rights and legal aspects of disability in india

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RIGHTS AND LEGAL ASPECTS OF DISABILITY IN INDIA Neeraja CJ School of Behavioural Sciences Mahatma Gandhi University Kottayam

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  • 1. Neeraja CJSchool of Behavioural SciencesMahatma Gandhi UniversityKottayam

2. It focuses on the existing capacities of the handicappedindividual, and brings him to the optimum level ofhis/her functional ability by the combined andcoordinated use of : Medical Social Educational and Vocational measures 3. The Constitution of India applies uniformly toall citizens of India irrespective of theirreligion, caste, gender, creed etc. "Disability" has not been defined in theConstitution. 4. The Constitution secures to the citizens justice, liberty ofthought, expression, belief, faith and worship, equalityof status and of opportunity and for the promotion offraternity. The Directive Principles of State Policy mentions thatthe State should extend all the help in the cases ofunemployment, old age, sicknessanddisablement. 5. Govt. of India has enacted the following legislations forempowering thepersonswithdisability..Indian Lunacyact, (1912)Mental health act, (1987)Rehabilitation council of Indiaact, (1992)Personswithdisability act, (1995)National trustact, (1999)Righttoeducation act, (2010) 6. This act is discarded from the constitutiondue to its draw backs, It considered mental retardation and mentalillness as the same condition Lead to mental health act 7. It made for provisions for custodial care forpersons with lunacy or idiocy. A lunatic was defined under the Indian lunacyact as an idiot or a person with unsound mind. Persons suffering from mental illness and mentalretardation are grouped together. Similar laws were applicable with mental illnessand mental retardation 8. Act was passed on 1987 by govt. India, Ministry of Law andJustice. Mentally ill person means a person who is in need oftreatment because of any mental disorder other than mentalretardation This act clearly excluded the person with mental retardationfrom the definition of person with mental illness Treatment and institutionalization of the mentally ill. Protection and management of their property. 9. Right to be admitted ,treated and taken care of in a psychiatrichospitals or psychiatric nursing home. Mentally ill persons have the right to have regulated , directedand co-ordinate mental health services from govt. central-state, Mental health prisoners and minors have a right of treatment inpsychiatric hospitals or psychiatric nursing homes of thegovernment. Treatment at Govt. hospitals and nursing homes mentionedabove can be had either as in or outpatients. Mentally ill patient can seek voluntary admission in hospitals 10. The police have an obligation to take into protective custody awandering 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 homesshall be borne by the sate Govt. Mentally ill patient who are entitled the services of a legalpractitioner by order of the magistrate or district Court . 11. The rehabilitation council of India was set-up by thegovernment of India to regulate, standardized trainingpolicies, and programmed in the field of rehabilitation orperson with disabilities. Under this act every rehabilitation practitioner includingspecial educator are expected to register in RCI afterqualifying from training institutes recognize by RCI. 12. To have the right to be served by trained andqualified Rehabilitation professionals whosenames are borne on the Register maintainedby the Council. To have the guarantee of maintenance ofminimum standards of education required forrecognition or rehabilitation qualification byuniversities or institutions in India. 13. To have guarantee of maintenance of standards ofprofessional conduct and etiquette by rehabilitationprofessionals against the penalty of disciplinaryaction and removal from the Register of the Council. To have the guarantee of regulation of theprofession of rehabilitation professional by astatutory council under the control of the centralgovernment and within the bounds prescribed by thestatue. 14. To integrate person with disabilities andprovide them with opportunities for fullparticipation in societyTo create a society in which disabledpersons would enjoy status on par withnon-disabled person 15. Blindness Low-vision Leprosy-cured Hearing Impairment Loco motor disability, or any form of Cerebral Palsy Mental Retardation Mental Illness 16. Through.. Education Employment Special facilities Preferential allotment Prevention and early detection Rehab and social security 17. 3% reservation in identified governmentjobs. 1% each for: persons with blindness or low vision (ii) persons with hearing impairment and (iii) persons with loco motor disability orCerebral Palsy. 18. 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 examinationsystems Restructuring of curriculum Make provisions for non-formal education 19. "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 theTrust 20. Enable and empower to live independentlywithin and as close to the community towhich they belong; Strengthen facilities and provide support tolive within their own families; Extend support to registered organizationto provide need based services during theperiod of crises in the family Deal problems of persons with disabilitywho do not have family support; 21. Promote measures for the care andprotection in the event of death of theirparent or guardian; evolve procedure for the appointment ofguardians and trustees requiring suchprotection; facilitate the realization of equalopportunities, protection of right and fullparticipation of persons with disability; and to do any other act 22. That promotes independent living in the communityfor 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; 23. 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. 24. A parent of a person with disability or his relativemay make as application to the local levelcommittee for appointment of any person of hischoice to act as a guardian of the persons withdisability. Any registered organization may make an applicationin the prescribed form to the local level committee forappointment of a guardian for a person withdisability: No such application shall be entertained by the locallevel committee, unless the consent of the guardian ofthe disabled person is also obtained. 25. A parent or a relative of a person withdisability or a registered organization findthat the guardian is :- abusing or neglecting a person withdisability; or misappropriating or neglecting the property,it may in accordance with the prescribedprocedure apply to the committee for theremoval of such guardian. 26. The act proclaimed in 1995 ,renewed in2011,changed its name from Person withdisabilities act to Rights of Person withdisabilities act. It is an important landmark and is a significantstep in the direction of ensuring equalopportunities for person with disabilities andtheir full participation in the nation building. 27. Goals of Act are, To integrate person with disabilities andprovide them with opportunities for fullparticipation in society. To create a society in which disabled personswould enjoy status on par with non-disabledperson. 28. Article 5 -Equality and non-discriminationArticle 6 -Women with disabilitiesArticle 7 -Children with disabilitiesArticle 8 -Awareness-raisingArticle 9 -AccessibilityArticle 10 - Right to lifeArticle 11 -Situations of risk andhumanitarian emergencies 29. Article 13 - Access to justiceArticle 14 - Liberty and security of the personArticle 15 - Freedom from torture or cruel,inhuman or degrading treatment or punishmentArticle 16 - Freedom from exploitation, violence andabuseArticle 17 - Protecting the integrity of the person 30. Right to information act (2005)Right to education act (2010)1.Provides educational opportunity in anormal school settings2.Provides special attention for leaning if it isnecessary