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LAWS RELATED TO PERSON WITH DISABILITY
&
PROTECTION OF ELDERLY
• A DISABILITY IS AN IMPAIRMENT THAT MAY BE
COGNITIVE, DEVELOPMENTAL, INTELLECTUAL,
MENTAL, PHYSICAL, SENSORY, OR SOME COMBINATION
OF THESE. IT SUBSTANTIALLY AFFECTS A
PERSON'S LIFE ACTIVITIES AND MAY BE PRESENT
FROM BIRTH OR OCCUR DURING A PERSON'S
LIFETIME. ... DISABILITY IS THUS NOT JUST A HEALTH
PROBLEM
PERSON WITH DISABILITY 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 WITH NON-DISABLED PERSON
BENEFICIARIES
•  BLINDNESS
•  LOW-VISION
•  LEPROSY-CURED  HEARING IMPAIRMENT
•  LOCO MOTOR DISABILITY, OR ANY FORM OF CEREBRAL PALSY
•  MENTAL RETARDATION  MENTAL ILLNESS
HOW DOES THE ACT SET OUT TO ACHIEVE
IT’S GOALS
• THROUGH…..
•  EDUCATION  EMPLOYMENT 
• SPECIAL FACILITIES
•  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 GOVT. 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
•  SUITABLE MODIFICATION IN THE EXAMINATION SYSTEMS
•  RESTRUCTURING OF CURRICULUM
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 SECTION3.
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
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
• 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 WITH NON-DISABLED PERSON
OTHER ACTS
 RIGHT TO EDUCATION ACT (2010)
1.PROVIDES EDUCATIONAL OPPORTUNITY IN A NORMAL SCHOOL SETTINGS
2. 2. PROVIDES SPECIAL ATTENTION FOR LEANING IF IT IS NECESSARY
•  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
LAWS RELATED TO ELDERLY
• THE RIGHTS OF OLDER PERSONS ARE THE ENTITLEMENTS AND
INDEPENDENCE CLAIMED FOR SENIOR CITIZENS (I.E. ABOVE 60
YEARS OF AGE). ELDERLY RIGHTS ARE ONE OF THE FUNDAMENTAL
RIGHTS OF INDIA. THE INTERNATIONAL DAY OF OLDER PERSONS IS
CELEBRATED ANNUALLY ON OCTOBER 1.
GOVERNMENTAL PROTECTIONS
• : I. THE GOVERNMENT OF INDIA APPROVED THE NATIONAL POLICY FOR OLDER
PERSONS ON JANUARY 13, 1999 IN ORDER TO ACCELERATE WELFARE MEASURES
AND EMPOWERING THE ELDERLY IN WAYS BENEFICIAL FOR THEM.
• THIS POLICY INCLUDED THE FOLLOWING MAJOR STEPS :
• A. SETTING UP OF A PENSION FUND FOR ENSURING SECURITY FOR THOSE
PERSONS WHO HAVE BEEN SERVING IN THE UNORGANIZED SECTOR,
• B. CONSTRUCTION OF OLD AGE HOMES AND DAY CARE CENTERS FOR EVERY 3-4
DISTRICTS,
• C. ESTABLISHMENT OF RESOURCE CENTERS AND RE-EMPLOYMENT BUREAUS
FOR PEOPLE ABOVE 60 YEARS,
• CONCESSIONAL RAIL/AIR FARES FOR TRAVEL WITHIN AND BETWEEN
CITIES, I.E.,50% DISCOUNT IN TRAIN AND INDIAN AIRLINES.
• E. ENACTING LEGISLATION FOR ENSURING COMPULSORY GERIATRIC
CARE IN ALL THE PUBLIC HOSPITALS
• THE GOVERNMENT OF INDIA PROVIDES VARIOUS CONCESSIONS AND FACILITIES TO ITS
SENIOR CITIZENS.[2] THE UNION CABINET’S LATEST DECISION TO APPROVE A NEW LAW –
• MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
• AIMED AT SERVING THE ELDERLY LIVE IN SELF
• RESPECT AND PEACE. THE BILL TO BE INTRODUCED IN PARLIAMENT INCLUDES PROVISIONS
TO GUARD INDIA'S SENIOR CITIZENS BESIDES SPECIFICALLY PRESCRIBING THE STATE’S
ROLE IN TAKING CARE OF THEM.
• THE BILL ALSO PLACES A LEGAL RESPONSIBILITY ON CHILDREN AND RELATIVES TO
MAINTAIN THE SENIOR CITIZEN OR PARENT IN ORDER TO FACILITATE SENIORS WITH A
NORMAL LIFE.
• THIS OBLIGATION APPLIES TO ALL INDIAN CITIZENS, INCLUDING THOSE WHO LIVE
ABROAD.
• THE OFFSPRING AND RELATIVES OF SENIORS WILL BE REQUIRED TO PROVIDE SUFFICIENT
SUPPORT FOR SENIOR CITIZENS, WHILE THE STATE GOVERNMENTS WILL CREATE OLD AGE
HOMES IN EVERY DISTRICT.

