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Policy and Law > Frequently asked questions

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Question: Does the Disabilities Act provide for employment in the private sector?

Answer: There are no reservations for the private sector. However, the Act mandates that the government must announce schemes providing incentives to employers in public and private sectors to ensure that at least 5 percent of the workforce comprises persons with disabilities.

Question: How does the Act protect a disabled person from discrimination at work?

Answer: The Act stresses that employers must provide for a non-handicapping environment in places where persons with disabilities are employed.The Act also mandates that:

• A disabled person working in any government establishment cannot be denied promotion merely on the ground of his disability.
• Anyone employed in a government establishment who acquires a disability during his employment:
  • Cannot be dispensed with or reduced in rank.
  • If, after acquiring the disability, an employee is not suitable to continue on his post, he may be shifted to a suitable post with the same pay-scale and service benefits.
  • Pending availability of a suitable post, a supernumerary post should be created for such a person.

Question: Does the Act promote entrepreneurship/ownership amongst disabled people?

Answer: Yes, the Disabilities Act provides for preferential allotment of land to disabled persons at concessional rates by the government for building their own houses, setting up of any business or factories and establishing special schools, research centres or special recreational centres.

Question: What are the goals of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995?

• To integrate persons with disabilities and to provide them with opportunities for full participation in society
• To create a society in which disabled persons would enjoy equal status on par with non-disabled persons

Question: Are all disabled people entitled to the benefits of the Disabilities Act?

Answer: The general benefits of the Disabilities Act are meant for all disabled persons. However, the rights earmarked specially for “persons with disability” are for only those affected by any of the following disabilities, to the extent of 40 percent or more, as certified by a recognised medical authority:

• Blindness.
• Low-vision.
• Leprosy-cured.
• Hearing impairment.
• Locomotor disability, or any form of cerebral palsy.
• Mental retardation.
• Mental illness.

Question: How does the Disabilities Act set out to achieve its goals?

Answer: To achieve its goals, the Disabilities Act provides for the following:

• Education of disabled persons.
• Employment of disabled persons.
• Special facilities for disabled persons for use and access of public transport system, civic amenities and public buildings/places.
• Preferential allotment to help disabled persons set up businesses and factories, build own houses, special schools and special recreation centres.
• Prevention and early detection of disabilities.
• Rehabilitation and social security of disabled persons.
• Research and manpower development on disability issues.
• Recognition of institutions for disabled persons.
• Setting up of dedicated authorities at central and state levels, for “coordination”, “execution” and “adjudication” with regard to implementing the Act.

If you want to ask a question, please click here to access the F.A.Q. form

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