ACTS AND POLICIES

Law of disability in India

It has been clearly recognised in India that all persons are equal before the law and have the right to live in dignity. This would necessarily mean that the State (Government) should create conditions that would allow disabled persons to live and enjoy the same quality of life as other people.

However this has not been a reality in India as physical and social barriers to disability have not been removed. This stems from apathy, lack of compulsory directives from the government, and a general non-recognition of the fact that disabled persons can contribute as much to society as able persons provided the right conditions are created. Although there are strong legal instruments dealing with the rights of disabled persons which can be enforced, a paradigm shift in the thought processes and value systems of mainstream society will be necessary before these rights can be truly realised.

All the constitutional and legal provisions, as well as government orders pertaining to the domain of visual impairment have been included in this section. Additionally, judgements given by various courts, Chief Commissioner for Persons with Disabilities (CCPD), and National Human Rights Commission (NHRC) are also listed.

Indian legal framework

• The Constitution of India
• The Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995
• The Rehabilitation Council of India Act, 1992
• The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
• The National Trust Rules, 2000
• The National Trust Regulations, 2001

Click to download the "Second Working Draft of the Rights of Persons with Disabilities Act, 2011" (09 February 2011 version) as a PDF file. Click here to download this draft in Hindi. Mail your suggestions/inputs to helpdesk@eyeway.org, and we will forward the same to the people concerned.

Other laws

Indirect provisions in other laws that provide affirmative action for disabled persons

• Central government provisions

• State government provisions
• Judicial interpretations and interventions
• List of frequently asked questions on use of RTI by visually impaired people
  

International legal framework

This part of the section comprehends the outcomes of various international declarations and conventions supporting the rights of disabled people throughout the world.

• International legal framework for disability
• Instruments specifically related to disability