Chirag Ngo

NGO Training Report @ society for the physically handicapped.
MAHARAJA SAYAJIRAO UNIVERSITY

FACULTY OF LAW
LLB (GENERAL)
FIRST YEAR 2015 2016
INTERNSHIP OF ONE MONTH AT NGO
SOCIETY FOR THE PHYSICALLY HANDICAPPED.
SUBMITED TO: SUBMITED BY:

FACULTY OF LAW YASHPAL SUWANSIA
M.S. UNIVERSITY L.L.B.(GENERAL). 1SSEM
VADODARA ROLL NO:
ACADEMIC YEAR: 2015-16
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INTRODUCTION
THE SOCIETY FOR THE PHYSICALLY HANDICAPPED,

E.M.E ROAD,
MAJUR MAHAJAN SOCIETY NAKA,
VADODARA-390002.
SUPERVISOR FROM NGO :- PRAVIN SIR

START INTERNSHIP DATE :- 08TH SEPTEMBER 2017
END OF INTERSHIP DATE :- 8TH OCTOBER 2017
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ACKNOWLEDGEMENT
I, YASHPAL SUWANSIA, hereby take chance to acknowledge, appreciate and thank the
support, guidance, vision provided to me by various executives at SOCIETY FOR THE
PHYSICALLY HANDICAPPED (NGO).
A special thanks to organision for allowing to take opportunity and providing at basic
framework of various principles, introducing me to various legal systems, Government
Agencies, a well informed and deep knowledge about working of various Legislature,
Executives and Judiciary system of India. Discussions about new amended laws for
handicapped person, Constitutional features and their implications and various other current
affairs discussion with legal points. Discussion on theoretical topics as per statue that what
ought to be (normative theory, spirit, motive, preamble and rule of law) and what is in
practice (positive theory and pragmatic approaches various Executives, publics servants,
politicians employ to meet present ends).
Sincere respects and Thanks to Patrick Christy who was our guide at NGO. Patrick has not
only shown genuine interest in our groups learning but he has also taken interest in
personal learning methodology of various team members, their needs to achieve required
working knowledge and his efforts to maximize gains out of the training schedule for each
individual deserves outstanding applaud.
I would also like to thank every Team member who was with me in group, for providing
their efforts and their understanding.
Finally, last but not least, I would like to thank to each individual that I came in contact in
the course of training; this acknowledgement is for their inputs, time share and their
knowledge idea sharing efforts.
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INDEX
1 INTRODUCTION 1
2 ACKNOWLEDGEMENT 3
3 CERTIFICATE 3.1
4 INTRODUCTION OF NGO 5
5 OBJECTIVE AND FUNCTION 6
6 DAILY ACTIVITY 10
7 RELATED LAWS 16
8 STUDY UNDERTAKEN 56
9 OBVERSATION 61
10 CONCLUSION 66
11 REFRENCE 67
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INTRODUCTION
A Vadodara based voluntary organization was established in the year-1976, having premises of
11,000 sq.ft. With two floored infrastructure. Its recognized by the government of India. It is
devoting services for the welfare, betterment, up-liftmen & development of Differently able
community all around Vadodara district more than 2000 enrolled family members.
Aim:
Serving the needs and developing new identity of physically challenged person as a differently
able personality
Status:
Voluntary Organization
Funding:
Donation from the institution like GSFC, IPCL, etc. or also received the individual donation.
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OBJECTIVES AND FUNCTION
The certain objectives of the agency are as follows:

For realization of hopes and aspiration of person with disabilities.
Help them in discovering their ability, exposing their potentials and equipping them
accordingly to achieve a new identity.
It assist them in to cross over the world of the disability to a different ability and from
sympathy to empathy-
A world of new millennium
Certain programs for the differently able community are to rehabilitate them so as to give
them status, renewed confidence, self-esteem, an optimum level of self sufficiency and an
opportunity to engage in social contact.
In spite of having such challenges, they have challenged the challenge differently, in
different field, in various aspects of life and thus now it has Become worth and a matter
of proud to call them a- Differently Able Bodies
Functions of the NGO.

(SPH- the society for the physically handicapped):
Take measures to create barrier free environment.

Assist in accessibility of equal opportunity and protection of life.
Providing Educational Aids.
Organizing Medical Check-up camps, distribution of aids and appliances as per needs.
Employment placement services.
Devising self employment and vocational training program and supplying aids.
Up-liftment of social status.
Free Physiotherapy treatment to disabled.
Dissemination of information about scholarship, concession loan, etc.
Organizing sports and culture activities.
Organizing life partner selection fair and marriage counseling.
Computer training centre.
Conducting survey for identification of differently able community as per the guidelines
of Govt. of Gujarat under Maharshi Asta Vakra Samudya Viklang punesvaram Yojana.
Educational Training:
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SPH gives computer training through its own computer training center. It also provides
other training. Eg. Radio / TV repairing, motor rewinding, automobiles repairing etc.
Educational Aids:
SPH every year provides note books/ uniforms etc. to all needy physically challenged,
motivates the students by giving prize and encourages the parents such children as well as
children of physically challenged couples.
Job Placement:
SPH organizes face to face group meetings with employees, needy physically challenged
and employment exchanges from time to time. Over last 27 years many physically
challenged are employed in private / public sector industry by these efforts.
Self Employment:
To promote self employment opportunities training, guidelines & canalization is
provided.
Upliftment of Social Status:
SPH organizes marriage fairs from time to time with positive results. SPH also gives
opportunities for cultural upliftment by organizing various cultural completitions round
the year.
Rehabilitation Aids:
SPH every year distributes many crutches, calipers, tricycles , wheelchairs with the help
of individual /institutional donors. Blessing of such beneficiary has always inspired SPH
& donors to continue this activity vigorously.
Sports Activity:
SPH trains the physically challenged for national sports meet and its gives pleasure to
inform that many of sports persons wins prize every year. it is also organizes such
national/state/district/level sports/tournaments every year.
Physiotherapy:
SPH has its own physiotherapy center with latest equipments and qualified /experienced
physiotherapist catering free services to all physically challenged and token free services
to any other patient.
Over and above all these activities,with complete devotion and dedication SHP has played
a dominant role in the upliftmen of persons with disabilities in each & every sphere of
their life ceaselessly since 1972.it has proved and history reveals that:
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Disabled prefer to work than to live on charity

Disability= (ability)
Disabled can be productive
Recognize my disabilities Emphasize my possibilities
Accessibility makes disabled to differently abled....
Disabled are not emotional abilities to the society
A continuous Process - An Appeal

SHP is not content to rest on its laurels.It knows that much more needs to be
done,many differently able persons needs to be touched by it guiding spirit.To
meet the aspiration of the Differently abled Community ,SPH has planned
following:
Training in Desktop Publishing , Computer Art ,Graphics and Animation.
Mobile reparing Training & Mobile repairing kit distribution to physically
challenged person.
kite making training
Apparels Manufacturing unit & Tailoring Classes.
Repairs of home appliances and electronic equipments.
Achivements & Awards

SPH has been honoured of MANAV DHARM MAHAN Awards by Lions Clubs of
Vadodara.
Many of our fellows members have individually been honoured by state level as
well as National level Awards in the field of Cultural ,sports, as an Employee , and is
a matter of proud to highlights that our Ex-president has also one of them.
Through today, SPH claims that is has performed so much in the forgoing years,
never less SPH remembers that these performance & achievements were possible
due to warm, healthy and spontaneas support lent by various
Institutions,Bussiness Houses , Industrial units and by personal contribution of
Individuals ti,me to time.Goverment as well as Mahanagar seva sadan helped SPH
whenever approached and needed.
SPH and all its members once again looks to its members once again looks to its
esteemed donors,patrons and genius persons like you to be generous in helping
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SPH in cash or kind. DONATIONS are exempted under Section 80(G) of Income Tax
Act-1961.
The main objective of all above welfare programs for the differntly abled
community is to rehabiliatate them so as to give them status, renewed
confidence,self esteem, an optimum level of self sufficiency and an opportunity to
engage in social contact.
In spite of having such challenged, they have challenged differently, indifferent
field, in various aspect of life and thus now it has become worth and a matter of
proud to call them a "DIFFERENTLY ABLED BODIES"
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DAILY ACTIVITY
First Visit at NGO, Introduction of ourselves and NGO Executives.
Date: - 8 TO 16TH OCTOBER 2015

Time: - 10:30 am to 3:30 pm.
On 8th OCT. on arrival at NGO, we were introduced to , Director at (NGO). They gave us
orientation at NGO and induction about whole office. Their vision was shared with us. We
were given various books and pamphlets, brochures.
An introduction with Patrick Christy, who is Co-ordinator at NGO. In return we introduced

ourselves our basic background including educational, family and past work experiences.
What we were expecting at training at NGO.
A brief procedures at NGO and how they help to promote literacy about lawful rights,
human rights and justice to weaker s of society as well as educational academic students at
schools, colleges and universities.
As such this was the first batch of one month training, we were not many students, so only
three of us, formed up a group and we decided on timings that each would be able to
contribute towards our training.
We also decided topics on which each individual will study and briefly present same topic
next day at NGO, which will be supervised by Patrick Christy himself. This discussions
included all Lawful points to be chosen from two books.
We decided to take up topics individually and read it from the books given above. And
progressively present it in NGO meeting the next day with respective topics by group
members and then read together in question answer format.
We decided to discuss Constitutional Preamble, Fundamental Rights and Remedies on next
Day
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Date: - 19 TO 25rd OCTOBER 2015

Time: - 10:30 am to 3:30 pm.
On 9th OCT to 25rd. on arrival at NGO, we were introduced to , Director at (NGO). They
gave us orientation at NGO and induction about activity. Their vision was shared with us.
We were given various place and celebrate garba frestival.And also participate in stole of
pagarkha at garba frestival at united way of assocation at place of alembic.
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Date: - 8th OCTOBER to 8th NOVEMBER 2015

Time: - 10:30 am to 3:30 pm.
we observe and help to doing different type of social activity and also participated them.
Take measures to create barrier free environment.
Assist in accessibility of equal opportunity and protection of life.
Providing Educational Aids.
Organizing Medical Check-up camps, distribution of aids and appliances as per needs.
Employment placement services.
Devising self employment and vocational training program and supplying aids.
Up-liftment of social status.
Free Physiotherapy treatment to disabled.
Dissemination of information about scholarship, concession loan, etc.
Organizing sports and culture activities.
Organizing life partner selection fair and marriage counseling.
Computer training centre.
Conducting survey for identification of differently able community as per the guidelines of
Govt. of Gujarat under Maharshi Asta Vakra Samudya Viklang punesvaram Yojana.
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RELATED LAWS
THE PERSONS WITH DISABILITIES(PWD)
(EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL

