People With Disabilities Need Special Protection

Madras High Court has experienced that people with disabilities need special protection under the Persons with Disabilities (Equal opportunities, Protection of rights and full participation) Act, which was aimed at further improving the lot of a large number of people with disabilities, especially those in rural areas. Justice N Paul Vasanthakumar recently made the observation, while disposing of a writ petition filed by Tass Women's Group Federation, represented by its secretary N Selvi.

In the petition, she sought to call for the records of Vellore Corporation relating to the public auction for maintenance of the new bus stand. Praying for invalidate it, she sought the court to allow the Federation to maintain the bus stand at least for a year from October 29, 2008. The women self-help group federation submitted that when the bus stand was opened, the Vellore Exnora Green Cross was requested to maintain it. The organization formed with six self-help groups and provided them with technical expertise. The self help Federation engaged 118 people for maintenance of which 47 of them were physically challenged 21 widows, 12 destitute women and four belonging to helpless families. It had been in charge of the protection for the past three-and-a-half years.

The Corporation decided in September of this year to take over the administration of the bus stand. It called for a public mart to carry out ten works, which were hitherto managed by the federation. While the government said the public sale was intended to augment the Corporation's income, Counsel for the petitioner Su Srinivasan said the federation was willing to pay the amount offered by the highest bidder. Thus the liability might be handed over to the petitioner till March-end. This would benefit the federation associates and the income of the civic body would not be affected, he said. The Judge said under the strict legislation, the State and the local authorities should grant assistance to non-governmental organisations for rehabilitating persons with disabilities.

The special needs trust is often a superior approach when a person has a disability. It is however, not appropriate in all circumstances. If a person with acute disabilities does not have a guardian and is able to manage his or her own finances, keeping the money and property in his or her own name is certainly the most straightforward approach. This kind of special approach also gives the person with disabilities the most independence and control over his or her own finances. This in fact would not be a good approach, however, if a person has difficulty handling money. Also, whether or not a disable person has difficulty with money, having property in one's own name can cause disqualification from vital public benefits including Social Security Supplemental Security Income (SSI) and Medicaid. Even if a disable person does not receive Medicaid at the present time, it may be vital later as a safety net. Whether the money or property pertaining to the disable person is an inheritance, a personal injuries settlement, a social security lump sum payment or funds raised in a community for a person with disabilities, disqualification can occur when funds are held in the name of the person with disabilities receiving needs-based public benefits.

• Emma Bullock
• 31/12/2008, 4:59 AM
• 0 Comments