R Venkataramanan

R Venkataramanan

R Venkat's Blog

R Venkat's Blog
"To be an Inspiring Teacher,one should be a Disciplined Student throughout Life" - Venkataramanan Ramasethu

SNK

SNK

Wednesday, November 28, 2012

Rehabilitation Council of India

The Rehabilitation Council of India (RCI) is the apex government body, set up under an Act of Parliament, to regulate training programmes and courses targeted at disabled, disadvantaged, and special education requirement communities. It is the only statutory council in India that is required to maintain the Central Rehabilitation Register which mainly documents details of all qualified professionals who operate and deliver training and educational programmes for the targeted communities[2]. In the year 2000, the Rehabilitation Council of India (Amendment) Act, 2000, was introduced and notified consequently by the government of India. The amendment brought definitions and discussions provided within the earlier Rehabilitation Council of India Act, 1992, under the ambit of a larger act, namely, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995[3].

Professionals who can apply for RCI accreditation

As per RCI, the following categories of professionals can apply for RCI's accreditation process. (To apply, the requirement is specifically that the professionals be providing services targeted towards communities for which RCI has been set up) [4][5]:

Prosthetists and Orthotists
Audiologists and Speech Therapists
Clinical Psychologists
Rehabilitation Counsellors, Administrators
Rehabilitation Workshop Managers
Rehabilitation Psychologists
Rehabilitation Social Workers
Rehabilitation Practitioners in Mental Retardation
Speech Pathologists
Special Teachers for Educating and Training the Handicapped
Vocational Counsellors, Employment Officers and Placement Officers
Multi-purpose Rehabilitation Therapists, Technicians
Orientation and Mobility Specialists
Community Based Rehabilitation Professionals
Hearing and Ear Mould Technicians
Rehabilitation Engineers and Technicians

The council has reportedly registered around 12,000 such professionals across India.[1]

The Rehabilitation Council of India Act, 1992

No. 34 of 1992
(September 01, 1992)

This Act of Parliament received the assent of the President on the September 01, 1992. An Act to provide for the constitution of the Rehabilitation Council of India for regulating the training of rehabilitation professionals and the maintenance of a Central Rehabilitation Register and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Forty-third year of the Republic of India as follows:
CHAPTER ONE: PRELIMINARY
Short title and Commencement
1. (1) This Act may be called the Rehabilitation Council of India Act, 1992. (Short title and commencement).
(2) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.
Definition
2. (1) In this Act, unless the context otherwise requires:
"Chairperson" means the Chairperson of the Council appointed under sub-section (3) of section 3;
"Council" means the Rehabilitation Council of India constituted under section 3;
"Handicapped" means a person
(i) Visually disabled;
(ii) Hearing disabled;
(iii) Suffering from locomotor disability; or
(iv) Suffering from mental retardation.
"Hearing handicap" means deafness with hearing impairment of 70 decibels and above, in the better ear or total loss of hearing in both ears;
"Locomotor disability" means a person's inability to execute distinctive activities associated with moving, both himself and objects, from place, and such inability resulting from affliction of either bones, joints, muscles or nerves;
"member" means a member appointed under sub-section 3 of section 3 and includes the Chairperson;
"member Secretary" means the Member-secretary appointed under sub-section (1) of section 8;
"mental retardation" means a condition of arrested or in-complete development of mind of a person which is specially characterised by sub-normality of intelligence;
"notification" means a notification published in the official Gazette;
"prescribed: means prescribed by regulation;
"recognised rehabilitation qualifications" means any of the qualifications included in the schedule;
"Register" means the central Rehabilitation Register maintained under sub-section (1) of section 23;
"regulations" means regulations made under this Act;
"rehabilitation professionals' means
audiologists and speech therapists;
clinical psychologists;
hearing aid and ear mould technicians;
rehabilitation engineers and technicians;
special teachers for educating and training the disabled;
vocational counsellors, employment officers and placement officers dealing with disabled;
multi-purpose rehabilitation therapists, technicians; or
such other category of professionals as the central Government may, in consultation with the council notify from time to time.
"Visually disabled" means a person who suffers from any of the following conditions, namely:
(i) total absence of sight;
(ii) visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with the correcting lenses; or
(iii) limitations of the field of vision subtending and angle of 20 degree or worse.
(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.

CHAPTER TWO:THE REHABILITATION COUNCIL OF INDIA
Constitution and incorporation of Rehabilitation Council of India
3. (1) With effect from such date as the central government may by notification, appoint in this behalf, there shall be constituted for the purposes of this Act a council to be called the Rehabilitation Council of India.
(Constitution and incorporation of Rehabilitation Council of India)
(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued.
(3) The council shall consist of the following members namely:
A chairperson, from amongst the persons having experience in social work or rehabilitation, to be appointed by the central government.
Three members to be appointed by the central government to represent respectively the Ministries of the Central Government dealing with
(i) Welfare;
(ii) Health; and
(iii) Finance.
one member to be appointed by the Central Government to represent the University Grants Commissions;
one member to be appointed by the Central Government to represent the Directorate General of Indian Council of Medical Research.
Two members to be appointed by the Central Government to represent the Ministry of department of the states or the union territories dealing with social welfare by rotation in alphabetical order.
Such number of members not exceeding six as may be appointed by the central government from amongst the rehabilitation professionals working in voluntary organisations.
Such number of members not exceeding four as may be appointed by the central government from amongst the medical practitioners enrolled under the Indian Medical Council Act, 1956 and engaged in rehabilitation of the disabled.
Three members of parliament of whom two shall be elected by the House of the People and one by the Council of States;
Such number of members not exceeding three as may be nominated by the Central Government from amongst the social workers who are actively engaged in assisting the disabled;
The Member-Secretary, ex-officio

Term of office of Chairperson and Members
4. (1) (Term of office of chairperson and members).
The Chairperson or a member shall hold office for a term of two years from the date of his appointment or until his successor shall have been duly appointed, whichever is longer.
(2) A casual vacancy in the Council shall be filled in accordance with the provisions of section 3 and the person so appointed shall hold office only for the remainder of the term for which the member in whose place he was appointed would have held that office.
(3) The council shall meet at least once in each year at such time and place as may be appointed by the council and shall observe such rules of procedure in the transaction of business at a meeting as may be prescribed.
(4) The chairperson or, if for any reason, he is unable to attend the meeting of the council, any member elected by the members present from amongst themselves at the meeting shall preside at the meeting.
(5) All questions which come up before any meeting of the council shall be decided by a majority of votes of the members present and voting and in the event of an equality of votes, the chairperson or in his absence the person presiding shall have a second or casting vote.

Disqualification
5. No person shall be a member if he:
(Disqualifications)
is, or has become of unsound mind or is so declared by a competent court; or
is, or has been, convicted of any offence which in the opinion of the Central Government, involves moral turpitude; or
is, or at any time has been, adjudicated as insolvent.

Vacation of office by members
6. If a member: (Vacation of office by members)
becomes subject to any of the disqualifications mentioned in section 5; or
is absent without excuse, sufficient in the opinion of the council, from three consecutive meetings of the council; or
ceases to be enrolled on the Indian Medical Register in the case of a member referred to in clause (g) of sub-section (3) of section 3,
his seat shall thereupon become vacant.

Executive Committee and other Committees
7. (1) the Council shall constitute from amongst its members an Executive Committee and such other committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act. (Executive Committee and other committees).
(2) The Executive Committee shall consist of the Chairperson who shall be member
ex offcio and not less than seven and not more than ten members who shall be nominated by the council from amongst its members.
(3) The Chairperson shall be the Chairperson of the Executive Committee.
(4) In addition to the powers and duties conferred and imposed upon it by this Act, the executive committee or any other committee shall exercise and discharge such powers and duties as the council may confer or impose upon it by any regulations which may be made in this behalf.

Member Secretary and Employees of Council
8. (1) The Central Government shall appoint the Member-secretary of the Council to exercise such powers and perform such duties under the direction of the council as may be prescribed or as it deems necessary to him by the chairperson. (Member-Secretary and employees of council).
(2) The Council shall, with the previous sanction of the Central Government employee such officers and other employees, as it deems necessary to carry out the purpose of this Act.
(3) The Council shall, with the previous sanction of the Central Government, fix the allowances to be paid to the Chairperson and other members and determine the conditions of service of the Member-secretary, officers and other employees of the Council.

Vacancies in the Council not to invalidate date acts, etc
9. No act or proceeding of the Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in or any defect in the constitution of the Council or a committee thereof as the case may be.(Vacancies in the Council not to invalidate acts etc).