PARTICIPATION) ACT, 199512
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 had come into enforcement on February 7, 1996. It is a significant
step which ensures equal opportunities for the people with disabilities and their full
participation in the nation building. The Act provides for both the preventive and
promotional aspects of rehabilitation like education, employment and vocational training,
reservation, research and manpower development, creation of barrier-free environment,
rehabilitation of persons with disability, unemployment allowance for the
disabled, special insurance scheme for the disabled employees and establishment of homes
for persons with severe disability etc.
Main Provisions of the Act:
Prevention and early detection of disabilities
- Surveys, investigations and research shall be conducted to ascertain the cause of
occurrence of disabilities.
- Various measures shall be taken to prevent disabilities. Staff at the Primary Health Centre
shall be trained to assist in this work.
- All the Children shall be screened once in a year for identifying at-risk cases.
- Awareness campaigns shall be launched and sponsored to disseminate information.
- Measures shall be taken for pre-natal, peri natal, and post-natal care of the mother and
child.
Education
- Every Child with disability shall have the rights to free education till the age of 18 years
in integrated schools or special schools.
- Appropriate transportation, removal of architectural barriers and restructuring of
modifications in the examination system shall be ensured for the benefit of children with
disabilities.
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Children with disabilities shall have the right to free books,

scholarships, uniform and other learning material.
Special Schools for children with disabilities shall be equipped with
vocational training facilities.
Non-formal education shall be promoted for children with
disabilities.
Teachers Training Institutions shall be established to develop
requisite manpower.
Parents may move to an appropriate forum for the redressal of
grievances regarding the placement of their children with disabilities.
Employment
- 3% of vacancies in government employment shall be reserved for people with disabilities,
1% each for the persons suffering from:
Blindness or Low Vision
Hearing Impairment
Locomotor Disabilities & Cerebral Palsy
Suitable Scheme shall be formulated for
The training and welfare of persons with disabilities
The relaxation of upper age limit
Regulating the employment
Health and Safety measures, and creation of a non-handicapping, environment in places
where persons with disabilities are employed.
- Government Educational Institutes and other Educational Institutes receiving grant from
Government shall reserve at least 3% seats for people with disabilities.
- No employee can be sacked or demoted if they become disabled during service, although
they can be moved to another post with the same pay and condition. No promotion can be
denied because of impairment.
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Affirmative Action
- Aids and Appliances shall be made available to the people with disabilities.
- Allotment of land shall be made at concessional rates to the people with disabilities for:
House
Business
Special Recreational Centres
Special Schools
Research Schools
Factories by Entrepreneurs with Disability,
Non-Discrimination
- Public building, rail compartments, buses, ships and air-crafts will be designed to give
easy access to the disabled people.
- In all public places and in waiting rooms, the toilets shall be wheel chair accessible.
Braille and sound symbols are also to be provided in all elevators (lifts).
- All the places of public utility shall be made barrier- free by providing the ramps.
Research and Manpower Development
- Research in the following areas shall be sponsored and promoted:
Prevention of Disability
Rehabilitation including community based rehabilitation
Development of Assisstive Devices.
- Job Identification
- On site Modifications of Offices and Factories
- Financial assistance shall be made available to the universities, other institutions of higher
learning, professional bodies and non-government research- units or institutions, for
undertaking research for special education, rehabilitation and manpower development.
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Social Security
- Financial assistance to non-government organizations for the rehabilitation of persons
with disabilities.
- Insurance coverage for the benefit of the government employees with disabilities.
- Unemployment allowance to the people with disabilities who are registered with the
special employment exchange for more than a year and could not find any gainful
occupation. Disability Laws In India: A Study :- Rajib Bhattacharyya 109
International Journal of Research (IJR) Vol-1, Issue-4, May 2014 ISSN 2348-6848
Grievance Redressal
- In case of violation of the rights as prescribed in this act, people with disabilities may
move an application to the:
- Chief Commissioner for Persons with Disabilities in the Centre, or
- Commissioner for Persons with Disabilities in the State.
THE MENTAL HEALTH ACT, 1987:13
Under the Mental Health Act, 1987 mentally ill persons are entitled to the following rights:
1. A right to be admitted, treated and cared in a psychiatric hospital or psychiatric nursing
home or convalescent home established or maintained by the Government or any other
person for the treatment and care of mentally ill persons (other than the general hospitals or
nursing homes of the Government).
2. Even mentally ill prisoners and minors have a right of treatment in psychiatric hospitals
or psychiatric nursing homes of the Government. 3. Minors under the age of 16 years,
persons addicted to alcohol or other drugs which lead to behavioral changes, and those
convicted of any offence are entitled to admission, treatment and care in separate
psychiatric hospitals or nursing homes established or maintained by the Government.
3. Mentally ill persons have the right to get regulated, directed and co-ordinated mental
health services from the Government. The Central Authority and the State Authorities set
up under the Act have the responsibility of such regulation and issue of licenses for
establishing and maintaining psychiatric hospitals and nursing homes.
4. Treatment at Government hospitals and nursing homes mentioned above can be obtained
either as in patient or on an out-patients basis.
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5. Mentally ill persons can seek voluntary admission in such hospitals or nursing homes and
minors can seek admission through their guardians. Admission can be sought for by the
relatives of the mentally ill person on behalf of the latter. Applications can also be made to
the local magistrate for grants of such (reception) orders.
6. The police have an obligation to take into protective custody a wandering or neglected
mentally ill person, and inform his relative, and also have to produce such a person before
the local magistrate for issue of reception orders.
7. Mentally ill persons have the right to be discharged when cured and entitled to leave
the mental health facility in accordance with the provisions in the Act.
8. Where mentally ill persons own properties including land which they cannot themselves
manage, the district court upon application has to protect and secure the management of
such properties by entrusting the same to a Court of Wards, by appointing guardians of
such mentally ill persons or appointment of managers of such property.
9. The costs of maintenance of mentally ill persons detained as in-patient in any
government
psychiatric hospital or nursing home shall be borne by the state government concerned
unless such costs have been agreed to be borne by the relative or other person on behalf of
the mentally ill person and no provision for such maintenance has been made by order of
the District Court. Such costs can also be borne out of the estate of the mentally ill person.
10. Mentally ill persons undergoing treatment shall not be subjected to any indignity
(whether physical or mental) or cruelty. Mentally ill persons cannot be used without their
own valid consent for purposes of research, though they could receive their diagnosis and
treatment.
11. Mentally ill persons who are entitled to any pay, pension, gratuity or any other form of
allowance from the government (such as government servants who become mentally ill
during their tenure) cannot be denied of such payments. The person who is in-charge of
such mentally person or his dependants will receive such payments after the magistrate has
certified the same.
12. A mentally ill person shall be entitled to the services of a legal practitioner by order of
the magistrate or district court if he has no means to engage a legal practitioner or his
circumstances so warrant in respect of proceedings under the Act.
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THE REHABILITATION COUNCIL OF INDIA ACT, 1992.14

This Act provides guarantees so as to ensure the good quality of services rendered by
various rehabilitation personnel. Following is the list of such guarantees:
1. To have the right to be served by trained and qualified rehabilitation professionals whose
names are borne on the Register maintained by the Council.
2. To have the guarantee of maintenance of minimum standards of education required for
recognition of rehabilitation qualification by universities or institutions in India.
3. To have the guarantee of maintenance of standards of
professional conduct and ethics by rehabilitation professionals in order to protect against
the penalty of disciplinary action and removal from the Register of the Council.
4. To have the guarantee of regulation of the profession of rehabilitation professionals by a
statutory council under the control of the central government and within the bounds
prescribed by the statute.
THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM,

CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILTIES
ACT, 1999.15
1. The Central Government has the obligation to set up, in accordance with this Act and for
the purpose of the benefit of the disabled, the National Trust for Welfare of Persons with
Autism, Cerebral Palsy, Mental Retardation and Multiple Disability at New Delhi.
2. The National Trust created by the Central Government has to ensure that the objects for
which it has been set up as enshrined in Section 10 of this Act have to be fulfilled.
3. It is an obligation on part of the Board of Trustees of the National Trust so as to make
arrangements for an adequate standard of living of any beneficiary named in any request
received by it, and to provide financial assistance to the registered organizations for
carrying out any approved programme for the benefit of disabled.
4. Disabled persons have the right to be placed under guardianship appointed by the Local
Level Committees in accordance with the provisions of the Act. The guardians so
appointed will have the obligation to be responsible for the disabled person and their
property and required to be accountable for the same.
5. A disabled person has the right to have his guardian removed under certain conditions.
These include an abuse or neglect of the disabled, or neglect or misappropriation of the
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6. Whenever the Board of Trustees are unable to perform or have persistently made default
in their performance of duties, a registered
organization for the disabled can complain to the central government to have the Board of
Trustees superseded and/or reconstituted.
7. The National Trust shall be bound by the provisions of this Act regarding its
accountability, monitoring finance, accounts and audit.
JUDICIARY AND THE DISABLED

The Indian Judiciary has played a very significant role in developing the human rights of
the disabled persons. In a number of cases the Supreme Court and the High Courts
interpreted the disability legislations furthering the objectives contained therein. The
extraordinary powers vested in the Supreme Court under Articles 32 and 142, and the High
Courts under Article 226 of the Constitution of India, have ensured that the rights of the
citizens, and more specifically, that of the disabled citizens, are not trampled upon.
keeping in view the object of the persons with disabilities Act, 1995, directed creation of
various free environment for person with disabilities and making special proviso ions for
their rehabilitation, medical care, education, employment, training and protection of their
rights.
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CONSTITUTIONAL AND LEGISLATIVE PROVISIONS RELATING TO THE

