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Special rights
1. RIGHTS OF SPECIALRIGHTS OF SPECIAL
GROUPGROUP
BY:
LOVEENA ARPITA SAMUEL
M.Sc NURSING FINAL YEAR
TEERTHANKER MAHAVEER COLLEGE OF NURSING
TEERTHANKER MAHAVEER UNIVERSITY
1TMCON[ Rights of special group]
2. INTRODUCTION
• Rights are legal, social, or ethical principles of
freedom or entitlement; that is, rights are the
fundamental normative rules about what is allowed of
people or owed to people, according to some legal
system, social convention, or ethical theory.
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3. INTRODUCTION (Cont..)
• Special groups are those who need special
attention such as children, women, HIV,
handicap and ageing. So to protect these
groups the rights have been formulated by the
constitution.
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4. RIGHTS OF CHILDREN
• Children's rights are the human rights
of children with particular attention to the
rights of special protection and care afforded
to minors.
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5. • Children's rights includes their right to
association with both parents, human
identity as well as the basic needs for physical
protection, food, universal state-paid
education, health care, and criminal laws
appropriate for the age and development of the
child, equal protection of the child's civil
rights, and freedom from discrimination and
abuse. 5TMCON[ Rights of special group]
6. RIGHTS OF CHILDREN
• Child must be first to receive relief in times of
distress.
• Hungry child should be fed; sick child should be
helped; and the orphan and the homeless child should
be sheltered and secured.
• Child must be given the means needed for its normal
development, both materially and spiritually.
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7. RIGHTS OF CHILDREN
• Child must be brought up in the consciousness that its
best qualities are to be used in the service of its
fellow men.
• Child must be put in a position to earn a livelihood
and must be protected against every form of
exploitation.
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8. RIGHTS OF WOMEN
• Women's rights are the rights and entitlements claimed
for women and girls worldwide, and formed the basis for
the women's rights movement in the nineteenth century
and feminist movement during the 20th century.
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10. CONSTITUTIONAL PROVISIONS
• Equality of opportunity for all citizens in matters
relating to employment or appointment to any office
under the State (Article 16) Constitutional Privileges.
The State to make special provision in favour of
women and children (Article 15)
The State not to discriminate against any citizen on
grounds only of religion, race, caste, sex, place of
birth (Article 15)
Equality for women
(Article 14)
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11. • The State to make provision for securing just and
human conditions of work and for maternity relief
(Article 42)
• To promote justice, on a basis of equal opportunity
and to provide free legal aid by suitable legislation or
scheme (Article 39 )
• The State to direct its policy towards securing for
men and women equally the right to an adequate
means of livelihood; and equal pay for equal work
for both men and women (Article 39)
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12. • To promote harmony and the spirit of common
brotherhood amongst all the people of India and to
renounce practices derogatory to the dignity of
women (Article 51)
• The State to raise the level of nutrition and the
standard of living of its people (Article 47)
• The State to promote with special care the
educational and economic interests of the weaker
sections of the people and to protect them from
social injustice and all forms of exploitation
(Article 46) 12TMCON[ Rights of special group]
13. • Not less than one-third of the total number of
seats to be filled by direct election in every
Panchayat, Municipality to be reserved for
women (Article 243 )
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14. LEGAL PROVISIONS( Cont..)
• Kidnapping
• Rape (Sec. 376 IPC)
& Importation of girls
(up to 21 years of
age)
• The Crimes Identified
Under the Indian
Penal Code (IPC)
• Sexual Harassment
(Sec. 509 IPC)
• Molestation (Sec. 354
IPC) Torture, both
mental and physical
(Sec. 498-A IPC)
Homicide for Dowry,
Dowry Deaths or their
attempts (Sec.
302/304-B IPC)
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15. LEGAL PROVISIONS
( Cont..)
• Abduction for
different purposes
( Sec. 363-373)
• Dowry Prohibition
Act, 1961 The Crimes
identified under the
Special Laws (SLL)
• The Maternity Benefit
Act, 1961 (Amended
in 1995)
• Immoral Traffic (Prevention) Act,
1956
• The Hindu Succession Act, 1956
with amendment in 2005
• The Hindu Marriage Act, 1956
• The Special Marriage Act, 1954
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16. LEGAL PROVISIONS( Cont..)
• The Family Courts Act,
1954
• The Plantation Labour
Act, 1951
• The Employees State
Insurance Act, 1948
• The Protection of
Women from Domestic
Violence Act, 2005
• Commission of Sati
(Prevention) Act, 1987
• Indecent Representation
of Women (Prohibition)
Act, 1986
• The Factories Act, 1986
• The Criminal Law Act,
1983
• The Prohibition of Child
Marriage Act, 2006
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17. LEGAL PROVISIONS( Cont..)
