Disabled persons have the right to be treated by professionals

16 June, 2012

There are so many unqualified persons who are serving the disabled persons all over India, not only in reputed non-government organizations (NGOs) but even in government institutes. The service by these unprofessional and unqualified persons/quacks in many cases is hazardous and dangerous with a risk of causing great harm to disabled persons. The empowerment of disabled persons can be fulfilled only if they are served by qualified persons.

DISABLED PERSONS have the right to be served only by rehabilitation professionals, duly qualified and certified/registered with Rehabilitation Council of India (RCI). Unqualified persons cannot practice as rehabilitation professionals anywhere in India, and they are not eligible to work in the government or private sector. Unqualified persons found serving the disabled persons without RCI certification can be prosecuted before the court of law under section 13(3) of RCI Act, 1992.

RCI needs to increase the release of statutory warnings through print and electronic media on regular basis, and these need to be directly issued to all government institutes, NGOs, and clinics, etc. where unqualified persons/quacks are serving the persons with disabilities (PWDs). These institutes, NGOs and the quacks need to be prosecuted u/s 13(3) of the RCI Act in the court of law, that is, before the court of Chief Commissioner for Persons with Disabilities (PWD).

The court of chief commissioner for persons with disabilities (order dated 15 May 2008) has already directed the Medical Council of India (MCI) and Indian Medical Association (IMA) to restrict the doctors to treat only the medical illness/disease of children (persons) with disabilities, and further directing that these persons should be referred to qualified rehabilitation professionals for appropriate rehabilitation/ therapeutic assistance.

As per the above said order of PWD chief commissioner, if any doctor who is not trained as rehabilitation professional and is not certified as such by RCI and he/she persists in rehabilitation services/therapy, he/she would be liable for action under relevant section of MCI and under section 59 of Persons with Disabilities Act, 1995. When doctors cannot, how could any person practice as a rehabilitation professional?

From the above it is extremely clear that the doctors who may be qualified in their own respective fields, cannot interfere in the rehabilitation services and has to refer the disabled patients/persons to a RCI-qualified rehabilitation professional, otherwise, the doctor is liable for action/prosecution. Now, the simple question is that if medical doctors have been restrained through the above order of the court of chief commissioner for PWD and are liable to be prosecuted, how could any person who does not have any qualification, start practicing as rehabilitation professional or self styled 'expert', and mislead the disabled persons.