RIGHTS AND LEGAL

ASPECTS OF DISABILITY
IN INDIA
 Legislations in India

 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.
Cont..

 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.
legal framework on disability in India
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)
 Indian lunacy act (1912)

 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
Cont..
 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
Mental health act (1987)
 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.
Cont..

 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.
 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 are entitled the services of a legal practitioner by
order of the magistrate or district Court .
Rehabilitation Council
of India act (1992)
 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.
Cont..

 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.
REHABILITATION

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
PERSONS WITH DISABILITIES (equal
opportunities, full participation & protection
of rights) ACT 1995
Goals of the
PWD 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
Beneficiaries of the disabilities Act
 
  Blindness
   Low-vision
   Leprosy-cured
   Hearing Impairment
   Loco motor disability, or any form of

Cerebral Palsy
   Mental Retardation
   Mental Illness
 How does the disabilities Act set out to achieve its goals?

 Through…..

 Education
 Employment
 Special facilities
 Preferential allotment
 Prevention and early detection
 Rehab and social security
 employment of disabled persons

 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.
 duties on the government’s part to provide and
promote education among 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
The National Trust for Welfare of Persons with
Autism, Cerebral Palsy, Mental Retardation and
Multiple Disabilities Act, 1999

"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
Objectives
 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;
 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;
 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;
Cont..

 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.
 RPWD ACT 2011
 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.
Cont..
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.
Rights of Persons With Disabilities (RPWD) Bill 2016

The salient features of the Bill:

 Responsibility has been cast upon the

appropriate governments to take effective

measures to ensure that the persons with
disabilities enjoy their rights equally with
others.
 Disability has been defined based on an

evolving and dynamic concept.

The types of disabilities have been increased from existing 7 to 21 and the
Central Government will have the power to add more types of disabilities.
The 21 disabilities are given below:-..
•Low-vision
•Leprosy Cured persons
•Hearing Impairment (deaf and hard of hearing)
•Locomotive Disability
•Blindness
•Dwarfism
•Intellectual Disability
•Mental Illness
•Autism
•Spectrum Disorder
•Cerebral Palsy
•Muscular Dystrophy
•Chronic Neurological conditions
•Specific Learning Disabilities
•Multiple Sclerosis
•Speech and Language disability
•Thalassemia
•Hemophilia
•Sickle Cell disease
•Multiple Disabilities including deaf blindness
•Acid Attack victim
•Parkinson’s disease...
 Speech and Language Disability and Specific
Learning Disability have been added for the
first time.
 Acid Attack Victims have been included.
 Dwarfism, muscular dystrophy have been

indicated as separate class of specified

disability.
 The New categories of disabilities also

included three blood disorders, Thalassemia,

Hemophilia and Sickle Cell disease.
 Additional benefits have been provided for
persons with benchmark disabilities and those
with high support needs.
 Every child with benchmark disability between

the age group of 6 and 18 years shall have the

right to free education.
 For strengthening the Prime Minister’s

Accessible India Campaign, stress has been

given to ensure accessibility in public buildings
(both Government and private) in a prescribed
time-frame....
 It has been proposed to increase reservation
from 3% to 4% in Government jobs for certain
persons or class of persons with benchmark
disability.
 The Bill provides for grant of guardianship by

District Court under which there will be joint

decision – making between the guardian and
the persons with disabilities.
 Broad based Central & State Advisory Boards on

Disability have been proposed to be set up as

policy making bodies
 Strengthening of the Office of Chief Commissioner
of Persons with Disabilities and State
Commissioners of Disabilities has been proposed,
which will act as regulatory bodies and Grievance
Redressal agencies and also monitor
implementation of the Act.
 These Offices will be assisted by an Advisory
Committee comprising of experts in various
disabilities.
 Creation of National and State Fund has been
proposed to provide financial support to the
persons with disabilities
 The Bill provides for penalties for offences
committed against persons with disabilities.
 Designated special Courts have been proposed

to handle cases concerning violation of rights of

PwDs.
 The new Bill with amendments proposes to

repeal the existing Persons with Disabilities

(Equal opportunities, Protection of Rights and
Full Participation) Act, 1995....
Articles In The Constitution
 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
Cont..
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

Other Acts Which Can Contribute To The
Appraisal Of Disabled

 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
THANK YOU