Annual Report - National Human Rights Commission

Summary of Principal Recommendations and Observations
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accordingly, formulated the guidelines in that regard and submitted to the court for its consideration.
The High Court of Delhi appreciated those guidelines and while disposing of the writ petition,
directed the Government of NCT of Delhi as well as the judicial academy to look into those
guidelines and formulate a comprehensive policy relating to under-trial mentally challenged
detenues / prisoners. The guidelines are salutary in nature. The Commission, therefore,
recommends to the Central Government to look into those guidelines and frame a comprehensive
policy in relation to mentally challenged under-trial prisoners. The detailed guidelines are given
in Para 4.184.
Rights of the Disabled
19.13 Despite international and domestic actions taken, however, the physically and
mentally challenged persons in our country continue to face several obstacles in leading
their life with dignity. During the reporting period a questionnaire was circulated to the
ministries and departments in Government of India, States and UT Administrations to ascertain
the number of schemes and affirmative action programmes introduced by them to guarantee
right to health, housing, assistive devices, education, vocational training, employment and
social security benefits. The Commission would urge the Governments and the
various agencies under it to urgently comply with the responsibilities enunciated in the
questionnaire. (Para 5.15)
19.14 It seems disability continues to be treated as a unidimensional subject with major
responsibilities being shared by the Ministry of Social Justice and Empowerment and its counter
parts in the States. The relative indifference of a number of ministries and departments is a major
obstacle in the overall development and mainstreaming of disability. Likewise the function of
the Central and the State Coordination Committees is far from satisfactory. Disabilities Act in
Sections 8 (2)(b) & (c) and in Sections 18(2) (b) & (c), requires the Central and the State
Coordination Committees to develop a National/State Policy to address issues faced by persons
with disabilities and advise the Government on the formulation of policies, programmes, legislation
and projects with respect to disability. It is a pity that even after ten years of the enactment
of the Disabilities Act, the mechanisms responsible to evolve a disability policy have failed to do
so. (Para 5.16).
19.15 In the previous Reports the Commission has already pointed out some shortcomings
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 Institute of Mental Institute and Hospital, Agra, 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,
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