access to public places, shops
and the use of wells, tanks, etc. The Constitution has however described the following
social groups as those for whom special legislations may be made without discriminating
with the rest of the people of India. These are women, children and those belonging to the
socially and educationally backward classes. The Constitution maker did not find it
necessary to identify other social groups such as the aged or the disabled for whom
1

The Constitution Of India,1950

separate legislation could be made.

Under the Constitution the disabled have been guaranteed the following fundamental
rights:
1. The Constitution secures to the citizens including the disabled justice, liberty of
thought, expression, belief, faith and worship, equality of status and of
opportunity and for the promotion of fraternity just as it does for other citizens
who are not disabled. Artide 14 ensures that the State shall not deny to any person
equality before the law or the equal protection of the laws within the territory of
India.
2. Article 15(1) enjoins on the Government not to discriminate against any citizen of
India (including the disabled) on the ground of religion, race, caste, sex, place of
birth or any of them.
3. Article 15(2) States that no citizen (including the disabled) shall be subjected to
any disability, liability, restriction or condition on any of the above grounds in the
matter of their access to shops, public restaurants, hotels and places of public
entertainment or in the use of wells, tanks, bathing ghats, roads and places of
public resort maintained wholly or partly out of government funds or dedicated to
the use of the general public. Women and children and those belonging to any
socially and educationally backward classes or the Scheduled Castes & Tribes can
be given the benefit of special laws or special provisions made by the State. There
shall be equality of opportunity for all citizens (including the disabled) in matters
relating to employment or appointment to any office under the State.
4. No person including the disabled irrespective of his belonging can be treated as an
untouchable. It would be an offence punishable in accordance with law as
provided by Article 17 of the Constitution.
5. Every person including the disabled has his life and liberty guaranteed under
Article 21 of the Constitution. All children of the age of six to fourteen years will
be entitled to free and compulsory education provided by the state. (Article 21A).
6. There can be no traffic in human beings (including the disabled) and begar and
other forms of forced labour is prohibited and the same is made punishable in
accordance with law (Article 23).
7. Article 24 prohibits employment of children (including the disabled) below the
age of 14 years to work in any factory or mine or to be engaged in any other
hazardous employment. Even a private contractor acting for the Government
cannot engage children below 14 years of age in such employment.
8. Article 25 guarantees to every citizen (including the disabled) the right to freedom
of religion. Every disabled person (like the non disabled) has the freedom of
conscience to practice and propagate his religion subject to proper order, morality
and health.
9. No disabled person can be compelled to pay any taxes for the promotion and
maintenance of any particular religion or religious group.
10. No disabled person will be deprived of the right to the language, script or culture
which he has or to which he belongs.

11. Every disabled person can move the Supreme Court of India to enforce his
fundamental rights and the rights to move the Supreme Court is itself guaranteed
by Article 32,.
12. No disabled person owning property (like the non disabled) can be deprived of his
property except by authority of law though right to property is not a fundamental
right. Any unauthorised deprivation of property can be challenged by suit and for
relief by way of damages.
13. Every disabled person (like the non disabled) on attainment of 18 years of age
becomes eligible for inclusion of his name in the general electoral roll for the
territorial constituency to which be belongs.
The disabled also have by implication certain rights which though not
enforceable, provide effective guidelines for the government to make provisions
including legislative provision for the disabled.
These are : It is the duty of the State to apply the directive principles of State
policy. These consist of securing a social order in promotion of the welfare of the
people in which justice, social, economic and political shall inform all the
institutions of national life. In particular the State shall strive to minimise in
equalities in income, in status, facilities and opportunities not only amongst
individuals but also amongst groups of people residing in different areas or
engaged in different vocations. The State policy has to be directed to secure that
the citizens, men and women equally have the right to an adequate means of
livelihood, the economic system is operative for the common good, there is equal
pay for equal work for both men and women, that citizens are not forced by
economic necessities to enter avocations unsuited to their age and strength. The
State shall secure that the operation of the legal system promotes justice, free
legal aid is provided to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities. The State shall
make provisions for securing the right to work to education and public assistance
in case of unemployment, oldage, sickness and disablement and in other cases of
undeserved want. The State has a duty to secure just and humane conditions of
work and for maternity relief, a living wage for all workers ensuring a decent
standard of life and full enjoyment of leisure and social and cultural opportunities.
The State shall endeavour to provide for free and compulsory education for all
children until they complete the age of fourteen years. The State shall endeavour
to provide early childhood care and education for all children until they complete
the age of six years. Every citizen who is a parent or guardian has to provide
opportunities for education to his child or, as the case may be, ward between the
age of six and fourteen years. The State also has the responsibility of promoting
with special care the educational and economic interests of the weaker sections of
the people particularly the scheduled castes and scheduled tribes and protect them
from all sorts of social injustice. All this can be achieved through appropriate
legislations and schemes.

