rights and legal aspects of disability in india

RIGHTS AND LEGAL ASPECTS OF

DISABILITY IN INDIANeeraja CJ

School of Behavioural Sciences

Mahatma Gandhi University

Kottayam

It focuses on the existing capacities of the

handicapped individual, and brings him to the

optimum level of his/her functional ability by the

combined and coordinated use of :

Medical

Social

Educational and

Vocational measures

REHABILITATION

The Constitution of India applies uniformly to all citizens of India irrespective of their religion, caste, gender, creed etc.

"Disability" has not been defined in the Constitution.

Legislations in India

The Constitution secures to the citizens justice,

liberty of thought, expression, belief, faith and

worship, equality of status and of opportunity and for

the promotion of fraternity.

The Directive Principles of State Policy mentions

that the State should extend all the help in the cases

of unemployment, old age, sickness and disablement.

Cont..

Govt. of India has enacted the following

legislations for empowering the persons with

disability..

Indian Lunacy act, (1912)

Mental health act, (1987)

Rehabilitation council of India act, (1992)

Persons with disability act, (1995)

National trust act, (1999)

Right to education act, (2010)

Rehabilitation In India

This act is discarded from the

constitution due to its draw backs,

It considered mental retardation and

mental illness as the same condition

Lead to mental health act

Indian lunacy act (1912)

It made for provisions for custodial care for

persons with lunacy or idiocy.

A lunatic was defined under the Indian lunacy

act as an idiot or a person with unsound mind.

Persons suffering from mental illness and

mental retardation are grouped together.

Similar laws were applicable with mental

illness and mental retardation

Cont..

Act was passed on 1987 by govt. India, Ministry of Law

and Justice.

Mentally ill person means a person who is in need of

treatment because of any mental disorder other than

mental retardation

This act clearly excluded the person with mental

retardation from the definition of person with mental

illness

Treatment and institutionalization of the mentally ill.

Protection and management of their property.

Mental health act (1987)

Right to be admitted ,treated and taken care of in a

psychiatric hospitals or psychiatric nursing home.

Mentally ill persons have the right to have regulated ,

directed and co-ordinate mental health services from govt.

central-state,

Mental health prisoners and minors have a right of

treatment in psychiatric hospitals or psychiatric nursing

homes of the government.

Treatment at Govt. hospitals and nursing homes mentioned

above can be had either as in or outpatients.

Mentally ill patient can seek voluntary admission in

hospitals

Cont..

The police have an obligation to take into protective custody

a wandering of neglected mentally ill person.

Mentally ill person have the rights to discharged when cured

Management of properties

Cost of maintenance of mentally ill persons detained as in-

patient in any Govt. psychiatric hospitals or nursing homes

shall be borne by the sate Govt.

Mentally ill patient who are entitled the services of a legal

practitioner by order of the magistrate or district Court .

cont

The rehabilitation council of India was set-up by the

government of India to regulate, standardized training

policies, and programmed in the field of rehabilitation or

person with disabilities.

Under this act every rehabilitation practitioner including

special educator are expected to register in RCI after

qualifying from training institutes recognize by RCI.

Rehabilitation Council of India act (1992)

To have the right to be served by trained and

qualified Rehabilitation professionals whose

names are borne on the Register maintained

by the Council.

To have the guarantee of maintenance of

minimum standards of education required for

recognition or rehabilitation qualification by

universities or institutions in India.

Cont..

To have guarantee of maintenance of standards of

professional conduct and etiquette by rehabilitation

professionals against the penalty of disciplinary

action and removal from the Register of the Council.

To have the guarantee of regulation of the

profession of rehabilitation professional by a

statutory council under the control of the central

government and within the bounds prescribed by

the statue.

Cont..

PERSONS WITH DISABILITIES (equal opportunities, full participation & protection of rights) ACT 1995

  To integrate person with disabilities and provide them with opportunities for full participation in society

 To create a society in which disabled persons would enjoy status on par with non-disabled person

Goals of the PWD Act, 1995

   Blindness   Low-vision   Leprosy-cured   Hearing Impairment   Loco motor disability, or any form of Cerebral Palsy   Mental Retardation   Mental Illness

Beneficiaries of the disabilities Act

Through…..