Dissolution of Rehabilitation Council and transfer of right
10. (1) On and from the date of the constitution of the Council, the Rehabilitation Council shall stand dissolved and on such dissolution:
(2) All the rights and liabilities of the Rehabilitation Council shall be transferred to and be the rights and liabilities of the council
(3) Without prejudice to the provisions of clause (b) all liabilities incurred all contracts entered into and all matters and things engaged to be done by with or for the Rehabilitation Council immediately before that date for or in connection with the purposes of the said Rehabilitation Council shall be deemed to have been incurred entered into or engaged to be done by with or for the council.
(4) All sums of money due to the Rehabilitation Council immediately before that date shall be deemed to be due to the council.
(5) All suits and other legal proceedings instituted or which could have been instituted by or against the Rehabilitation council immediately before that date may be continued or may be instituted by or against the council; and
(6) Every employee holding any office under the Rehabilitation Council immediately before that date shall hold his office in the council by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office as if the council had not been constituted and shall continue to do so as an employee of the council or until the expiry of a period of six months from that date if such employee opts not to be the employee of the council within such period.
(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or any other law for the time being in force, absorption of any employee by the council in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.
Explanation: In this section, 'Rehabilitation Council" means the Rehabilitation Council, a society formed and registered under the societies registration act, 1860 and functioning as such immediately before the constitution of the council.

CHAPTER THREE: FUNCTIONS OF THE COUNCIL

Recognition of qualifications granted by University etc., in India for Rehabilitation Professionals
11. (i) The qualifications granted by any University or other institution in India which are included in the schedule shall be recognised qualifications for rehabilitation professionals.
(ii) Any University or other institution which grants qualification for the rehabilitation professionals not included in the schedule may apply to the Central Government, after consulting the council may be notification, amend the schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the schedule against such qualification only when granted after a specified date.

Recognition of qualification by Institutions outside India
12. The council may enter into negotiations with the authority in any country outside India for settling a scheme of reciprocity for the recognition of qualifications and in pursuance of any such scheme, the Central government may by notification amend the schedule so as to be recognised and by such notification may also direct than an entry shall be made in the last column of the schedule declaring that it shall be the recognised qualification only when granted after a specified date.

Rights of persons possessing qualifications included in the schedule to be enrolled
13. (1) Subject to the other provisions contained in this Act, any qualification included in the schedule shall be sufficient qualification for enrolment on the Register. (Rights of persons possessing qualifications included in the schedule to be enrolled).
(2) No person, other than the rehabilitation professional who possesses a recognised rehabilitation qualification and is enrolled on the Register:
Shall hold office as rehabilitation professional or any such office (by whatever designation called) in Government or any institution maintained by a local or other authority.
Shall practice as rehabilitation professional anywhere in India.
Shall be entitled to sign or authenticate any certificate required by any law to be signed or authenticated by rehabilitation professional.
Shall be entitled to giver any above evidence in any court as an expert under section 45 of the Indian Evidence Act, 1872 on any matter relating to the disabled, provided that if a person possesses the recognised rehabilitation professional qualifications on the date of commencement of this Act, he shall be deemed to be an enrolled rehabilitation professional for a period of six months from such commencement and if he has made an application for enrolment on the Register within said period of six months till such application is disposed of.
(3) Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term, which may extend to one year or with fine, which may extend to one thousand rupees or with both.

Power to require information as to courses of study and examination
14. Every University or Institution in India, which grants recognized rehabilitation professional qualifications shall furnish such information as the council may from time to time require as to the courses of study and examinations to be undergone in order to obtain such qualification as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.,

Inspectors at examinations
15. (1) the council shall appoint such number of Inspectors as it may deem requisite to inspect any University or institution where education for practicing as rehabilitation professionals is given or to attend any examination held by any University or institution for the purpose of recommending to the Central Government recognition of qualifications granted by that University or institution as recognised rehabilitation qualification.
(2) The Inspectors appointed under sub-section (1) shall not interfere with the conduct of any training or examination but shall report to the Council on the adequacy of the standards of education including staff equipment accommodation training and other facilities prescribed for giving such education of the sufficiency of every examination, which they attend.
(3) The council shall forward a copy of the report of the inspector under sub-section (2) to the University or institution concerned and shall also forward a copy, with the remarks of the University or the Institution thereon, to the Central Government.

Visitors at examination
16. (1) The Council may appoint such number of visitors as it may deem requisite to inspect any University or institution wherein education for rehabilitation professionals is given or attend any examination for the purpose of granting recognised rehabilitation qualifications.
(2) Any person, whether he is a member of the council or not, may be appointed as a visitor under sub-section (1) but a person who is appointed as a Inspector under sub-section (1) of section 15 for any inspection or examination shall not be appointed as a visitor for the same inspection or examination.
(3) The Visitor shall not interfere with the conduct of any training or examination but shall report to the Chairperson on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving education to the rehabilitation professionals or on sufficiency of every examination which they attend.
(4) The report of a Visitor shall be treated as confidential unless in any particular case the chairperson otherwise, directs:
Provided that if the central Government requires a copy of the report of a visitor, the council shall furnish the same.

Withdrawal of recognition
17. (1) when upon report by the Inspector or the Visitor it appears to the council
that the course of study and examination to be undergone in or the proficiency required from candidates at any examination held by any University or institution or
that the staff equipment accommodation training and other facilities for instruction and training provided in such University or institution Do not conform to the standard prescribed by the Council; the council shall make a representation to that effect to the Central Government.
(2) After considering such representation the Central government may send it to the University or institution which an intimation of the period within which the university or institution may submits its explanation to the Government.
(3) On the receipt of the explanation or where no explanation is submitted within the period fixed then on the expiry of that period, the central Government after making such further inquiry if any, as it may think fit, may, by notification, direct that an entry shall be made in the schedule against the said recognised rehabilitation qualification only when granted before specified date for that the said recognised rehabilitation qualification if granted to students of a specified University or Institution shall be recognized rehabilitation qualification only when granted before a specified date or as the case may be that the said recognised rehabilitation qualification shall be recognition rehabilitation qualification relation to a specified University or institution only when granted after a specified date.

Minimum standards of education
18. The council may prescribe the minimum standards of education required for granting recognised rehabilitation qualification by Universities or institutions in India.

Registration in Register
19. The Member-Secretary of the council may, on receipt of an application made by any person in the prescribed manner enter his name in the Register provided that the Member-Secretary is satisfied that such person possesses the recognized rehabilitation qualification.

Privileges of persons who are registered on Register
20. Subject to the conditions and restrictions laid down in this Act regarding engagement in the area of rehabilitation of the disabled by persons possessing the recognised rehabilitation qualifications, every persons whose name is for the time being borne on the Registrar shall be entitled to practice as a rehabilitation professional in any part of India and to recover in due course of law in respect of such practice any expenses , charges in respect of medicaments on other appliances or any fees to which he may be entitled.

Professional Conduct and removal of names from Register
21. (1) The council may prescribe standards of professional conduct and enquire and a code of ethics for rehabilitation professionals.
(2) Regulation made by the council under sub-section (1) any specify which violation thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct., and such provision shall effect notwithstanding anything contained in any other law for the time being in force.
(3) The council may order that the name of any person shall be removed from the Registrar where it is satisfied after giving the persons a reasonable opportunity of being heard and after such further inquiry, if any, as it may deem fit to make
that his name has been entered in the Register by error or on account of misrepresentation or suppression of a material fact.
That he has been convicted of any offence or has been guilty of any infamous conduct in any professional respect, or has violated /the standards of professional conduct and etiquette or the code ethics prescribed under sub-section (1) which, in the opinion of the council, renders him unfit to be kept in the Register.
(4) An order under sub-section (3) may direct that any person where same is ordered to be removed from the Register shall be intelligible for Registration under this Act either permanently or for such period of years or may be specified.

Appeal against Order of removal from Register
22. (1) Where the name of any person has been removed from the Register or any ground other than that he is not possessed of the requisite rehabilitation qualifications he may appeal, in the prescribed manner and subject to such conditions including such conditions as to the payment of a fee as may be prescribed to the Central Government whose decision thereon shall be final.
(2) No appeal under sub-section (1) shall be admitted if it is preferred after the expiry of a period of thirty days from the date of the order under subscription (3) of section 21:
Provided that an appeal may be admitted after the expiry of the said period of thirty days if the appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within the said period.

Register
23. (1) It shall be the duty of the Member-secretary to keep and maintain the Register in accordance with the provisions of this Act and any order made by the council and from time to time to revise the Register and publish in the Official Gazette.
(2) The Register shall be deemed to be a public document within the meaning of the Indian evidence Act, 1872 and may be proved by a copy thereof.

Information to be furnished by council and publication thereof
24. (1) The council shall furnish such reports, copies of its minutes, abstracts of its accounts and other information to the central government as that government may require.
(2) The Central Government may publish in such manner as it may think fit, any report, copy, abstract or other information furnished to it by the Council under this section or under section 16.

Cognizance of offenses
25. Notwithstanding anything contained in the code of Criminal Procedure, 1973, no court shall take cognisance of an offence punishable under this Act except upon a complaint in writing made by any person authorised in this behalf by the council.

Protection of action taken in good faith
26. No suit, prosecution or other legal proceeding shall lie against the Central government, chairperson, members, member-secretary or any officer or other employee of the council for anything which is in good faith done or intended to be done under this Act.

Employees of Council to be public servants
27. The Chairperson, members, member-secretary, officers and other employees of the council shall, while acting or purporting to act in pursuance of the provisions of this Act or of any rule and regulation made there under, be deemed to be public servants within the maintain of section 21 of the Indian Penal Code.

Power to make rules
28. The Central Government may, by notification make rules to carry out the purposes of this Act.

