NAME: SHRUTI JHA

PROGRAM: S.Y.B.COM
DIV: A
ROLL NO. 079
TOPIC: VIOLATION OF HUMAN RIGHTS OF
DISABLED PERSON
 INTRODUCTION :
 Human rights cover virtually every area of human activity.They include civil and political
rights, which refer to a person’s rights to take part in the civil and political life of their
community without discrimination or oppression. These include rights and freedoms such as
the right to vote, the right to privacy, freedom of speech and freedom from torture.
 The Constitution of India applies uniformly to every legal citizen of India, whether they are
healthy or disabled in any way (physically or mentally).
 Human rights of disabled person is concerned with RPWD(Rights of persons with disability
Act). The preamble of this act clearly states that it aims to uphold the dignity of every Person
with Disability in the society and prevent any form of discrimination. The act also facilitates
full acceptance of people with disability and ensures full participation and inclusion of such
persons in the society. 
 SIGNIFICANCE:

 The RPWD Act 2016 also provides for creating institutional infrastructure to support
the needs of persons with disabilities. Setting up of Special Courts in each district has
been mandated. These courts will handle the cases related to the violation of rights of
disabled people. In addition, State Governments will setup district-level committees and
a separate State Fund for the welfare of PwDs. Similarly, a national level fund will also
be set up.
 For children with disabilities aged between 6 and 18 years; education will be free. In an
attempt to eliminate discrimination, punishment by imprisonment has been mandated
for those who intentionally insults or intimidates with intent to humiliate a person with
a disability in any place within public view.
 OBJECTIVES :

The Act was a result of India being a signatory of UNCRP and later ratifying it. The
main objective behind the Act is to empower persons with disabilities by
safeguarding their dignity, freedom to make their own choices, independence and
their position in the society. The society tends to alienate the people who have
certain disabilities which lead to discrimination and exclusion from the society.
With the help of this act, the gap between the society and persons with disabilities
can be reduced. The Act aims to achieve equality between persons with disabilities
and others, participation of persons with disabilities in any arena, preserving the
rights of women and children with disabilities and ensure their human rights.
 RIGHTS:
 Responsibility has been cast upon the appropriate governments to take effective measures to ensure that the
persons with disabilities enjoy their rights equally with others.
 Additional benefits such as reservation in higher education (not less than 5%), government jobs (not less than
4 %), reservation in allocation of land, poverty alleviation schemes (5% allotment) etc. have been provided
for persons with benchmark disabilities and those with high support needs.
 Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free
education.
 Government funded educational institutions as well as the government recognized institutions will have to
provide inclusive education to the children with disabilities.
 For strengthening the Prime Minister's Accessible India Campaign, stress has been given to ensure
accessibility in public buildings (both Government and private) in a prescribed time-frame.
 Violation of human rights:
If a person fails to comply with theAct, the person can be fined up to INR 10,000 for the first time, and
between INR 50,000 and INR five lakhs for subsequent failures.
If a company fails to comply, both the company and an individual can be held responsible. Directors,
officers and managers of a company will be individually liable if it is established that the offence was
committed with their consent, or is attributable to their negligence. In contrast, similar statutes in
other jurisdictions adopt a persuasive approach rather than a punitive one (e.g. the UK Equality Act,
2010 and the Japan Basic Law for persons with disabilities).
Failure by an organisation to provide required information, documents or records is an offence. The
organisation can be fined INR 25,000 for each offence with an additional fine of INR 1,000 for each
day of continuing failure or refusal.
A person commmits an offence under the new Act if the person insults or intimidates a disabled
person, within public view, with the intention of humiliating the person. This applies to actions within
a workplace. This is punishable by imprisonment for between six months and five years and a fine.
OBSERVATIONS :

RPWD Act 2016 addresses some of the long standing demands of the
Indian persons with disabilities. Inclusion of more conditions in
disability list, free education for disabled children, framework for
supporting institutional and social infrastructure, making accessible
environment  and provisions of punishment for violation of RPWD Act
are very important. According to us, however, the Act is still inadequate
in addressing problems of disabled people. Although we
consider RPWD Act 2016 as a good beginning the real benefit of the
Act would be possible only if this Act could be implemented in its word
and spirit.
 CONCLUSION :
It would have been better if the specific aspects concerning the persons living with mental
illness, such as the matter of their protection from abuse, violence and exploitation, and
guardianship, was covered by suitable and comprehensive provisions in the MHCB, 2016
leaving only general provisions to be covered by this Act. However, due to reasons unknown,
it was not done. Intellectual Disability Autism and Multiple Disabilities which were well
covered earlier by National Trust Act of 1999 will face similar situation like people with
Mental Illness by this Act. It is pertinent to note that Indian Psychiatric Society, the largest
professional association of psychiatrists in India with more than 90% of qualified
psychiatrists in its fold, was not involved as a stakeholder during the process of drafting of
the RPWD Act, 2016 though it made its representation on its own initiative at various stages.
Therefore, their advice must be given due importance while drafting any legislation in this
field. Practical difficulties anticipated to occur in the treatment and care of the PMI and in the
delivery of mental health services have been discussed here.
Bibliography/references:

Investopedia
Wikipedia
vikaspedia