DISABLED.
Constitutional Provisions The framers of the Constitution of India seemed to have been
aware of the problems of the weaker sections of the society and the disabled persons.
Ensuring social and economic equality and justice also would require that some
constitutional provisions should be made for the physically and mentally disabled.
We find that such provisions have indeed, been made which are found scattered in different
parts of the Constitution.
Although according to Entry 9 in the List II of Schedule 7 of the Constitution, the subject of
'Relief to the disabled and unemployable' is the responsibility of the State Governments, in
practice, the Central Government also has a major role to play in, this field.
The Ministry of Welfare has been identified as the nodal Ministry by the Government for
the welfare of the disabled.1 A brief survey of the constitutional and legislative provisions
would enable us to have an idea of the concern shown by the Constitution-makers and
different governments towards the disabled ever since the establishment of Indian Republic.
Some such provisions which have been could have been and can be utilized for the
upliftment of the disabled, are reproduced below.
(a) The Preamble, providing the very wide ambit, promises: We, the people of India, having
solemnly resolved to secure Justice, social, economic and political, Equality of status and
opportunity and fraternity assuring the dignity of the individual enact and give to ourselves
this Constitution.2
(b) The State shall not deny to any person equality before the law or the equal protection of
laws within the territory of India.3
(c) Nothing in this (Article 15) shall prevent the State from making any special provision
for the advancement of any socially and educationally backward classes of citizens.4
(d) Nothing in this (Article 16) shall prevent the state from making any provision for the
reservation of appointments or posts in favor of any backward class of citizens which, in
the opinion of the State, is not adequately represented in the services under' the State.5
(e) No person shall be deprived of his life or personal liberty except according to procedure
established by law.6
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Though the fundamental rights listed above, in a way, do not have a specific mention of the
physically handicapped or disabled, yet they do pertain to the socially, economically and
educationally backward class of people.
But the Ministry of Social Welfare has already recommended that the disabled be treated
equal to women and other weaker sections of the community.7
The fundamental rights give more emphasis on political equality and justice. It is the
Directive Principles of State Policy, which become more relevant while bringing about
social and economic equality and justice which should be the main concern of the State and
the society when it comes to doing something for the welfare and rehabilitation of the
disabled.
Directive principles of State Policy can be used as guidelines by the governments from time
to time to undo injustice and step-motherly treatment meted out to this hapless and helpless
section of Indian society for centuries.
Some of the Directive Principles of State Policy which pertain to and can be a guiding spirit
for the amelioration of the conditions of the disabled are reproduced below:
Article 14 4 Article 15 (4) 5 Article 16 (4) 6 Article 21 7 Government of India (1994):
The Persons with Disabilities ( Security and Rehabilitation) Bill, All poverty alleviation
programmes of the Central and State Governments or any other scheme for the benefit of
women or other weaker sections of the community shall be equally applicable to persons
with disabilities.", Ministry of Welfare.
(i) The provisions contained in the Directive Principles of State Policy8 shall not be
enforceable by any court, but the principles therein laid down are nevertheless fundamental
in the governance of the country and it shall be the duty of the State to apply these
principles in making laws.9
(ii) The State shall strive to promote the welfare of the people by securing and protecting as
effectively as it may, a social order in which justice, social, economic and political shall
inform all the institutions of the national life.10
(iii) The State shall, in particular, strive to minimize the inequalities in income, and to
Endeavour to eliminate inequalities in status; facilities and opportunities, not only amongst
individuals but also amongst groups of people residing in different areas or engaged in
different vocations.11
(iv) The State, in particular, shall direct its policy towards securing:12
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That the ownership and control of the material resources of the community are so
distributed as best to sub serve the common good; That the operation of the economic
system does not result in the concentration of wealth and means of production to the
common detriment; that the health and strength of workers, men and women, and the tender
age of children are not abused and that citizens are not forced by economic necessity to
enter a vocation unsuited to their age or strength;
(v) The State shall, within the limits of its economic capacity and development, make
effective provisions for securing the right to work, to education and to public assistance in
cases of unemployment, old age, sickness and disablement, and in other cases of
undeserved want.13
(vi) The State shall promote with special care the educational and economic interests of the
weaker sections of the people and shall protect them from social injustice and all forms of
exploitation.14
Constitution of India. 9 Article 37 10 Article 38 (1) 11 Article 38 (2) 12 See clauses (b),
(c) and (e) of Article 39 13 Article 41 14 Article 4
The word "justice" has different meanings for different disciplines. For example, the great
Greek philosopher, Plato regarded justice as principle of well- adjusted social life
witnessing an ideally harmonious combination of the three elements of human personality
with three corresponding classes of his perfect stage.
Different from this, in the realistic worlds of politics and law, justice is taken as a
harmonious reconciliation of the conduct of the individual with the general good of the
community.15 True that man is a selfish creature, it is required that his conduct must be in
tune with the well-being of the people as a whole.
Thus the essence of justice is the attainment of the common good as distinguished from
the good of the individuals or even the majority of them.16 Indian Constitution professes
to secure to all its citizens justice, social, economic and political, even though the form of
government prescribed by the Constitution is a majority government, which lies at the
foundation of the representative system.17
The important notable thing about the use of the word 'justice' in Indian Constitution is that
it has three distinct forms social, economic and political, social justice is the sine qua non of
a welfare state in as much as it prohibits discrimination on any artificial ground, it also
prohibits forces creating artificial social ground, it also prohibits forces creating artificial
social barriers like those of untouchability.
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As such, social justice demands equality along with liberty. In a country like India, it is
required that the State must make concerted efforts to improve the lot of the downtrodden
and weaker sections of the people.
The area of social justice widens itself as to cover the economic domain of a peoples life
for the obvious reason that it demands non-exploitation of the working class. Economic
justice is virtually a corollary to the social justice. It means non-discrimination between
man and man on the basis of economic values. It also implies adequate payment for equal
work for all.
If we have a look at the root of the rule of law, we find that law is the means, and justice,
the end, as James Madison, put it: Justice is the end of government. It is the end
15 J. C. Johari (1976): Indian Government and Politics, Vishal Publications, New Delhi, at
p. 146. 16 D.D. Basu (2003): Commentary on the Constitution of India, Vol.5, IV Ed.,
Prentice Hall of India Pvt. Ltd., Delhi at p. 71. 17 Ibid., at p 66
of civil society. It ever has been and ever will be pursued until it is obtained or until liberty
is lost in the pursuit.18
What is justice?
To render to each his due to the blind man his sight, to the dumb his speech, to the deaf his
hearing, to the retarded or deprived, restoration of impairment or absence of limbs or
faculty.19
Let this art and right be materialized in some measure for every disabled one to feel the
warmth of life. Sans a human order of rehabilitation for the disabled persons, the rule of
law, even if constitutionally sanctified, will be but the opium of the people.20
The Preamble includes the term equality and specifies its dimensions In respect of status
and opportunity.
The equality of status is provided by the prohibition of artificial restrictions on the grounds
of religion, race, sex, color, place of residence and the like. It is supplemented by the
prohibition of untouchability and by the abolition of titles.
At the same time equality of opportunity is provided by the guarantee of rule of law
signifying equality before law and nondiscrimination in matters of public appointments and
employment.
A great principle of the "Declaration of the Rights of Men and Citizens" as adopted by the
authors of the French Revolution is thus incorporated into the body of constitution which
says:
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"Men are free and remain free and equal in rights. Law is the expression of the general will.
It must be the same for all, whether it protects or punishes. All citizens, being equal in its
eyes, are equally eligible to all public dignities, places and employments, according to their
capabilities and without distinction than of their virtues and talents."21 The words
"capabilities" and "talents" are very significant, if one has the intention to do as much as
possible for the welfare of the disabled. Justice Krishna lyer, a perceptive thinker supports
this view:
"Rehabilitation is based on the philosophy that what a person is capable of doing is of
greater importance than that which he or she cannot do. It is an approach to life based on
the maximum of all the abilities each person may possess:22 The second last' ideal in the
Preamble is 'fraternity' ensuring the dignity of the individual. It seems to incorporate Article
1 of the Universal Declaration of the Human Rights of 1948 saying that "All human beings
are born free and equal in dignity and rights. They are endowed with reason and conscience
and should act towards one another in a spirit of brotherhood." The phrase "dignity of the
individual" signifies that the Constitution, as K. M. Munshi said, "is an instrument not only
ensuring material betterment and maintaining a democratic set up, but also recognizes that
the personality of every individual is sacred.
The directive contained in Article 38 provides that the State shall protect the welfare of the
people, as effectively as it may, a social order in which, justice social, economic and
political shall inform all the institutions of national life. With this end in view, it is further
stipulated that State shall direct its policy In securing inter alia, the adequate means of
livelihood for all citizens, equal pay for equal work for all, provision for work and
education for all the people, relief in case of unemployment, old age, sickness and
disablement and in other cases of undeserved want, a living wage and decent conditions of
work so as to ensure to the workers sufficient Leisure and raising the standard of living and
the improvement of public health.
In the light of various directive principles of State Policy, also called the "fundamental
axioms of State Policy,23 we may now examine some of the enactments that are in
consonance with the letter and spirit of these directives.
Legislation
A civilized and industrialized society requires social legislation in favor of workers, tenants
and loggers. Thus, the legislator is doing a work of equalization
which is to improve the lot and prospects of the less fortunate classes. This becomes all the
more necessary in a relatively less developed country like India. There is, indeed, an
immense need for social security measures in the country. An individual with limited
means cannot effectively provide for the risks to which he is exposed while at work. Indian
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government has not been unaware of the needs and problems faced by the workers. This
becomes evident from the plethora of legislation brought about by Parliament in this regard
from time to time. Regulatory jurisprudence has manifested itself in the form of labor laws
which are found scattered in various statutes passed at different times.
This branch of law has turned out to be a focal point for those seeking job able-bodied or
disabled persons. In the following text, we shall discuss some of the pieces of labor
legislation and shall evaluate: whether they discriminate against the disabled secondly,
whether they make provision for the rehabilitation of the workers becoming disabled in the
course of employment; and thirdly, how far they have in fact, ameliorated the conditions of
the disabled workers.
A deep probe into the provisions of various labor laws in our country shows that
enactments like Trade Unions Act, 1926,24 Payment of Wages Act, 1936,25 the
The passing of the Trade Unions Act, 1926 is an important landmark in the history of trade
union movement in the country. Now there is hardly any category of workers which has no
union of its own.
The importance of the trade unions lies in the fact that they encourage such collective
bargaining as ensures better terms and conditions of employment to the labour and at the
same time endeavors for maintenance of good relations between employer and employees.
In pre-independence days, the increase in cost of living, the country-wide political upsurge,
the industrial unrest and economic discontent led to a number of strikes by workers. It was
on many occasions that these strikes were successful in getting the demands of the workers
fulfilled.
The success in strikes and establishment of International Labour Organization influenced
the growth to the trade union movement in India.
This Act provides a procedure for the registration, obligations, rights and privileges of a
trade union. For any benefit to the members of the trade union, the Act does not
discriminate against the disabled member worker. 25 The Preamble of the Act states that
the object of the Act is to regulate the payment of wages to certain classes of employed
persons. It provides for a speedy and effective remedy to the employees in respect of their
claims arising out of illegal deductions or unjustified delay made in paying the wages to
them.
This Act was passed to do away with the prevalent practice (in England) whereby workers
were paid in goods or other forms.
The Act outlaws the old practice and provides that low paid workers must be paid in cash
and without any deductions other than those permissible by law. The Act as such deals with
employed persons and does not discriminate against the disabled workers.
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Industrial Employment: (Standing Orders) Act, 1946,26 The Industrial Disputes Act,
1947,27 The Minimum Wages Act, 1948,28The Factories Act' 1948,29 The Employees'
Provident Funds and Family Pension Fund Act, 1952,30 The Maternity Benefit Act,
1961,31 The Payment of Bonus Act, 196532 etc.
Enacted by the parliament are welfare
26 This Act provides for lying down of conditions of employment in industrial organization
in a clear and precise form.
The preamble to the Act provides "Whereas it is expedient to require employers in
industrial establishments to define with sufficient precision the conditions of employment
under them and to make the said conditions known to the workmen employed by them,
attempt is to have uniform service conditions in each establishment.
The Act provides for the framing of standing orders defining the conditions of recruitment,
discharge, disciplinary action, holidays, leave etc. In all industrial establishments to which
this Act applies. Model Standing Orders are appended to the Act for guidance and adoption
by the employer.
As such while framing the Standing Orders, the disabled workers are not discriminated
against under the Act. 27 The object of the Act is to harmonize the relations between the
employer and the employees and thereby to restore and maintain industrial peace. The
Object of the Act as laid down in the preamble of the Act is to make provision for the
investigation and peaceful settlement of the industrial disputes.
The Act is a progressive measure of social legislation aiming at the amelioration of the
conditions of the workmen in industry by preventing illegal strikes and lock-outs, providing
relief to workmen in the matter of lay-off, retrenchment and closure of an undertaking and
collective bargaining.
The statute deals with the situation arising after employment and does not make any
distinction between classes of workmen depending upon their physical attributes.
Hence it bears no discrimination between able and disabled employees. 28 The demand
supply formula determines the level of wages payable to workers in a free competitive
market. The Indian labour class, being illiterate, poor, and non-organized, is not well
equipped to protect its interests particularly, when the supply of the labour is always in
excess of the demand in the market.
The Minimum Wages Act, 1936 was enacted to prevent exploitation of the workers and for
this purpose is it aims at fixation of minimum wages which the employer must pay. In order
to fulfill this object of fixing minimum wages, the government appoints area-wise
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committees and advisory boards and after considering their advice along with the
representations from affected public, the minimum wages are fixed.
The government enjoys the power to include or exclude any industry from the schedule for
the application of this Act.
Along with these a couple of other enactments which need special attention are The
Apprentices Act, 1961; The Income Tax Act, 1961 and The Motor Vehicles Act, 1988. 4.3.
The Workmen's Compensation Act, 1923
The Workmen's34 Compensation Act, 192335 imposes an obligation upon employers to
pay compensation to workers for accidents (resulting into death or disablement) arising out
of and in the course of employment. Compensation is provided for temporary as well as
permanent disablement and also for partia136 or tota137
32 This Act is intended for a comprehensive legislative determination regarding the paying
of bonus to workers by the concerned industrial houses.
The bonus is supposed to be paid out of the surplus left after the prior charges of the
industry have been met with.
The concept of social justice, too, provides the base for the claim for bonus. It is supposed
to fill in the gap between the living wages and actual wages and could be linked with
productivity. It might also be called as deferred wages.
These Acts deal with conditions of employment, welfare fund for the workers, their leave
and social insurance, collection of statistics etc. Some of them pertain to employment of
children and young persons, others promise drinking water, ventilation and equipment for
work place.
All these Acts apply equally - both to able and disabled workers and hence are not
discriminating towards disabled persons.
The Act was framed with a view to provide for compensation to workmen
disabled/incapacitated by an injury from accident arising out of and in the course of
employment.
Rapid growth of industry with all its attendant complexities, increasing use of modern
complicated machinery and consequent danger to the workmen along with their poor
financial position to bear the cost of injury, and the awakening on the part of workers in the
form of Trade Unions, were the reasons which compelled the initiation of the Bill. It was
based on the philosophy that the cost of the product should bear the blood of the workmen.
35 Act No.8 of 1923 36 Section2(1)(g)
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Disablement. The liability of the employer to pay compensation is dependent upon the
following four conditions:
(1) Personal injury to the workman;
(2) such injury must have been caused by an accident;
(3) The accident must have arisen out of and in the course of employment; and
(4) The injury must have resulted either in death of the workman or in his total or partial
disablement for a period exceeding three days.
However, the employer shall not be liable to pay compensation in the following
cases:38
(1) If the injury did not result in total, or partial disablement for a period exceeding three
days;
(2) if injury does not result in death of the workman39 but causes him disablement, partial
or total, and the employer can prove:
The workman was at the time of accident under the influence of drinks or drug;
That the workman willfully disobeyed an order40 expressly given by the employer or a rule
expressly framed for the purpose of safety of workmen; and The workman having known
that certain safety- grounds or safety devices are specifically provided for the purpose of
securing the safety of workman, willfully disregarded or removed the same.
(1) Accident:
The expression 'accident' used in Section 3 has not been defined in the Act. But without any
controversy, we can say that the term 'accident' means some unexpected event happening
without design i. e. an unlooked for mishap or untoward
The basic and indispensable ingredient of the expression 'accident' is unexpected. Although
an accident means a particular occurrence which does happen at a time at some place but
the victim i.e., the workman may not be able to locate it exactly. It is not necessary, as well,
for him to locate it with exactness. There would be cases, where a series of tiny
(2) Arising out of and in the Course of Employment:
The most essential requirement for compensation under Section 3 is that an accident which
causes personal injury to the workman must 'arise out of and in the course of employment.
But this expression too, has not been defined as such by the Act but its meaning has been
settled by a series of judgments42 on the issue.
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The expression 'arising out of' suggests the cause of accident. It applies to employment, as
such, to its nature, its conditions, its obligations and its incidents.
The question that should be considered was the act which resulted in the injury so outside
the scope of the duties with which the workman was entrusted by his employer so as to/say
that the accident did not arise out of his employment?
The expression 'in the course of' points out to the place and circumstances under which the
accident took place and the time when it occurred.
It is not limited to the period of actual labor. It means during the currency of employment.
A casual connection or association between the injury by accident and employment is
necessary.
There may not be a direct connection between the injury caused by an accident and the
employment of the workman.
The distinction' between 'arising out of and 'arising in the course of' employment as pointed
out by Bombay High Court43 is that the latter suggests the point of time, i.e., the injury
must be caused during currency of employment and the former conveys the idea that there
must be some sort of connection between the employment and the injury caused to a
workman as a result of accident.
(3) Quantum of Compensation
Once it is proved by the claimant that the injury is by an accident arising out44 of and in the
course of employment, the court proceeds further for fixing the quantum of compensation
to be paid by the employer to the disabled worker (or his dependants in case of his death).
The Workmen's Compensation Act gives clear guidelines in assessing the quantum of
compensation. It shall be as follows:
Where injury results into death
an amount equal to forty percent of monthly wages of the deceased workman multiplied by
the relevant factor;45 or an amount of twenty thousand rupees whichever is more;
Where permanent total disablement results from the injury
an amount equal to fifty percent of the monthly wages of the injured workman multiplier by
the relevant factor;46 or an amount of twenty four thousand rupees, whichever is more;
Where permanent (i) partial disablement results from the injury
44 Section 4, Workmen's Compensation Act, 1923. 45 Explanation I to Section 4 (1)
explains 'relevant factor' as the factor specified in the second column of Schedule IV
against the entry in the first column of that Schedule specifying the number of years which
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are the same as the completed years of the age of the workman on his first birthday
immediately preceding the date on which the compensation fell due. 46 Ibid., at p.53
Where temporary disablement, total or partial, results from the injury.
a half-monthly payment of the sum equivalent to twenty-five percent of monthly wages of
the workman, to be paid in accordance with the provisions of sub-section (2) of the Section
4.
Sub-section (2) of section 4 reads as follows: The half-monthly payment referred to in
clause (d) of sub-section (1) shall be payable on the sixteenth day-
(1) From the date of disablement lasts for a period eight days or more, or where such of
twenty-
(2) After the expiry of a waiting period of three days from the date of disablement where
such disablement lasts for a period of less than twenty-eight days; and thereafter half
monthly during the disablement or during a period of five years, whichever period is
shorter;
Provided that-
(a) There shall be deducted from any lump-sum or half-monthly payments to which the
workman is entitled, the amount of any payment or allowance which the workman has
received from the employer by way of compensation during the period of disablement prior
to the receipt of such lump-sum or the first half-monthly payment, as the case may be; and
(b) No half-monthly shall in any case exceed the amount, if any, by which half the amount
of the monthly wages of the workman before the accident exceeds half the amount of such
wages which he is earning after the accident.
(4) Compensation not to be assigned, attached or charged
After assessing the amount of compensation payable to the disabled workman, the Act
intended to give further protection to the workman, from being deprived of the benefit of
compensation. Compensation granted to a workman cannot be assigned,
charged or attached by any process of law.47 It cannot be passed to another person by
operation of law. No claim can be passed to another person by operation of law.
No claim can be set-off against the same. Thus the Act makes it imperative that the amount
of compensation is to be paid to the workman entitled for it without any delay or
difficulties. But the dependants of a deceased workman have statutory right, to receive the
compensation in case of death of the workman concerned. Conditions precedent to the
award of compensation:
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The workmen's compensation scheme provides for payment of cash benefits in case
of-
(a) Temporary total disablement,48
(b) Permanent total disablement,49
(c) Temporary partial disablement,50
(d) Permanent partial disablement,51
(e) Death,52 and
(f) Occupational diseases.
Before compensation can be paid, certain conditions must be fulfilled:
(a) The injury, 'total' or 'partial' disablement must exceed 3 days.53
(b) Notice of the accident54 has to be given to the employer as soon as practicable after the
occurrence of the accident. No hard and fast rule can be laid down in regard to what is
meant by as soon as practicable. It depends upon the individual circumstances. Unless,
such notice is given, no claim for compensation is entertained in the Act.55 However, a
claim for compensation shall not be turned down for want of defect or irregularity in the
notice. The object of giving such notice is to enable the employer to check the fact of the
accident, having occurred to the workman in the course of his employment.
Also to enable the employer to take such steps as he may think fit to mitigate the
consequences of the accident.56
(c) Claim for compensation can be preferred before the Commissioner within two years of
the occurrence of the accident. However, the delay in filing the claim can be condoned if
sufficient cause is proved by the claimant.57
(d) The claimant must; not have instituted in a civil court a suit for damages in respect of
the injury against the employer or any other person for which he could have claimed
compensation under the Act.58
Workmans Evaluation Compensation to Workman's Restoration of the Workmen's
Compensation Act, 1923
An analysis of the provisions discussed in the fore-going text reveals that the Workmen's
Compensation Act, 1923 is intended to ameliorate the conditions of workers employed in
industries in the event of an accident arising out of and in the course of employment.
Enactment of this legislation by almost all the nations is an acknowledgement of the
principle that in this industrial age of dust, fumes and accidents, the society must bear the
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cost of necessary human wear and tear. The society, as a whole, must share the
responsibility to repair the effects of individual misfortune as a result of industrial
accidents.
Employer and about a personal injury60 but should include preventive and restorative
services, so that after proper treatment and training, the workman is in a position to
undertake fruitful and productive work.61
As far back as 1930, Commissioner Duxbury of Minnesota, formerly President of
International Association of Industrial Accident Boards and Commissions, in his address to
the national convention of that body, declared that the object of the compensation law was
"the economic rehabilitation of the employee.62 In a similar scholarly analysis of the
workmen's compensation laws before 1950 meeting of the same group, Marshall Dawson
indicated that such "economic rehabilitation" presupposed the employee's physical
restoration63. He stated further that:
Attention is again being directed to rehabilitation as the goal of workmen's compensation -
the word is used in its broad meaning as contrasting with 'indemnity. Success in
rehabilitation is necessarily the culmination of the performance of the workmen's
compensation system as a whole.64
The latter meeting of the Association65 to consider the role of compensation administrators
concluded:
Rehabilitation is the end results of the compensation process. If we, as compensation
administrators, fail to realize this important fundamental and are satisfied merely to sit back
and dole out to the injured workman a certain percentage of his wage then the entire
compensation process becomes archaic and outmoded.
Assisting and helping the injured workman to regain his former physical fitness
Arthur Larson (1961) "Changing Concepts in Workmen's Compensation", Nascca Law
journal, Administration of Workmen's Compensation Law at p. 36 and also J.N. Mallick
(1961):
"Workmen's Compensation Act and Some Problems of Procedure", Journal of Indian Law
Institute pp. 131-32 at p. 131. 61 Veer Singh (1984): Industrial Employment Injuries: A
Functional Study with Special Reference to India, Ph.D. thesis, Panjab University,
Chandigarh, at p. 211. 62 Bureau of Labor Statistics (1931):
Proceedings of 1930 Convention of International Association of Industrial Accident
Boards and Commissions, Bulletin no. 536 Washington, at p. 129. 63 Bureau of Labor
Standards (1950): Proceedings of 36th Annual Convention of International Association of
Industrial Accident Boards and Commissions, Bulletin No. 142, Washington pp. 61-62 at
Page 35 of 67
p.60. 64 Ibid., at p. 154 65 International Association of Industrial Accident Boards and