Power to make regulations
29. The Council may, with previous sanction of the central Government, make by notification, regulations centrally to carry out the purposes of this Act and without prejudice to the generality of the foregoing power, such regulations may provide for-
the management of the property of the council;
the maintenance and audit of the accounts of the council;
the registration of members of the council;
the powers and duties of the Chairperson;
the rules of procedure in the transaction of business under subsection (3) of section (4);
the function of the Executive Committee and other Committees, constituted under section 7;
the powers and duties of the Member-secretary under sub-section (1) of section 8;
the qualifications, appointment, powers and duties of and procedure to be followed by Inspectors and visitors.
The courses and period of study or of training, to be undertaken, the subject of examination and standards of proficiency therein to be obtained in any university or any institution for grant of recognised rehabilitation qualification;
The standard of staff, equipment, accommodation, training and other facilities for study or training of the rehabilitation professionals;
The conduct of examinations, qualifications of examiners, and the condition of the admission to such examinations;
The standards of professional conduct and etiquette and code of ethics to be observed by rehabilitation professionals under sub-section (1) of section 21;
The particulars to be stated, and proof of qualifications to be given, in application for registration under this Act;
The manner in which and the conditions subject to which an appeal may be preferred under sub-section (1) of section 22;
The fees to be paid on applications and appeals under this Act;
Any other matter which is to be or may be prescribed.

Laying of rules and regulations before Parliament
30. Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is an session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made , the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

THE REHABILITATION COUNCIL OF INDIA ACT, 1992

THE REHABILITATION COUNCIL OF INDIA ACT, 1992
(No.34 OF 1992)
CHAPTER I - PRELIMINARY
CHAPTER II - THE REHABILITATION COUNCIL OF
INDIA
CHAPTER III - FUNCTIONS OF THE COUNCIL
THE SCHEDULE
( AMENDMENT) ACT, 2000

THE GAZETTE OF INDIA
EXTRAORDINARY
PART II – Section 1
PUBLISHED BY AUTHORITY
NEW DELHI, WEDNESDAY, SEPTEMBER 2, 1992
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 2
nd
September, 1992/Bhadra 11, 1914 (Saka)
The following Act of Parliament received the assent of the President on the
1
st
September, 1992, and is hereby published for general information: -
THE REHABILITATION COUNCIL OF INDIA ACT, 1992
No. 34 of 1992
[1
st
September, 1992.]
An Act to provide for the constitution of the Rehabilitation Council of India for
regulating the training of rehabilitation professionals and the maintenance of
a Central Rehabilitation Register and for matters connected therewith or
incidental thereto.
BE it enacted by Parliament in the Forty-third Year of the Republic of India as
follows: -CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Rehabilitation Council of India Act,
1992.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires, -
(a) “Chairperson‟ means the Chairperson of the Council
appointed under sub-section (3) of section 3;
(b) “Council” means the Rehabilitation Council of India
constituted under section 3;
(c) “handicapped” means a person-
(i) visually handicapped;
(ii) hearing handicapped;
(iii) suffering from locomotor disability; or
(iv) suffering from mental retardation;
(d) “hearing handicap” means deafness with hearing
impairment of 70 decibels and above, in the better ear or
total loss of hearing in both ears;
(e) “locomotor disability” means a person‟s inability to
execute distinctive activities associated with moving, both
himself and objects, from place to place, and such
inability resulting from affliction of either bones, joints,
muscles or nerves;
(f) “member” means a member appointed under sub-section
(3) of section 3 and includes the Chairperson;
(g) “Member-Secretary” means the Member-Secretary
appointed under sub-section (1) of section 8;
(h) “mental retardation” means a condition of arrested or
incomplete development of mind of a person which is
specially characterized by sub-normality of intelligence;
(i) “notification” means a notification published in the Official
Gazette;(j) “prescribed” means prescribed by regulations;
(k) “recognised rehabilitation qualifications” means any of the
qualifications included in the Schedule;
(l) “Register” means the Central Rehabilitation Register
maintained under sub-section (1) of section 23;
(m) “regulations” means regulations made under this Act;

