Annual Report - National Human Rights Commission

Rights of the Disabled
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having a rights based approach with special emphasis on social, economic and cultural rights.
The enactment of the Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995 (referred to as Persons with Disabilities Act) is a signal
achievement of the Indian disability movement. Preamble to this Act clearly delineates its
objective of promoting and ensuring equality and full participation of persons with disabilities.
The Act aims to protect and promote economic and social rights of people with disabilities.
The Act covers seven disabilities.
5.3 Long and persistent discrimination in access by persons with disabilities to education,
housing, adequate necessities of life such as food and health care, work and participation in the
recreation and cultural activities has given birth to an impressive legal and policy framework
which seeks to equalize opportunities for full participation. In concrete terms three enactments
have been brought in force. These also provide mechanisms for planning, monitoring and redressal
of grievances. The enactments include:
●
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995
●
National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation
and Multiple Disabilities Act, 1999
● The Rehabilitation Council of India Act, 1992
These historic legislations are a corner stone of evolution of jurisprudence on the rights of
persons with disabilities in India. As a result, disability concerns have come into
sharp focus.
5.4 There is a lack of systematic data collection and research regarding the efficacy of these
laws, policies, programmes and the institutions established to safeguard the rights of persons
with disabilities. Over last two years the Commission has made a number of attempts to monitor
the level of awareness and readiness of various institutions in fulfilling their mandatory
obligations under these enactments. Outcome of these initiatives along with recommendations
for disability inclusive systems and programmes were reflected in Chapter 2 of the annual
report for last year.
5.5 During the period under review the Commission introduced a number of proactive initiatives.
These have been beneficial in building the capacity of the key functionaries and institutions of
democracy. Obviously, for effective realization of rights by the disabled, right kind of sensitivity,
skills, and knowledge is required to determine how to apply, when to apply and what kind of
knowledge to apply to eradicate vicissitudes of injustices resulting in exclusion of persons
with disabilities.
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