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laws related to person with disability and protection of elderly

  • 1. LAWS RELATED TO PERSON WITH DISABILITY & PROTECTION OF ELDERLY
  • 2. • A DISABILITY IS AN IMPAIRMENT THAT MAY BE COGNITIVE, DEVELOPMENTAL, INTELLECTUAL, MENTAL, PHYSICAL, SENSORY, OR SOME COMBINATION OF THESE. IT SUBSTANTIALLY AFFECTS A PERSON'S LIFE ACTIVITIES AND MAY BE PRESENT FROM BIRTH OR OCCUR DURING A PERSON'S LIFETIME. ... DISABILITY IS THUS NOT JUST A HEALTH PROBLEM
  • 3. PERSON WITH DISABILITY 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 WITH NON-DISABLED PERSON
  • 4. BENEFICIARIES •  BLINDNESS •  LOW-VISION •  LEPROSY-CURED  HEARING IMPAIRMENT •  LOCO MOTOR DISABILITY, OR ANY FORM OF CEREBRAL PALSY •  MENTAL RETARDATION  MENTAL ILLNESS
  • 5. HOW DOES THE ACT SET OUT TO ACHIEVE IT’S GOALS • THROUGH….. •  EDUCATION  EMPLOYMENT  • SPECIAL FACILITIES •  REHAB AND SOCIAL SECURITY
  • 6. 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
  • 7. DUTIES ON THE GOVT. 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 •  SUITABLE MODIFICATION IN THE EXAMINATION SYSTEMS •  RESTRUCTURING OF CURRICULUM
  • 8. 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 SECTION3.
  • 9. 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
  • 10. • 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
  • 11. 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.
  • 12. 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
  • 13. RPWD ACT • 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 WITH NON-DISABLED PERSON
  • 14. OTHER ACTS  RIGHT TO EDUCATION ACT (2010) 1.PROVIDES EDUCATIONAL OPPORTUNITY IN A NORMAL SCHOOL SETTINGS 2. 2. PROVIDES SPECIAL ATTENTION FOR LEANING IF IT IS NECESSARY
  • 15. •  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
  • 16. LAWS RELATED TO ELDERLY
  • 17. • THE RIGHTS OF OLDER PERSONS ARE THE ENTITLEMENTS AND INDEPENDENCE CLAIMED FOR SENIOR CITIZENS (I.E. ABOVE 60 YEARS OF AGE). ELDERLY RIGHTS ARE ONE OF THE FUNDAMENTAL RIGHTS OF INDIA. THE INTERNATIONAL DAY OF OLDER PERSONS IS CELEBRATED ANNUALLY ON OCTOBER 1.
  • 18. GOVERNMENTAL PROTECTIONS • : I. THE GOVERNMENT OF INDIA APPROVED THE NATIONAL POLICY FOR OLDER PERSONS ON JANUARY 13, 1999 IN ORDER TO ACCELERATE WELFARE MEASURES AND EMPOWERING THE ELDERLY IN WAYS BENEFICIAL FOR THEM. • THIS POLICY INCLUDED THE FOLLOWING MAJOR STEPS : • A. SETTING UP OF A PENSION FUND FOR ENSURING SECURITY FOR THOSE PERSONS WHO HAVE BEEN SERVING IN THE UNORGANIZED SECTOR, • B. CONSTRUCTION OF OLD AGE HOMES AND DAY CARE CENTERS FOR EVERY 3-4 DISTRICTS, • C. ESTABLISHMENT OF RESOURCE CENTERS AND RE-EMPLOYMENT BUREAUS FOR PEOPLE ABOVE 60 YEARS, • CONCESSIONAL RAIL/AIR FARES FOR TRAVEL WITHIN AND BETWEEN CITIES, I.E.,50% DISCOUNT IN TRAIN AND INDIAN AIRLINES. • E. ENACTING LEGISLATION FOR ENSURING COMPULSORY GERIATRIC CARE IN ALL THE PUBLIC HOSPITALS
  • 19. • THE GOVERNMENT OF INDIA PROVIDES VARIOUS CONCESSIONS AND FACILITIES TO ITS SENIOR CITIZENS.[2] THE UNION CABINET’S LATEST DECISION TO APPROVE A NEW LAW – • MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 • AIMED AT SERVING THE ELDERLY LIVE IN SELF • RESPECT AND PEACE. THE BILL TO BE INTRODUCED IN PARLIAMENT INCLUDES PROVISIONS TO GUARD INDIA'S SENIOR CITIZENS BESIDES SPECIFICALLY PRESCRIBING THE STATE’S ROLE IN TAKING CARE OF THEM. • THE BILL ALSO PLACES A LEGAL RESPONSIBILITY ON CHILDREN AND RELATIVES TO MAINTAIN THE SENIOR CITIZEN OR PARENT IN ORDER TO FACILITATE SENIORS WITH A NORMAL LIFE. • THIS OBLIGATION APPLIES TO ALL INDIAN CITIZENS, INCLUDING THOSE WHO LIVE ABROAD. • THE OFFSPRING AND RELATIVES OF SENIORS WILL BE REQUIRED TO PROVIDE SUFFICIENT SUPPORT FOR SENIOR CITIZENS, WHILE THE STATE GOVERNMENTS WILL CREATE OLD AGE HOMES IN EVERY DISTRICT.