Commissions
following injury or industrial disease, in order that he may again become a productive,
useful member of society, is, in our considered opinion the responsibility of compensation
administrators.66 A rehabilitation committee, set up by the Association, in its report at the
1956 meeting of the Committee stated:
We can never compensate, in a monetary sense, for the self - respect and self - reliance they
have lost if their injury deprives them of the opportunity to be productive workers meeting
their responsibilities to their families and community.
We can possibly restore them physically and vocationally if we bring all out resources and
recently developed techniques and 'attitudes to bear on the problem.67
Arthur Larson, an authority on the subject of compensation to the injured workmen,
considers rehabilitation of the workman as a component and logical extension of the
compensation process.
He observes that industrial accident had two major phases: Prevention and Cure. The
spotlight now is on a third: Rehabilitation. Restitution is the proper remedy when money
damages will not restore something that is unique.68
Arthur Larson emphasized the need for a complete reorientation of the basic approach to
workman's compensation insurance and even suggested that the name "workmen's
compensation" be changed to workmen's restoration". His idea was to place the principal
emphasis on medical care and rehabilitation as a means to restore an injured worker to full
work capacity rather than limiting administrative concern to indemnity benefits.69
The Somers book, one of the most definitive Works in the field of workmen's
compensation, considers rehabilitation as of great of the system of
Bureau of Labor Standards (1953): Proceedings of 38th Annual Convention of
International Association of Industrial Accident Boards and Commissions, Bulletin No.
167, Washington, at p. 83. 67 Bureau of Labor Standards (1956): Proceedings of 42nd
Annual Convention of the International Association of the Industrial Accident Boards and
Commissions, Bulletin No.192, Washington, 1956 at 219. 68 Arthur Larson (1968): Law
of Workmens Compensation, Vol.2 pp. 260-61 at p. 260 and Veer Singh: Industrial
Employment Injuries, Supra, note 61 at p. 211. 69 Id.
significance In the further progress noting that "rehabilitation is obviously in the interest of
workmen's compensation. After both the injured worker and the employer, 70 the book
goes on to point out that:
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Successful orientation towards this new goal will require many difficult legislative and
administrative adjustments....
The strongest potential asset of the compensation programme is that it can make possible a
cohesive and continuous medical and maintenance program for the injured worker leading
to maximum physical adjustment and a return to economic productivity at highest capacity.
This is the job of such conspicuous importance that a program which, if affected efficiently,
would be hailed and unchallenged. Workmen's compensation has unique opportunity to
achieve this goal.71
The idea of converting disabled worker from welfare recipients to productive wage-earners,
tax-paying citizens dates back to the days of World War I from where it was picked up by
International Labor Organization which showed a keen interest in the rehabilitation of the
disabled worker. In order to assess the problem, committees of experts were set up, reports
were prepared and published.72 The various aspects of the problem were discussed
suggested that monetary compensation alone does not serve the purpose. The disabled
worker needs to be trained in such a way that he becomes financially independent.
The physical rehabilitation cannot be separated from the vocational rehabilitation. The
experts in medical rehabilitation should treat the disabled worker in such a way that the
subsequent vocational rehabilitation to him is facilitated.
The Workmen's Compensation Act, 1923 has been on the statute book for more than half a
century. The main object of this welfare legislation has been to
70 H.M. Somers (1974): Workmen's Compensation Prevention: Insurance and
Rehabilitation of Occupational Disability, John Wiley & Sons, New York, at p. 275. 71 Id.
72 International Labor Office (1921): The Compulsory Employment of Disabled Men,
Studies and Reports, series NO.2, Geneva International Labor Office, The Training and
Employment of Disabled Persons. Preliminary Report, Montreal Studies and Reports,
Series no. 7 (Geneva, 1945) International Labor office International labour Code, 1951
(Geneva, 1952) International Labour Office, The Vocational Training (Adults),
Recommendation No. 88 (Geneva, 1950).
Compensate in terms of cash, a worker who, unfortunately, has been rendered disabled
because of some accident occurred while he was at work.
No doubt, the worker at this stage needs hard cash to get him treated and be physically
independent as far as possible. With the passage of time, he is out of the trauma fully.
It is at this stage that nearly all the disabled people prefer to earn their livelihood rather than
be dependent upon the lum-sum monetary compensation and benefits which are soon
squandered and the disabled man is left without money at all.
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Hence he finds some other means, immoral or unlawful, to earn his livelihood. The result is
beggar or a bad boy.
It is with this background in mind that it is suggested that there should be provision in the
Act itself ensuring that disabled worker, subject to his limitations, is trained to his
capabilities, to get some suitable employment.
"This would not only be Lowering the compensation costs but also be beneficial to
employers, employees and the community.73 The most effective method of controlling
and reducing disability is through a 'good medical care programme and good rehabilitation
service.
By such a planned operation, a worker can be returned to the dignity of self-support and to
gain employment.74
The Workmen's Compensation law belongs to a category of legislation designed to
ameliorate the condition of the weaker section of the society.
The fact that the legislature has enacted a law to provide compensation to victims of
industrial accidents makes us often complacent that all is well.
The statutory and decisional materials create the impression that a victim of industrial
accident is adequately protected by the legal system and he or his dependent is bound to get
compensation in the event of his disability or death.75
From the discussion on various provisions and aspects of the Act in the foregoing text, we
come to the conclusion that the Workmen's Compensation Act,
1923 is intended' simply to compensate the persons injured in the process of production.
The scope is altogether different from that of normal life.76 The Act makes provision
neither for the prevention77 of industrial accidents nor rehabilitation78 of the victims. The
amount paid as compensation is too meager to set off the handicaps caused by the
disabilities incurred, nonetheless the law keeps it open for the injured to go to a court of law
to demand by way of a civil suit. The torments and hardships of civil litigation are
numerous to enumerate here.
The fact remains that hardly any civil litigation worth the name on this count exists in India.
The disabled person, who is surrounded by physical and financial hardships, finds its
convenient to shun this course of action.79 4.4.
The Employees' State Insurance Act, 1948. The need for social security schemes was felt
badly after World War II. Social security to the workers of an industry can be provided by a
self-balancing scheme of Social assistance and social insurance or a combination of the two
methods.
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The Workmen's Compensation Act, 1923 is the first legislation of this type towards social
security, which depends upon a number of factors viz., population, economic resources,
standard of living, and availability of technical experts and development of industry.
The Act of 1923 though designed to ameliorate the condition of the labor was in nature of
social assistance and not social insurance. The Employees' State Insurance Act, 1948 was
the first piece of social security enactment adopted in India. It aims at bringing about social
and economic justice to the poor and weaker class of the land. The relevant provisions of
the Act dealing with the rehabilitation of the disabled worker are discussed below:
76 Rama Mani (1988): The Physically Handicapped in India: Policy And Programme,
Ashish Publishing House, Delhi, at p. 50. 77 There is no possible way of compensating
adequately the disabled man or woman whose injury could have been avoided 98 per cent
of job injuries are probably preventable, Somers and Somers, Workmen's Compensation
Prevention, Insurance and Rehabilitation of Occupational Disability, supra, note 70 at 197.
78 H.H. Kessler (1953):
Rehabilitation of the Physically Handicapped, Workmen's Compensation laws fall short
of this goal by failing to include restoration of the worker to his former social and economic
position, Columbia University Press, New York, at p. 46. 79 Mani Rama (1999): The
Physically Handicapped in India, supra note 76 at p. 50.
Employment Injury
The following are the ingredients of the employment injury80:
(a) The injury must be personal to an employee.
(b) The injury must be caused by an
(i) Accident;81 or (ii) Occupational disease
(c) The accident must arise out of and in the course of employment.82
(d) The employment must be insurable.83
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Establishment of Employees' State Insurance Corporation