The disabled and the Educational law2

The right to education is available to all citizens including the disabled. Article 29 (2) of the
Constitution provides that no citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds on grounds only of religion, race,
caste, language, or any of them. This right is as much guaranteed to the disabled as to the non
disabled. If the disabled belong to a minority religion or language they shall have the right to
establish and administer educational institutions of their choice and the State shall not
discriminate in granting aid to such educational institution under the management of the minority
whether based on religion or language.
Article 45 of the Constitution directs the State to provide free and compulsory education for all
children (including the disabled) until they attain the age of 14 years. The State can set up
schools of its own or grant aid to recognised schools. Though minority communities based on
language or religion are free to set up schools and educational institutions of their choice, no
child can be denied admission into any educational institution maintained by the State or
receiving aid out of State funds on grounds mainly of religion, race, caste, language or any of
them. The State can set up educational institution for the physically disabled persons such as
schools for the blind, schools for the deaf & dumb and schools for the mentally retarded. If such
schools are State aided they cannot deny admission to a disabled person having that particular
disability relating to the school on any of the grounds mentioned above.
Various States have enacted Primary education Acts to provide for free primary education for
children in those States. It is the obligation of every local authority (Municipal Corporation,
Municipal Committee or Cantonment Board) to provide for compulsory primary education for
children who are ordinarily resident within its jurisdiction. Primary education means education
upto 8th class and for children who are not less than 6 years and not more than 14 years. Schools
can also be set up under the above Act for imparting primary education to children suffering
from physical and mental disability. The schools so set up are aided by the State government and
it is the responsibility of the parent or the guardian to send the child to an approved school
imparting primary education. Those who receive primary education and pass class 8th are
deemed to be literate persons by the Government.
The States have also enacted legislations called Secondary schools Education Act for imparting
education higher than primary education. These schools are also aided by the government and
there can be special schools for the disabled. The management and regulation of such schools
imparting higher than primary education that is, Secondary education is controlled by the State
government in accordance with the provisions contained in the said enactment.
For admission to College, University and professional courses the disabled persons are not
subjected to any kind of disability or disentitlement if they are otherwise fit and eligible to
pursue higher courses of education. For admission to these institutions of higher learning
reservation may be provided for those who are physically handicapped or physically disabled but
otherwise are competent to pursue such courses of higher education.

Disabled Children Right to Education, by M.Afzal Wani,published in journal of Indian Law Institute,2002

