Introduction
Disability can be physical, behavioral, or even emotional. The particular Disability topics center contain mostly physical and sensory forms of Disability. All human beings are born free and equal in divinity and Rights. People with Disability experience human rights violation, stigma, and discrimination. Disability is just not health problem, but its a complex phenomena reflect interaction between features of body and features of society in which he or she lives.
1. Rights of Persons with Disability 2016:[1]
The Right of Persons with Disability Act was enacted in 2016 and came into force on 19 April 2017. It replace person with Disability [equal opportunity, Protection of Right and Full Participation] Act 1995.[2]
The objective of Right of Persons with Disability Act is to ensure all citizen with Disability can lead lives with dignity, without discrimination, and with equal opportunity. The Act lays down specific provision to hold such Right.
2. General legal provisions relating Disabled Persons are:[3]
2.1. Disabled and the Constitution:
The Constitution of India apply uniform to every legal citizen of India, whether they are healthy, or Disabled in mentally or physically.
Under the Indian Constitution of the Disabled of the following Fundamental Rights:
2.1.(a) Article 15(1) of Constitution not to discriminate against any citizen of India (including Disabled) on grounds of religion, sex, caste, or place of birth.[4]
2.1.(b) Article 15(2) of Constitution states that no citizen shall be subjected to any Disability, liability, restrictions, or conditions on any above grounds. In matter of shops, public restaurants, hotels, public entertainment. Women and children are those belongings to socially, educationally backwards or Schedule Caste and Schedule Tribal can give benefit of special law or special provisions made by state.[5]
2.1.(c) No person including Disabled irrespective of belongings can be treated as an untouchable. It would be offense punishable under Article 17.[6]
2.1.(d) Every person include the Disabled has his life and liberty guaranteed Under Article 21.[7]
2.1.(e) There can be no traffic in human beings, beggar and other forms of forced labor is prohibited and same punished under Article 23.[8]
2.1.(f) No Disabled Persons can be compelled to pay any tax for promotion and Maintenance of any particular religion or religious groups.
2.1.(g) Every Disabled Persons can move Supreme Court of India to enforce Fundamental Rights and Rights to move Supreme Court guaranteed by Article 32.[9]
2.1.(h) Equality of opportunity for all citizens in matter relating to employment or appointments to any office under the State.
2.2. Educational Laws:
2.2.(a). The Rights to education is available to all citizens including Disabled Article 29(2) of Constitution provides that no citizen should be divided admission into educational institutions maintained by state on grounds of religion, race, caste, language.[10]
2.2.(b). Article 45 of Constitution direct State to provide free and compulsory education for all children until they attain age of 14years. No child can be denied admission into any educational institutions maintain by state or any state funds.[11]
2.3. Health Laws:
2.3.(a). Article 47 of Constitution impose on government a primary duty to raise levels of nutrition and standard of living of its people and make imprisonment in public health.[12]
2.3.(b). Health Laws of India have many provisions for health of citizens including Disabled may be seen in Mental Health Act 1987.[13]
2.4. Family Laws:
Various Laws related to marriage enacted by government for different community apply equal to Disabled. The following circumstances will Disable a person from undertaking marriage which are:
2.4.(a). Either party is an idiot
2.4.(b). When one party is unable to give a valid consent due to unsound mind.
2.4.(c). Where the parties are within the degree of prohibited relationship.
2.4.(d). Where Either Party has a living spouse.
2.5. Succession Laws for Disabled:
The Hindu Succession Act, 1956 which apply to Hindu specifically provides that physical disability or physical deformity would not title a person from ancestral property. A Disabled Persons can also dispose property by writing "will" provide he understand the imports and the consequences of writing a will at time when a will is written. Even blind, deaf, dumb person can make will if he understand the import and consequences of doing it.[14]
2.6. Judicial Procedure for Disabled:
Under Design Act 1911, which deals with law relating to protection of design any person having Jurisdiction in respect to property of Disabled person [who is incapable of making any statement] may appointed by Court under Section 74. The Disabled may be lunacy or other disability.[15]
3. Main provision of the Act
3.1. Prevention and early detection of Disability:
3.1.(a). Survey, Research and Investigation will be conducted to find out the cause of occurrence of Disability.
