v Constitutional Provisions and Human Rights
Though the fundamental rights stress on the existing rights, the Directive Principles provide the energetic movement towards the goal of providing Human Rights for all. Right to employment under Indian Constitution can be considered in the light of relevant provisions of part III and IV of the Constitution and in particular the following:Article 14: Talks about equality before the law and equal protection of laws within India.Article7: Talks about the rights of human beings Article 16: Provision of equal opportunity in the matters of public employment Article 43: Speaks about the wages and benefits for employeesArticle 41: Directs the state government to ensure the people within the limit of it economic capacity and development, right to work in an organization, have access to education and have access to public assistance in few cases.
v The Mental Health Act, 1987
This act was enacted to regulate admissions to hospitals for mentally-ill individuals who do not have sufficient knowledge to seek medical treatment on a voluntary basis and also to protect the rights of such individuals if they are being detained.
v The Rehabilitation Council of India Act, 1992
The act was passed to normalize the man power development programmes in the field of education of persons with special needs. The objective is to regulate the training policies and programmes in the field of rehabilitation of people with disabilities, to recognize educational institutes which offer courses in diploma, educational institutes offering degree, certificate courses in the field of rehabilitation of the disabled, to recognize and equalize foreign degree, diploma, certificate courses, and to standardize training courses for rehabilitation professionals.
The National Policy on Education 1986
The aim of this act was to provide education, to all the citizens, including people with disability. The objective of this policy is to integrate the physically and mentally handicapped with general community as equal partners and to prepare them for growth and to assist them to face life with confidence.
v The Workmen’s Compensation Act, 1923
As per section 3 of the act, if personal injury is caused to a employee by accident arising out of or in the course of his employment, then the employer is liable to pay the compensation.
v Employees’ State Insurance Act, 1948, Section 46(c)
According to this act, periodical payment shall be made to an insured person suffering from demobilization as a result of an employment injury sustained as an employee. The individual can get the benefit only if he shows a certificate which is issued by a proper authority which has been identified by the government.
v The Payment of Gratuity Act, 1972
As per Section 4 of the Act, gratuity shall be payable to an employee on the termination of his employment, or on his death or demobilization due to accident or disease provided he has rendered five years of service continuously.
Rights of Disabled Persons in India
Some of the basic rights that the Person & with Disabilities are entitled to:
1. Certificate: One of the most important documents that a disabled person should possess in order to avail certain benefits and concessions is the disability certificate. The State Medical Boards which are established under the guidance of the government of that particular state can issue a disability certificate to an individual who has more than 40% disability. The concerned individual can visit the nearest state hospital in his locality for the certificate. The certificate is issued after the physical medical examination the physical examination is carried out in order to determine the percentage of disability. The validity of the certificate is five years and can be renewed if the disability is temporary. The certificate is valid for lifetime if the disability is permanent.
2. Travel Concession: Individuals with disability get some travel concessions if they are travelling in public transport. Public transport includes train and bus. The concession is available for train tickets which are bought at the railway counter or online. Individuals with disability can get a concession if they are travelling the bus which is managed by the state government by showing the disability certificate to the bus conductor.
3. Pension: Individuals who are major (major are one’s who have completed 18 years of age), and living below the poverty line, and who are suffering from more than 80% physical disability are entitled to receive disability pension under the pension scheme. The pension scheme is named after the late Prime Minister (Indira Gandhi) of India. The name of the scheme is – Indira Gandhi National Disability Pension Scheme. The government has identified several non-government organizations to ensure that the pension reaches the disabled individual on time.
4. Guardianship Certificate: Persons who are suffering from cerebral palsy etc are in a special situation and would not be able to take important legal decisions even after they become major. In order to help them the government has introduced Legal Guardianship Certificate. The benefit of this certificate is it identifies a legal guardian on behalf of the disabled person and he is given all the authority to take decisions on behalf of the person with disability even after he becomes a major.
5. Income Tax Concession: Section 80DD and section 80U of the Income Tax Act, of 1961, a disabled person enjoys some tax concession on the income he has earned.
6. Employment: There is 4 percent reservation for people with disability in government jobs.
Deterrents in the Employment Process of Disabled People
Some of the deterrents that limit employment opportunities for people with physical disabilities:
· Adjustment: Managers and workers require continuous support and they also have to be directed as to how to treat people with physical disability. The organization has to make some adjustments in the existing policies.
· Self-Identification: Employees with physical disability are hesitant to self-identify. The organization which employs them finds it difficult to identify on their own. If the organization does not have the information of disabled people working in their organization then they will not be in a position to provide information to the labour department which is mandatory.
· Discomfort: There is a misconception that people with disabilities are not qualified compared to people without disability, due to which the employer finds it difficult and uncomfortable to employ them in their organizations.
· Access to information: Employers are besieged by the amount of information available, but concomitantly need more information.
· Motivation: Employers need greater visible acknowledgment for their efforts to employ more individuals with physical disabilities.
Strategies to ease the impediments:
· Change: The management should change their opinions; manager’s focus should be on building a rational, economic business where there is no place for bias since biases influence opinions. For example, Lemon tree hotel have addressed this impediment through programs and awareness-raising activities that work towards changing the opinion of the management.
· Education: The management should educate its employees. They have to create awareness among employees of the set of practices and benefits for increasing disability employment.
· Incentives: Motivate with incentives, organizations must be acknowledged and rewarded for their progress. Individual employees at all levels should also be motivated since they will also respond positively due to incentives.
Engaging employees with disabilities at workplace
Some of the initiatives which organizations need to take to engage the employees with disabilities are:
v Involvement: top management involvement
v Policies: human resource policies should be robust and supportive
v Environment: efforts to create an inclusive environment to help disabled employees among other employees
v Collaboration: collaboration with non-governmental organizations to update their knowledge regularly
v Infrastructure: modifications in the existing infrastructure to support the disabled employees
v Commitment: organizations should build impartial vow towards leadership. It should encourage its leaders to recruit people with disability. The organization should have a culture of recruiting individuals with disabilities in leadership positions, communicate their decisions and commitment inside and outside of their company, and, preferably, find their fervor.
v Accountability: organizations should create a position and identify a person who will be in charge of attracting, engaging, and advancing people with disabilities and make sure that person gets the required support and resources which they need to be successful. That person should be made accountable for achieving objectives of the company. Before offering the job they have to check the personality of the candidate along with their ability in taking decisions.
v Identity: managers should make it safe to identify people with disabilities. Managers should develop an organizational environment that makes it safe to for employees to disclose about their disability. They should also provide solid reasons as to why such a disclosure is important. This will help them in providing flexible working conditions.
v Skill levels: managers should raise understanding and skill levels of their employees. Training should be imparted to all employees on manners and consideration. Managers should be aware of their role. They should not be biased and they should know how to interview impartially and fully understand their accountabilities and legal obligation.