Disability Laws in India
Keywords:
Disability, Discrimination, Rights, Minority, MarginalityAbstract
Disability is a complex social issue and it is increasingly becoming a major concern all over the world. The number of disabled people is increasing across the world due to various reasons. Disabled people comprise a significant minority in most countries and their number also constitutes one of the largest minorities in the world. Traditionally, disability has long been considered to be an index of marginality. They faced direct and indirect discrimination and were not able to enjoy the full spectrum of civil, political, social, cultural and economic rights.
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References
Martha C. Nussbaum, Frontiers of Justice: Disability, Nationality, Species Membership 1 (Oxford University Press: New Delhi, 2007)
Jose Murickam S. J and Georgekutty K., Persons with Disabilities in Society 2 (Kerala Federation of the Blind: Trivandrum, 1995)
James D. Wolfensohn, “Poor, Disabled and Shut Out”, Washington Post, Dec. 3, 2002
World Health Organization, World Report on Disability, 2011
Ibid.
The World Bank recognizes that increases in global disability are a serious threat to economic development and political stability [Gary L. Albrecht, Katherine D. Seelman and Michael Bury, “Introduction: The Formation of Disability Studies” in Gary L. Albrecht, Katherine D. Seelman and Michael Bury (eds.), Handbook of Disability Studies 7 (Sage Publications: Thousand Oaks, 2001);
Colin Barnes, Geof Mercer and Tom Shakespeare, Exploring Disability: A Sociological Introduction 11 (Polity Press: Cambridge, UK, 1999)
Samuel R. Bagenstos, “Comparative Disability Employment Law from an American Perspective”, 24 Comparative Labor Law and Policy Journal 656 (2003)
Office of the High Commissioner for Human Rights, Monitoring the Convention on the Rights of Persons with Disabilities: Guidance for Human Rights Monitors, p. 8,
Mike Oliver, “The Personal Tragedy Theory of Disability and the Social Model”
Arlene S. Kanter, “The Law: What’s Disability Studies Got to Do with It or An Introduction to Disability Legal Studies”, 42(2) Columbia Human Rights Law Review 420 (Winter 2011)
Colin Barnes and Mike Oliver, “Disability: A Sociological Phenomenon Ignored by Sociologists”, June 1993
Peter Jones, “Human Rights, Group Rights, and Peoples’ Rights”, 21 Human Rights Quarterly 83 (1999)
Section 2 (b) of the PWD Act; for deciding the blindness, the visual acuity as well as field of vision has been considered
Section 2 (1) of the PWD Ac
Section 2 (n) of the PWD Act
In the case of PratapNarain Singh Deo vs. SrinivasSabata (AIR 1976 SC 222), it was held that where the workman, who was a carpenter, accidentally lost his left hand due to amputation above the elbow, the partial disability is permanent because a carpenter cannot work with one hand. An amputation of the arm of a carpenter was taken to result in 100 per cent loss of earning capacity.
The “permanent partial disability” has further been defined to include incapacitating the performance of a person’s work altogether in the case of Ramakrishna vs. Employee's State Insurance Corporation [2001 A.CJ. 51 (Kerala) 119]
Arlene S. Kanter, “The Law: What’s Disability Studies Got to Do with It or An Introduction to Disability Legal Studies”, 42(2) Columbia Human Rights Law Review 420 (Winter 2011)
Colin Barnes and Mike Oliver, “Disability: A Sociological Phenomenon Ignored by Sociologists”, June 1993
Colin Barnes, Geof Mercer and Tom Shakespeare, Exploring Disability: A Sociological Introduction 11 (Polity Press: Cambridge, UK, 1999)
James D. Wolfensohn, “Poor, Disabled and Shut Out”, Washington Post, Dec. 3, 2002
Jose Murickam S. J and Georgekutty K., Persons with Disabilities in Society 2 (Kerala Federation of the Blind: Trivandrum, 1995)
Martha C. Nussbaum, Frontiers of Justice: Disability, Nationality, Species Membership 1 (Oxford University Press: New Delhi, 2007)
Michael Ashley Stein and Penelope J.S. Stein, Broadly stated, first generation rights are thought to include prohibitions against State interference with rights that include life, movement, thought, expression, association, religion, and political participation, 1205-6
Mike Oliver, “The Personal Tragedy Theory of Disability and the Social Model”
MoizTundawala “Empowering the Disabled Through Inclusive Education”, 2007
Peter Jones, “Human Rights, Group Rights, and Peoples’ Rights”, 21 Human Rights Quarterly 83 (1999)
Rebecca Yeo, “Disability, Poverty and the New Development Agenda”, Disability Knowledge and Research Programme, 2005, p. 4
Roscoe Pound, “Legal Rights”, 26(1) International Journal of Ethics 105-6 (October 1915
Samuel R. Bagenstos, “Comparative Disability Employment Law from an American Perspective”, 24 Comparative Labor Law and Policy Journal 656 (2003)
World Health Organization, World Report on Disability, 2011
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