The Act provides that the Employee's State Insurance Corporation84 shall be established by
the Central Government by notification in the official Gazette.
The corporation shall be established with effect from such date as may be notified by the
Government. The function of the Corporation is the administration of the Scheme of
Employee's State Insurance in accordance with the provisions of this Act.
Corporations power to promote measures for health etc. of insured persons.85Section 19
of the Act empowers the Corporation to take steps for the benefit and rehabilitation of the
insured disabled workers. These measures permitted to be taken by the Corporation are in
addition to any benefit scheme specified in this Act.
The Section, provisional in nature, states. The Corporation may, in addition to the scheme
of benefits specified in the Act, promote measures for the improvement of the health and
welfare of insured persons and for the rehabilitation and re- employment of
80 Sub-section (8), Section 2. 81 The term 'accident' has discussed Workmen's
Compensation 1923. 82 The meaning of the expression 'arising out of and in the course of
employment' discussed under the Workmen's Compensation Act, 1923 applies to this Act
also. 83 Section 2(13-A) of the Act states that the expression Insurable Employment means
an employment in any factory or establishment to which this Act applies. 84 Section 3 85
Section 19
Insured persons who have been disabled or injured and may incur in respect of such
measures expenditure from the funds of the Corporation within such limits as may be
prescribed by the Central Government.86
Disablement Benefits:
The purpose of the Employee's State Insurance Act87 is to provide benefits as detailed in
the Act particularly in Section 46, to the insured' disabled persons. Any insured person shall
be entitled to periodical payments if
(a) he suffers from disablement;
(b) the disablement results from an employment injury; and
(c) He sustained the employment injury as an employee under conditions mentioned in the
Act.
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The disablement benefit is payable only when the injury is duly certified by an Insurance
Medical Officer. Another section dealing with the details of the disablement benefits is
section 5188 of the Act. This section provides for the payment of disablement benefit for -
(d) temporary disablement (which is payable only if it is for not less than three days
excluding the day of accident)
(e) permanent disablement, total or partial;
(f) The question of payment would be as provided in the First Schedule. In case of
permanent disablement total or partial - the payment may be for a limited period or for life.
86 Ibid., at p. 109 87 Section 46 and 51 88 Section 51 reads as follows, Subject to the
provisions of this Act and regulations, if any- a person who sustains temporary disablement
for not less than three days (excluding the day of accident), shall be entitled to periodical
payment for the period of such disablement in accordance with the provisions of the First
Schedule a person who sustains permanent disablement, whether total or partial shall be
entitled to periodical payment for such, disablement in accordance with the provisions of
First Schedule; Provided that where permanent disablement, whether total or partial, has
been assessed provisionally for a limited period or finally, the benefit provided under this
clause shall be payable for that limited period or as the case may be, for life.
- 106-
(g) Disablement benefit is periodical payment to the insured person. It is paid on account of
disablement resulting from an employment injury sustained as an employee under the Act.
Rate of Disablement Benefit:

The disablement benefit shall be payable to the insured person as follows89:
(a) for temporary disablement at the full rate;
(b) for permanent total disablement at the full rate;
(c) for permanent partial disablement resulting from an injury specified in Part II of the
Second Schedule, at such percentage of the full rate which would have been payable in case
of permanent total disablement as specified in the said Schedule as being the percentage of
loss of earning capacity caused by that injury;
(d) for permanent partial disablement result ting from an injury not specified in Part II of
the Second Schedule, at such percentage of the full ~ate payable in the case of permanent
total disablement as is proportionate to the loss of earning capacity permanently caused by
the injury;
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When more than one injury are caused by the same accident, the rate of benefit payable
under clauses (c) and (d) shall be aggregated but not so In any case as to exceed the full
rate.90
(e) In cases of disablement not covered by clauses (a), (b), (c) and (d) at such rate not
exceeding the full rate as may be provided in the regulations.
Conditions Requisite for Getting Disablement Benefit
The claimants91 of disablement benefit have to observe the following conditions:
(a) Notice of accident: Every insured person who sustains personal injury caused by
accident arising out of and in the course of employment in a factory or an
89 Id. 90 First Schedule, Explanation to Para 7 (a) 91 Regulations 7, 65 and 66 and Section
64
establishment shall give notice of such injury -either In writing or orally, as soon as
practicable after the happening of the accident92
Compliance of directions by the Corporation: Every claimant for and every beneficiary in
receipt of disablement benefit shall comply with every direction given to him by the
appropriate Regional Office which requires him either-
(b) to submit himself to medical examination by such medical authority as may be
appointed by that office for the purpose of determining the effect of the relevant
employment injury or the treatment appropriate to the relevant injury or loss of faculty, or
(c) to attend any vocational training courses or industrial rehabilitation courses provided by
any institution maintained by any Government, local authority or any public or private body
recognized for the purpose by the Corporation and considered appropriate by it in his
case.93
Other conditions
The conditions listed below also pertain to claim94of temporary disablement benefit.
However, such conditions are not be observed by the persons who are entitled to benefit on
account of permanent disablement:
(a) Such person shall remain under medical treatment at a dispensary, hospital, clinic or
other institution provided under the Act. He shall also carry out the instructions given by
the Medical Officer or medical attendant, in-charge thereof;
(b) he shall not, while under treatment do anything which might retard or prejudice his
chances of recovery;
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(c) he shall not leave the area in which medical treatment provided by the Act is being
given, without the permission of Medical Officer, medical attendant or such other authority
as may be specified in this behalf by regulations;
(d) He shall also allow himself to be examined by any duly appointed medical officer or
other person authorized by the Corporation in this behalf.
Benefit not assignable or attachable
Various benefits are payable95 in the form of periodical payments under the Act. Some of
them are payable to the insured persons only, while others are payable to the insured as well
as to his family or dependents.
The Act provides that none of these benefits payable under this Act shall be liable to
attachment or sale in execution of any decree or order of any court96Thus, the benefit is
made inalienable and is exempt from attachment,
No execution can lie against such a sum.97 4.4.3.5. Persons not entitled to receive benefits
in certain cases
Save as may be provided in the regulations98, no person shall be entitled to disablement
benefit for temporary disablement on any day on which he works or remains on leave or on
a holiday in respect of which he receives wages or on any day on which he remains on
strike. 4.4.3.6. Benefits not to be combined
The act lays down a prohibition99 against receiving two benefits at a time. An insured
person shall not be entitled to receive for the same period the following combinations of
benefits simultaneously:
(i) Sickness benefit and disablement benefit for temporary disablement; or
(ii) Both maternity benefit and disablement benefit for temporary disablement. The
insured person entitled to more than one benefits shall have an option to choose
one of the two benefits.
95 Section 60 96 Ibid., at p. 65. 97 Union of India v. Hira Devi A.I.R. 1952 SC 227 98
Section 63 99 Section 65
The Apprentices Act, 1961
In view of the rapid and large - scale industrial development100 of the country, there is an
increasing demand for the skilled craftsmen. Although, both in public and private sector,
certain establishments have been equipped to impart training of skilled workers in a
systematic manner, however, the majority in the industry has been lacking in such
programmes and arrangements. The result has been deterioration in the quality and increase
in the cost of production.
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For a long time the Government has been concerned about the question of undertaking
legislation for regulating the training of apprentices in industry.
The government considered it necessary to utilize the facilities available for the training of
apprentices.
Therefore, to ensure their training in accordance with the programmes, standards and
syllabi drawn up by expert bodies, the Apprentices Act was enacted in the year 1961. The
object of the Act is to meet an increasing demand for skilled craftsmen, in the development
of the country.
The Act provides for the regulation and control of training of apprentices in trade and for
matters connected therewith.101
According to the Act 102 a person shall not be qualified for being engaged as an
apprentice to undergo apprenticeship training in any designated trade, unless he -
(a) is not less than fourteen years of age, and
(b) Satisfies such standards of educational and physical fitness as may be prescribed.
Different standards may be prescribed in relation to apprenticeship training in different
designated trades and for different categories of apprentices.103 In exercise of this power
the government has made Apprenticeship Rules, 1962104
laying down the minimum physical standards which an apprentice must satisfy. These rules
are prescribed In Schedule I and II respectively of said Rules. Sub-clause (2) of Rule 4 of
the Apprenticeship Rules, 1962 makes provision for relaxation of the physical standards for
physically handicapped persons. Standard of Physical Fitness reads as follows:
(c) A person shall be eligible for being engaged as an apprentice if he satisfies the
minimum standards of physical fitness prescribed in Schedule II: provided that a person
who has undergone institutional training in a school or other institution recognized by the
National Councilor the All-India Councilor a statutory University or a State Board of
Technical Education and has passed the examination or tests conducted by these bodies or
is undergoing institutional training in a school or institution so recognized or affiliated in
order that he may acquire a degree or diploma in engineering or technology or equivalent
qualification shall, if he has already undergone medical examination in accordance with
rules for the admission to the school or institution, be deemed to have complied with the
provisions of this rule.105
(d) Without prejudice to the generality of the foregoing provision, where a physically
handicapped person registered at any Employment Exchange is declared either by the
Medical Board attached to Special Employment Exchange for the physically handicapped
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or the local Civil Surgeon where such Medical Board has not been constituted to be
physically fit for being engaged as an apprentice in any of the designated trades under the
Apprentices Act, 1961, he may be engaged as an apprentice in that trade.
The above provision is simply an enabling one. It does not vest any right in the physically
handicapped person to claim to be engaged as an apprentice in the trade or industry.
Employer normally hesitates in engaging the physically handicapped persons as apprentices
believing that by their engagement the production would be affected adversely and delayed
too. We do not have any statistical data regarding their
105 Sub-clause-II of Rule 4 and Notification No.1538 dated September 28, 1966
engagement in industrial training but certainly their number is not much. Situation can
improve for the disabled, if it is obligatory upon the employer to engage to some fixed
percentage, the physically handicapped persons as apprentices.
A critical appraisal of the provisions of the labour laws discussed in the foregoing part of
the chapter reveals that the problem or rehabilitation of the disabled is not met with by them
in an effective and comprehensive manner.
Strictly speaking, the two main laws (The Workmen's Compensation Act, 1923 and the
Employees' State Insurance Act, 1948) discussed here, cannot be said to be covering and
rehabilitating the disabled persons directly. And moreover, they become operative only
when misfortune renders an able-bodied person to be a disabled one.
The third law (The Apprentices Act, 1961) in the series does touch the physically
handicapped directly but this, too, does not impose any obligation upon the employer nor
does it lay down any penalty if employer does not engage a physically handicapped person
as an apprentice in the trade or industry.
Thus all these three laws have a limited application as they cover only persons engaged in
Industry.
Disabled outside the Industry seem to have been left to their own fate in absence of an
appropriate legislation. It hardly needs mention; therefore, that bringing about a proper
legislation in this regard should get the top priority. As compared to the advanced countries,
India has lagged far behind. 4.6. The Motor Vehicles Act, 1988
This Act is an amended version of the Motor Vehicles, Act 1939106 which consolidates the
law relating to motor vehicles. The Act of 1988, inter alia, takes into account the changes in
the road transport technology, Pollution-control measures, standards for transportation of
hazardous and explosive materials, pattern of passenger and freight movements,
development of the road network in the country and particularly the improved techniques in
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the motor vehicles management. The Act provides mainly for the following matters,
namely:
(a) rationalization of certain definitions with additions of certain new definitions of new
types of vehicles;
(b) stricter procedure relating to grant of driving licenses,; and the period of validity
thereof;
(c) laying down standards for the components and parts of motor vehicles;
(d) standards for anti-pollution control devices;
(e) provision for issuing fitness certificates of vehicles also by the authorized testing
stations;
(f) enabling provision for updating the system of registration marks;
(g) liberalized schemes for grant of All-India Tourist Permit as also National Permits for
goods carriages;
(h) maintenance of state registers for driving licenses and vehicle registration:
(i) Constitution of Road Safety Councils.
The Act, inter alia, defines permanent disablement, makes provision for compensation for
permanent disablement on the principle of no fault and facult, resulting from an accident
arising out of the use of vehicles and fixes the quantum thereof. Such provisions of the Act
are reproduced and discussed below: 4.6.1. Liability to pay compensation in certain cases
on the principle of no fault
(a) Where death or permanent disablement of any person107 has resulted from an accident
arising out of the use of a motor vehicle the owner of the vehicle shall, be liable to pay
compensation in respect of such Disablement in accordance with the provisions of this
section.
(b) The amount of compensation which shall be payable under sub-section (1) in respect of
the permanent disablement of any person shall be a fixed sum of twelve thousand rupees.
(c) In any claim for compensation under sub- section (1), the claimant shall not be required
to plead and establish that permanent disablement in respect of which the claim has been
made was due to any wrongful act or neglect or default of the owner of the vehicle
concerned or of any other person.
(d) A claim for compensation under sub-section (1), shall not be defeated by reason of any
wrongful act, neglect or default of the person in respect of whose
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Provisions as to other right to claim compensation for death or permanent disability

