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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.
    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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rights and legal aspects of disability in India

  • 1. Neeraja CJ School of Behavioural Sciences Mahatma Gandhi University Kottayam
  • 2. 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
  • 3. 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.
  • 4. 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.
  • 5. 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)
  • 6. 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
  • 7. 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
  • 8. 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.
  • 9. 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
  • 10. 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 .
  • 11. 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.
  • 12. 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.
  • 13. 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.
  • 14.
  • 15. 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
  • 16. Blindness  Low-vision  Leprosy-cured  Hearing Impairment  Loco motor disability, or any form of Cerebral Palsy  Mental Retardation  Mental Illness
  • 17. Through…..  Education  Employment  Special facilities  Preferential allotment  Prevention and early detection  Rehab and social security
  • 18. 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.
  • 19. 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
  • 20. "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
  • 21. 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;
  • 22. 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
  • 23. 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;
  • 24.  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.
  • 25. 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.
  • 26. 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.
  • 27. 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.
  • 28. 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.
  • 29. 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
  • 30. 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
  • 31. 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