Section 11: The Right to Housing
One of the main prerequisites for Independence for persons with disabilities is an effective housing policy -- one that entails non-discriminatory public works programmes, non-discriminatory housing subsidies and non-discriminatory building codes. Non-discriminatory housing subsidies mean that programmes for public or social housing in the form of incentives in the form of subsidy and tax rebate to builders with the sole condition that the buildings conform to accessibility housing standards.
The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act (1999) strives to enable persons with disabilities to live independently and be included in their communities. Provisions for achieving this goal are contained within the Persons with Disabilities Act, 1995, which states that Governments and local authorities should work to offer affirmative action schemes as well as ensure the accessibility of housing, public facilities, and transportation. Read together, these Acts provide a broad framework for protecting the rights of persons with disabilities to live independently. However, the situation on the ground shows that many of these goals have yet to be achieved, and indicates the need for policies containing more specific strategies aimed at ensuring that those with disabilities can live within their communities. Some progress has been made here -- examples being the launch of a pilot health care program for those with disabilities, or the city of Delhi's attempts to make public places accessible -- but there are many areas which still need vast improvement. In addition, this kind of legislation needs to include punitive measures when state or local governments do not adhere to its requirements -- for example, by funding the construction of public buildings that remain inaccessible to persons with disabilities.
The Persons with Disabilities Act, 1995 does not specifically provide rights to basic services - adequate food, clothing, access to clean water and continuous improvement of living conditions. Provisions under Section 42 of the Persons with Disabilities Act, 1995 calls for schemes to provide aids and appliances to persons with disabilities. Section 43 of the Act provides schemes for preferential allotment of land in favour of persons with disabilities at concessional rates for housing. The Persons with Disabilities Act has failed to ensure social protection and adequate standard of living to persons with disabilities. However provisions under the Eleventh Planning Commission document makes Provision of Public Housing Assistance to all shelter less poor families
; Social Insurance Schemes available to the unorganized sector are operated through the LIC such as Social Security Group Insurance Scheme covers all persons between 18 to 60 years belonging to the 24 approved occupation groups, and includes physically challenged. The National Handicapped Finance and Development Corporation (NHFDC) is a major step to promote economic and development activities undertaken by persons with disability46. There is need for adequate implementation and monitoring of these policies and more programmes that promote rights of persons with disabilities to lead a more dignified life.