The disabled and Health laws 3

Article 47 of the Constitution imposes on the Government a primary duty to raise the level of
nutrition and the standard of living of its people and the improvement of the public health and in
particular to bring about prohibition of the consumption of intoxicating drinks and drugs which
are injurious to health except for medicinal purposes. The legislatures of the various States are
empowered to make laws on public health and sanitation, hospitals and dispensaries and in this
respect several municipal laws, labour welfare laws, industrial laws have made provisions for
ensuring public health and safety.
Article 41 of the Constitution provides that the State shall within the limits of its economic
capacity and development, make effective provision for securing the right to work, to education
and to public assistance in case of unemployment, oldage, sickness and disablement and in other
cases of undeserved want.
The health laws of India are particularly relevant from the point of view of the disabled. Some of
the Acts which make provision for the health of the citizens including the disabled are to be seen
in the following enactments.
In 1996, the Persons with disabilities (equal opportunities, protection of rights and full
paticipation) Act, 1995 was enacted to give effect to the proclamation on the full participation
and equality of the people with disabilities in the Asian and Pacific region held at Beijing from
1st to 5th December 1992. This Act spells out the responsibility of the State towards the
prevention of disabilities, protection of rights, provision of medical care, education, training,
employment and rehabilitation of persons with disabilities. It also provides for creating a barrier
free environment for persons with disabilities, to remove any discrimination against persons with
disabilities in the sharing of development benefits vis-a-vis non disabled persons, to counteract
any situation of the abuse and exploitation of the disabled persons, to lay down strategies for
comprehensive developments for programmes and services and for equal opportunities for
disabled persons and for their integration into the social mainstream. The Act provides for
constitution of Co-ordination Committees and Executive Committees at the Central and State
level for carrying out the functions assigned to them under the Act. It also provides for the
appointment of Chief Commissioner for persons with disabilities at the Central level and
Commissioner for persons with disabilities at the State levels to monitor funds and to safeguard
the rights of the disabled persons.
The Rehabilitation Council of India Act, 1992 was also enacted to provide for the Constitution of
the Rehabilitation Council of India for regulating the training of rehabilitation professionals and
for maintenance of a Central rehabilitation register and for matters connected therewith or
incidental thereto.
The disabled and Succession Laws
Are the disabled deprived of succession or inheritance to property? The answer is No. Under the
Hindu Succession Act, 1956 which applies to Hindus it has been specifically provided that
physical disability or physical deformity would not disentitle a person from inheriting ancestral
3

Environmental Pollution and Disability-Its Dimensions ,by Padma, published in journal of Indian Law
Institute,2002

property. Similarly,in the Indian Succession Act, 1925 which applies in the case of intestate and
testamentary succession there is no provision which deprives the disabled from inheriting
ancestral property. The position with regard to Parsis and the Muslims is the same. In fact a
disabled person can also dispose his property by writing a `will' provided he understands the
import and consequence of writing a will at the time that a Will is written. For example, a person
of unsound mind can write a Will during periods of sanity. Even blind persons or those who are
deaf and dumb can write their Wills if they understand the import and consequence of writing a
Will.
The disabled and the labour laws4
Do the disabled have the right of employment?
Do they have the right to be employed in jobs where their disability does not interfere with the
discharge of their duties? Do the disabled workmen have any special rights in labour law? What
if a non disabled employee becomes disabled in the course of employment? What right does a
workman have who becomes disabled outside his employment? Has the law made any provisions
to take care of the legal rights of the disabled employees? These are many of the questions that
arise when we talk of the disabled in relation to the labour laws.
The labour laws of our country aim at creating harmonious industrial relations between the
management and the workmen and secure congenial and safe working conditions for the
workmen, and provide for their health and security. These laws apply equally to the disabled and
the non-disabled in general. There may be special provisions made for the benefit of disabled
workmen such as job quota for the disabled, reservation of particular jobs for the disabled,
concessions in the performance and output of the disabled, adjustment of working conditions for
the disabled, particular relief and considerations for the disabled in the matter of pay, allowances,
timings of work, travel to and fro to work, medical attention and entertainment for the disabled.
The rights of the disabled have not been spelt out so well in the labour legislations but provisions
which cater to the disabled in their relationship with the employer are contained in delegated
legislations such as rules , regulations and standing orders.
A disabled employer may have some preference for the disabled employees. A worker in a
factory loses one arm in a factory accident disabling him from the work he was doing. He is then
taken in as a lift man which he can operate with one hand. A driver of a transport company
permanently damages his legs in a road accident on duty. He is adjusted in a table work. A
person becomes disabled during employment and the employer cannot adjust him anywhere.
What would be the nature of compensation which the employer must hand out before asking the
disabled worker to leave. Some of the rights of workers who become disabled during the course
of employment are entitled to compensation as per the Workmen's compensation Act, 1930 and
are entitled to treatment under the Employees' State Insurance Act, 1948.

