Essay – Responsibility of the state towards the disabled
Responsibility of the state towards the disabled Essay: Every human being in our society is entrusted with rights. In this regard, the state is immensely responsible towards the disabled. Article 41 of the Directive Principles of State Policy gives effective provision for securing the right to educate, work and also provide public assistance in case of disablement. This bears evidence to the fact that the state is responsible towards the disabled. In addition, the subject of relief to the disabled is mentioned in the state list of the seventh schedule of the constitution. There are principles that are stated to be incorporated for the empowerment of persons suffering from any kind of disability. In addition, the principles further state that disability shall be regarded as a social concern and a significant human rights issue.
Discussion
The Rights of Persons With Disabilities Act 2016 has replaced the person with disabilities Act of 1995. The types of disability under this Act have been increased from 7 to 21 ranging from blindness, low-vision, leprosy, menstrual illness, cerebral play, learning disabilities, speech disability, hearing impairment to muscular dystrophy, acid attack victim, thalassemia, autism and chronic neurological conditions. In addition, the Act has exacerbated the quantum of reservation for people undergoing disabilities from 3 per cent to 4 per cent in government jobs. Children suffering from benchmark disability between the 6 and 18 have also been given the cases to avail of free education. For instance, the Ali Yavar Jung National Institute of Speech and Hearing Disabilities works as an autonomous body focused on imparting education to children suffering from disabilities.
The State Commissioner and the Chief Commissioner for persons with disabilities act as the grievance redressal agencies and regulatory bodies to monitor the implementation of the Act. In addition, the Act also provides penalties for offences that are committed against persons with disabilities. Inclusive education was also initiated wherein the students having disabilities can learn together and the teaching and learning system can well adapt to the needs of the child who are differently abled.
Like every person, the differently abled person has also the right to access and practise religion. Article 21 of the constitution states that every person including the differently abled has the liberty to practice his/her own religion. It further states that there can be no trafficking of human beings including the disabled. Article 24 forbids the employment of children below the age of 14 in any hazardous activity including disabled children as well. In addition, no disabled shall ever be deprived of the language or script reading of the religion to which he belongs.
Every disabled person can reach out to the Supreme Court for enforcement of fundamental rights and the redressal of their grievances. Also, no disabled person can be deprived of property except by the law of authority as the right to property does not always count as a fundamental right. Finally, every disabled person, on attaining the age of 18 shall get his name included in the general electoral role to which he belongs.
Conclusion
To conclude it can be said that, the state is taking every possible measure to safeguard the interest of disabled persons. In addition, the state is acting in a responsible manner to ensure that all the needs of disabled persons are met. Laws related to education, the right to property, the right to vote, and the right to practice religion are a few of the many rights that are imposed to ensure that disabled people lead happy, safe and prosperous lives.
FAQs
Q1. Which law replaced the Disability Act of 1995.
Ans: Rights of persons suffering with disabilities Act 2016 has replaced the aforementioned Act.
Q2. Which Article of DPSP ensures the right to education for disabled persons?
Ans: Article 41 of the Directive Principles of State Policy offers effective provisions for securing the right to education in case of disablement.
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