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About Disability Law in Gohana, India

Gohana, a town in the Sonipat district of Haryana, India, is governed by the national and state-level laws concerning the rights and welfare of persons with disabilities. Disability law in Gohana is primarily based on the Rights of Persons with Disabilities Act, 2016 (RPWD Act) and complementary guidelines issued by the Haryana government. These laws aim to protect the rights, ensure equality, and promote the inclusion of persons with disabilities in all aspects of life, including education, employment, access to public facilities, and social security.

Why You May Need a Lawyer

There are several situations in which individuals in Gohana may require the assistance of a lawyer experienced in disability law:

  • Securing disability certificates or government benefits.
  • Facing discrimination at the workplace, school, or public services due to disability.
  • Issues related to accessible infrastructure in public or private spaces.
  • Difficulty in accessing educational rights for disabled children.
  • Unfair denial of reservations in employment or education for persons with disabilities.
  • Family law matters such as guardianship for persons with intellectual or developmental disabilities.
  • Assistance with drafting legal documents like wills, powers of attorney, or trusts for disabled individuals.
  • Pursuing cases of abuse, neglect, or exploitation of disabled persons.
  • Appealing against denial of pensions, financial grants, or schemes targeted at persons with disabilities.

Legal experts can help interpret relevant laws, file applications or appeals, and represent you before courts or authorities to safeguard your rights or the rights of your family members.

Local Laws Overview

In Gohana, persons with disabilities are protected mainly by the national Rights of Persons with Disabilities Act (2016), supported by local implementation through the Haryana Rights of Persons with Disabilities Rules, 2017. Key points include:

  • Definition of Disability: The law recognizes several types of disabilities, such as blindness, low vision, hearing impairment, locomotor disability, intellectual disabilities, autism spectrum disorders, and more.
  • Reservation of Seats and Jobs: There are reservations of seats in educational institutions and government jobs for persons with benchmark disabilities (40% or more impairment).
  • Anti-Discrimination: It is unlawful for any person, institution, or employer to discriminate against a person on the basis of disability in matters of education, employment, or access to public services.
  • Accessibility: Governments and public authorities are required to make buildings, transportation systems, and communication services accessible to persons with disabilities.
  • Social Security: Various government schemes offer financial aid, assistive devices, and health benefits to eligible disabled individuals.
  • Redressal Mechanisms: Commissioners for persons with disabilities at the state and district levels address complaints and grievances related to unlawful treatment or violation of rights.
  • Guardianship and Legal Capacity: The law allows for support in decision-making and provision for limited guardianship to ensure autonomy and well-being.

Frequently Asked Questions

What is considered a disability under the law in Gohana?

Under the Rights of Persons with Disabilities Act, a disability is any physical, mental, intellectual, or sensory impairment that, in interaction with barriers, hinders full and effective participation in society. The law includes specific conditions like visual and hearing impairments, cerebral palsy, autism, mental illness, and more.

How do I obtain a disability certificate in Gohana?

You can apply for a disability certificate at the Civil Hospital or designated government medical authority in Gohana. The process typically involves medical examination and submission of supporting documents. The certificate confirms the type and degree of disability.

What benefits am I entitled to if I have a disability?

Eligible persons may receive benefits such as monthly pension, free or subsidized assistive devices, reservation in education and jobs, scholarships, travel concessions, and priority in social welfare schemes.

How can I report disability discrimination at work or in schools?

You can file a complaint with the District Social Welfare Office, State Commissioner for Persons with Disabilities, or approach the police if needed. A lawyer can advise you on the right authority and help with the process.

Are public places in Gohana required to be accessible to persons with disabilities?

Yes, public buildings, government offices, and transportation services are mandated by law to provide accessible infrastructure, such as ramps, accessible toilets, and signage.

What educational facilities are available for children with disabilities?

Government and private schools are required to admit children with disabilities and provide reasonable accommodations, special educators, and accessible learning materials. Special schools are also available in Sonipat district.

What should I do if my disability pension application is denied?

If your application is denied, you may request a review or appeal to higher authorities such as the District Social Welfare Officer. If necessary, consult a lawyer to challenge the decision in court.

How do I get legal guardianship for a person with severe disabilities?

Guardianship for persons needing assistance in managing affairs can be applied for under the National Trust Act, 1999, through the District Collector's office. Legal counsel can help in preparing and filing the application.

Where should I go in case of abuse or harassment of a disabled person?

Immediately contact the police, and report to the District Commissioner for Persons with Disabilities or the Social Welfare Department. Legal aid services or NGOs can assist with protection and filing complaints.

Can private employers in Gohana refuse to hire disabled applicants?

Discrimination in employment based on disability is prohibited by law. Private companies above a certain size also have obligations to provide reasonable accommodations and cannot reject candidates solely due to disability.

Additional Resources

If you need more information or assistance, consider reaching out to the following resources:

  • Office of the District Social Welfare Officer, Sonipat: Handles applications for disability certificates, pensions, and welfare schemes.
  • Chief Commissioner for Persons with Disabilities (CCPD): Central authority for complaint redressal.
  • District Legal Services Authority (DLSA), Sonipat: Provides free legal aid for eligible persons, including those with disabilities.
  • State Commissioner for Persons with Disabilities, Haryana: Oversight and grievance redressal at the state level.
  • Local NGOs: Organizations such as Saksham, Spastic Society of Gurgaon, and others support advocacy and practical help for disabled persons.
  • Government Hospitals: For issuance of medical certificates related to disability.

Next Steps

If you or a loved one need legal assistance regarding disability matters in Gohana:

  • Collect all relevant documents, such as medical reports, certificates, correspondence, and official notices.
  • Visit or contact the District Social Welfare Officer or District Legal Services Authority for preliminary advice or free legal aid.
  • Consider consulting a lawyer who specializes in disability law for complex issues, disputes, or court representation.
  • Act promptly, especially in cases of denial of essential services, discrimination, or rights violations to avoid missing application or appeal deadlines.
  • Keep a record of all interactions and communications with relevant authorities or individuals regarding your case.

Taking early action and seeking expert legal guidance can help secure your rights and access the benefits and protections guaranteed under the law in Gohana, India.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.