Working paper of Chapter on Social Security as a part of National Legislation on Disability in India drafted after consultation with Legal consultant on Sept 4, 2010.
Name of the Chapter: "Adequate standard of living Social Protection and Security"
1. Ensuring Adequate Standard of Living:
The Appropriate Authority shall recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right; and recognize their right to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right.
2. Reservation under Developmental Schemes:
The Appropriate Governments and local authorities shall reserve not less than five percent, in all poverty alleviation, rural development, social development, community development, women empowerment, health, housing, shelter, special schemes for other marginalized groups, cooperatives, micro-credit, loan schemes and disaster and other relief etc. for the benefit of persons with disabilities an their families. In all such schemes priority will be given to women and senior citizens with disabilities.
3. Allotment of Housing, Shelter and Land:
- 3.1 Housing and Shelter: Appropriate government to provide for preferential and concessional allotment of accessible housing of at least 5% reservation in all housing schemes including those of Panchayati Raj institutions, State Government, Central Governments, Housing Boards, Housing Corporations, under Poverty alleviation, slum clearance or urban development or any resettlement programmes of the Government to persons with disabilities with preference to women with disabilities and senior citizens with disabilities.
- 3.2 Land: The Appropriate Government and Local Authorities shall by notification frame, implement and monitor provision of land to persons with disabilities and their families , their association, parents groups, organizations working for them on preferential basis at concessional rates for the purposes of promoting their housing, shelter, setting of occupations, businesses, enterprises, self help groups, gainful occupations, recreation centers, production centers owned and managed by persons with disabilities etc. with the provisions of reservation of not less than 10 percent in allotment of land to all categories of disabilities for these and such other purposes.
- 3.3 Incentives may be given to house owners by way of reduction in electricity bills, house tax etc who lease out premises to persons with disabilities for residential or business purposes.
4. Shelter, Social Security and Food Security:
- 4.1 Shelter: Appropriate government shall address the shelter needs of those persons with disabilities who have no families, shelter and livelihood by creating community centres. Such community centres are to provide for adequate clean water, nutritional food, clothing, seasonal supports, healthcare facilities, and hygienic living conditions with sanitation facilities and accessible wash rooms etc. Such centres to also be equipped with emergency health care services, trauma councelling facilities. To prevent abuse and harassment of residents adequate security arrangements are to be made and regular social audits of these centers be conducted by committees constituted which would include DPO/NGO representatives in addition to caregivers and officers from the Social Welfare department.
- 4.2 During times of natural or man made calamities and also in areas and situations of conflict the government will give priority to setting of such community centers as a response to its obligations of providing disaster relief to children and persons with disabilities.
- 4.3 Provisions for Social care such as child rearing benefits and support systems for women with disabilities who have no livelihood and family support to enable them to bring up their children
- 4.4 Food Security: Appropriate government will ensure that all persons with disabilities who are below the poverty line are provided with AAY cards to ensure their food security within a time period of not more than 1 year from the date of enactment of this Act. For entitlement of AAY cards a person with disability will be considered as a single unit and not the family.
- 4.5 Appropriate government also to ensure that all persons with disabilities have access to safe drinking water and proper sanitation facilities especially in rural areas.
- 4.6 Assistive Devices: Appropriate government to provide for social security benefits as well as aids and appliances free of charge to persons with disabilities and those with high support needs and whose family income is below a certain level as determined by the government.
5. No Denial of Insurance:
All persons with disabilities, irrespective of their economic status, shall be provided insurance coverage to include amongst others, health and medical insurance, accident insurance and life and general insurance and provide for same coverage and same premium as applicable to all others. All government and private agencies providing such coverage will be mandated to do so under the law. This coverage will be applicable to also persons who experience the onset of disability, and to all persons with disabilities irrespective of nature and extent of disability.
- 6.1 The government will frame disability pension schemes to cover all persons with disabilities requiring this support. In all such schemes, the individual person with disability and not the family should be the unit of entitlement for award of disability pension.
- 6.2 There shall be provision for special initiatives in terms of enhanced disability pension for persons with multiple disabilities and for those with high support needs and for women and elderly disabled persons with disabilities.
- 6.3 The government to frame rules for making provisions for transfer of Pension benefits of government employees who are entitled to such benefits to their children with disabilities who may require this support.
7. Unemployment Allowance:
An unemployment allowance shall be provided to all unemployed persons with disabilities irrespective of length of their registration withemployment exchanges. Such unemployment allowance shall be framed giving due weightage and respect to the qualifications and skill sets of the person with disability and shall be uniform all across the country.
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