(n) “rehabilitation professionals” means-
(i) audiologists and speech therapists;
(ii) clinical psychologists;
(iii) hearing aid and ear mould technicians;
(iv) rehabilitation engineers and technicians;
(v) special teachers for educating and training the
handicapped;
(vi) vocational counsellors, employment officers and
placement officers dealing with handicapped;
(vii) multi-purpose rehabilitation therapists, technicians;
or
(viii) such other category of professionals as the Central
Government may, in consultation with the Council,
notify from time to time;
(o) “visually handicapped” means a person who suffers from
any of the following conditions, namely:-
(i) total absence of sight;
(ii) visual acquity not exceeding 6/60 or 20/200
(snellen) in the better eye with the correcting
lenses; or
(iii) limitation of the field of vision subtending and
angle of degree or worse.(2) Any reference in this Act to any enactment or any provision
thereof shall, in relation to an area in which such enactment or such
provision is not in force, be construed as a reference to the corresponding
law or the relevant provision of the corresponding law, if any, in force in that
area.
CHAPTER II
THE REHABILITATION COUNCIL OF INDIA
3. (1) With effect from such date as the Central Government may, by
notification, appoint in this behalf, there shall be constituted for the
purposes of this Act a Council to be called the Rehabilitation Council of
India.
(2) The Council shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal, with power, subject
to the provisions of this Act, to acquire, hold and dispose of property,
both movable and immovable, and to contract and shall by the said
name sue and be sued.
(3) The Council shall consist of the following members, namely:-
(a) a Chairperson, from amongst the persons having
experience in social work or rehabilitation, to be appointed by
the Central Government;
(b) three members to be appointed by the Central
Government to represent respectively the Ministries of the
Central Government dealing with-
(i) Welfare;
(ii) Health; and
(iii) Finance;
(c) one member to be appointed by the Central Government
to represent the University Grants Commission;
(d) one member to be appointed by the Central Government
to represent the Directorate General of Indian Council of Medical
Research;
(e) two members to be appointed by the Central Government
to represent the Ministry or department of the States or the
union territories dealing with Social Welfare by rotation in
alphabetical order;(f) such number of members not exceeding six as may be
appointed by the Central Government from amongst the
rehabilitation professionals working in voluntary organizations;
(g) such number of members not exceeding four as may be
appointed by the Central Government from amongst the medical
practitioners enrolled under the Indian Medical Council Act,
1956 and engaged in rehabilitation of the handicapped;
(h) three Members of Parliament of whom two shall be
elected by the House of the People and one by the Council of
States;
(i) such number of members not exceeding three as may be
nominated by the Central Government from amongst the social
workers who are actively engaged in assisting the disabled;
(j) the Member-Secretary, ex officio.
(4) The office of member of the Board shall not disqualify its holder
for being chosen as, or for being, a Member of either House of
Parliament.
4. (1) The Chairperson or a member shall hold office for a term of two
years from the date of his appointment or until his successor shall
have been duly appointed, whichever is longer.
(2) A casual vacancy in the Council shall be filled in accordance with
provisions of section 3 and the person so appointed shall hold office
only for the remainder of the term for which the member in whose
place he was appointed would have held that office.
(3) The Council shall meet at least once in each year at such time
and place as may be appointed by the Council and shall observe such
rules of procedure in the transaction of business at a meeting as may
be prescribed.
(4) The Chairperson or, if for any reason, he is unable to attend the
meeting of the Council, any member elected by the members present
from amongst themselves at the meeting, shall preside at the
meeting.
(5) All questions which come up before any meeting of the Council
shall be decided by a majority of votes of the members present and
voting, and in the event of an equality of votes, the Chairperson, or in
his absence, the person presiding shall have a second or casting vote.5. No person shall be a member if he-
(a) is, or becomes, of unsound mind or is so declared by a
competent court; or
(b) is, or has been, convicted of any offence which, in the opinion of
the Central Government, involves moral turpitude; or
(c) is, or at any time has been, adjudicated as insolvent.
6. If a member-
(a) becomes subject to any of the disqualifications mentioned in
section 5; or
(b) is absent without excuse, sufficient in the opinion of the Council,
from three consecutive meetings of the Council; or
(c) ceases to be enrolled on the Indian Medical Register in the case
of a member referred to in clause (g) of sub-section (3) of
section 3, his seat shall thereupon become vacant.
7. (1) The Council shall constitute from amongst its members an
Executive Committee and such other committees for general or special
purpose as the Council deems necessary to carry out the purpose of
this Act.
(2) The Executive Committee shall consist of the Chairperson
who shall be member ex officio and not less than seven and not more
than ten members who shall be nominated by the Council from
amongst its members.
(3) The Chairperson shall be the Chairperson of the Executive
Committee.
(4) In addition to the powers and duties conferred and imposed
upon it by this Act, the Executive Committee or any other committee
shall exercise and discharge such powers and duties as the Council
may confer or impose upon it by any regulations which may be made
in this behalf.
8. (1) The Central Government shall appoint the Member-Secretary of
the Council to exercise such powers and perform such duties under the
direction of the Council as may be prescribed or as may be delegated
to him by the Chairperson.(2) The Council shall, with the previous sanction of the Central
Government employ such officers and other employees as it deems
necessary to carry out the purpose of this Act.
(3) The Council shall, with the previous sanction of the Central
Government, fix the allowances to be paid to the Chairperson and
other members and determine the conditions of service of the
Member-Secretary, officers and other employees of the Council.
9. No act or proceeding of the Council or any committee thereof shall be
called in question on the ground merely of the existence of any vacancy in,
or any defect in the constitution of, the Council or a committee thereof, as
the case may be.
10. (1) On and from the date of the constitution of the Council, the
Rehabilitation Council shall stand dissolved and on such dissolution,-
(a) all properties and assets, movable and immovable, of, or
belonging to, the Rehabilitation Council shall vest in the
Council;
(b) all the rights and liabilities of the Rehabilitation Council
shall be transferred to, and be the rights and liabilities of,
the Council;
(c) without prejudice to the provisions of clause (b), all
liabilities incurred, all contracts entered into and all
matters and things engaged to be done by, with or for the
Rehabilitation Council immediately before that date, for or
in connection with the purposes of the said Rehabilitation
Council shall be deemed to have been incurred, entered
into, or engaged to be done by, with or for, the Council;
(d) all sums of money due to the Rehabilitation Council
immediately before that date shall be deemed to be due
to the Council;
(e) all suits and other legal proceedings instituted or which
could have been instituted by or against the
Rehabilitation Council immediately before that date may
be continued or may be instituted by or against the
Council; and
(f) every employee holding any office under the
Rehabilitation Council immediately before that date shall
hold his office in the Council by the same tenure and
upon the same terms and conditions of service as
respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such
office as if the Council had not been constituted and shall
continue to do so as an employee of the Council or until
the expiry of a period of six months from that date if such
employee opts not to be the employee of the Council
within such period.
(2) Notwithstanding anything contained in the Industrial Disputes
Act, 1947 or any other law for the time being in force, absorption of
any employee by the Council in its regular service under this section
shall not entitle such employee to any compensation under that Act or
other law and no such claim shall be entertained by any court, tribunal
or other authority.
Explanation.- In this section, “Rehabilitation Council” means the
Rehabilitation Council, a society formed and registered under the
Societies Registration Act, 1860 and functioning as such immediately
before the constitution of the Council.
CHAPTER III
FUNCTIONS OF THE COUNCIL
11. (1) The qualifications granted by any University or other institution
in India which are included in the Schedule shall be recognized
qualifications for rehabilitation professionals.
(2) Any University or other institution which grants qualification for
the rehabilitation professionals not included in the Schedule may apply
to the Central Government to have any such qualification recognized,
and the Central Government, after consulting the Council may, by
notification, amend the Schedule so as to include such qualification
therein and any such notification may also direct that an entry shall be
made in the last column of the Schedule against such qualification only
when granted after a specified date.
12. The Council may enter into negotiations with the authority in any
country outside India for settling of a scheme of reciprocity for the
recognition of qualifications, and in pursuance of any such scheme, the
Central Government may, by notification, amend the Schedule so as to
include therein any qualification which the Council has decided should be
recognized, and by such notification may also direct that an entry shall be
made in the last column of the Schedule declaring that it shall be the
recognized qualification only when granted after a specified date.13. (1) Subject to the other provisions contained in this Act, any
qualification included in the Schedule shall be sufficient qualification
for enrolment on the Register.
(2) No person, other than the rehabilitation professional who
possesses a recognized rehabilitation qualification and is
enrolled on the Register,-
(a) shall hold office as rehabilitation professional or any such
office (by whatever designation called) in Government or
in any institution maintained by a local or other authority;
(b) shall practice as rehabilitation professional anywhere n
India;
(c) shall be entitled to sign or authenticate any certificate
required by any law to be signed or authenticated by a
rehabilitation professional;
(d) shall be entitled to give any evidence in any court as an
expert under section 45 of the Indian Evidence Act, 1872
on any matter relating to the handicapped:
Provided that if a person possesses the recognized rehabilitation
professional qualifications on the date of commencement of this
Act, he shall be deemed to be an enrolled rehabilitation
professional for a period of six months from such
commencement, and if he has made an application for
enrolment on the Register within said period of six months, till
such application is disposed of.
(3) Any person who acts in contravention of any provision of subsection (2) shall be punished with imprisonment for a term
which may extend to one year, or with fine which may extend to
one thousand rupees, or with both.
14. Every University or institution in India which grants a recognized
qualification shall furnish such information as the Council may, from time to
time, require as to the courses of study and examinations to be under gone
in order to obtain such qualification, as to the ages at which such courses of
study and examinations are required to be undergone and such qualification
is conferred and generally as to the requisites for obtaining such
qualification.15. (1) The Council shall appoint such number of Inspectors as it may
deem requisite to inspect any University or institution where education
for practicing as rehabilitation professionals is given or to attend any
examination held by any University or institution for the purpose of
recommending to the Central Government recognition of qualifications
granted by that University or institution as recognized rehabilitation
qualifications.
(2) The Inspectors appointed under sub-section (1) shall not
interfere with the conduct of any training or examination but shall
report to the Council on the adequacy of the standards of education
including staff, equipment, accommodation, training and other facilities
prescribed for giving such education or of the sufficiency of every
examination which they attend.
(3) The council shall forward a copy of the report of the Inspector
under sub-section (2) to the University or institution concerned and
shall also forward a copy, with the remarks of the University or the
institution thereon, to the Central Government.
16. (1) The Council may appoint such number of Visitors as it may
deem requisite to inspect any University or institution wherein
education for rehabilitation professionals is given or attend any
examination for the purpose of granting recognized rehabilitation
qualifications.
(2) Any person, whether he is a member of the Council or not, may
be appointed as a Visitor under sub-section (1) but a person who is
appointed as an Inspector under sub-section (1) of section 15 for any
inspection or examination shall not be appointed as a Visitor for the
same inspection or examination.
(3) The Visitor shall not interfere with the conduct of any training or
examination but shall report to the Chairperson on the adequacy of the
standards of education including staff, equipment, accommodation,
training and other facilities prescribed for giving education to the
rehabilitation professionals or on sufficiency of every examination
which they attend.
(4) The report of a Visitor shall be treated as confidential unless in
any particular case the Chairperson otherwise, directs:
Provided that if the Central Government requires a copy of the report
of a Visitor, the Council shall furnish the same.
17. (1) When upon report by the Inspector or the Visitor it appears to
the Council-(a) that the courses of study and examination to be
undergone in or the proficiency required from candidates at any
examination held by any University or institution, or
(b) that the staff, equipment, accommodation, training and
other facilities for instruction and training provided in such
University or institution,
do not conform to the standard prescribed by the Council, the Council
shall make a representation to that effect to the Central Government.
(2) After considering such representation, the Central Government
may send it to the University or institution with an intimation of the
period within which the University or institution may submit its
explanation to that Government.
(3) On the receipt of the explanation or where no explanation is
submitted within the period fixed then, on the expiry of that period,
the Central Government after making such further inquiry, if any, as it
may think fit, may, by notification, direct that an entry shall be made
in the Schedule against the said recognized rehabilitation qualification
declaring that it shall be the recognized rehabilitation qualification only
when granted before a specified date or that the said recognized
