Definition, Categories (Benchmark Disabilities) & the Legal Provisions for PwD in India
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"Benchmark disabilities" refers to a specific classification of disabilities recognized under legal or governmental frameworks. In the context of disability laws, particularly in countries like India, "benchmark disabilities" are those conditions that result in a certain degree of impairment, typically defined as 40% or more. Individuals with benchmark disabilities are often entitled to various rights, benefits, and concessions under disability welfare programs, including access to education, employment, and healthcare.
Benchmark disabilities refer to certain categories of disabilities where the degree of impairment is more severe. These individuals are entitled to special provisions in areas such as education, employment, and social welfare schemes. The classification aims to ensure that persons with significant functional limitations receive additional support.
Table of Contents
1. Concept & Definitions
Definitions:
- 1. India (Rights of Persons with Disabilities Act, 2016)
A benchmark disability is defined as a disability where the degree of impairment is 40% or more. The Act lists 21 conditions as recognized disabilities, including blindness, low vision, hearing impairment, loco motor disabilities, intellectual disabilities, and others.
- 2. World Health Organization (WHO)
While the WHO doesn't explicitly define "benchmark disabilities," it uses the term "disability" more broadly as any condition of the body or mind that makes it difficult for a person to carry out certain activities or interact with the world around them. Benchmark disabilities, in this context, would be significant impairments based on certain measurable criteria (like a 40% impairment threshold).
- 3. United States (Americans with Disabilities Act, ADA)
The ADA doesn’t use the term "benchmark disabilities," but it does define a disability as a physical or mental impairment that substantially limits one or more major life activities. Benchmark disabilities, if the concept were used, would likely refer to those that significantly impact an individual’s ability to function.
2. Categories of Benchmark Disabilities
- 1. Physical Disabilities: These are disabilities related to the physical structure and movement of the body. Examples include:
- Loco motor disability: Impairment of bones, joints, or muscles leading to restricted movement.
- Leprosy-cured persons: Individuals who have been cured of leprosy but have residual physical disabilities.
- Cerebral palsy: A condition affecting movement and muscle coordination.
- Dwarfism: A medical condition leading to short stature due to genetic or medical reasons.
- Muscular dystrophy: A group of genetic disorders that cause progressive muscle weakness.
- 2. Visual Impairments:
- Blindness: Total absence of sight or very limited vision that affects functioning.
- Low vision: A condition where visual impairment cannot be fully corrected and significantly affects daily life.
- 3. Hearing Impairments:
- Deafness: Hearing loss of 70 decibels or more in both ears.
- Hard of hearing: Hearing loss between 60 and 70 decibels in the better ear.
- 4. Speech and Language Disability:
- Speech impairment: Conditions affecting a person’s ability to communicate verbally, such as stammering or dysphonia.
- 5. Intellectual Disabilities:
- Intellectual disability: A condition characterized by significant limitations in both intellectual functioning and adaptive behaviour, affecting social and practical skills.
- Specific learning disabilities: Disorders affecting one's ability to understand or use language, leading to issues with reading, writing, or arithmetic.
- Autism spectrum disorder: A developmental disorder that affects communication and behaviour, often characterized by challenges with social interaction.
- 6. Mental Behaviour Disorders:
- Mental illness: A clinically significant behavioural or psychological syndrome that results in significant distress or disability.
- 7. Chronic Neurological Conditions:
- Multiple sclerosis: A disease in which the immune system attacks the protective covering of nerves.
- Parkinson's disease: A progressive nervous system disorder that affects movement.
- 8. Blood Disorders:
- Haemophilia: A condition in which blood doesn't clot normally.
- Thalassemia: A genetic blood disorder affecting haemoglobin production.
- Sickle cell disease: A group of inherited red blood cell disorders.
- 9. Multiple Disabilities: Individuals with two or more of the above-mentioned disabilities.
3. Legal Provisions for Benchmark Disabilities
- 1. Reservation in Education and Employment:
- Government jobs: The Act mandates a 4% reservation for persons with benchmark disabilities in government employment.
- Educational institutions: A 5% reservation is provided for PWDs in government and aided higher educational institutions.
- 2. Concessions and Benefits:
- Persons with benchmark disabilities are entitled to various schemes and financial support measures such as pensions, scholarships, and subsidies for assistive devices.
- Tax exemptions: Income tax laws in India provide for tax deductions under Sections 80U and 80DD for persons with disabilities and for dependents of persons with disabilities.
