rights and legal aspects of disability in India
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a ppt on rights and legal aspects of disability in India

a ppt on rights and legal aspects of disability in India

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rights and legal aspects of disability in India rights and legal aspects of disability in India Presentation Transcript

  • Neeraja CJSchool of Behavioural SciencesMahatma Gandhi UniversityKottayam
  • 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.
  •  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 justiceArticle 14 - Liberty and security of the personArticle 15 - Freedom from torture or cruel,inhuman or degrading treatment or punishmentArticle 16 - Freedom from exploitation, violence andabuseArticle 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 settings2. Provides special attention for leaning if it is necessary