(a) The right to claim compensation under section 140 in respect of permanent disablement
of any person shall be in addition to any other right to claim compensation in respect
thereof under any provision of this Act or any other law for the time being in force.
(b) A claim for compensation under section 140 in respect of permanent disablement of any
person shall be disposed of as expeditiously as possible and where compensation is claimed
in respect of such permanent disablement under section 140 and also in pursuance of any
right on the principle of fault, the claim for compensation under section 140 shall be
disposed of as aforesaid in the first place.
(c) Notwithstanding anything contained in sub-section (1) where in respect of permanent
disablement of any person, the person liable to pay compensation under section 140 is also
liable to pay compensation in accordance with the right on the principle of fault, the person
so liable shall pay the first mentioned compensation and -
(i) if the amount of first-mentioned is less than the amount of second-mentioned
compensation, he shall be liable to pay (in addition to the first-mentioned compensation)
only so much of the second-mentioned compensation as is equal to the amount by which it
exceeds the first- mentioned compensation;
108 Section 141 of the Act 1988, this section corresponds to old section 92-B of the Act of
1939.
(ii) If the amount of first-mentioned compensation is equal to or more than the amount of
the second-mentioned compensation, he shall not be liable to pay the second-mentioned
compensation.
Permanent Disablement:
Permanent disablement of a person109 shall be deemed to have resulted from an accident
of the nature referred to in sub-section (1) of section 140 if such person has suffered by
reason of the accident, any injury or injuries involving:
(a) Permanent privation of the sight of either eye or the hearing of either ear, or privation of
any member or joint; or
(b) destruction or permanent impairing of the powers of any member or joint; or
(c) Permanent disfiguration of the head or face.
Applicability of certain claims under Act 8 of 1923
The provisions110of this Chapter111 shall also apply to any claim for compensation in
respect of permanent disablement of any person under the Workmen's Compensation.
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(a) Liability without fault in certain cases.

Section 140 of the Act of 1988113 provides for liability to pay compensation on the
principle of no fault.
The claimant under this section shall not be required to lead and establish that the
permanent disablement in respect of which the claim has been made was due to any
wrongful act, neglect or default of the owner (s) of the vehicle (s) concerned or any other
person.
This is so because irrespective of any fault, the person who had suffered a permanent
disablement is to be given quick and effective temporary relief.
This payment is to be made without prejudice to the award of compensation in a regular
enquiry on a claim filed under Section 166 of the Act. The requirements underthe said
section are only whether; a vehicle had been involved in an accident; a person sustained
permanent disablement as a result of such accident; and with whom the vehicle was
insured.
The provision for payment of prompt and immediate compensation in respect of, no fault,
under this section, is the spirit of social welfare legislation and should be interpreted
beneficially in favor of the claimant and in such a matter the technicalities of law should
not be allowed to have any upper hand, to undo and crush the spirit of legislation for social
justice, joinder or non-joinder or mis-joinder of parties is too technical pleas to circumvent
the spirit of such beneficial legislation.
The very fact that the legislature decided to get the amount paid even without ascertaining
any fault prime facie goes to show that the object is that the claimant should not be allowed
to go high and dry for long and he must get immediate relief.115 However, in view of the
section 141 (3) the amount paid under this section is to be taken into consideration at the
time of any award in proceedings under section 166.
A statutory duty is cast on the Motor Accident claims Tribunal to decide the applications
under this section (section 14Q) of the Act as expeditiously as possible,116 because this is a
special provision enacted by the legislature so that some interim relief is granted to the
claimants to enable them to survive. It is true that no time limit is fixed by the section for
disposal of the application under this section however the very purpose for which the
provision is enacted requires that such applications are given top priority and are decided in
the shortest possible period.
The insurance company is also liable in proceedings under this section in same manner as
the owner is liable under Section 166. As a result, the owner and the insurance company are
jointly and severally liable for the claim under this section.120
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Rehabilitative Nature of the Act: An Assessment

A careful study of the provisions discussed in the foregoing paragraphs and the
interpretation attached to them by the Courts proves, beyond doubt, that the provision for
the award of Rs.15,000 to the person who has been rendered permanently disabled by one
stroke of the motor vehicle, that too, as expeditiously as possible, indeed, enables the
claimant to survive for some time at least and pursue the proceedings for compensation on
the basis of regular enquiry before the Motor Accident Claims Tribunal. It is submitted that
the amount of compensation under the section is too meagre taking into consideration, the
minimum cost of living,
Expenses for treatment before permanent disablement is diagnosed and expenses to be
incurred on initiating regular proceedings for compensation on the basis of regular enquiry.
It is only the person with permanent disablement who is entitled for compensation under
this section.
In our submission a person with temporary disablement of the degree envisaged in section
142, too, should have been a subject of compensation, because he, too, has to spend
equally, may be more on his medical treatment, for living and for litigation with all its
known torments and hardships.
The study of the provisions of this Act makes it amply clear that it is neither preventive nor
rehabilitative in nature.
Monetary compensation alone does not serve the Purpose. Let the owner of the vehicle,
insurance company and the State be partners in providing some vocational training to the
disabled taking his disability and capabilities into Consideration and helping him to get
some suitable employment.
By such a partnership, the disabled can be returned to the dignity of self-support and to gain
employment.
The Income Tax Act, 1961
The Act, inter-alia, makes provision for the deduction of some fixed amount while
computing the total income of totally blind or physically handicapped resident persons.121
This provision was inserted for the first time, by the Finance Act, 1968,122 with effect
from 1st April, 1969 for providing tax relief only to totally blind123 individuals resident in
India.
The Central Board of Direct Taxes, in consultation with the Ministry of Health, has
identified the following permanent physical disabilities for the purposes of relief under the
section: Bilateral paralysis of upper limbs;
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Paralysis of dominant upper limb; Other paralysis of upper limb Bilateral paralysis of lower
limb; Other paralysis of lower limb; Paralysis of upper and lower limbs on same side;
Paralysis of three limbs; Paralysis of four limbs;
Other paralysis of limbs; Other bilateral motor impairment of upper limb;
Other motor bilateral impairment of dominant upper limb; Other motor impairment of
upper limb;
Other bilateral motor impairment of lower limb; Other motor impairment of lower limb;
Other motor impairment of upper and lower limbs on same side;
Other motor impairment of limbs Transverse deficiency of arm and shoulder, Transverse
deficiency of forearm; Transverse deficiency of corpus and first metacarpal; Transverse
deficiency of thigh and pelvis; Transverse deficiency of leg. Besides the above, the
following orthopedic problems should also be added:
(a) Cerebraelpalsy with athetosis
(b) Ankylosing spondylitis of both the hip joints
(c) Rheumatoid arthritis involving upper limbs reducing the functional capacity to less than
30%.
(d) Mal united fractures resulting the functional disability of -above 50%
The concession has led to litigation as claims for deduction under this provision have been
made by persons with a physical disability of a relatively minor nature. The Board received
a large number of references on the ground that these guidelines laid in the circular dont
provide situation for the case of deaf and dumb persons and mentally retarded persons etc.
The matter was examined by the Board in consultation with the Ministry of Health and
Family Welfare. The Board pointed out that the earlier circular133was only illustrative and
not conclusive and there could be other situations or other categories or physical handicaps,
such as deafness, dumbness and mental retardation. It134 pointed out that the facts and
circumstances of each case will have to be gone into in determining whether the
requirements of section 80 (U) are fully satisfied. According to the later circular135 a
physical disability shall be regarded as permanent physical disability for the purposes of
section 80 (U) "if it falls in anyone of the following categories specified below, namely:
(a) Permanent physical disability of more than 50 percent in one limb; or
(b) Permanent physical disability of more than 60 percent in two or more limbs; or
(c) permanent deafness with hearing impairments of 71 decibels and above; or
(d) Permanent and total loss of voice
Page 50 of 67
Blindness:
According to the Circular,136 blindness shall be regarded as a permanent physical
disability, if it is incurable and falls in anyone of the categories specified below, namely.
Mental Retardation:
According to Circular,137 the mental retardation shall be regarded as a mental retardation
if intelligent quotient is less than 50 on test with a mean of 100 and a standard deviation of
15 such as the Wechsler scale. 4.7.1. Deduction in respect of medical treatment of
handicapped dependents
Under138 this provision,139 deduction of a sum of Rs.15, 000 for and from the assessment
year 1993-94 shall be allowed in the case of individuals and Hindu undivided families,
resident in India, who incur expenditure on the medical treatment (including nursing),
training and rehabilitation of a person suffering from a permanent physical disability
(including blindness) or mental retardation as specified in the rules140 made in this behalf.
The deduction is to be allowed if the person suffering from permanent physical disability
or mental retardation is a relative of the individual or in the case of a Hindu undivided
family is a member of the joint family and is in either case wholly dependent on the
assessed.
This deduction has always been in the statute book since I April, 1965141 except for a short
period between assessment years 1985-86 and 1990-91 (both inclusive).
The amount of this deduction, up to and including the assessment year 1981-82 was
RS.2400. Then, up to and including the assessment year 1990-91 it was Rs. 4800. It was
enhanced to RS.6000 for the assessment years 1991-92 and 1992-93 and Rs.12, 000 for the
assessment year 1993-94; Rs.15, 000 for and from the assessment year 1994-95.
Medical proof for deduction, both under this section (Sec.80DD) and section 80 (1) is
available only if it is certified by a physician, surgeon, an oculist or psychiatrist, as the case
may be, working in a Government hospital. Such certificate has to be
137 Id. 138 Section 80 DD. 139 Ibid. at p. 31 140 Rule 11 vide Circular No. 375, Supra,
note 134. 141 Section 80-B up to assessment year 1967-68 thereafter, Section 80 D
produced before the Assessing Officer in respect of the assessment year for which
deduction is claimed under either of these two sections.
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CONCESSIONS GIVEN BY THE CENTRAL AND STATE

