RIGHTS AND LEGAL ASPECTS OF DISABILITY 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 : Ø Medical Ø Social Ø Educational and Ø Vocational measures

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.

Rehabilitation 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) Ø Act was passed on 1987 by govt. India, Ministry of Law and Justice. Ø Mentally ill person means a person who is in need of treatment because of any mental disorder other than mental retardation Ø This act clearly excluded the person with mental retardation from the definition of person with mental illness Ø Treatment and institutionalization of the mentally ill. Ø Protection and management of their property.

Cont. . Ø Right to be admitted , treated and taken care of in a psychiatric hospitals or psychiatric nursing home. Ø Mentally ill persons have the right to have regulated , directed and co-ordinate mental health services from govt. central-state, Ø Mental health prisoners and minors have a right of treatment in psychiatric hospitals or psychiatric nursing homes of the government. Ø Treatment at Govt. hospitals and nursing homes mentioned above can be had either as in or outpatients. Ø Mentally ill patient can seek voluntary admission in hospitals

cont Ø The police have an obligation to take into protective custody a wandering of neglected mentally ill person. Ø Mentally ill person have the rights to discharged when cured Ø Management of properties Ø Cost of maintenance of mentally ill persons detained as inpatient in any Govt. psychiatric hospitals or nursing homes shall be borne by the sate Govt. Ø Mentally ill patient who are entitled the services of a legal practitioner by order of the magistrate or district Court.

Rehabilitation Council of India act (1992) Ø 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. Ø Under this act every rehabilitation practitioner including special educator are expected to register in RCI after qualifying from training institutes recognize by RCI.

Cont. . Ø To have the right to be served by trained and qualified Rehabilitation professionals whose names are borne on the Register maintained by the Council. Ø To have the guarantee of maintenance of minimum standards of education required for recognition or rehabilitation qualification by universities or institutions in India.

Cont. . Ø 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. Ø 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.

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 section 3. 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; 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;

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.

Guardian 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.

Removal 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.

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.

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

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