rehabilitation qualification if granted to students of a specified
University or institution shall be recognized rehabilitation qualification
only when granted before a specified date, or as the case may be, that
the said recognized rehabilitation qualification shall be recognized
rehabilitation qualification in relation to a specified University or
institution only when granted after a specified date.
18. The Council may prescribe the minimum standards of education
required for granting recognized rehabilitation qualification by Universities or
institutions in India.
19. The Member-Secretary of the Council may, on receipt of an application
made by any person in the prescribed manner enter his name in the Register
provided that the Member-Secretary is satisfied that such person possesses
the recognized rehabilitation qualification.
20. Subject to the conditions and restrictions laid down in this Act
regarding engagement in the area of rehabilitation of the handicapped by
persons possessing the recognized rehabilitation qualifications, every person
whose name is for the time being borne on the Register shall be entitled to
practice as a rehabilitation professional in any part of India and to recover in
due course of law in respect of such practice any expenses, charges in respect of medicaments or other appliances or any fees to which he may be
entitled.
21. (1) The Council may prescribe standards of professional conduct
and etiquette and a code of ethics for rehabilitation professionals.
(2) Regulations made by the Council under sub-section (1) may
specify which violations thereof shall constitute infamous conduct in
any professional respect, that is to say, professional misconduct, and
such provision shall have effect notwithstanding anything contained in
any other law for the time being in force.
(3) The Council may order that the name of any person shall be
removed from the Register where it is satisfied, after giving that
person a reasonable opportunity of being heard, and after such further
inquiry, if any, as it may deem fit to make,-
(i) that his name has been entered in the Register by error
or on account of misrepresentation or suppression of a
material fact;
(ii) that he has been convicted of any offence or has been
guilty of any infamous conduct in any professional
respect, or has violated the standards of professional
conduct and etiquette or the code of ethics prescribed
under sub-section (1) which, in the opinion of the Council,
renders him unfit to be kept in the Register.
(4) An order under sub-section (3) may direct that any person
whose name is ordered to be removed from the Register shall be
ineligible for registration under this Act either permanently or for such
period of years as may be specified.
22. (1) Where the name of any person has been removed from the
Register on any ground other than that he is not possessed of the
requisite rehabilitation qualifications, he may appeal, in the prescribed
manner and subject to such conditions, including conditions as to the
payment of a fee, as may be prescribed to the Central Government
whose decision thereon shall be final.
(2) No appeal under sub-section (1) shall be admitted if it is
preferred after the expiry of a period of thirty days from the date of
the order under sub-section (3) of section 21:
Provided that an appeal may be admitted after the expiry of the said
period of thirty days if the appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within the
said period.
23. (1) It shall be the duty of the Member-Secretary to keep and
maintain the Register in accordance with the provisions of this Act and
any order made by the Council and from time to time to revise the
Register and publish it in the Official Gazette.
(2) The Register shall be deemed to be a public document within
the meaning of the Indian Evidence Act, 1872 and may be proved by a
copy thereof.
24. (1) The Council shall furnish such reports, copies of its minutes,
abstracts of its accounts, and other information to the Central
Government as that Government may require.
(2) The Central Government may publish in such manner as it may
think fit, any report, copy, abstract or other information furnished to it
by the Council under this section or under section 16.
25. Notwithstanding anything contained in the Code of Criminal Procedure,
1973, no court shall take cognizance of an offence punishable under this Act
except upon a complaint, in writing, made by any person authorized in this
behalf by the Council.
26. No suit, prosecution or other legal proceeding shall lie against the
Central Government, Council, Chairperson, members, Member-Secretary or
any officer or other employee of the Council for anything which is in god faith
done or intended to be done under this Act.
27. The Chairperson, members, Member-Secretary, officers and other
employees of the Council shall, while acting or purporting to act in pursuance
of the provisions of this Act or of any rule and regulation made there under,
be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.
28. The Central Government may, by notification, make rules in carry out
the purposes of this Act.
29. The Council may with the previous sanction of the Central
Government, make, by notification, regulations generally to carry out the
purposes of this Act, and without prejudice to the generality of the foregoing
power, such regulations may provide for-
(a) the management of the property of the Council;(b) the maintenance and audit of the accounts of the Council;
(c) the resignation of members of the Council;
(d) the powers and duties of the Chairperson;
(e) the rules of procedure in the transaction of business under subsection (3) of section 4;
(f) the function of the Executive Committee and other committees,
constituted under section 7;
(g) the powers and duties of the Member-Secretary under subsection (1) of section 8;
(h) the qualifications, appointment, powers and duties of, and
procedure to be followed by, Inspectors and Visitors;
(i) the courses and period of study or of training, to be undertaken,
the subjects of examination and standards of proficiency therein
to be obtained in any University or any institution for grant of
recognized rehabilitation qualification;
(j) the standards of staff, equipment, accommodation, training and
other facilities for study or training of the rehabilitation
professionals;
(k) the conduct of examinations, qualifications of examiners, and
the condition of the admission to such examinations;
(l) the standards of professional conduct and etiquette and code of
ethics to be observed by rehabilitation professionals under
subjection (1) of section 21;
(m) the particulars to be stated, and proof of qualifications to be
given, in application for registration under this Act;
(n) the manner in which and the conditions subject to which an
appeal may be preferred under sub-section (1) of section 22;
(o) the fees to be paid on applications and appeals under this Act;
(p) any other matter which is to be, or may be, prescribed.
30. Every rule and every regulation made under this Act shall be laid, as
soon as may be after it is made, before each House of Parliament, while it is
in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making, any modification in the rule or
regulation, or both Houses agree that the rule or regulation should not be
made, the rule or regulation shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or regulation.
RAGHBIR SINGH
Secy. To the Govt. of IndiaTHE SCHEDULE
(See Section 11)
RECOGNISED REHABILITATION QUALIFICATIONS GRANTED BY
UNIVERSITIES OR INSTITUTIONS IN INDIA
University/Institution Name of Course Qualification Remarks
1 2 3 4
I-Rehabilitation engineers/technicians
National Institute for
the Orthopaedically
Handicapped,
B.T.Road,
Bonhooghly,
Calcutta-700 090
Diploma in Prosthetic
& Orthotic
Engineering (2 Years)
Diploma
Department of
Rehabilitation,
Safdarjang Hospital,
New Delhi
Course in Prosthetics
& Orthotics
(3 Years)
Diploma
Govt. Institute of
Rehabilitation of
Medicine, K.K.Nagar,
Madras-600 083
Diploma in Orthotics
& Prosthetics
National Institute of
Rehabilitation
Training and
Research, Olatpur,
P.O.: Bairoi Distt.
Cuttack (Orissa).
Diploma in Prothetic
& Orthotic
Engineering
(2 Years)
Diploma
All India Institute of
Physical Medicine &
Rehabilitation, Haji
Ali, Khadye Marg,
Mahalaxmi,
Bombay-4000034
B.Sc.(P&O) DegreeSchool of Prosthetics
& Orthotics,
K.K.Nagar, Madras-
600 083
Diploma in Prosthetic
& Orthotics
Engineering
(2 Years duration)
Diploma
Schieffelin Leprosy
Research and
Training Centre,
Karigiri, SLR
Sanatorium,
P.O.North Arcot
Distt. (S.India)
Prosthetic Technician
Course
(18 months)
Diploma
II.-Audiologists and speech therapists
All India Institute of
Speech and Hearing,
Manasa Gangothri,
Mysore-576 006
(B.Sc.Speech &
Hearing)
(3 Years duration)
Degree
Ali Yavar Jung
National Institute for
the Hearing
Handicapped,
Bandra (W),
Bombay-400 050
B.SC.(A. & S.T.)
(3 Years duration)
Degree
Post-Graduate
Institute of Medical
Education and
Research,
Chandigarh-160 012
B.Sc.(Speech &
Hearing)
(3 Years duration)
Degree
Topiwala National
Medical College and
BYL Nair Charitable
Hospital, Dr. A.L.
Nair Road, Bombay-
400 008
Diploma in Audiology
& Speech Therapy
(B.Sc.)
Diploma
All India Institute of
Medical Sciences,
Ansari Nagar, New
Delhi
B.Sc.(Hons.) in
Speech & Hearing
Degree
III.- Teachers of special schools and integrated schools for the disabled Shri K.L. Institute
for the Deaf, 51,
Vidyanagar,
Bhavnagar-364 002
(Gujarat)
Teachers Training for
the Deaf
(1 Year duration)
Diploma
The Educational
Audiology and
Research Centre
School for the Deaf
“PONAM” 67,
Napean Sea Road,
Bombay-400 006
Certificate Course for
Teachers of the Deaf
(10 months duration)
Certificate
V.R.Ruia MookBadhir Vidyalaya,
Pune-30
Teachers Training
Diploma Course for
the Deaf Students
(1 Year duration)
Diploma
Little Flower
Convent Higher Sec.
School for the Deaf,
127, G.N.Road,
Cathedral P.O.,
Madras-600 006
(i) Junior Diploma in
Teaching the Deaf
(ii) Senior Diploma in
Teaching the Deaf
(10 months duration)
Diploma
The Blind Relief
Association Lal
Bahadur Shastri
Marg, New Delhi-10
003
One Year Diploma
Course for Training of
Teachers of the Blind
Diploma
The Clarke School
for the Deaf,
“SADHANA”, No. 3,
Third Street,
Dr. Radhakrishnan
Road, Mylapore,
Madras-600 004
(i) Teachers Training
for the Deaf
(ii)Teachers Training
for he Mentally
Retarded
Diploma
Diploma
Ramakrishna
Mission,
Blind Boy‟s
Academy,
Harendrapur-743
508, West Bengal
(i) In-Service
Primary level
Teachers of the
Visually Handicapped
(18 months duration)
(ii) Secondary level
Teachers of the
Visually Handicapped
Diploma(10 months duration) Diploma
Govt. Higher
Secondary School
for the Blind,
Poonamallee,
Madras-600 056
(i) Diploma in
Teaching the Blind
(6 months at School
+ 12 months by
Correspondence)
(ii) Special
Examination in
Teaching the Blind
(10 months course)
Diploma
Certificate
Ali Yavar Jung
National Institute for
the Hearing
Handicapped,
Bandra (W),
Bombay-400 050
(i) B.Ed.(Deaf)
(ii) D.Ed. (Deaf) in
Regional Languages
P.G.Diploma
Diploma
IV.- Multipurpose rehabilitation therapists technicians/assistant/worker
Department of
Rehabilitation,
Safdarjang Hospital,
New Delhi-110029
One Year Certificate
Course for MultiRehabilitation Worker
Certificate
V.- Vocational counsellors
National Council of
Education Research
and Training, Sri
Aurobindo Marg,
New Delhi-110 016
Diploma Course in
Educational and
Vocational Guidance
(9 months duration)
Diploma
All India Institute of
Physical Medicine &
Rehabilitation, Haji
Ali, Khadye Marg,
Mahalaxmi,
Bombay-400 034
PGDR (Vocational
Guidance)
Diploma
VI.- Diploma in communication disorders
Ali Yavar Jung
National Institute for
the Hearing
Handicapped,
Bandra (W),
Diploma in
Communication
Disorders
(1 Year)
DiplomaBombay-400 050
K.L.MOHANPURIA.
Secy. to the Govt. of India.MINISTRY OF LAW JUSTICE AND COMPANY AFFAIRS
(Legislative Department )
New Delhi , the 4
th
September,2000/Bhadra 13,1922(Saka)
The following Act of Parliament received the assent of the
President on the 4
th
September, 2000, and is hereby published
for general information:-
THE REHABILITATION COUNCIL OF INDIA (AMENDMENT)
ACT, 2000
No. 38 OF 2000
[4
th
September, 2000]
An Act to amend the Rehabilitation Council of India Act, 1992.
BE it enacted by Parliament in the Fifty-first Year of the Republic of India as
follows:-
1. This Act may be called the Rehabilitation Council of India
(Amendment) Act, 2000.
2. In the Rehabilitation Council of India Act, 1992 (hereinafter referred to
as the principal Act), in the long title for the words “the training of
rehabilitation professionals and”, the words “and monitoring the training of
rehabilitation professionals and personnel, promoting research in
rehabilitation and special education,” shall be substituted.
3. In section 2 of the principal Act,-
(1) in sub-section (1),-
(i) for clause (c), the following clause shall be substituted,
namely:-
„(c) “handicapped” means a person suffering from any
disability referred to in clause (i) of section 2 of the
Persons With Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995‟;
(ii) clauses (d) and (e) shall be omitted;(iii) after clause (m), the following clause shall be inserted,
namely:-
„(ma) “rehabilitation” refers to a process aimed at
enabling persons with disabilities to reach and maintain
their optimal physical, sensory, intellectual, psychiatric or
social functional level‟;
(iv) clause (o) shall be omitted;
(2) after sub-section (1), the following sub-section shall be inserted,
namely:-
“(1A) Words and expressions used and not defined in this Act
but defined in the Persons With Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995 shall have
the meanings respectively assigned to them in that Act.”
4. In section 3 of the principal Act, in sub-section (3), for clauses (a) and
(b), the following clauses shall be substituted, namely: -
“(a) a Chairperson, from amongst the persons having
experience in administration with professional qualification in
the field of rehabilitation, disabilities, and special education, to
be appointed by the Central Government;
(b) such number of members not exceeding seven, as may
be nominated by the Central Government, to represent the
Ministries of the Central Government dealing with matters
relating to persons with disabilities”;
5. In section 13 of the principal Act, after sub-section (2), the following
sub-section shall be inserted, namely:-
“(2A) Notwithstanding anything contained in sub-section (2), any
person being a doctor or a paramedic in the field of physical medicine
and rehabilitation, orthopaedics, ear, nose or throat (ENT),
ophthalmology or psychiatry, employed or working in any hospital or
establishment owned or controlled by the Central Government or a
State Government or any other body funded by the Central or a State
Government and notified by the Central Government, may discharge
the functions referred to in clauses (a) to (d) of that sub-section.”.
6. In section 19 of the principal Act, the following provisos shall be
inserted at the end, namely: -“Provided that the Council shall register vocational instructors
and other personnel working in the vocational rehabilitation centers
under the Ministry of Labour on recommendation of that Ministry and
recognize the vocational rehabilitation centers as manpower
development centers:
Provided further that the Council shall register personnel working in
national institutes and apex institutions on disability under the Ministry
of Social Justice and Empowerment on recommendation of that
Ministry and recognise the national institutes and apex institutions on
disability as manpower development centers”.
7. In section 22 of the principal Act, in sub-section (2) for the words
“period of thirty days”, at both the places where they occur, the words
“period of sixty days” shall be substituted.
SUBHASH C. JAIN
Secy. to the Govt. of India

