Date of enactment:
Monday, May 12, 2014
Eyeway Synopsis:
India has ratified the UN Convention on the Rights of Persons with Disabilities (UN CRPD) and has undertaken the obligation to ensure and promote the full realization of all human rights and fundamental freedoms for all Persons with Disabilities without discrimination of any kind on the basis of disability. In fulfillment of this international commitment, the country is obligated to enact suitable legislation in furtherance of the rights recognized in the UN Convention.
India enacted the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995 in fulfillment of its obligation as a signatory to the proclamation on the full participation and equality of People with Disabilities in Asia Pacific region. This legislation has been on the statute book for nearly 15 years and has been the basis of a largely empowering jurisprudence on the Rights of Persons with Disabilities. Whilst the need to retain the empowering jurisprudence is unequivocally acknowledged; it is also recognized that the present Persons with Disabilities Act does not incorporate a number of rights recognized in the UN CRPD. Even the rights that are
recognized are not in total harmony with the principles of the Convention.
Furthermore, the UN CRPD recognizes that disability is an evolving concept
and that disability results from the interaction between persons with
impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others. The Persons with Disabilities Act on the other hand has provided for AN impairment based exhaustive definition of disability. Consequently, people with impairments not mentioned in the Act have been denied the rights and entitlements recognized in the Act.
Insofar as the present Disability Act at no place mandates the right to equality and non-discrimination for persons with disabilities and only selectively recognizes some rights for some persons with disabilities, it is proposed to replace the current disability legislation with a comprehensive law which recognizes all rights of all persons with disabilities.
Source:
http://www.socialjustice.nic.in/pdf/draftbill-pwd.pdf
Introduction to Act:
The Constitution of India resolves to secure to all its citizens justice; liberty; equality; and fraternity. Citizens with Disability are an essential part of human diversity;
India has signed and ratified the United Nations Convention on the Rights of Persons with Disabilities and thereby made an international commitment to promote, protect and ensure the rights recognized in that Convention;
Persons with Disabilities have a right:
- to integrity, dignity and respect with full participation and inclusion;
- to live a life free of shame, ridicule, or any form of disempowerment and
stereotyping;
- to be entitled on equal basis with others to all civil-political and socio- economic rights guranteed by international and national law.
To this end the Union of India, in its sixty-third year, enacts The Rights of Persons with Disabilities Act as follows:
Original Act:
issuing body:
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