Madras High Court increases aid for disabled people under assistance scheme by 25%
March 20, 2019
In welcome news, the Madras High Court has issued a notice to the state government asking it to provide at least 25% extra aid to disabled people under the Special One-time Assistance Scheme.
Under this scheme, people from economically backward families are provided Rs 2,000 by the state government. The Tamil Nadu Association for the Rights of All Types of Differently Abled (TARATDAC), an NGO fighting for the rights of disabled people pointed out that scheme did not make any allocations or special reservations for disabled people, as is provided for under the RPWD Act 2016. With the High Court stepping in, this will be corrected.
Smitha Sadasivan, a member of the Disability Rights Alliance India calls this a much-awaited order.
TARATDAC’s petition asking for this law to be implemented is right. Section 24 of the Rights of Persons with Disabilities Act, 2016 provided for at least 25% higher quantum of assistance to persons with disabilities in all social security programs. The sad state is that even after two years of the passage of the Act, the government requires a direction from the court to follow law of the land. - Smita Sadasivam, Member, Disability Rights Alliance India
Apart from the extra 25% for disabled people, there will be an exclusive 5% reservation for people with disabilities as well. It is said that petitions have to be filed for disabled people to get what is rightfully due to them under law. This is not the first time that disabled people have to go to the court to get their rights. In another instance, the Tamil Nadu government state started a scheme to empower disabled working women by providing them with subsidies to buy two-wheelers, but this was not implemented.
Professor TMN Deepak, founder of the 3 December Movement said that the state has no right to disregard what is provided for under law.
“When the law clearly makes provisions and rules mandatory for disabled people, the state refuses to implement them. These are clear cases of government administration lethargy. The fact is that administrative law cannot derail the legislative law”,
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