Effecting Reservation in Jobs for Persons with Disabilities IPA T. D. DHARIYAL Dy. Chief Commissioner O/o Chief Commissioner for Persons with Disabilities Ministry of Social Justice & Empowerment. Feb 26, 2009 Bangalore. Mechanism for protection of Rights of PwDs.
Effecting Reservation in Jobs for Persons with Disabilities
T. D. DHARIYAL
Dy. Chief Commissioner
O/o Chief Commissionerfor Persons with Disabilities
Ministry of Social Justice & Empowerment
Feb 26, 2009
Mechanism for protection of Rights of PwDs
IMPAIRMENT, DISABILITY & HANDICAP
‘Impairment’ : An Impairment is any loss or abnormality in structure or function, psychological, physiological or anatomical.
‘Disability’ : Disability is a mental or physical condition that restricts an individual’s ability to engage in substantial gainful activity in the manner or within the range considered normal for a human being for short or long-term.
‘Handicap’ : Handicap is a disadvantage for a person due to impairment or a disability that limits or prevents him or her form functioning at a normal rate for that person.
As per PWD Act, Disability means -
A PWD means a person suffering from 40% or more disability
Persons with Disabilities- 2% of Population
7% secondary level & above
93% below secondary level
18% secondary level & above
82% below secondary level
How do PwDs get Deprived of Entitlements?
Work place, public buildings, transport to be accessible to persons with disabilities.
MHA OM No 14/11/65-ESTT. (D) dated 02.03.1965
OM No 39016/6/77-Estt ( C ) dated 4.11.1977
(a)identify posts in establishment which can be reserved for Persons with disabilities;
(b)at periodical interval not exceeding 3 years review the list of identified post and update the list taking into consideration the developments in technology
Latest list notified by the Ministry of Social Justice and empowerment in Jan 07 for Group A&B and March 07 for Group C& D
Lists applicable to all Central Govt. organizations/ PSUs
Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent(it can be more) for persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from -
Provided, that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
AP High Court Order dated 18.11.2002 in W.P. No. 1294/02 – Andhra Pradesh University
Para 2 (ii) of DOP&T OM dated 9.12.2005
Para 5 of DOP&T OM dated 29.12.2005
Para 13&14 of DOP&T OM dated 29.12.2005
Order dated 19.3.02 of Supreme Court in WP (civil) No 115/98
Para 22 of DOP&T OM dated 29.12.05
STARDARD FORMAT OF THE DISABILITY CERTIFICATE
UNCRPD – General Principals
If everyone took five minutes each day to go out of his way to make someone else’s life a little better, think how much better this world could be!