UNIT-1.3

In this Unit-
1. Definition of Benchmark Disability
2. Categories of Benchmark disability
3. The Legal Provisions For PWDs in India

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BENCHMARK DISABILITIES

Definition of Benchmark Disability:

The certified definition of benchmark disability is as follows: Benchmark disability refers to individuals in the United Kingdom who have the most severe forms of disabilities that significantly impact their ability to carry out everyday tasks and require substantial support to live independently. The term "benchmark disability" was introduced by the Disability Discrimination Act 1995 (DDA) to establish a clear standard for determining whether an individual is disabled under the law and entitled to legal protection against discrimination.

To be classified as having a benchmark disability, an individual must meet specific criteria related to their impairment, including having a physical, sensory, mental, or cognitive impairment that has a substantial and long-term effect on their ability to carry out normal day-to-day activities. Additionally, the impairment must last for at least 12 months or be expected to last that long.

Individuals with benchmark disabilities are entitled to legal protection against discrimination in various areas of life, including employment, education, and the provision of goods and services. Employers and service providers are required to make reasonable adjustments to accommodate the needs of individuals with benchmark disabilities.

The concept of benchmark disability is essential for ensuring that individuals with the most significant impairments receive the support and protection they need to live independently and participate fully in society. While the classification has been subject to criticism, it remains an important tool for protecting the rights of individuals with disabilities in the United Kingdom.

Benchmark Disability is a term used in the United Kingdom to describe individuals with the most severe disabilities, who face significant challenges in carrying out everyday tasks and require substantial support to live independently. This concept was introduced by the Disability Discrimination Act 1995 (DDA), which classified disabilities into four categories – physical, sensory, mental, and cognitive – and identified the most severe forms of these disabilities as benchmark disabilities.

The purpose of this classification was to establish a clear standard for determining whether individuals were disabled under the DDA and entitled to protection against discrimination. The benchmark disability criteria were designed to ensure that only those with the most significant impairments qualified for this protection, as these individuals are most likely to face discrimination and disadvantage in society.

Categories of Benchmark Disabilities:

To be considered as having a benchmark disability, an individual must meet certain criteria. These criteria are as follows:

In the United Kingdom, benchmark disabilities are classified into four categories, which are physical, sensory, mental, and cognitive disabilities. Each of these categories includes a range of impairments that are considered to have the most severe impact on an individual's ability to carry out everyday tasks.

1. Physical Disabilities:

Physical disabilities refer to impairments that affect an individual's mobility or dexterity. These can include conditions such as paraplegia, quadriplegia, cerebral palsy, multiple sclerosis, and amputations. Physical disabilities can have a significant impact on an individual's ability to move, manipulate objects, and perform physical tasks.

2. Sensory Disabilities:

Sensory disabilities refer to impairments that affect an individual's senses, including vision, hearing, and touch. These can include conditions such as blindness, deafness, and sensory processing disorders. Sensory disabilities can have a significant impact on an individual's ability to communicate, navigate their environment, and engage in social interactions.

3. Mental Disabilities:

Mental disabilities refer to impairments that affect an individual's cognitive, emotional, or behavioral functioning. These can include conditions such as schizophrenia, bipolar disorder, and severe depression. Mental disabilities can have a significant impact on an individual's ability to think, reason, and manage their emotions.

4. Cognitive Disabilities:

Cognitive disabilities refer to impairments that affect an individual's ability to process information and learn new skills. These can include conditions such as intellectual disability, developmental delay, and specific learning disabilities such as dyslexia. Cognitive disabilities can have a significant impact on an individual's ability to learn, communicate, and perform tasks that require complex problem-solving.

It is important to note that these categories are not exhaustive and that individuals may have multiple impairments that fall into more than one category. The classification of benchmark disabilities is intended to provide a clear standard for determining legal protection against discrimination and to ensure that individuals with the most significant impairments receive the support and accommodations they need to live independently and participate fully in society.

In addition to meeting one of these criteria, an individual must also demonstrate that their impairment has a substantial and long-term effect on their ability to carry out day-to-day activities. This means that the impairment must have lasted, or be expected to last, for at least 12 months and must significantly affect the individual's ability to carry out tasks such as washing, dressing, and cooking.

