Regarding physical handicap certificate
I have one eye and i got 30% PH certificate.but we people are equally disrimenated by the Soicaty.we are not eligible any kind of job.we are not getting any licences.and lot more...please suggested me can u help me to put a PIL regarding this.
because one hand ,one leg are considered but not one eye under PH and got more than 40%.
Asked in Civil Law from Hisar, Haryana
1) Disability certificate shall be issued by Medical Board of at least three doctors duly constituted by the state or Central government under PWD Act.(One of the members of the Board should be the specialist in the particular field for assessing Locomotor, Visual disability, Hearing and Speech disability Mental disorder and Leprosy cured.
2) The Medical board of Admission Centre or Allotted Institute will assess the Physically Challenged (PH) certificate. In case there of serious doubt about percentage of disability/ genuineness of the certificate, the candidate will be referred for reassessment to the Medical board duly constituted by the State or Central Government under PWD Act.
3)detailed guidelines have been laid down for evaluation of
following disabilities and procedure for certification -
1. Mental retardation
2. Visual impairment
3. Speech & hearing disability
4. Locomotor / Orthopaedic disability
5. Multiple Disabilities
4) if you do not meet the criteria laid down for evaluation as physical handicapped you would not be eligible for job . in case you desire to file PIL to challenge the guidelines laid down contact a local lawyer in your state
The criteria which governs eligibility for recognition as a physically handicapped person has been adumbrated by Mr.Sethi. For the sake of brevity I shall not repeat it again.
If you want to challenge the rules then engage a lawyer in the High Court of your state.