Legal Definition Of Disability In India
INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE. By Martin Luther King Jr.
The disabled too are equal citizens of the country as guaranteed under article 14 of the Indian Constitution and have as much share in its resources as any other citizen .The denial of their rights would not only be unjust and unfair to them and family but would create larger and graver problems for the society at large, What the law permits to them is no charity, or largesse but their right as equal citizens of the country. According to the census 2001, there are 2.19 crore persons with disabilities in India who constitute 2.13 per cent of the total
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The legal definition of disability has been an issue of much debate. Despite the efforts of the World Health Organization, which resulted in the International Classification of Functioning, Disability, and Health (ICF), there is no international universal legal definition of liability. Disability –related definitions vary greatly from country to country. A recent study on definitions of Disability in various European Union countries has shown that these definitions vary not only from country to country but also within each country. While there are similarities between the definitions of disabilities in some areas of social policy legal disability definitions in countries differ with respect to income maintenance, employment measures or social assistance with daily life …show more content…
The ILO defines a disabled person as an individual whose prospects of securing, retaining and advancing in suitable employment are substantially reduced as a result of a duly recognized physical or mental impairment.
Americans with Disabilities Act, 1990 (ADA) classifies an individual as disabled who (1) has a physical or mental impairment that substantially limits one or more life activities; or (2) has a record of such impairment ; or (3) is regarded as having such an important. Narrowing our definition, let’s have a glance at the definitions prevailing in India.
DEFINITIONS PREVAILING IN INDIA
In the Indian pretext, Disability shall have the meaning assigned to it in clause (i) of section 2 of the persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and includes “autism”, “Cerebral palsy”, and “multiple disabilities” referred to in clause (a), (c) and (h) of Section 2 of the National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation
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