The DDA also identified a number of conditions that are automatically considered as benchmark disabilities. These include HIV infection, cancer, and multiple sclerosis. Individuals with these conditions are automatically considered as having a benchmark disability, regardless of the extent of their impairment.

In terms of legal protection, individuals with benchmark disabilities are entitled to certain rights and protections under the DDA. These include protection against discrimination in employment, education, and the provision of goods and services. Employers and service providers are required to make reasonable adjustments to accommodate the needs of individuals with benchmark disabilities, such as providing extra support or modifying their premises or equipment.

It is worth noting that the concept of benchmark disability has been the subject of some criticism. Some argue that the criteria are too strict and exclude individuals with disabilities that still have a significant impact on their day-to-day lives. Others argue that the classification is too focused on the medical aspects of disability and does not take into account the social and environmental barriers that can also impact individuals with disabilities.

In conclusion, benchmark disability is a term used in the UK to describe individuals with the most severe forms of physical, sensory, mental, and cognitive impairments. These individuals are entitled to certain legal protections under the DDA, including protection against discrimination and the right to reasonable adjustments. While the concept of benchmark disability has its limitations, it remains an important tool for ensuring that individuals with the most significant impairments receive the support and protection they need to live independently and participate fully in society.

The Legal Provisions For PWDs in India:

India has several legal provisions in place to protect the rights and promote the welfare of persons with disabilities (PWDs). These laws aim to ensure that PWDs are not discriminated against, and they have access to equal opportunities and resources to lead a dignified life. The following are the legal provisions for PWDs in India:

1. The Rights of Persons with Disabilities Act, 2016:

This act replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It provides a comprehensive framework for the protection of the rights of PWDs in India. The act defines disability as a long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders full and effective participation in society. It also lays down provisions for education, employment, health, accessibility, and non-discrimination.

2. National Trust Act, 1999:

The act provides for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities. It aims to provide legal guardianship to people with disabilities, to manage and administer their property, to promote and facilitate research and training for persons with disabilities and to ensure their social security.

3. Rehabilitation Council of India Act, 1992:

The act was enacted to standardize and regulate the training of rehabilitation professionals and personnel in the country. It establishes the Rehabilitation Council of India (RCI), which is responsible for regulating the education and training of rehabilitation professionals and personnel.

4. The Mental Healthcare Act, 2017:

This act seeks to provide mental healthcare and services to people with mental illness and to protect their rights. It provides for the establishment of mental health review boards to review the admission, treatment, and discharge of persons with mental illness.

5. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995:

This was the first comprehensive legislation in India for the protection of the rights of PWDs. It provided for reservation in employment, education, and public facilities for PWDs, as well as the establishment of disability rights commissions at the national and state levels.

6. The National Policy for Persons with Disabilities, 2006:

The policy aims to promote the full and equal participation of PWDs in society. It lays down provisions for the prevention of disabilities, medical rehabilitation, education, employment, social security, and accessibility.

7. The Rehabilitation of Persons with Disabilities Rules, 2017:

The rules were framed under the Rights of Persons with Disabilities Act, 2016. They provide for the implementation of the act and lay down provisions for the certification of disabilities, accessibility, and non-discrimination.

8. The Accessible India Campaign (Sugamya Bharat Abhiyan):

The campaign was launched in 2015 by the Ministry of Social Justice and Empowerment. It aims to make public places, transport systems, and information and communication technology accessible to PWDs. The campaign seeks to create a barrier-free environment for PWDs in the country.

In addition to these legal provisions, the Indian government has also established various institutions and schemes to support PWDs. These include the National Handicapped Finance and Development Corporation (NHFDC), which provides loans and subsidies to PWDs for self-employment, and the National Institute of Mentally Handicapped (NIMH), which provides rehabilitation services to people with intellectual disabilities.

In conclusion, the legal provisions for PWDs in India are designed to protect their rights, promote their welfare, and ensure their full and equal participation in society. These laws provide a framework for the prevention of disabilities, medical rehabilitation, education, employment, and social security for PWDs. The government has also established various institutions and schemes to support PWDs.