Tuesday, November 27, 2012

LOW VISION – DEFINITION

Standard Definition (WHO 1992)

Impairment of visual functioning in better eye even after treatment and/or standard refractive correction and VA of <6/18 to light perception or a VF loss of <100 from point of fixation but who uses, or is potentially able to use, vision for the planning/execution of task

The WHO working definition of Low Vision, 1992

“A person with low vision is one who has impairment of visual functioning even after treatment, and/ or standard refractive correction, and has a visual acuity of less than 6/18 to light perception or a visual field of less than 10 degrees from the point\ of fixation, but who uses, or is potentially able to use, vision for the planning and/or execution of a task”.

The Persons with Disabilities Act, 1995

“Person with low vision” means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device”.

Legal Blindness

It refers to a condition where a person has a total absence of sight or Visual acuity not exceeding 6/60 or 20/200 in the better eye even with correction lenses or limitation of the field of vision subtending an angle of 20 degree or worse.

Monday, November 26, 2012

Children in Poverty

A condition that puts a lot of children at risk for many of the issues listed in this section is poverty. Lack of access to basic requirements such as food, shelter and clothing are the underlying cause of poor child health, poor child nutrition, child labour, child marriage and various other issues. It widens the economic, social, cultural, and gender disparities already present in society. Poverty essentially threatens every child right: survival, development and protection. Poverty follows a vicious cycle as poor children grow up to be poor adults who then pass on debt to their children.

Children experience poverty differently from adults as it creates an environment which is harmful to their mental, physical, emotional and spiritual development. It can not be simply understood in terms of household income or household consumption. UNICEF defines as "Children living in poverty experience deprivation of the material, spiritual and emotional resources needed to survive, develop and thrive, leaving them unable to enjoy their rights, achieve their full potential or participate as full and equal members of society."

In a study on poverty faced by children, UNICEF found that children face seven areas of severe deprivation: adequate nutrition, safe drinking water, decent sanitation facilities, health, shelter, education and information. The study found that half the child population of the world suffers at least one form of deprivation. The nature of deprivation is such that one deprivation reinforces others. Lack of access to safe drinking water can affect a child's health, education and nutrition. Rural children in poverty are twice as likely to suffer some form of deprivation as their urban peers.

Child poverty is not an issue only in low income nations but it found in many middle income nations as well. For example Columbia and Namibia have similar levels of per-capita income but yet Namibia has more severe deprivations. Namibia's children suffer deprivations closer to those of Togo's, a much poorer country. Child poverty is also high associated with gender discrimination. How income or resources are earned, distributed and valued depends on the power relations between men and women in the family and in society in general.

Children in poverty experience more then simple material poverty. The lack of material security exposes children to all forms of abuse and exploitation. It creates economic need that pushes children into child labour, and hence forsakes their right to education and recreation. Hence children experience an emotional and mental poverty as well. This in turn produces further material poverty, creating a generational cycle of poverty.

The most popular international estimation of poverty is given by the World Bank at 1.4 Million people living below the poverty line in 2005. In 2008 the World Bank set the poverty line at $1.25 a day using 2005 Purchasing Power Parity terms and price data from the International Comparison Program 2005. This line is based on the mean of national poverty line from various poor countries.

The below poverty line in India is determined by the Planning Commission for the purpose of Central sponsored programmes in the rural areas and urban areas. The tenth five year plan calculated the poverty line by thirteen parameters, with a 0-4 score for each parameter. Families with a score less than 15 out of 52 possible marks are considered to be below the poverty line (BPL). The government caps the number of families in this category at 3.26 lakhs in the rural area and the BPL survey found a total of 3.18 lakhs families in 2002. The thirteen parameters include land holding, type of house, clothing, food security, sanitation, consumer durables, literacy status, labour force, means of livelihood, status of children, type of indebtedness, reasons for migrations etc. In the urban BPL survey poverty is calculated by seven parameters: roof, floor, water, sanitation, education level, type of employment & status of children in a house. In 2004 the survey found 1.25 lakh urban poor families below the poverty line. State governments use their own criteria for BPL calculation for the state schemes.

Poverty estimation covers a much larger population than the below poverty line. There are various differing opinions on poverty estimation in India. There are four main sources of poverty estimation in India.

Planning Commission 2004-05 estimates: the National Sample Survey Organization (NSSO) with the use of the Consumer Price Index of Agricultural Labourers for rural poverty line and Consumer Price Index for Industrial Workers (CPIIW) for urban poverty lines, calculated the percentage of poor in the nation. Rural poverty was estimated at 28.3% and urban poverty was estimated at 25.7% as per the Uniform Recall Period consumption in which the consumer expenditure data for all the items are collected from 30-day recall period. Mixed Recall period estimates are slightly lower as MRP indicated consumer expenditure data for five non-food items, namely, clothing, footwear, durable goods, education and institutional medical expenses are collected from 365-day recall period and the consumption data for the remaining items are collected from 30-day recall period.
The Arjun Sengupta Report on conditions of work and promotion of livelihoods in the unorganised sector': estimates the 77% of the population, that is there are 836 million people with the purchasing power income of less than two dollars. Based on NSSO data the committee categorizes poverty into four distinct groups: The extremely poor are people who survive at 0.75 of the official poverty line (PL) (which is at approximately Rs. 10 per capita per day). The poor subsist between 0.75 PL and PL. The marginally poor are slightly better off as their daily consumption rests between PL and 1.25PL. And lastly the vulnerable group who is in danger of becoming poor live on 1.25PL to 2PL (which is approximately Rs 20.3 per capital per day).
The Saxena Committee Report: In August, 2009, The Saxena Committee, which was commissioned by the Ministry of Rural Development to advice on a methodology for conducting the Below Poverty Line (BPL) census for the 11th five year plan. The committee aimed at three things; to automatically exclude non-poor families from the survey, automatically include extreme poor families and grade the rest of the families according to fare criteria. The Saxena Committee estimates the 50% of the population would be included in the BPL list.
The Tendulkar Committee Report: In November 2009, the Tendulkar Committee, which was appointed by the Planning Commission of India as an expert group to review the methodology for estimation of poverty, produced a report. The committee suggests it is best to continue calculating the poverty line according to private household consumer expenditure of Indian households from data connected by NSSO. Hence according to this report the urban poverty headcount ratio is 25.7 % as calculated previously. But there has been a change in the rural national poverty headcount ratio which was originally calculated to be 28.3 %. It is now estimated at a much "higher and accurate" ratio of 41.8%. This means that according to the report, 37.2% of the population is considered to be below the new poverty line. The new all India poverty line is set at Rs. 446.68 in rural areas and Rs. 578.8 in urban areas.