Education Employment Special facilities Preferential allotment Prevention and early detection Rehab and social security

How does the disabilities Act set out to achieve its goals?

3% reservation in identified government jobs.

1% each for: persons with blindness or low vision (ii) persons with hearing impairment and (iii) persons with loco motor disability or

Cerebral Palsy.

employment of disabled persons

Ensure free education till the age of 18 years Promote integration Setting up special schools Transport facilities Removal of architectural barriers Supply of books, uniforms etc. Grant of scholarships Setting up of appropriate forums Suitable modification in the examination

systems Restructuring of curriculum Make provisions for non-formal education

duties on the government’s part to provide and promote education among disabled persons

"Trust" : the National Trust for Welfare of Persons with Autism, Cerebral Palsy Mental Retardation and Multiple Disability constituted under sub section (1) of section3.

Functions General superintendence, Direction and Management of the affairs and business of the

Trust

The National Trust for Welfare of Persons withAutism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

Enable and empower to live independently within and as close to the community to which they belong;

Strengthen facilities and provide support to live within their own families;

Extend support to registered organization to provide need based services during the period of crises in the family

Deal problems of persons with disability who do not have family support;

Objectives

Promote measures for the care and protection in the event of death of their parent or guardian;

evolve procedure for the appointment of guardians and trustees requiring such protection;

facilitate the realization of equal opportunities, protection of right and full participation of persons with disability; and

to do any other act

That promotes independent living in the community for

persons with disability by:-

creating a conducive environment in the

community;

counseling and training of family members of

persons with disability;

setting up of adult training units, individual and

group homes;

promotes respite care, foster family care or day

care service for persons with disability;

Setting up residential hostels and residential

homes for persons with disability;

Development of self-help group persons with

disability to pursue the realization of their rights;

setting up of local committee to grant approval

for guardianship and

such other programmes which promote the

objective of the Trust.

Cont..

A parent of a person with disability or his relative may make as application to the local level committee for appointment of any person of his choice to act as a guardian of the persons with disability. ◦ Any registered organization may make an

application in the prescribed form to the local level committee for appointment of a guardian for a person with disability: No such application shall be entertained by the local

level committee, unless the consent of the guardian of the disabled person is also obtained.

Guardian

A parent or a relative of a person with disability or a registered organization find that the guardian is :-

abusing or neglecting a person with disability; or

misappropriating or neglecting the property, it may in accordance with the prescribed procedure apply to the committee for the removal of such guardian.

Removal

The act proclaimed in 1995 ,renewed in

2011,changed its name from Person with

disabilities act to Rights of Person with disabilities

act.

It is an important landmark and is a significant

step in the direction of ensuring equal

opportunities for person with disabilities and their

full participation in the nation building.

RPWD ACT 2011

Goals of Act are,

To integrate person with disabilities and

provide them with opportunities for full

participation in society.

To create a society in which disabled

persons would enjoy status on par with non-

disabled person.

Cont..

Article 5 - Equality and non-discrimination

Article 6 - Women with disabilities

Article 7 - Children with disabilities

Article 8 - Awareness-raising

Article 9 - Accessibility

Article 10 - Right to life

Article 11 - Situations of risk and humanitarian emergencies

Articles In The Constitution

Article 13 - Access to justice

Article 14 - Liberty and security of the person

Article 15 - Freedom from torture or cruel, inhuman

or degrading treatment or punishment

Article 16 - Freedom from exploitation, violence and

abuse

Article 17 - Protecting the integrity of the person

Cont..

Right to information act (2005)

Right to education act (2010)

1. Provides educational opportunity in a

normal school settings

2. Provides special attention for leaning

if it is necessary

Other Acts Which Can Contribute To The Appraisal Of Disabled

THANK YOU