Rights of Persons Disabled During Employment, by S.C.Srivastava, published in journal of Indian Law
Institute,2002

The service rules of the Government provide that an employee who becomes disabled should be
adjusted in a post where his disability will not prevent him from rendering work.
Employers generally do not take responsibility for the worker who becomes disabled by any
accident or event incurred outside his employment hours. The law supports the employer in his
legal stand. It is only compassion which can persuade the employer to continue with such
disabled worker after adjusting him in a suitable work. There is therefore a need for the law to
make provisions for the worker in such circumstances. The rights of the disabled employees
must balance with the need of the employers and their work situation. Deprivation of work due
to disability should be ruled out.
Driving Licence to a Disabled Person
Under the Motor Vehicles Act, 1988 driving licence is given to a person subject to such person
being found physically and mentally fit to drive a vehicle on the road. For this a registered
medical practitioner appointed for the purpose by the State Government upon examination has to
certify that the person is, to the best of his judgement, medically fit to hold a driving licence. If it
is certified that the person is not fit to hold a driving licence, no driving licence is issued to such
person. In the medical test, the person must not suffer from any defect of vision (unless corrected
by suitable spectacles), is able to readily distinguish the pigmentary colours red and green, is
able to distinguish a motor car number plate at a distance of 25 meters in good day light, does not
suffer from a degree of deafness which would prevent his hearing the ordinary sound signal, does
not suffer from night blindness. He should not have any defect or deformity or loss of memory
which would interfere with the efficient performance of his duties as a driver. Special attention is
given by the medical practitioner to a person's distant vision, hearing ability, condition of the
arms, legs, hands and joints of both extremities. A person who passes the medical test as above
will be entitled to a driving licence. A disabled person will therefore have the right to obtain a
driving licence depending upon the condition of the disability and his ability to clear the medical
test. Some vehicles are so designed as to enable an orthopedically disabled person to drive the
same if he can demonstrate that his vision, hearing and locomotor movements will not interfere
with his driving. Section 16 of the Motor Vehicles Act, 1988 empowers a licensing authority to
revoke a driving licence if it has reasonable grounds to believe that the holder of a driving
licence is, by reason of any disease or disability unfit to drive a motor vehicle. Section 186 of the
said Act provides that whoever drives a motor vehicle in any public place when he is to his
knowledge suffering from any disease or disability calculated to cause his driving of the vehicle
to be a source of danger to the public, he shall be prosecuted and punished and be made liable for
payment of fine from Rupees 200/- to 500/-.
The disabled and judicial procedure5
Those who are physically and mentally fit can sue others for their rights. The disabled on the
other hand have to depend upon the fit person to take his matter to court, which means the
dependence of the disabled on the non disabled in matters of pursuing his legal rights is fraught
with the risk of being beguiled/misled and even cheated. Under the procedure followed by the
courts as per the procedural laws a minor and a person of unsound mind can be represented by
his next friend or guardian . Any other person who has capacity to enforce his rights can appoint
5

Role of Judiciary,by Amita Dhanda, published in journal of Indian Law Institute,2002

an agent by means of a power of attorney. There is no provision in the law of procedure which
permits safe representation on behalf of a disabled person that is a person whose disability is of a
kind other than unsoundness of mind. The procedure of the courts must also be flexible enough
to make concessions and adjustments where the litigant is physically and mentally disabled. The
law must be specific and such matters cannot be allowed to remain at the whims and fancies of
an individual judge or the vagaries caused by the opposite parties.
The law however makes no distinction in the competence of a disabled person to enforce his
legal rights as a suitor, defendant , witness or in the various rights that are available to a suitor,
defendant, appellant or respondent. Sections 11 and 12 of the Contract Act, 1872 renders a
person of unsound mind incapable of entering into contract or transfering property. Also they
have no right of franchise.
In matters of punishment, the judicial and legal system do not make any concessional provisions
for the disabled accused and this depends largely on the kindness and discretion of the judge. No
disabled person who is found guilty of a criminal offence or a civil liability can claim any special
treatment before the judicial authority and procedure. However special procedures have been laid
down in sections 328 to 339 of the Criminal Procedure Code, 1973 for trial of accused persons of
unsound mind who are incapable of making their defence. S.84 of the IPC excepts a person who
does any offence if he is in capable of knowing the nature of the act, or that he is doing what is
either wrong or contrary to law.
The difficulties encountered by the disabled in pursuit of their legal remedies has to be addressed
through measures of legal reform so that the disabled find it convenient and easy to follow
judicial remedies. A disabled person should not be objected to his entering a court room with
crutches or other aids. Efforts need to be made to treat the disabled with consideration and
courtesy.
Under the Designs Act, 1911 which deals with the law relating to protection of designs any
person having jurisdiction in respect of the property of a disabled person (who is incapable of
making any statement or doing anything required to be done under this Act) may be appointed by
the Court under Section 74, to make such statement or do such thing in the name and on behalf
of the person subject to the disability. The disability may be lunacy or other disability.
Disabled Person as a Witness in Court
It has been provided in Section 118 of the Evidence Act, 1872 that all persons shall be competent
to testify before a court unless the Court considers that the witness is prevented from
understanding the questions put to them, or from giving rational answers to those questions
because of their tender age, extreme old age, disease, whether of body or mind, or any other
cause of the same kind. Even a lunatic person is competent to testify as a witness, unless he is
prevented by his lunacy from understanding the questions put to him and giving rational answers
to them.
From the above, it would be clear that a disabled person is competent to testify as a witness in a
court unless he is prevented because of his disability from understanding the questions put to him