3.1.(b). Various measures shall be taken to prevent disability. Staff of Primary Health Centers will trained to assist the work.
3.1.(c). Awareness Campaign shall be launch and sponsored to Information.
3.1.(d). Measures should be taken for pre-natal, peri-natal and post-natal care of mother and child.
3.2. Education [16]
3.2.(a). Every child with Disability will have Right to free education till age of 18years in integrated Schools and Special Schools.
3.2.(b). Children with Disability will have Right to free books, scholarship, uniforms and other learning materials.
3.2.(c). Special Schools for children with Disability shall be equip with Vocational Training.
3.2.(d). Non formed education shall be promoted for children with disability.
3.2.(e). Teachers Training Institutions shall be established to develop manpower.
3.3. Employment [17]
Three percent in government employment will be reserved for people with Disability, one percent each for person suffering from:
3.3.(a). Blindness or Low Vision
3.3.(b). Hearing impairment
3.3.(c). Relaxation of upper age limit.
3.3.(d). Regulating the employment
3.3.(e). Locometer Disability
3.3.(f). Health and Safety measures for non-handicapp, environment in place where person with Disability are employed.
Government educational institutions and other educational institutes receiving grants from government shall reserve at least three seat for people with Disability.
3.4. Affirmative Action:
Aids and appliances shall made available to the people with Disability. Allotment of land shall made at concessional rates to people with Disability for:
3.4.(a). Houses
3.4.(b). Business
3.4.(c) Special Recreational Centres
3.4.(d) Special Schools
3.4.(e) Research Schools
3.5. Non-Discrimination
3.5.(a) Public building, rail compartments, buses, ships and air-crafts will be designed to give easy access to the disabled people.
3.5.(b) In all public places and in waiting rooms, the toilets shall be wheel chair accessible. Braille and sound symbols are also to be provided in all elevators (lifts).
3.5.(c) All the places of public utility shall be made barrier- free by providing the ramps.
3.6. Social Security
3.6.(a)Financial assistance to non-government organizations for the rehabilitation of persons with disabilities.
3.6.(b) Insurance coverage for the benefit of the government employees with disabilities.
3.6.(c) Unemployment allowance to the people with disabilities who are registered with the special employment exchange for more than a year and could not find any gainful occupation
4. The Mental Health Act, 1987
4.1. A right to be admitted, treated and cared in a psychiatric hospital or psychiatric nursing home or convalescent home established or maintained by the Government or any other person for the treatment and care of mentally ill persons (other than the general hospitals or nursing homes of the Government).
4.2. Even mentally ill prisoners and minors have a right of treatment in psychiatric hospitals or psychiatric nursing homes of the Government.
4.3. Mentally ill persons have the right to get regulated, directed and co-ordinated mental health services from the Government. The Central Authority and the State Authorities set up under the Act have the responsibility of such regulation and issue of licenses for establishing and maintaining psychiatric hospitals and nursing homes.
4.4. Treatment at Government hospitals and nursing homes mentioned above can be obtained either as in patient or on an out-patients basis.
4.5. The police have an obligation to take into protective custody a wandering or neglected mentally ill person, and inform his relative, and also have to produce such a person before the local magistrate for issue of reception orders.
4.6. Mentally ill persons have the right to be discharged when cured and entitled to leave the mental health facility in accordance with the provisions in the Act.
4.7. Where mentally ill persons own properties including land which they cannot themselves manage, the district court upon application has to protect and secure the management of such properties by entrusting the same to a Court of Wards, by appointing guardians of such mentally ill persons or appointment of managers of such property.
