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Disability Law in Patna, India, primarily governed by the National "Rights of Persons with Disabilities Act, 2016", envisions the full realization of all human rights and fundamental freedoms by all disabled individuals. The law provides protection, rehabilitation, and support to those living with disabilities, covers a wide range of disabilities, and enforces non-discriminatory practices in employment, education, and access to public spaces. Furthermore, the state of Bihar, where Patna is situated, implements schemes and initiatives to provide better accessibility and opportunities for persons with disabilities.
Understanding and representing oneself within the complex legal avenues of Disability Law can be challenging. Lawyers can help navigate through these complexities. They can assist in understanding eligibility for disability benefits, helping to file for claims, or challenging a claim denial. Legal experts are also needed when addressing issues such as disability discrimination in employment, education, or access to facilities, or helping to ensure that an individual’s rights are not violated under the Disabilities Act.
The key aspects of the local laws, in the context of Disability, include non-discrimination on grounds of disability; equal opportunity and effective participation of disabled people in society; access to community life, education, employment, transport systems, and all public facilities and services; and full respect for the inherent dignity of persons with disabilities. More specifically, Bihar state legislation ensures access to free travel in state transport for persons with disabilities, reservation in government jobs, and provision for aids and appliances.
The act considers anyone with long-term physical, mental, intellectual, or sensory impairment which hampers his or her full and effective participation in society as a disabled person.
Discrimination could occur in numerous ways, including discrimination in the workplace such as refusal to hire or promote, unfair treatment in educational institutions, or denying access to public facilities.
The eligibility criteria vary depending upon the exact benefit or scheme. However, proof of disability, residence proof, income criteria, and, in some cases, a certain degree of diagnosed disability are common requirements.
A lawyer can help you understand why the claim was denied, guide you through the appeal process, gather necessary supporting documents, and represent you in administrative hearings or court proceedings.
The State Commissioner for Disability is appointed to monitor the implementation of laws and schemes, address grievances of persons with disabilities, and safeguard their rights and interests.
The Equal Opportunity Policy is a policy employers should formulate and publish for promoting opportunities and rights of persons with disabilities in their organization. It includes provisions for an inclusive work environment, facilities, recruitment process, etc.
No. As per Rights of Persons with Disabilities Act, 2016, no establishment can deny or discriminate against individuals with disabilities for services or goods available to the general public.
The law ensures that all persons with disabilities have the right to access inclusive education, vocational training, and continuous learning without discrimination.
Medical authorities in government hospitals are responsible for the issuance of disability certificates.
The government is responsible for creating policies, schemes, and laws that protect the rights of disabled individuals. It also works to raise public awareness and provide support in terms of financial aid, education, and employment opportunities.
The 'Department of Empowerment of Persons with Disabilities' under the Ministry of Social Justice and Empowerment, the 'National Handicapped Finance and Development Corporation', and the 'National Institute of Rehabilitation Training & Research' are some of the central government institutions that can provide assistance. Within Patna, the 'Bihar Viklang Kalyan Parishad' and the 'Bihar State Disability Commission' work towards the welfare and empowerment of persons with disabilities.
If you are in need of legal assistance in the field of Disability in Patna, India, the first step would be to contact a lawyer specializing in Disability Law. They can help you understand your rights and provide guidance on any legal action you may need to pursue. It is also beneficial to reach out to local and national disability organizations for support and additional resources, and to educate yourself about your rights and responsibilities as a disabled individual, as per the law.