GOVERNMENTS FOR THE DISABLED
TRAVEL: TRAVEL CONCESSION FOR THE DISABLED

By Rail
As per the Order of Ministry of Railways, Government of Inha, the following concessions
are available for the disabled persons.
I. Blind Person
The blind person travelling alone or with an escort, on production of a certificate from
Gov-ernment doctor or a registered medical practitioner, is eligible to get the concession as
below:
Element of
Concession
Class: First Second Sleeper Season Ticket

Second
Class Class CGSS First Class Class
%age of Concessions: 75 75 75 50 50
The form of certificate is given at Appendix 'A'. The concession certificate may be
issued by the Station Master on collection of the certificate form and the copy of original
certificate duly attested by a Gazetted Officer, M.P., M.L.A. etc. may be produced while
collecting the ticket. The blind person may not be present at the station for purchase of the
ticket.
I1 Orthopaedically Handicapped Person
The orthopaedically handicapped person travelling with an escort, on production of a

certificate from a Government doctor to the effect that the person concerned is
orthopaedically handi-capped and cannot travel without the assistance of an escort, is
eligible for getting concession.
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Element of Concession

Second
Class Class Class First Class Class
Status of Disability in India - 2000
All categories of Orthopaedically Handicapped Personslpatients accompanied by

escort, when travelling for admiss
ion or on discharge from hospital where the O.H. persons are treated or for
consultation with Medical Expert, on production of a certificate from a government
doctor/orthopaedic surgeon that the person is a bonafide O.H. person and he cannot travel
without an escort, for availing concession.
III. Deaf & Dumb Person
A Deaf & Dumb person travelling alone (both afflictions together in the same person) on
production of a certificate from a government doctor is eligible for the concession.

Second
Note:
1 . A deaf person is allowed50%concession in railway fare both in first and second
class,but concession is not available for the escort.
2. A deaf and dumb person is permitted to travel by 2-tier A.C. Sleeper on payment of
concessional fare for first class and full surcharge for 2-tier A.C. Sleeper. .
Copy of the Certificate is at Appendix 'C'.
I Mentally Retarded Person
A mentally retarded person, accompanied by an escort, on production of a certificate in the

prescribed form, from a government doctor, is eligible to get the concession.
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Second
The copy of the Certificate is at Appendix 'D'.
Note: Mentally Retarded person is permitted to travel by 2-tier. A.C. Sleeper on payment
of concessional fare for first class and full surcharge for 2-tier A.C. Sleeper.
Facility of issue of concessional return ticket will also be available in one month from
the date of commencement of outward journey. M.R. person should be given preference in
allotment of coupe on reservation in first class, if required. Free ticket for one escort is
available for every two persons in the same class of carriage whether they hold adult ticket
or half ticket.
All the concessional fares shall be calculated on the basis of the basic railway fare for
the journey. No persodparty will be allowed more than one concession at one time.
The holder of a concession ticket will not be permitted to change the ticket to a higher
class by paying the difference except in the case of T.B. and Cancer patient, leprosy patient
etc. The break-up journey shall not be allowed on a concession ticket for a specific journey
By Air
The Indian Airlines Corporation allows 50% concessional fare to blind persons on single
journey or single fare for round trip journey on all domestic flights. To avail this facility
(for blind persons) they have to produce a certificate from a medical practitioner. Air
HostessISteward will look after the blind persons not accompanied by escorts in flight.
The Public Relation Officer or the Traffic Officer Incharge at the airport will render
necessary assistance to such infirm passengers at the airport of the departure and arrival.
Escorts are to pay full fare. This concession cannot be combined with any other
concessional fare allowed by the Indian Airlines.
The Orthopaedically Handicapped persons are not given this concession. However,
they are allowed to carry a pair of crutcheshrases or any other prosthetic devices free of
charge.
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COMMUNICATION
Postage
Payment of postage, both inland and foreign, for transmission by post of Blind Literature
packets is exempted if sent by surface route only. If packets are to be sent by air,
prescribed air mail charges should be paid.
The relevant rule from the Post Ofice Guide is reproduced below.
Exemption from Postal Fees.
1. 'Blind Literature' packets are exempted from payment of the following fees besides
being exempted from the payment of postage (I) registration fee, (11) fee for
acknowledgement and (111) fee for the attested copy of the receipt.
2. Postage free 'Blind Literature' packets will be transmitted by surface route only, and if
they are to be sent by air, the airmail charge as prescribed for packets has to be paid.
Contents and Conditions of Posting.
Papers of any kind, periodicals and books printed in Braille or other special type for the
use of the blind may be transmitted by post as 'Blind Literature' packets, provided that they
are posted in accordance with the below mentioned conditions.
Plates bearing the characters of writing, sound records for the use of the blind, and
discs, films, tapes and wires on which spoken message for the blind have been recorded,
when sent by, or addressed to, an officially recognised institution for the blind, shall also
be treated as 'Blind Literature'.
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STUDY UNDERTAKEN
DISABILITY LAW IN INDIA
INTRODUCTION
The disability rights debate is not so much about the enjoyment of specific rights as it is
about ensuring the equal effective enjoyment of all human rights, without discrimination,
by people with disabilities.
The non-discrimination principle helps to make human rights in general relevant in the
specific context of disability, just as it does in the contexts of age, sex and children. Non
discrimination and the equal effective enjoyment of all human rights by people with
disabilities, is therefore the dominant theme of the long-overdue reform in the way
disability and the disabled are viewed throughout the world.1
The primary responsibility for ensuring respect for the rights of persons with disabilities
rests with the government.
Our government has taken various steps to provide equal opportunities to persons with
disabilities by enacting several Acts and implementing various policies and schemes for the
empowerment of persons with disabilities.
Our constitution guarantees equal rights to each individual of our country. India is one of
the first signatory to United Nations Convention on the Rights of Persons with Disabilities
which means we have to adopt it in its full spirit.2
Disability is a complex category as it has been and still is understood and interpreted by
different people in very different ways. In almost all societies, individuals with physical or
intellectual anomalies have been assumed to be, by the very nature of their condition,
inferior.
As the term disability carries with it the connotation of a lack or deficiency, whether
mental, physical or sensory, it has been defined primarily in terms of medical deficit.
However, it has to be acknowledged that the word disability is itself not a homogeneous
category, subsuming under it different kinds of bodily variations, physical impairments,
sensory deficits and mental or learning inadequacies, which may be either congenital or
acquired. Disability has been recognised as a human rights issue in the international arena,
with the United Nations Declaration on the Rights of the Disabled Persons focusing
attention on the needs of disabled people globally.3
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DISABILITY LAWSIN INDIAIN BRIEF

THE CONSTITUTION OF INDIA AND THE DISABLED5
The Constitution of India applies uniformly to every legal citizen of India, whether they are
healthy or disabled in any way ( physically or mentally). Under the Constitution the
disabled have been guaranteed the following fundamental rights:
1. The Constitution secures to the citizens including the disabled, a right of justice, liberty
of thought, expression, belief, faith and worship, equality of status and of opportunity and
for the promotion of fraternity.
2. Article 15(1) enjoins on the Government not to discriminate
3. Article 15 (2) States that no citizen (including the disabled) shall be subjected to any
disability, liability, restriction or condition on any of the above grounds in the matter of
their access to shops, public restaurants, hotels and places of public entertainment or in the
use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or
partly out of government funds or dedicated to the use of the general public. Women and
children and those belonging to any socially and educationally backward classes or the
Scheduled Castes & Tribes can be given the benefit of special laws or special provisions
made by the State. There shall be equality of opportunity for all citizens (including the
disabled) in matters relating to employment or appointment to any office under the State.
4. No person including the disabled irrespective of his belonging can be treated as an
untouchable. It would be an offence punishable in
accordance with law as provided by Article 17 of the Constitution.
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5. Every person including the disabled has his life and liberty guaranteed under Article 21
of the Constitution.
6. There can be no traffic in human beings (including the disabled), and beggar and other
forms of forced labour is prohibited and the same is made punishable in accordance with
law (Article 23).
7. Article 24 prohibits employment of children (including the disabled) below the age of 14
years to work in any factory or mine or to be engaged in any other hazardous employment.
Even a private contractor acting for the Government cannot engage children below 14 years
of age in such employment.
8. Article 25 guarantees to every citizen (including the disabled) the right to freedom of
religion. Every disabled person (like the non disabled) has the freedom of conscience to
practice and propagate his religion subject to proper order, morality and health.
9. No disabled person can be compelled to pay any taxes for the promotion and
maintenance of any particular religion or religious group.
10. No Disabled person will be deprived of the right to the language, script or culture which
he has or to which he belongs.
11. Every disabled person can move the Supreme Court of India to enforce his fundamental
rights and the rights to move the Supreme Court is itself guaranteed by Article 32.
12. No disabled person owning property (like the non disabled) can be deprived of his
property except by authority of law though right to property is not a fundamental right. Any
unauthorized deprivation of property can be challenged by suit and for relief by way of
damages.
13. Every disabled person (like the non disabled) on attainment of 18 years of age becomes
eligible for inclusion of his name in the general electoral roll for the territorial constituency
to which he belongs.
DISABLED AND THE EDUCATION LAWS

The right to education is available to all citizens including the disabled. Article 29(2) of the
Constitution provides that no citizen shall be denied admission into any educational
institution maintained by the State or receiving aid out of State funds on the ground of
religion, race, caste or language.
Article 45 of the Constitution directs the State to provide free and compulsory education for
all children (including the disabled) until they attain the age of 14 years. No child can be
Page 58 of 67
denied admission into any education institution maintained by the State or receiving aid out
of State funds on the ground of religion, race, caste or language.
DISABLED AND THE HEALTH LAWS
Article 47 of the constitution imposes on the Government a primary duty to raise the level
of nutrition and standard of living of its people and make improvements in public health -
particularly to bring about prohibition of the consumption of intoxicating drinks and drugs
which are injurious toones health except for medicinal purposes. The health laws of India
have many provisions for the disabled. Some of the Acts which make provision for health
of the citizens including the disabled may be seen in the Mental Health Act, 1987.
DISABLED AND THE FAMILY LAWS

Various laws relating to the marriage enacted by the Government for DIFFERENT
communities apply equally to the disabled. In most of these Acts it has been provided that
the following circumstances will disable a person from undertaking a marriage. These are:
(1) Where either party is an idiot or lunatic,
(2) Where one party is unable to give a valid consent due to unsoundness of mind or is
suffering from a mental disorder of such a kind and extent as to be unfit for marriage for
procreation of children.
(3) Where the parties are within the degree of prohibited relationship or are sapindas of
each other unless permitted by custom or usage.
(4) Where either party has a living spouse.
The rights and duties of the parties to a marriage whether in respect of disabled or non-
disabled persons are governed by the specific provisions contained in different marriage
Acts, such as the Hindu Marriage Act, 1955, the Christian Marriage Act, 1872 and the Parsi
Marriage and Divorce Act, 1935.
Other marriage Acts which exist include; the Special Marriage Act, 1954 (for spouses of
differing religions) and the Foreign Marriage Act, 1959 (for marriage outside India). The
Child Marriage Restraint Act, 1929 as amended in 1978 to prevent the solemnization of
child marriages also applies to the disabled.
A Disabled person cannot act as a guardian of a minor under the Guardian and Wards Act,
1890 if the disability is of such a degree that one cannot act as a guardian of the minor.
A similar position is taken by the Hindu Minority and Guardianship Act, 1956, as also
under the Muslim Law.
Page 59 of 67
DISABLED AND THE SUCCESSION LAWS