4.8. Mentally ill persons undergoing treatment shall not be subjected to any indignity (whether physical or mental) or cruelty. Mentally ill persons cannot be used without their own valid consent for purposes of research, though they could receive their diagnosis and treatment.
4.9. A mentally ill person shall be entitled to the services of a legal practitioner by order of the magistrate or district court if he has no means to engage a legal practitioner or his circumstances so warrant in respect of proceedings under the Act.
5. The Rehabilitation Council of India Act, 1992[18]
5.1. To have the right to be served by trained and qualified rehabilitation professionals whose names are borne on the Register maintained by the Council
5.2. To have the guarantee of maintenance of minimum standards of education required for recognition of rehabilitation qualification by universities or institutions in India.
5.3. To have the guarantee of regulation of the profession of rehabilitation professionals by a statutory council under the control of the central government and within the bounds prescribed by the statute
6. UN Declaration on the Rights of Mentally Retarded Persons
6.1. The mentally retarded person has, to the maximum degree of feasibility, the same rights as under human beings.
6.2. The mentally retarded person has a right of economic security and of a decent standard of living. He/she has a right to perform productive work or to participate in any other meaningful occupation to the fullest possible extent of capabilities.
6.3. The mentally retarded person has a right to a qualified guardian when this is required in order to protect his personal well-being or interests.
6.4. The mentally retarded person has a right to get protection from exploitation, abuse and a degrading treatment. If prosecuted for any offence; he shall have right to the due process of law, with full recognition being given to his degree of mental responsibility.
6.5. The mentally retarded person has a right to proper medical care, physical therapy and to such education, training, rehabilitation and guidance which will enable him to further develop his ability, and reach maximum potential in life.
7. Policies In India:
National policy for persons with disabilities, 2006 . The Government of India formulated the national Policy for persons with disabilities in Feb 2006 which deals with the physical , educational and economic rehabilitation of persons with disabilities.
The National Policy recognise the Persons with Disabilities are valuable human resources for the country and seeks to create an environment that provides them equal opportunities, protection of their rights and full participation in society . Some of the aspects which the policy focuses on are:
1) Prevention of Disabilities 2) Rehabilitation Measures 3) Women with disabilities 4) Children with disabilities.
Conclusion
Disability refers to the disadvantage or restrictions of activity caused by the way society is organised which takes little or no account if people who have physical , sensory or mental impairments . Disability is an unfortunate part od human life which can effect not only the natural way of a living but also despair component strength and power . The Government needs to launch more social security schemes for disabled sections and generate more employment opportunities for them . Several schemes and benefits conference on the disabled persons has come up as relief and has successfully served to provide equal opportunities to the disabled section.
Citation
[1] Rights of Persons with Disability Act, 2016
[2] Vikaspedia, India available at https://vikaspedia.in/education/parents-corner/guidelines-for-parents-of-children-with-disabilities/legal-rights-of-the-disabled-in-india#:~:text=Every%20person%20including%20the%20disabled,with%20law%20(Article%2023). (Last visited January 7, 2024)
[3] Disability [equal opportunity, Protection of Right and Full Participation] Act 1995.
[4] Constitution of India Act, 1950 Article 15(1)
[5] Constitution of India Act, 1950 Article 15(2)
[6] Constitution of India Act, 1950 Article 17
[7] Constitution of India Act, 1950 Article 21
[8] Constitution of India Act, 1950 Article 23
[9] Constitution of India Act, 1950 Article 32
[10] Constitution of India Act, 1950 Article 29(2)
[11] Constitution of India Act, 1950 Article 49
[12] Constitution of India Act, 1950 Article 47
[13] Mental Health Act 1987
[14] The Hindu Succession Act, 1956
[15] Rights of Persons with Disability, 2016
[16] Rights of Persons with Disability, 2016 Section 16
[17] Rights of Persons with Disability, 2016 Section 19, and Section 20
[18] The Rehabilitation Council of India Act, 1992
