Disability Laws in India: An overview


The problem of disability is not only limited to a single aspect. People who suffer from disability, be in mental or physical, have to suffer through alot. It means that the person has to face discrimination in education, jobs, religious activities and other life related activities. These instances makes a person more weak and more vulnerable to live and adjust in the society. Hence, it became necessary to have a check on such conditions and make the disabled people live their lives with their rights. There are several laws that have been enacted and along with them, other legislatures also state about the rights of the disabled people. Rights in Constitution of India The fundamental rights in the Constitution of India states that every person shall be treated equally irrespective of many aspects. One of those aspects is disability. Article 15 of the Constitution states the government shall not discriminate any person on any grounds ( including disability). Every person has equal rights for entering in public places and enjoying the other aspects of life. Similarly, Articles 17,24,21,25 also states about the rights of disabled in relation to untouchability, religious activities, education, job opportunities etc. Article 32 also enshrines that a disabled person has the right to move to Supreme Court for filing a petition. This shows that the heart and soul of the legislatures of India completely supports the disabled people in the country. It makes sure that people who are disabled don't have to face any kind of discrimination. Prevailing Disability Laws. There are several legislatures that have been enacted besides constitution of India. The Mental Health Act,1957- The act states that the people who are suffering from mental disability have the equal rights to admitted and treated in the hospitals. They have the rights to be regulated according to the rules that have been ordinated by the mental health authority of the country. The police shall make protective measures for such people in case of any complaint. Apart from this, all the other necessities are included in the act. The Rehabilitation Council of India Act, 1992- The act was enacted to ensure good quality of treatment to the people who are admitted in the rehabilitation centres. It becomes the duty of these centres to take care of the patients as it becomes their home for a particular duration. The I'll treatment of the patients could lead to punishments as prescribed under the Act. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999- This act makes it the duty of the Central government to establish centres for the safety and treatment of patients dealing with problems of Disabilities. Committees are also to be established in order to preserve the rights of these people. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995)- It ensures that the disabled people are also getting equal opportunities accordingly. It seems to regulate the other laws and punish the wrong doers accordingly. Along with these laws, labour laws also provide for the provisions in relation to the disability. This shows that at every aspect, disabled people are being treated well. Role of NGOs There are several NGOs that are playing there roles in managing the lives of the disabled people. They are taking care of these people and are helping them to live their lives in a better way. One such example is RSVI, as it is working for the people who are visually disabled. They are taking measures to help such people in every possible and provide them with help which they have not been able to receive. Conclusion It is very visual that disability is a problem but, with a concrete solution. It just takes the efforts of normal people to make the disabled ones feel normal and special. Apart from the laws, it becomes the duty of every citizen to have their hands wide open to help such people. There are many examples in which disabled people have proved themselves and it will continue to happen with the efforts that people put.

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