Archive for July, 2011

Please read this from http://araballla.wordpress.com/2011/07/03/greece-imf-and-europe/     .


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650 million people, roughly 10 per cent of the world’s population, live with a disability, according to the United Nations. In India alone, there are roughly 100 million people with disabilities, which is almost 1/6th of population of disabled people in the world.

                                                                     UNCRPD* is an international instrument that provides persons with disabilities the same human rights that everyone else enjoys. It marks a radical shift in defining and understanding disability – it moves from a medical/social perspective to a human-rights based approach. India signed UNCRPD on the first day that it was opened for signature (30th March, 2007), but did not ratify.Later India ratified UNCRPD on the 1st of October, 2007. India was the 7th country in the world and the first significant country to do so. The ratification of UNCRPD was a direct result of the advocacy by NCPEDP** and Disabled Rights Group (DRG). The UNCRPD has increased the gamut of rights, so the rights recognised in the Convention have already become available to persons with disabilities and can be enforced in the Indian Courts. Persons with disabilities should take up issues of violation on the basis of UNCRPD and file cases in the various Courts of India.

The Committee on the Rights of Persons with Disabilities  is the UNHR*** body of independent experts which monitors implementation of the Convention by the States Parties. All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially within two years of accepting the Convention and thereafter every four years.  India  is about to  place its first report,after a delay of more then one year. According to the report ,a new dedicated legislation to implement the CRPD is under preparation(proposed Person with Disabilities Act,2011),and meanwhile  the existing  Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and other relevant laws are the vehicle of implementation of CRPD.

There are four Laws pertaining to disabilities in India:

  • The Mental Health Act, 1987
  • The Rehabilitation Council of India Act, 1992
  • The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
  • The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

Apart from these laws, India also has the National Policy for Persons with Disabilities which was adopted in 2006.

Report also says that Central and State coordination committees have been established ,with central committee headed by Union minister of Social Justice and Empowerment  and also having five persons, differently abled  persons to represent the NGO which are concerned with disabilities. This committee is envisaged to “serve as the national focal point on disability matters,and is required to facilitate the continuous evolution of a comprehensive policy towards solving the problems”.Thus the country report only gives the legislative reform process under way in india.

*-The U.N. Convention on the Rights of Persons with Disabilities .

 **National Centre for Promotion of Employment for Disabled People.

***-United Nations Human Rights .

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