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