and giving rational answers to them. In the case of a person with impaired hearing, so long as he
is able to understand the questions put to him through use of sign language, and can answer them
he is a competent witness. The court may, in such cases take the assistance of an expert in sign
languages to facilitate communication with the Court. Similarly, a person with impaired vision
can also be a competent witness so long as he can understand the questions put to him and
answer them rationally.
So far as a person who is unable to speak, a specific provision is contained in Section 119 of the
Evidence Act, 1872. This section provides that a witness who is unable to speak may give his
evidence in any other manner in which he can make it intelligible, as by writing or by signs. But
such writing must be written and the signs made in open court. Evidence so given shall be
deemed to be oral evidence.
No disabled person therefore, can be prevented from testifying as a witness in a court of law or
other authority empowered to receive evidence. Each instance of a disabled person coming to
tender evidence in court will have to be seen in the light of the nature of disability and the
inability of such person to tender evidence that the court can take on record.
The disabled and Income Tax Laws6
The Income Tax Act, 1961 recognises the plight of the disabled and allows concessions to the
blind or those subject to permanent physical disability or to those subject to mental retardation
and also allows deductions incurred on the maintenance of the disabled. It also allows deductions
and rebate in the case of senior citizens who are more than 65 years of age.
Section 80U of the said Act provides that in computing the total income of an individual, being a
resident, who at the end of the previous year, is suffering from a permanent physical disability
(including blindness) or is subject to mental retardation being a permanent physical disability or
mental retardation specified in the rules made in this behalf by the Central Board of Direct Taxes
which is certified by a physician, a Surgeon, an oculist or a psychiatrist, as the case may be,
working in a Government hospital, and which has the effect of reducing considerably such
individual's capacity for normal work or engaging in a gainful employment or occupation, there
shall be allowed a deduction of a sum of Rs. 50,000 with enhanced limit of Rs. 75,000 for the
severely disabled. Such individual has to produce the aforesaid certificate before the Assessing
Officer in respect of the first assessment year for which he claims deduction under this Section.
Rule 11D substituted w.e.f. 1.4.92 by IT (Third Amend) Rules, 1992 for the purposes of Section
80U
14. permanent physical disability shall be regarded as a permanent physical disability
if it falls in any one of the categories specified below, namely.
1. permanent physical disability of more than 50% in one limb; or
2. permanent physical disability of more than 60% in two or more limbs; or
3. permanent deafness with hearing impairment of 71 decibels and above, or
4. permanent and total loss of voice.
6

The Income Tax Act,1961

15. mental retardation shallbe regarded as a mental retardation if intelligence quotient

is less than 50 on a test with a mean of 100 and a standard deviation of 15 such as
the Wechsle Scale;
16. blindness shall be regarded as a permanent physical disability, if it is incurable
and falls in any one of the categories specified below, namely:
All with corrections
Better eye

Worse eye

(a)

6/60-4/60
or
field of vision
110-20

3/60 to Nil

(b)

3/60 to 1/60
or
field of vision
100

F.C. at 1 foot to Nil

(c)

