rights and legal aspects of disability in India

Neeraja CJ

School of Behavioural Sciences

Mahatma Gandhi University

Kottayam

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

 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.

 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, sicknessanddisablement.

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)

 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

 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

 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.

 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.
 Treatment at Govt. hospitals and nursing homes mentioned
above can be had either as in or outpatients.
 Mentally ill patient can seek voluntary admission in hospitals

 The police have an obligation to take into protective custody a
wandering 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 homes
shall be borne by the sate Govt.
 Mentally ill patient who are entitled the services of a legal
practitioner by order of the magistrate or district Court .

 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.

 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.

 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.
 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.

rights and legal aspects of disability in India

 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

 Blindness
 Low-vision
 Leprosy-cured
 Hearing Impairment
 Loco motor disability, or any form of
Cerebral Palsy
 Mental Retardation
 Mental Illness

 Through…..

 Education
 Employment
 Special facilities
 Preferential allotment
 Prevention and early detection
 Rehab and social security

 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.

 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

"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

 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;

 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.

 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.

 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.

 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.

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.

 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

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

 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

rights and legal aspects of disability in India

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