- 3. Accessibility and Non-discrimination:
- The RPWD Act ensures that persons with benchmark disabilities have access to barrier-free environments in public spaces, including buildings, transportation, and digital services.
- It also mandates reasonable accommodation and non-discrimination in both public and private sectors.
- 4. Health and Rehabilitation:
- The government must provide free healthcare services to persons with benchmark disabilities and ensure inclusive education and rehabilitation services.
4. Benefits and Provisions under the RPwD Act, 2016:
- 1. Reservation in Education:
- 5% reservation for persons with benchmark disabilities in government and government-aided higher educational institutions.
- Inclusive education policies are mandated, ensuring reasonable accommodations, trained staff, and modified curricula for students with disabilities.
- 2. Reservation in Employment:
- 4% reservation in government jobs for persons with benchmark disabilities.
- Employers are required to provide reasonable accommodations at the workplace, ensuring that employees with disabilities are not discriminated against.
- 3. Concessions in Transport:
- Persons with benchmark disabilities are entitled to concessions in public transport including free travel in some states, railway concessions and subsidies in air travel for both domestic and international travel.
- 4. Social Security & Financial Benefits:
- The government provides various social security schemes such as disability pensions, scholarships for education, and subsidies for purchasing assistive devices.
- Tax benefits: Individuals with benchmark disabilities or their guardians are eligible for tax deductions under the Income Tax Act.
- Section 80U: Provides tax deductions for persons with disabilities.
- Section 80DD: Offers tax deductions for families with dependents with disabilities.
- 5. Access to Healthcare:
- Persons with benchmark disabilities are entitled to free healthcare in government hospitals.
- Priority is given for various medical services, including treatment, rehabilitation, and early intervention programs.
- 6. Rehabilitation Services:
- The Act mandates the establishment of rehabilitation centres to provide persons with benchmark disabilities access to physical, psychological, and vocational rehabilitation services.
- 7. Pension Schemes:
- Various state governments offer disability pension schemes for persons with benchmark disabilities. The pension amount and eligibility criteria may vary from state to state.
- 8. Subsidies for Assistive Devices:
- Persons with benchmark disabilities are eligible for subsidies to purchase assistive devices such as wheelchairs, hearing aids, prosthetics, and other equipment that helps improve their quality of life.
- 9. Legal Guardianship and Representation:
- The RPWD Act provides for legal guardianship of persons with intellectual disabilities or mental illness when required. This legal framework ensures that persons with severe disabilities have representatives to make decisions on their behalf.
- 10. Non-Discrimination & Equal Opportunity:
- Employers, educational institutions, and service providers are legally obligated to provide non-discriminatory environments.
- Persons with benchmark disabilities have the right to reasonable accommodations in all areas of life, including employment, education, and housing.
- 11. Accessibility Rights:
- The Act mandates that all public buildings, transportation systems, information and communication technology, and public spaces must be accessible to persons with benchmark disabilities.
- Private entities providing public services, including transport operators, must also ensure accessible infrastructure and services.
- 12. Right to Vote and Political Participation:
- Persons with benchmark disabilities are entitled to accessible voting rights and participation in political processes.
- Polling booths must be accessible, and assistive devices are provided to enable independent voting.
- 13. Grievance Redressal Mechanisms:
- The RPWD Act requires the establishment of grievance redressal mechanisms to handle complaints regarding violations of the rights of persons with benchmark disabilities.
- Persons with disabilities can approach State Disability Commissions or District Disability Officers for support in case of grievances.
- 14. Inclusive Sports & Culture:
- The government promotes the participation of persons with benchmark disabilities in sports, recreation, and cultural activities. Inclusive sporting events and opportunities are organized for people with disabilities.
- 15. Right to Property and Livelihood:
- Persons with benchmark disabilities have equal rights to inheritance, property ownership and the means of livelihood.
- The government promotes self-employment and entrepreneurship through schemes specifically targeted at persons with disabilities.
- 16. Financial Aid for Accessible Housing:
- Financial schemes to support the construction of accessible housing for persons with benchmark disabilities are available through various state and central government programs.
- 17. Public Awareness and Sensitization Programs:
- The RPWD Act encourages the government and organizations to conduct awareness programs aimed at reducing the stigma and discrimination faced by persons with benchmark disabilities.
These provisions aim to empower persons with benchmark disabilities by ensuring equal rights, access to services, and full participation in society.
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