F.C. at 1 foot to Nil

or
field vision 100

F.C. at 1 foot to Nil

or
field of vision 100

(d)

Total absence of sight

Total absence of sight

17.
Under Section 80DD of the Income Tax Act, 1961 it has been provided that
deductions will be available to an assessee resident in India, being an individual
or Hindu Undivided Family in respect of maintenance including medical
treatment of a handicapped dependant. It provides that where the assessee during
the previous year has incurred any expenditure for the medical treatment
(including nursing) training and rehabilitation of a handicapped dependant, or
paid or deposited any amount under a scheme framed in this behalf by the Life
Insurance Corporation of India or Unit Trust of India and approved by the Central
Board of Direct Taxes in this behalf for the maintenance of a handicapped
dependant, in that event the assessee will be allowed deduction of a sum of Rs.
50,000 in respect of the previous year. The deduction shall be allowed only if a
scheme of LIC or UTI provides for payment of annuity or lump-sum amount for
the benefit of a handicapped dependant in the event of the death of the individual
or the member of the HUF in whose name subscription to the scheme has been
made. The assessee has to nominate either the handicapped dependant or any
other person or a trust to receive the payment on his behalf for the benefit of the
handicapped dependant. If the handicapped dependant pre-deceases the individual
or member of the HUF the amount so deposited shall be deemed to be the income
of the assessee of the previous year in which such amount is received by the
assessee and shall be chargeable to tax as income of that previous year. This
Section also provides that a `Governmental hospital' includes a departmental

dispensary whether full-time or part-time established and run by a department of

the Government for the medical attendance and treatment of a class or classes of
Government servants and members of their family. Such hospitals may be
maintained by a local authority or any other hospital with which arrangement
have been made by the Government for the treatment of the Government servants.
A handicapped dependant, has been defined to mean a person who is a relative of
the individual or a member of the Hindu Undivided Family and is not dependant
on any person other than such individual or HUF for his support or maintenance.
Also, the handicapped dependant should be suffering from a permanent physical
disability (including blindness) or is subject to mental retardation, being a
permanent physical disability or mental retardation specified in Rule 11A made
by the CBDT for the purpose of this Section. The said disability must be certified
by the physician, surgeon, oculist or a psychiatrist as the case may be working in
a Governmental hospital and which has the effect of reducing considerably such
person's capacity for normal work or engaging in a gainful employment or
occupation.
Rule 11A_For the purpose of Section 80DD,
1. permanent physical disability shall be regarded as a permanent physical
disability if it falls in any one of the categories specified below, namely:1. permanent physical disability of more than 50 per cent in one limb;
or
2. permanent physical disability of more than 60 per cent in two or
more limbs; or
3. permanent deafness with hearing impairment of 71 decibels and
above; or
4. permanent and total loss of voice;
2. blindness shall be regarded as a permanent physical disability, if it is
incurable and falls in any one of the categories specified below, namely:All with corrections
Better eye

Worse eye

(a)

6/60-4/60
or field of vision
110-20

3/60 to Nil

(b)

3/60 to 1/60
or
field of vision
100

F.C. at 1 foot to Nil

(c)

F.C. at 1 foot to Nil

or
field vision 100

F.C. at 1 foot to Nil

or
field of vision 100

(d)

