1: Introduction

The Right of the disabled is a crucial aspect of human right,aiming to ensure equal opportunities,inclusion,and dignity for individual with disabilities. Across the globe, societies are recognizing the importance of safeguarding these right,striving to build a world that wmbraces diversity and supports everyone,regardlessof their physicalor cognitive abilities.{1}

2: The disabled and the constitution

The constitution of India applies uniformly to every legal citizen of India,whether they are healthy or disabled in any way (physically or mentally)

Under the constitution the disabled have been guaranteed the following fundamental rights:

1:- The Constitution secures to the citizens including the disabled, a right of justice, liberty of thought, expression, belief, faith and worship, equality of status and of opportunity and for the promotion of fraternity.

2:-Article 15(1) enjoins on the Government not to discriminate against any citizen of India (including disabled) on the ground of religion, race, caste, sex or place of birth.

3:-Article 15 (2) States that no citizen (including the disabled) shall be subjected to any disability, liability, restriction or condition on any of the above grounds in the matter of their access to shops, public restaurants, hotels and places of public entertainment or in the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of government funds or dedicated to the use of the general public. Women and children and those belonging to any socially and educationally backward classes or the Scheduled Castes Tribes can be given the benefit of special laws or special provisions made by the State.

4:-There shall be equality of opportunity for all citizens (including the disabled) in matters relating to employment or appointment to any office under the State.

5:- No person including the disabled irrespective of his belonging can be treated as an untouchable. It would be an offence punishable in accordance with law as provided by Article 17 of the Constitution.

6:- Every person including the disabled has his life and liberty guaranteed under Article 21 of the Constitution.

7:- There can be no traffic in human beings (including the disabled), and beggar and other forms of forced labour is prohibited and the same is made punishable in accordance with law (Article 23).

8:- Article 24 prohibits employment of children (including the disabled) below the age of 14 years to work in any factory or mine or to be engaged in any other hazardous employment. Even a private contractor acting for the Government cannot engage children below 14 years of age in such employment.

9:- Article 25 guarantees to every citizen (including the disabled) the right to freedom of religion. Every disabled person (like the non-disabled) has the freedom of conscience to practice and propagate his religion subject to proper order, morality and health.

10:- No disabled person can be compelled to pay any taxes for the promotion and maintenance of any particular religion or religious group.

11:- No Disabled person will be deprived of the right to the language, script or culture which he has or to which he belongs.

12:- Every disabled person can move the Supreme Court of India to enforce his fundamental rights and the rights to move the Supreme Court is itself guaranteed by Article 32.

13:- No disabled person owning property (like the non-disabled) can be deprived of his property except by authority of law though right to property is not a fundamental right. Any unauthorized deprivation of property can be challenged by suit and for relief by way of damages.

14:- Every disabled person (like the non-disabled) on attainment of 18 years of age becomes eligible for inclusion of his name in the general electoral roll for the territorial constituency to which he belongs.{2}

33:Legal framwork

Numerous international and national laws emphasize the rights of the disabled. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) stands as a landmark treaty, promoting the full and equal participation of individuals with disabilities in all aspects of life. This includes areas such as education, employment, healthcare, and social and political activities:{3}

4: Equality and non- discrimination

Central to the rights of the disabled is the principle of equality. It involves eliminating discrimination and ensuring that individuals with disabilities have the same opportunities as others. This extends to accessible infrastructure, reasonable accommodations, and a commitment to dismantling societal barriers that hinder their full participation.:{4}

5: Education law for the disabled

1:-The right to education is available to all citizens including the disabled. Article 29(2) of the Constitution provides that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on the ground of religion, race, caste or language.

2:- Article 45 of the Constitution directs the State to provide free and compulsory education for all children (including the disabled) until they attain the age of 14 years. No child can be denied admission into any education institution maintained by the State or receiving aid out of State funds on the ground of religion, race, casteor language.{5}

6:-HEALTH LAWS:

1:-Article 47 of the constitution imposes on the Government a primary duty to raise the level of nutrition and standard of living of its people and make improvements in public health - particularly to bring about prohibition of the consumption of intoxicating drinks and drugs which are injurious toones health except for medicinal purposes.

2:- The health laws of India have many provisions for the disabled. Some of the Acts which make provision for health of the citizens including the disabled may be seen in the mental health Act ,1987.(6)

7:-JUDICIAL PROCEDURES FOR THE DISABLED

Under the Designs Act, 1911 which deals with the law relating to the protection of designs any person having jurisdiction in respect of the property of a disabled person (who is incapable of making any statement or doing anything required to be done under this Act) may be appointed by the Court under Section 74, to make such statement or do such thing in the name and on behalf of the person subject to the disability. The disability may be lunacy or other disability.

Income Tax Concessions

Relief for Handicapped

Section 80 DD: Section 80 DD provides for a deduction in respect of the expenditure incurred by an individual or Hindu Undivided Family resident in India on the medical treatment (including nursing) training and rehabilitation etc. of handicapped dependants. For officiating the increased cost of such maintenance, the limit of the deduction has been raised from Rs.12000/- to Rs.20000/-.

Section 80V: A new section 80V has been introduced to ensure that the parent in whose hands income of a permanently disabled minor has been clubbed under Section 64, is allowed to claim a deduction upto Rs.20000/- in terms of Section 80 V.

Section 88B:This section provides for an additional rebate from the net tax payable by a resident individual who has attained the age of 65 years. It has been amended to increase the rebate from 10% to 20% in the cases where the gross total income does not exceed Rs.75000/- (as against a limit of Rs.50000/- specified earlier).{7}

8:-CONCLUSION

The Right of the disabled is a fundamental aspect of human right,emphasizing equality,inclusion,and diginity for individual with disabilities,upholding these right requires concerted efforts at local,national,and international levels.By fostering inclusive policies,eliminating, discrimintion,and promoting accessibility,societies can create environmentswhere the potential of every individual,regarless of ability, can be fully realized.

9: CITATION

1: World heath Organization , available at: https://www.who.int (last visited on November 14,2023)

2:Praveen,"the disabled and the constitution " available at: https://www/legalserviceindia.com (last visited on Novmeber 14,2023)

3:Vikaspedia,"legal framwork" available at: https://vikaspedia.in (last on November 14,2023)

4: O.H.C.H.R,"equality and non-discrimination" available at : https://www.ohchr.org (last visited on November 14,2023)

5:Vikaspedia,"Education law of the disabled" available at : https://vikaspedia.in (last visited on November 15,2023)

6:Diya Banerjee, "Health laws" available at https://blog.iplraders.in (last visted on November 15,2023)

7: Praveen,"Judicial procedure for the disabled" available at: https://www/legalserviceindia.com (last visited on November 15,2023)