Children of Schedule Caste and Schedule Tribe Families

People belonging to scheduled castes (SCs) and scheduled tribes (STs) are discriminated against in various forms both historically and in contemporary society. According to statistics presented to parliament in February 2003, violence against the scheduled castes and scheduled tribes has been increasing over the years. In 1999 34799 cases were lodged under the SCs/STs Prevention of Atrocities Act, in 2000 there were 36,971 cases and in 2001 there were 39,157 cases. The maximum numbers cases of crimes committed against Scheduled Castes were reported from Rajasthan; and Madhya Pradesh has the largest number of atrocities against Scheduled Tribes. It should be noted that majority of cases goes unregistered. The government of India in their periodic report fails to speak of violence against Dalits or tribal children. The only mention is in cases of rape of a girl child who is also a Dalit or tribal.

Children of Dalit and tribal communities face a number of abuses. Though there is no actual number of crimes committed against children of SC/ST families there are many case examples of violence, rape, and torture. On 9 April 2003, three members of a Dalit family - a pregnant woman and her two children - were gunned down by members of an armed opposition group of the upper caste Hindus. On 30th July 2000 an eighteen year old dalit girl was humiliated, tortured, and burnt to death by a band of upper caste Hindus from her village.

Discrimination against ST and SC children can be seen in evidence of the education system. Literacy among SC/ST population is indicative of the advancement in education. The lowest group female STs, has doubled in the last ten years but is still at a low of 32.4%. School statistics show an increased enrolment of SC and ST students. But the enrolment figured doesn't match the population figures in the various states. Rajasthan, Uttar Pradesh and West Bengal have the lowest SC enrollment ratios. Also non-attendance among Scheduled Castes is higher than among the general population rates, around 20 % in the 6-10 age group and 29 % in the 11-14 year age group. Attendance rates are the highest in Kerala and lowest in Bihar. The effect of poor attendance and dropouts can be seen in the number of children that complete elementary education. Only 43% SC children completed primary schooling.

Among ST children Madhya Pradesh, Orissa and Rajasthan have the worst enrolment rates. Even Kerala does not have equal enrolment to population. Rural school attendance rates of Scheduled tribe children are highest in Sikkim, Mizoram, Nagaland, Andaman and Nicobar, Manipur, Meghalaya and Assam. Rates in Andhra Pradesh, Bihar, Madhya Pradesh and Orissa are extremely low even with their large tribal populations at 27.1%, 29.8%, 34.2% and 32.3% respectively. Dropout rates amongst ST children are very high. Majority of children drop out in class I itself. Official dropout rates of tribal children from school in 1988-89 were as high as 78% between classes I and VIII.

Early Childhood (Children below six)

"It has been suggested that the first question the Indian Prime Minister should ask his ministers is not "how is the economy growing?" but rather "how are the children growing?"." - Citizen's Initiative for the Rights of Children under Six (CIRCUS) (2006)
The vulnerability of children begins from before they are born. Poor ante-natal and maternal care and nutrition put the average Indian child at risk for medical complications at birth or disability once born. There is also risk to the woman as one third of expectant mothers in India do not have access to a basic tetanus vaccination. NFHS-3 recorded that 23 % of women do not receive a single ante-natal check-up, while 52 % of women give birth without assistance from a health professional. A high rate of anaemia and low body mass index (BMI) of mother's results in low birth weight of children and hence leads to malnutrition. NFHS-3 reports that 58% of women are anaemic and 33% of women have a BMI of less than 18.5.

After birth, the child continues to face health challenges. Approximately one third of new born babies are below the acceptable 2.5 kilograms of weight. NFHS-3 reported that 77% of new-borns are not breastfed without the hour of birth. This first step in nutrition is vital for the healthy development of the child. Undernourished refers to the below optimal weight a child is for his/her age; 46% of young children classify as undernourished. Stunted refers to the below optimal height a child is for his/her age; 38% of young children are stunted. Lastly, Wasted refers to the below optimal weight a child a child is for his/her given height; 19% of young children are wasted. Depravity of immunizations also leads to various health problems, most common being fever (indicating an illness), diarrhoea, and acute respiratory infection.

NFHS-2 estimated 58% of children were not fully vaccinated. NFHS-3 puts this figure at 56%. The data shows little significant change in the seven year span between the two NFHS surveys. When compared on the child development indicators India is lagging behind. For example, Bangladesh a country far poorer than India is showing marked improvements in infant mortality rates and other child development indicators. This is not indicating that Bangladesh is a haven for human development. But indicators show that they are improving in various sectors at a far greater rate than India. This is proof of a fundamental problem with India's development strategy.

When we examine India's education statistics the story is not any brighter. Ministry of Human Resource Development in a 2006-2007 survey reported that 25.6% of children drop out of school before they reach the fifth standard. In a Times of India article they reported that in 1991 there was a primary school dropout rate of 41.9% (boys 40.1%, girls 46%) which had not much improved in 2001, 40.67% (boys 39.7%, girls 41.9%). Meaning after 10 years and several thousand crore spent on primary school education the state has only been able to bring down the dropout rate by 2%.

The well-being of India's children lies heavily in those first six years of a child's life. It is these beginning few years that will affect not only the growth, mental and physical health of the child but also his/her ability to become a responsible and well- adjusted citizen of the country. Early childhood care and education (ECCE) is the first and possibly the most important first step in creating a healthy child population.

In India, a number of national policies and programmes address the need of this vulnerable group:

The National Policy on Children, 1974
The National Policy for Education, 1986
The National Health Policy, 2002
The National Plan of Action for Children, 2005
Integrated Child Development Services
Wheat Based Nutrition Programme

Child Health & Nutrition

According to the World Health Organisation (WHO) globally, 30% of children under five are estimated to be stunted and 18% have low weight-for-height, and 43 million children are overweight. Optimal breastfeeding could save the lives of 1.5 million children under five every year. Nearly nine million children die every year from preventable diseases and infections: the largest killer being Diarrhoeal disease. There are over 2 billion cases of diarrhoeal disease every year and is the leading cause of malnutrition amongst children under five.

In India 84% of all health care expenditure is out of pocket. This places a great number of families at risk of falling into poverty due to high health expenses. Millions of children are at risk of becoming malnourished. Every third child in India is malnourished. Infant and child mortality rates still remain very high about the MDG. They are lowest among marginalised groups such as scheduled castes and tribes, and females. Discrimination in food based schemes and in society in general leads to starvation deaths among women and children of the Scheduled Castes and Scheduled Tribes. Muslim children have the highest rate of stunting and second highest rate of being underweight. There are almost no services or programmes for children with mental health issues. Children with disabilities, HIV/AIDS and mental disorders are stigmatized and hence have little access to health facilities.

India has one of the poorest health records in the world with the highest TB prevalence, every three out of four children have anaemia, and polio eradication is actually backsliding. With varying social sector budgets, health indicators differ greatly across the country. Kerala is best off with only 21% stunted children. Uttar Pradesh has the worst record with 46% of the children being underdeveloped. Girls are at a higher risk of not being able to access health care. The mental health budget remains at 1% of the total health budget.

According to UNICEF India over two million children die every year from preventable diseases. IMR in India is 63 deaths for every 1000 live births. Of these 47% of the deaths occur within the first week after birth. Measles is the largest cause of death among children which can be prevented by a vaccine. Tetanus in newborns remains a major problem Uttar Pradesh, Madhya Pradesh, Rajasthan, West Bengal, and Assam.

Breastfeeding is the first crucial step to ensuring good health in infants. According to NFHS-3 data 24.5% of new mothers initiated breastfeeding in the hour after birth, 46.4% breastfed exclusively the first six months and 56.7% nursed beyond six months with the introduction of complementary food. This results in more than 50% the child population below five being underweight. 44.9% of the children under three are stunted and 22.9% of children under three are wasted. Less than 50% of children receive full immunization during infancy. This number has been dropping significantly over the years indicating a problem with the universal immunization programme.

According to NFHS-3 60% of children have been brought to a health care facility with diarrhoea, 69% have Acute respiratory infection and 71% have presented a high fever. Only 39% of children under five having diarrhoea during the time of the survey received some kind of oral rehydration therapy. More than one fourth of children with diarrhoea received no treatment at all. Children with diarrhoea need to consume plenty of water and adequate food. But 40% of children received less water and 45% received less food than usual. Child abuse, especially sexual abuse puts children at high health risks. Abuse is related to high mental health disorders as well as sexually transmitted diseases such as HIV/AIDS.

