Annual Report - National Human Rights Commission

Rights of the Disabled
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from a disability rights perspective in the Hindu Marriage Act of 1955, the Hindu Adoption
and Maintenance Act of 1956, and the Indian Contract Act of 1872. During the reporting
period, yet another deficiency in the Hindu Marriage Act surfaced when a media report,
confirmed that a senior psychiatrist at the Agra Mental Institute and Hospital, on the payment
of bribes by husbands, fabricated at least 10 certificates of mental illness of their wives, for
securing divorce who were otherwise perfectly normal. Taking in view the gravity of the
offences and the ease with which they had been committed, the Commission issued notices
to the Home Secretary, Uttar Pradesh Government, and the Director of the Agra
Mental Institute.
5.28 In order to suspend abusive use of the Hindu Marriage Act and other similar legislations it
has become almost urgent for the Government of India to consider systematic review of all the
laws including administrative rules, regulations and instructions.
5.29 During the period under report, a study was commissioned to review the periodic reports
submitted by Government to the International Human Rights Bodies under ICCPR, CRC, and
CEDAW. The reports display a lack of sensitivity in reporting on the rights of persons with
disabilities.
5.30 The Commission notes with concern that no effort has been made so far, to remove
disparities in the family laws although the Human Rights Committee in General Comment
No. 19 urged the States to report “whether there are restrictions or impediments to the exercise
of the right to marry based on special factors such as degree of kinship or mental incapacity.”
Rule 9 of the UN Standard Rules on Equalization of Opportunities for Persons with Disabilities,
1993, also reflects a similar concern when it call upon the states to “ensure that laws do not
discriminate against persons with disabilities with respect to sexual relationships, marriage
and parenthood. This instrument has assumed far greater importance since the resolution 2000/
51 of the UN Human Rights Commission considers, “any violation of the fundamental principle
of equality or any discrimination or other negative differential treatment of persons with
disabilities inconsistent with the United Nations Standard Rules on the Equalization of
Opportunities for Persons with Disabilities is an infringement of the human rights of persons
with disabilities.” (para 1)
5.31 In view of the treaty obligations and the clarification offered by international monitoring
bodies, the Government must modify outmoded provisions of the Hindu Marriage Act and the
Hindu Adoption and Maintenance Act must be modified in light of the treaty norms.
5.32 In the meeting of Chief Secretaries and Directors General of Police with the
Commission, held on 14.12.04, the representatives of Government of Karnataka pointed
out that when disabled persons are produced in the court, they are made to remove their
shoes, fitted in their artificial legs, which cause serious difficulties to them. The Hon’ble
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