Total absence of sight

Total absence of sight

3. mental retardation shall be regarded as a mental retardation if intelligence

quotient is less than 50 on a test with a mean of 100 and a standard
deviation of 15 such as the Wechsle scale.
The understanding as to what constituted disability under the law was
brought in line with the Persons with Disability Act, 1995 by the Finance
Act, 2003 for income earned during the financial year 2003-2004. Prior to
the Finance Act disability was referred to as handicap and was defined in
Rule 11A and 11D of the Income Tax Rules. To avail of any benefit or
exemption a person had to have a permanent physical disability which
included disability arising out of loss of limbs, speech, sight and hearing to
the extent specified. This was required to be certified by Government
Doctor specialising in the respective field. Income Tax law accepted
disability to be incurable while describing it as a permanent physical
disability. Under the Persons with Disability Act, 1955 disabled has to be
treated as defined in the said Act even if it may be cured after some time.
Curable disability or disability which is severe now but may not be severe
later requires to be certified for a limited period. The burden of proof for
such certification lies on the disabled. Since disability has a larger
meaning and includes those who are leprosy cured or with locomotor
disability and mentally ill, these will come to be covered by the Income
Tax also. The Income Tax return has a column in which disabled assessee
will have to fill for deduction claimed under Section 80U. An original
disability certificate will have to be attached at time of the first
application. In successive years the photocopy of the same can be
submitted, provided the disability is of a permanent kind. Under Section
800DD the deduction limit has been increased to Rs. 50,000 per annum
from Rs. 40,000. It has been certified by CBDT by its Circular No. 702
dated 3.4.1995 that in respect of any expenditure on maintenance
admissible under Section 80DD there is no need for proof of expenditure
as long as the person has incurred some expenditure and provides the
necessary certificate of disability. Where the disability is a severe one, the
deduction is of Rs. 75,000. By the Finance Act, 2004 those suffering from
autism, cerebral palsy and multiple disability have also been included
within the purview of the Income Tax for claiming deduction under
Section 80U and 80DD. In the case of transport allowance for blind or
orthopedically disabled employees for commuting between their residence
and places of employment, they can get exemption to the extent of Rs. 800
per month. If they happen to be blind or orthopedically handicapped with
disability of lower extremities, the transport allowance will be exempted
upto Rs. 1600 per month under Rule 2BB of the Income Tax Rules.
However, this allowance will be exclusive of the salary or has to be
separately given as the exemption is not deductible from the salary itself.
Under the Finance Act, 2003 a certificate of disability for a limited
number of years where the nature of disability requires re-assessment has
to be submitted. The disability certificate will have to be renewed after the

expiry of the period specified in the original certificate, wherever it is for a

limited period. Further, voluntary agencies engaged in providing
education, voluntary training and other assistance for the physically
challenged and underprivileged members of the society or engaged in
charitable or other activities of general public utility, are given some tax
benefits. Under Section 80G of the Income Tax Act, 1961 the exemption
is subject to registration and other requirements laid down under the said
Act. Donations made to such voluntary agencies and institutions are
eligible for deduction of 50 per cent of their donations to such institutions
from their income.
Consider legislation in the United Kingdom. We have the Disability Discrimination Act,
1995. Discrimination on the ground of disability is not acceptable in law, in certain fields
of activity. Discrimination is defined as treating a person less favourably because of his
or her disability.
Since 1997, in the fifteen member states of the European Union, we have Article 13 of
the consolidated treaty. This directs European Union institutions to introduce measures
against discrimination based on disability. Last year saw the introduction of a directive on
discrimination in employment.
The United Nations is planning a comprehensive and integral international convention
on the protection and promotion of the rights and dignity of persons with disabilities.
This is likely to be slow-moving. However, since 1993, we have had the (not legally
binding) United Nations standard rules for the equalisation of opportunities for persons
with disabilities, which have had some effect on state legislation.
In 1992, disability living allowance was introduced, reflecting the fact that blind people
need compensation to enable them to meet the cost of increased daily living expenses.
Other forms of statutory support have given blind people rights to a decent standard of
living.
The second half of the twentieth century saw dramatic advances in many areas of technology.
First, the tape recorder; then the extraordinary progress of television. And finally, computers,
with information and communication technology.
Tape recorders made it much easier for blind workers to carry out clerical and administrative
tasks. If they proved they could do a job as speedily and efficiently as the next man, they had a
right to be employed.
Access to television, as a leisure interest, enabled blind people to enjoy a mainstream activity.
We have established the need for audio description of television programmes a commentary
using the natural gaps in speech to explain what is happening on the screen. The Broadcasting
Act, 1996, recognised this need, and it lays down targets which broadcasters must meet thus,
giving a right to blind persons. But we are, just now, in the frustrating situation that, although we
have that right, we cannot exercise it because the necessary receiving equipment is not available.

Above all, computers were made accessible to blind people who quickly became programmers,
analysts and trainers. But even more, a blind professional could use a computer with voice
synthesis or a Braille display to access all the information available to a sighted colleague.
All this sounds miraculous, and compared with twenty-five years ago, it is. But nothing moves
faster than technology, and we have to run in order to stand still.