• The Equal Remuneration Act, 1976
• The Contract Labour (Regulation and
Abolition) Act, 1976
• The Medical Termination of Pregnancy Act,
1971
• The Employees State Insurance Act, 1948
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18. SPECIAL INITIATIVES FOR
WOMEN
• National Policy for the Empowerment of Women, 2001
• The National Plan of Action for the Girl Child (1991-
2000)
• Reservation for Women in Local Self - Government
• National Commission for Women
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19. RIGHTS OF HIV POSITIVE
PATIENTS.
• People with HIV infection/AIDS have same
basic rights & responsibilities like:
Liberty, autonomy, security of the person and
freedom of movement.
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20. RIGHTS OF HIV POSITIVE
PATIENTS (Cont..)
HIV testing Confidentiality and privacy
Health and support services, public benefits, medical
schemes and insurance.
Education on HIV and AIDS.
The responsibility of media.
The right of safer sex
The right of prisoners duties of persons with HIV /AIDS20TMCON[ Rights of special group]
21. RIGHTS OF HANDICAP/
DISABLED
• General legal provisions
• Education Law for the
Disabled Health Laws
• Family Laws
• Succession Laws for the
Disabled
• Labour Laws for the
Disabled
• Judicial procedures for
the disabled
• Income Tax
Concessions
• The Mental Health Act,
1987
• The Rehabilitation
Council of India Act,
1992
21
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22. RIGHTS OF HANDICAP/
DISABLED (Cont..)
• The national trust for welfare of persons with
autism, cerebral palsy, mental retardation and
multiple disabilities act, 1999
• Grievance Redressal, Social Security Research
and Manpower Development
• Non-Discrimination, Affirmative Action
Employment
• Education
• Prevention and early detection of disabilities 22
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23. RIGHTS OF HANDICAP/
DISABLED (Cont..)
• The persons with disabilities (equal
opportunities, protection of rights and full
participation) act, 1995.
1.Whenever possible, the mentally retarded
person should live with his own family or with
his foster parents and participate in different
forms of community life. The family with
which he lives should receive assistance
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24. RIGHTS OF HANDICAP/
DISABLED (Cont..)
2. Right of economic security The mentally
retarded person has a right to proper medical
care
3. The mentally retarded person has, to the
maximum degree of feasibility, the same
rights as under human beings
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25. RIGHTS OF HANDICAP/
DISABLED (Cont..)
4. The mentally retarded person has a right to get
protection from exploitation, abuse and a degrading
treatment.
5. The mentally retarded person has a right to a
qualified guardian.
6. The Right of Persons with Disabilities Bill.
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26. RIGHTS OF HANDICAP/
DISABLED (Cont..)
7. Persons with at least 40% of a disability are
entitled to certain benefits such as
reservations in education and employment,
preference in government schemes, etc.
8. In case of mentally ill persons, district courts may
award two types of guardianship: a limited guardian
& Violation of any provision of the Act is
punishable with imprisonment up to six months,
and/or fine of Rs 10,000. Subsequent violations
carry a higher penalty.
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27. RIGHTS OF AGEING
• GOVERNMENTAL PROTECTIONS
• Enacting legislation for ensuring compulsory geriatric care
in all the public hospitals
• Concessional rail/air fares for travel
• Construction of old age homes and day care centers for
every 3-4 districts
• Pension fund and National Policy for Older Persons on
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28. RIGHTS OF HANDICAP/
DISABLED (Cont..)
• Former Prime Minister A.B.Bajpai was also launch
‘Annapurana Yojana’ for the benefit of aged person’s
• Life Insurance Corporation of India (LIC) has also
been providing several scheme for the benefit of aged
persons, i.e.,Jeevan Dhara Yojana, Jeevan Akshay
Yojana, Senior Citizen Unit Yojana, Medical
Insurance Yojana.
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29. RIGHTS OF AGEING
• The Ministry of Justice and Empowerment has
announced regarding the setting up of a National
Council for Older Person, called agewell Foundation.
It will seek opinion of aged on measures to make life
easier for them.
• According to Sec.88-B, 88-D and 88-DDB of Income
Tax Act there are discount in tax for the elderly
persons.
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30. RIGHTS OF AGEING(Cont..)
• The government policy encourages a prompt
settlement of pension, provident fund (PF), gratuity,
etc. in order to save the superannuated persons from
any hardships.
• Attempts to sensitise school children to live and work
with the elderly. Setting up of a round the clock help
line and discouraging social ostracism of the older
persons are being taken up.
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31. RIGHTS OF AGEING(Cont..)
• The policy also accords high priority to their health
care needs.
• It is proposed to allot 10 percent of the houses
constructed under government schemes for the urban
and rural lower income segments to the older persons
on easy loan
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