Under the Hindu Succession Act, 1956 which applies to Hindus it has been specifically
provided that physical disability or physical deformity would not disentitle a person from
inheriting ancestral property. Similarly, in the Indian Succession Act, 1925 which applies in
the case of intestate and testamentary succession, there is no provision which deprives the
disabled from Disability Laws In India: A Study :- Rajib Bhattacharyya 105
DISABLED AND THE LABOUR LAWS

The rights of the disabled have not been spelt out so well in the labour legislations but
provisions which cater to the disabled in their relationship with the employer are contained
in delegated legislatio ns such as rules, regulations and standing orders.
DISABLED AND THE INCOME TAX CONCESSIONS11

RELIEF FOR HANDICAPPED
Section 80 DD: Section 80 DD provides for a deduction in respect of the expenditure
incurred by an individual or Hindu Undivided Family resident in India on the medical
treatment (including nursing) training and rehabilitation etc. of handicapped dependants.
For officiating the increased cost of such maintenance, the limit of the deduction has been
raised from Rs.12000/- to Rs.20000/-.
Section 80 V: A new section 80V has been introduced to ensure that the parent in whose
hands income of a permanently disabled minor has been clubbed under Section 64, is
allowed to claim a deduction upto Rs.20000/- in terms of Section 80 V.
Section 88B: This section provides for an additional rebate from the net tax payable by a
resident individual who has attained the age of 65 years. It has been amended to increase
the rebate from 10% to 20% in the cases where the gross total income does not exceed
Rs.75000/- (as against a limit of Rs.50000/- specified earlier).
Page 60 of 67
OBSERVATION
I observed so many things to see disable people , It covers areas like constitution of central
and state Co-ordination committees, appointment of commissioners for persons with
disabilities, prevention, early detection, intervention, habilitation and rehabilitation,
education, employment and vocational training, non-discrimination, licensing of institutions
for the disabled, social security. It also aims at promoting research, inter-alia, in the
following areas:
(a) prevention of disability;
(b) promote aspects of rehabilitation;
(c) restorative aspects of rehabilitation;
(d) curative aspects of rehabilitation;
(e) educational rehabilitation;
(f) vocational and professional rehabilitation;
(g) social rehabilitation;
(h) psychological rehabilitation;
(i) development of assertive devices;
(j) job identification;
(k) on site modifications in offices, factories and firms;
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995
To provide recognition by the State of the rights of the persons with disabilities to enjoy
equality of opportunity and full participation in the national life, the Indian parliament has
passed the above said comprehensive legislation. This came as a New Year gift to the
disabled community.
Page 61 of 67
Physical and mental Handicaps.

This would certainly be viewed as a welcome initiative as compared to the efforts made
earlier only after a person had become disabled. This indeed is in keeping with the
philosophy of a utilitarian state.
A special emphasis has also been given to the education of the disabled.
The concept of 'Integrated Education Programme would make anyone having a concern for
the disabled happy.
The Act rightly proposes that education appropriate the part-time, special part-time and
non-formal education by to the disabled be provided in the most environments.
Provision is also to be made for utilizing the manpower in rural areas and giving them
appropriate orientation.
There can be no two opinions about the realization of the needs of the disabled from the
rural areas where an overwhelming majority of Indian population lives.
The legislators deserve all the praise for such a realization as far as the educational needs of
the disabled from rural areas are concerned. Another very significant aspect of
rehabilitation of the disabled, i.e., their employment, too, has been sufficiently recognized
by the Act.
A glance at the provisions of the Act shows that the government intends to pursue this
matter with more zeal and commitment now than ever before.
The need, nay, the right of the disabled persons to have adequate means of livelihood
through education is most crucial.
This would go a long way in ameliorating the conditions of the disabled and ensuring their
social security and dignity too.
workers. However, such a provision is conspicuously missing in the text of the Act.
Keeping pace with the theme of the International Year for the Disabled Persons-1981, the
Act provides for recognition by the State of the rights of persons with disabilities "to enjoy
equality of opportunity and full participation in national life." One
Government of India.of the major hindrances in providing rehabilitation services to the
disabled is the lack of uniform definition of the disability. In an attempt to overcome this
problem, the Draft had sought to define disability. It said that a person with disability is one
"who is unable to ensure by himself, wholly or partly, the necessities of a normal individual
or social life, including work, as a result of deficiency, whether congenital or not, in his
physical or mental capabilities and includes a person
Page 62 of 67
(i) who is blind or who is a person with low vision,

(ii) who is deaf, or
(iii) who has a locomotors disability on account of orthopedic or neurological; or
(iv) who is mentally retarded." But the Act does not define disability in such terms
instead, its simply supplies a list of various categories of the disabled while
defining the term disability.
The government seems to be taking the problems of the disabled seriously. It becomes
evident from the manner in which a high-level central co-ordination committee for the
promotion of security, welfare and rehabilitation of persons with disabilities, with; the
Union Welfare Minister as the chairperson, is to be set up. That only the wearer knows
where the shoe pinches' is not of proverbial significance only but of practical
importance also.
It is with this lesson in mind, that it is suggested that persons with various disabilities be
associated with these committees while formulating the rehabilitation schemes for the
disabled.
The social security scheme promised by the Act also looks quite attractive. By applying
it seriously, the genuine kind of rehabilitation of the disabled would be made possible.
The Act would enable the disabled in India, to enjoy a status almost similar to their
counter-parts in Europe and America.
Another remarkable feature of the Act is that free education is to be provided to the
disabled till the age of 18, although one wishes that they had been provided free education
till the time they liked to study.
Al though for the purpose of integrating the disabled children into society, they would study
in the normal schools, the needs of those needing special education in special schools (with
vocational training facilities) has not been overlooked.
Provision of part-time classes for those who cannot attend the school for whole of the time,
functional literacy and the utilization of electronic and other media for the benefit of the
disabled shows that the government is keeping pace with the needs and opportunities of the
time.
A proper emphasis has also been laid on research, an area which had been sadly neglected
earlier not only by India but some other countries also.
There is also provision for the much desired man-power-development. That the law-makers
have perceived the problems of the disabled to a very large extent becomes evident from
the way they have studied their problems in minute details and sought to provide
appropriate solutions. For example, they have promised to remove architectural barriers
plaguing the disabled from schools, colleges and other institutions.
Page 63 of 67
Keeping in mind their right to be mobile, legislators have expressed a desire that there be
no discrimination in transport and inbuilt environment.
What is more, they are thinking of installation of auditory signals at traffic lights on the
public roads for the benefit of persons with visual handicapped and causing curb cuts to be
made in pavements for the easy access of wheel-chair users.
There is also talk of developing appropriate symbols for disability, and warning signals at
appropriate places, ramps in public buildings, adapt ion of toilets for wheel- chair users,
Braille symbols and auditory signals in elevators and lifts, ramps in hospitals, primary
health centers, and other medical care and other rehabilitation institutions.
This, indeed, is an idea that would help the disabled to get rehabilitated physically and then
enjoy the fruits thereof. What, after all, was the fun of doing physio-therapy and having
aids and appliances if one could not go out and mingle in society, to feel it and be part of it?
One must appreciate the legislators of India who have shown enormous insight and
political will in enacting this piece of legislation. There is hardly any aspect of disability.
We were advised to go through http://vadodara.gujarat.gov.in/ this website.

Collector is Executive head of District. He is also known as Executive District Magistrate.
Above all executives report directly to Collector and are directly under his control and
supervision.
Most laws are executed in name of government either state or Central and collector
supervises them. Police although report to Home ministry are closely related to actions that
takes place in District. His work is too much and cant be listed enough.
City Survey office is yet another government agency that is setup to keep property records
of the property owners within district. They have a pre-format defined in which they keep
records of ownership and possession of immoveable properties.
They keep property cards, form 6A in which any transfer of property by act of parties is
recorded. Afterwards, the entry is certified if it meets all requirements.
Similarly land records of those lands that are now vested in government due to acquisition
like roads have been made then Hissar form is created. And sent to revenue records.
There is also Registration office related to such sale or purchase or gifts or mortgages in
Narmada Bhavan that does the act of registration of contracts. It is to be executed in
Page 64 of 67
particular format and then details of transaction is recorded as registered deed and deed is
scanned and uploaded with bio-metric information of parties and witnesses.
Page 65 of 67
Conclusion
This internship was extra-ordinary in actually connecting learning with practical

applicability. I had visited not one or two but heaps of governmental agencies and realised,
many of the population of country does not know what their rights are.
I learnt how court procedures are carried out especially in criminal case right from being
arrest of accused to presentation and Bail application. I realised that the level of evidences
to be proved in handicaped cases.
This internship helped me to discover that my public speaking is such a great strength and
that it was hidden from ages. My communication skill is of par excellence and that I can
effectively communicate. I am extrovert person to go and speak public officials about Why
I am there, introduce myself and then ask what help can be provided. One of my weakness
that I know of is timelessness. I more of lazy person and waste time a lot. I had always
figured a way to efficient time management, but I believe it is more of priority handling that
makes it look like weakness but in fact it is not.
Overall I can more relate my actual learning and education to practical application.
Page 66 of 67
REFERENCE
WWW.SOCIETYFORPHISICALLYHANDICAPPED.COM
WWW.NGOORGANISATION.COM
BOOKS
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NGO Training Report @ society for the physically handicapped.

MAHARAJA SAYAJIRAO UNIVERSITY

SUBMITED TO: SUBMITED BY:

THE SOCIETY FOR THE PHYSICALLY HANDICAPPED,

SUPERVISOR FROM NGO :- PRAVIN SIR

5 OBJECTIVE AND FUNCTION 6

OBJECTIVES AND FUNCTION

The certain objectives of the agency are as follows:

Functions of the NGO.

Take measures to create barrier free environment.

Disabled prefer to work than to live on charity

A continuous Process - An Appeal

Achivements & Awards

First Visit at NGO, Introduction of ourselves and NGO Executives.

Date: - 8 TO 16TH OCTOBER 2015

An introduction with Patrick Christy, who is Co-ordinator at NGO. In return we introduced

Date: - 19 TO 25rd OCTOBER 2015

Date: - 8th OCTOBER to 8th NOVEMBER 2015

Take measures to create barrier free environment.

Assist in accessibility of equal opportunity and protection of life.

Providing Educational Aids.

Employment placement services.

Up-liftment of social status.

Free Physiotherapy treatment to disabled.

Dissemination of information about scholarship, concession loan, etc.

Organizing sports and culture activities.

Organizing life partner selection fair and marriage counseling.

Computer training centre.

(EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL

Children with disabilities shall have the right to free books,

THE REHABILITATION COUNCIL OF INDIA ACT, 1992.14

THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM,

JUDICIARY AND THE DISABLED

CONSTITUTIONAL AND LEGISLATIVE PROVISIONS RELATING TO THE

p.60. 64 Ibid., at p. 154 65 International Association of Industrial Accident Boards and

Establishment of Employees' State Insurance Corporation

Rate of Disablement Benefit:

Provisions as to other right to claim compensation for death or permanent disability

(a) Liability without fault in certain cases.

Rehabilitative Nature of the Act: An Assessment

CONCESSIONS GIVEN BY THE CENTRAL AND STATE

TRAVEL: TRAVEL CONCESSION FOR THE DISABLED

Class: First Second Sleeper Season Ticket

I1 Orthopaedically Handicapped Person

The orthopaedically handicapped person travelling with an escort, on production of a

Class: First Second Sleeper Season Ticket

All categories of Orthopaedically Handicapped Personslpatients accompanied by

Class: First Second Sleeper Season Ticket

I Mentally Retarded Person

A mentally retarded person, accompanied by an escort, on production of a certificate in the

Class: First Second Sleeper Season Ticket

Exemption from Postal Fees.

Contents and Conditions of Posting.

DISABILITY LAW IN INDIA

DISABILITY LAWSIN INDIAIN BRIEF

DISABLED AND THE EDUCATION LAWS

DISABLED AND THE FAMILY LAWS

DISABLED AND THE SUCCESSION LAWS

DISABLED AND THE LABOUR LAWS