...... DISABILITY - A PARADIGM SHIFT: FROM WELFARE TO HUMAN RIGHTS 7 This model locates problems within the confines of the body of an individual and focuses on disease, physical or mental characteristics. The rules, regulations and criteria based on this approach generally limit the access and debar persons with disabilities from the world of work, education and social interactions. The implications of this model are best reflected in the formal definition of disability and the criteria that follow. For example, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, while defining disability in Section 2(t) stipulates that “person with disability means a person suffering from not less than forty percent of any disability as certified by a medical authority.” The disabilities that have been listed in Section 2 include blindness, low vision, hearing impairment, loco motor disability/cerebral palsy, mental retardation, mental illness and persons cured of leprosy. 2.16 Since the emphasis of individual pathology model is on bodily characteristics, there is a corresponding neglect of rights. The Commission is deeply concerned over the use of the current definition of disability and has encouraged a broad definition, meaning ‘persons with disabilities are those who temporarily or permanently, experience physical, intellectual or psychological impairment of varying degrees and their lives are handicapped by social, cultural, attitudinal and structural barriers, which hamper their freedom of participation, access to opportunities and enjoyment of rights on equal terms’. FUNCTIONAL MODEL 2.17 The concept of rehabilitation of persons with disabilities is well entrenched in the disability policy and legal frameworks throughout the world, and India is no exception to this trend. This concept is based on a functional model, which links biological conditions of a person to his/her capacity to negotiate the diverse environments. The positive contribution of this model can be seen in the development of assistive technologies and special services. Its failure, however, lies in linking the entitlement to rights with the ability of the disabled person to negotiate environment, with the use of compensatory skills and assistive technologies. 2.18 Section 32 of the Persons with Disabilities Act, 1995 is a classic example in the Indian law on this trend, as it imposes an obligation on the appropriate authorities to identify posts to be held by persons with disabilities in different establishments. The criteria adopted by the Government in the identification of posts faithfully take into account the job requirements, essential physical functions and the peculiarities of the environment in which a particular job has to be performed. In other words, the law negates the difference and allows similar or same treatment of different people vis-à-vis encouraging reasonable accommodation in the work profile or in the instruments of work. There are numerous anomalies of this kind both in the law and administrative rules. For this very reason, the Commission has strongly advocated review of all the substantive and procedural laws to suitably incorporate the principle of reasonable accommodation wherever necessary. ANNUAL REPORT 2003-04