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Disability Rights Law in India

(b) Investigate the deprivation of the rights and safeguards available to persons with disabilities in areas where the central Government is the appropriate Government and refer corrective action to the competent authorities; (3) The Comptroller and Auditor General of India and any other person appointed by the Comptroller and Auditor General of India in connection with the audit shall, in connection with the audit, have the same rights, privileges and powers as the Comptroller and Auditor General of India generally has with respect to the audit of the accounts of the Crown. and, in particular, have the right to request the submission of books and records, related supporting documents and other documents and documents, and to inspect each of the offices of the Fund. The Developmental Disability Rating Scale should be accurate, easy to administer and not time-consuming. Adequate safeguards should be put in place to ensure that public funds are not misused. In this context, the WHO Disability Assessment Schedule (WHO-DAS 2.0) has been modified and adapted to the Indian context by the Rehabilitation Committee of the Indian Psychiatric Society, which has developed an assessment tool called the Indian Disability Assessment and Assessment Scale (IDEAS). [13,14,15,16,17] IDEAS was tested in eight centers in India. [15] The tool is simple and comprehensive for quantifying the disability of mental illness. IDEAS was originally developed and advocated for four major psychiatric disorders: schizophrenia, bipolar disorder, obsessive-compulsive disorder, and dementia. [15] However, according to the Indian government`s Department of Social Justice and Empowerment, it was expected that computer science would use IDEAS to assess disability in five dimensions: (“Personal Care”, “Work”, “Interpersonal Activities”, “Communication and Comprehension” and “Duration”) and disability for all mental disorders. [5,14] Compared to IDEAS, managing WHO-DAS 2.0 requires more time, and training staff in the management of WHO-DAS 2.0 is more challenging. IDEAS has proven to be very useful in this area for the assessment of intellectual disability. Therefore, IDEAS is better suited to the Indian setting. However, IDEAS presents the following pitfalls such as: The Law on the Rights of Persons with Disabilities, 2014, defines for the first time the meaning of disability and extends it from seven to 21 categories.

Categories include sickle cell disease, thalassemia, muscular dystrophy, autism spectrum disorders, blindness, cerebral palsy, chronic neurological disorders, mental illnesses and multiple disabilities. India signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and ratified it on 1 October 2007. The CRPD proclaims that disability results from an interaction of disabilities with environmental attitudes and barriers that impede full and active participation in society on an equal basis. In addition, the Convention mandates signatories to amend their national legislation, identify and remove obstacles and obstacles, and comply with the provisions of the CRPD. In this context, the Government of India first amended laws such as the Persons with Disabilities Act 1995 (pwD Act 1995). The Rights of Persons with Disabilities Act 2016 (RPWD Act 2016) replaced the Persons with Disabilities Act 1995 to comply with the CRPD. The new law has been refined taking into account the socio-cultural and local needs of society and available resources. People with mental illness (PMI) are often stigmatized and discriminated against, hindering their full and active participation in society. It is a much more serious problem, especially among women, gender minorities, backward communities and poor and migrant populations.

Add to the complexity that PMIs are often unaware of their illness, refuse much-needed treatment, and are often not in a place where they can exercise their rights. There is an urgent need to address this issue of recruitment barriers in order to protect PMI`s rights. Therefore, this article discusses the challenges and opportunities of the RPWD 2016 from PMI`s perspective. (2) On the day on which this Act comes into force, a guardian appointed in accordance with a provision of another Act applicable to a person with a disability is deemed to be a limited guardian. In conclusion, with the ratification of the CRPD in 2007, India has made a number of commitments to address the subject matter of charitable subjects with rights that can claim those rights. However, there are several shortcomings in the 2016 RPWD law that need to be addressed as soon as possible. Although the RPWD Act of 2016 is a rights-based law, the success of the law will largely depend on the proactive measures taken by the respective state governments in its implementation. Disabilities can be physical, cognitive, behavioral or even emotional. This special thematic centre on disability mainly contains references to the physical and sensory forms of disability, as other forms are adequately treated in other thematic centres. All human beings are born free and equal in dignity and rights. Around the world, persons with disabilities are victims of human rights violations, stigma and discrimination.

Having a disability means having a fundamental difficulty in achieving things that others take for granted. Many social factors can influence whether people with disabilities are included or excluded from participation in various activities, which can have an impact on development or appreciation. Disability is therefore not a health problem. It is a complex phenomenon that reflects the interaction between the characteristics of a person`s body and the characteristics of the society in which he lives. Meaning of disability: Disability is a disability that can be cognitive, developmental, intellectual, activity, limitations, sensory or a combination of these. It significantly affects a person`s life activities and can be present from birth or occur during a person`s lifetime. Disability is a controversial concept with different meanings from different communities. It can be used to refer to physical or mental attributes that some institutions, especially medicine, consider to be in need of repair. It can refer to the limits imposed on people by the constraints of a most capable society. People with disabilities have the same health needs as people without disabilities for vaccination, cancer screening, etc.

They may also have a tight margin of health, both because of poverty and social exclusion and because they may be susceptible to secondary conditions such as bedsores or urinary tract infections. From a legal perspective, where alcohol and drug addiction are medical illnesses and can cause disability, people with these illnesses have the right to apply for disability benefits under the RPWD Act, 2016. Social assistance measures may be subordinated to drug treatment or rehabilitation, and social benefits are transferred to a representative beneficiary (usually family members), who is supposed to prevent the PMI (substance user) from spending the money on drugs and managing the expenses of disability pension claimants. There is no doubt that mental illness, including substance use, significantly interferes with the performance of important activities of life such as learning, working, socializing, interaction, communication and participation in others, the problem revolves around how a civilized society can be inclusive and non-discriminatory. [5] Until the 1970s, most people with all types of disabilities were considered outcasts of mainstream society and were degraded. To put it bluntly, although it may seem politically incorrect, every disabled person in Indian society has been treated like dirt. Most of these people were either considered beggars or, at best, associated with the field of music. Even the system saw them as a burden; These people were considered of little use to society and, as a result, their concerns were strongly ignored.

Many people thought about disability as a result of the sins of a previous life and therefore blamed them for their current state.