Child health initiatives come under the Reproductive and Child Health Programmes and ICDS.

Children without Parental care

According to UNICEF, children worldwide lose their parents in conflict, or due to poverty, disability, HIV/AIDS. Hence there is a large population of children that grow up without one or both of their parents. Children without parental care are at a high risk of abuse, exploitation and neglect. Large numbers of children end up in institutional care. Inadequate individual care of institutions can socially and emotional impair children. About 1.5 million children in the Central and Eastern Europe and the Commonwealth of Independent States live in public care institutions. In Europe and Central Asia, over 1 million children live in residential institutions. In 2003 there were an estimated 143 million orphans in 93 countries of sub-Saharan Africa, Asia, and Latin America and the Caribbean. Asia has the highest number of orphans due to all causes, with 87.6 million children.

Children may be destitute, for the interim or permanently of parental care for many reasons including the illness, death or imprisonment of parents, separation due to migration or armed conflict, the removal by child welfare authorities and/or the courts based on the child's best interests, detention of the child, or following the child's own initiative to leave home.

In India the child parent relationship is often seen as one of obedience of a social order more so than a right of the child. Hence when a child is separated from his/her parent it is not viewed as the duty of the state to provide that child with a family environment. None the less adoption is supervised by the state, but India does not have a long term foster care or alternate care system outside of institutionalisation.

UNICEF estimates that there are 25 million orphaned children in India in 2007. Another study estimates there are about 44 million destitute children and over 12 million orphan and abandoned children in India, yet there are only 5000 (0.04%) adoptions every year. The institutions for children in conflict with the law host about 40,000 children. The wide gap that exists in the knowledge of and attitude towards child adoption and intention to adopt a child between people from different socio-economic backgrounds exposes the need of the state to initiate promotion of child adoption and creating a system of non-institutional care for children above the adoption age.

Adoption in India comes under the provisions of three acts and is carried out centrally by CARA
The Hindu Adoption and Maintenance Act 1956
The Guardian and Wards Act 1890
The Juvenile Justice Act 2000

Child Trafficking

"Approximately 600,000 to 800,000 victims are trafficked across international borders annually, and between 14,500 and 17,500 of those victims are trafficked into the United States each year. More than half of these victims worldwide are children!" - Child Victims of Human Trafficking, Department of Health and Human Services, USA and the U.S. Department of State
Human trafficking is the third largest profitable industry in the world. Child trafficking unlike many other issues is found in both developed and developing nations. Trafficked children are used for prostitution, forced into marriage, illegally adopted, used as cheap or unpaid labour, used for sport and organ harvesting. Some children are recruited into armed groups. Trafficking exposes children to violence, abuse, neglect and exploitation. According to UNICEF a child victim of trafficking is "any person under 18 who is recruited, transported, transferred, harboured or received for the purpose of exploitation, either within or outside a country". Trafficking is one of the hardest crimes to track and investigate hence data is hard to obtain. The latest figures estimate that 1.2 million children are trafficked worldwide every year. Child prostitution has the highest supply of trafficked children.

India is a source, destination, and transit country for trafficking for many purposes such as commercial sexual exploitation. Majority of the trafficking is within the country but there are also a large number trafficked from Nepal and Bangladesh. Children are trafficked to Middle Eastern countries for sport such as camel racing. There are no national or regional estimates for the number of children trafficked every year. But 40% of prostitutes are children, and there is a growing demand for young girls in the industry.

NGOs estimate that 12,000 - 50,000 women and children are trafficked into the country annually from neighbouring states for the sex trade. Thousands of girls are trafficked from Bangladesh and Nepal. 200,000 Nepalese girls under 16 years are in prostitution in India. An estimated 1,000 to 1,500 Indian children are smuggled out of the country every year to Saudi Arabia for begging during the Hajj. Andhra Pradesh, Karnataka, West Bengal and Tamil Nadu have the largest number of people trafficked. Intra state/inter district trafficking is high in Rajasthan, Assam, Meghalaya, Bihar, Uttar Pradesh, Andhra Pradesh, Karnataka, Tamil Nadu and Maharashtra. Delhi and Goa are the major receiver states. Trafficking from north eastern states is high but often over looked. In 2008, 529 girls were trafficked from Assam alone.

There is a rising demand for live-in maids in urban areas. This has resulted in trafficking of girls from villages in West Bengal, Jharkhand and Chhattisgarh to live under extremely poor conditions first in "placement agencies" and later in the employers homes. Placement agents keep the girls in small unhygienic rooms packed together. They are often made to do the placement agent's household work and subjected to sexual abuse. Smita a sixteen year old girl was taken from her village in Jharkhand and subjected to various forms of sexual abuse and exploitation at the hand of her employers including rape. When rescued her parents refused to take her back since she had been tainted by rape. Falling sex ratios in Haryana and Punjab has led to a need for trafficking of brides from villages in Orissa, Jharkhand, Bihar, Assam and West Bengal, who have been sold off by the parents. Jyoti, age fourteen, was sold and married to a 40-year old man for Rs 15,000 in order to produce a mail heir.

India has legal provisions to counter trafficking as per the Immoral Traffic Prevention Act 1986. The MWCD has taken a number of Initiatives to combat trafficking of Women and Children.

Child Labour

"Out of school children comprise the workers and non workers. In our view they together signify a measure of deprivation among children and can be considered as a potential labour pool always being at the risk of entering the labour force" - NCEUS, 2007
India is sadly the home to the largest number of child labourers in the world. The census found an increase in the number of child labourers from 11.28 million in 1991 to 12.59 million in 2001. M.V. Foundation in Andhra Pradesh found nearly 400,000 children, mostly girls between seven and 14 years of age, toiling for 14-16 hours a day in cottonseed production across the country of which 90% are employed in Andhra Pradesh.40% of the labour in a precious stone cutting sector is children. NGOs have discovered the use of child labourers in mining industry in Bellary District in Karnataka in spite of a harsh ban on the same. In urban areas there is a high employment of children in the zari and embroidery industry.

Poverty and lack of social security are the main causes of child labour. The increasing gap between the rich and the poor, privatization of basic services and the neo-liberal economic policies are causes major sections of the population out of employment and without basic needs. This adversely affects children more than any other group. Entry of multi-national corporations into industry without proper mechanisms to hold them accountable has lead to the use of child labour. Lack of quality universal education has also contributed to children dropping out of school and entering the labour force. A major concern is that the actual number of child labourers goes un-detected. Laws that are meant to protect children from hazardous labour are ineffective and not implemented correctly.

A growing phenomenon is using children as domestic workers in urban areas. The conditions in which children work is completely unregulated and they are often made to work without food, and very low wages, resembling situations of slavery. There are cases of physical, sexual and emotional abuse of child domestic workers. The argument for domestic work is often that families have placed their children in these homes for care and employment. There has been a recent notification by the Ministry of Labour making child domestic work as well as employment of children in dhabas, tea stalls and restaurants "hazardous" occupations.

According to HAQ: Centre for child rights, child labour is highest among schedules tribes, Muslims, schedule castes and OBC children. The persistence of child labour is due to the inefficiency of the law, administrative system and because it benefits employers who can reduce general wage levels. HAQ argues that distinguishing between hazardous and non hazardous employment is counter-productive to the elimination of child labour. Various growing concerns have pushed children out of school and into employment such as forced displacement due to development projects, Special Economic Zones; loss of jobs of parents in a slowdown, farmers' suicide; armed conflict and high costs of health care. Girl children are often used in domestic labour within their own homes. There is a lack of political will to actually see to the complete ban of child labour.

Bonded child labour is a hidden phenomenon as a majority of them are found in the informal sector. Bonded labour means the employment of a person against a loan or debt or social obligation by the family of the child or the family as a whole. It is a form of slavery. Children who are bonded with their family or inherit a debt from their parents are often found in agricultural sector or assisting their families in brick kilns, and stone quarries. Individual pledging of children is a growing occurrence that usually leads to trafficking of children to urban areas for employment and have children working in small production houses versus factories. Bonded labourers in India are mostly migrant workers, which opens them up to more exploitation. Also they mostly come from low caste groups such as dalits or marginalised tribal groups. Bonded child labourers are at very high risk for physical and sexual abuse and neglect sometimes leading to death. They often are psychologically and mentally disturbed and have not learnt many social skills or survival skills.

In 2000 the ILO estimated 5.5 million children had been forced in labour in Asia, while the Bonded Labour Liberation Front placed 10 million bonded children in India alone. In 1998 the government of India labelled bonded child labour as a marginal problem with only 3000 or so cases. A survey in Tamil Nadu in 1995 found 125,000 bonded child labourers in the state alone. Child bonded labour in India is mostly in the agricultural sector but has in recent times been moving into other sectors as well such as beedi-rolling, brick kilns, carpet weaving, commercial sexual exploitation, construction, fireworks and matches factories, hotels, hybrid cottonseed production, leather, mines, quarries, silk, synthetic gems, etc.

Child labour in India is addressed by the Child Labour Act, 1986 and National Child Labour Project.