AMITY UNIVERSITY

LUCKNOW CAMPUS

AMITY LAW SCHOOL

TOPIC: LAW POVERTY & DEVELOPMENT

SUBMITTED TO: SUBMITTED BY:

Dr Shashya Mishra Dikshika Tripathi

Amity Law School A8156120014

LLB

Semester- III

Batch 2020- 2023

Amity Law School

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RIGHTS OF DISABLED PERSONS W.R.T INTERNATIONAL
CONVENTIONS AND INDIAN LAWS

I. Legal Rights of the Disabled in India

The laws and legal provisions protecting the rights of disabled persons in India can be
covered in the following categories:

 Constitution
 Education Laws
 Health Laws
 Family Laws
 Succession laws
 Labour Laws
 Judicial Procedures

THE DISABLED AND THE INDIAN CONSTITUTION

Under the Constitution the disabled have been guaranteed the following fundamental rights:

 The Constitution secures to the citizens including the disabled, a right of justice,
liberty of thought, expression, belief, faith and worship, equality of status and of
opportunity and for the promotion of fraternity.
 Article 15(1) enjoins on the Government not to discriminate against any citizen of
India (including disabled) on the ground of religion, race, caste, sex or place of birth.
 There shall be equality of opportunity for all citizens (including the disabled) in
matters relating to employment or appointment to any office under the State.
 No person including the disabled irrespective of his belonging can be treated as an
untouchable. It would be an offence punishable in accordance with law as provided by
Article 17 of the Constitution.
 Every person including the disabled has his life and liberty guaranteed under Article
21 of the Constitution.

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  There can be no traffic in human beings (including the disabled), and beggar and
other forms of forced labour is prohibited and the same is made punishable in
accordance with law (Article 23).
 Article 24 prohibits employment of children (including the disabled) below the age of
14 years to work in any factory or mine or to be engaged in any other hazardous
employment. Even a private contractor acting for the Government cannot engage
children below 14 years of age in such employment.
 Article 25 guarantees to every citizen (including the disabled) the right to freedom of
religion. Every disabled person (like the non-disabled) has the freedom of conscience
to practice and propagate his religion subject to proper order, morality and health.

EDUCATIONAL RIGHTS OF THE DISABLED:

 The right to education is available to all citizens including the disabled. Article 29(2)
of the Constitution provides that no citizen shall be denied admission into any
educational institution maintained by the State or receiving aid out of State funds on
the ground of religion, race, caste or language.
 Article 45 of the Constitution directs the State to provide free and compulsory
education for all children (including the disabled) until they attain the age of 14 years.

HEALTHCARE PROVISIONS & LAWS FOR DISABLED PERSONS:

 Article 47 of the constitution imposes on the Government a primary duty to raise the
level of nutrition and standard of living of its people and make improvements in
public health - particularly to bring about prohibition of the consumption of
intoxicating drinks and drugs which are injurious to one’s health except for medicinal
purposes.
 The health laws of India have many provisions for the disabled. Some of the Acts
which make provision for health of the citizens including the disabled may be seen in
the Mental Health Act, 1987.

FAMILY LAWS FOR THE DISABLED IN INDIA:

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Various laws relating to the marriage enacted by the Government for DIFFERENT
communities apply equally to the disabled. In most of these Acts it has been provided that the
following circumstances will disable a person from undertaking a marriage. These are:

 Where either party is an idiot or lunatic,

 Where one party is unable to give a valid consent due to unsoundness of mind or is
suffering from a mental disorder of such a kind and extent as to be unfit for ‘marriage
for procreation of children’
 Where the parties are within the degree of prohibited relationship or are sapindas of
each other unless permitted by custom or usage.
 Where either party has a living spouse

The rights and duties of the parties to a marriage whether in respect of disabled or non-
disabled persons are governed by the specific provisions contained in different marriage Acts.

SUCCESSION LAWS FOR THE DISABLED:

Under the Hindu Succession Act, 1956 which applies to Hindus it has been specifically
provided that physical disability or physical deformity would not disentitle a person from
inheriting ancestral property. Similarly, in the Indian Succession Act, 1925 which applies in
the case of intestate and testamentary succession, there is no provision which deprives the
disabled from inheriting an ancestral property. The position with regard to Parsis and the
Muslims is the same.
LABOUR LAWS FOR THE DISABLED:
The rights of the disabled have not been spelt out so well in the labour legislations but
provisions which cater to the disabled in their relationship with the employer are contained in
delegated legislations such as rules, regulations and standing orders.

JUDICIAL PROCEDURES FOR THE DISABLED

Under the Designs Act, 1911 which deals with the law relating to the protection of designs
any person having jurisdiction in respect of the property of a disabled person (who is
incapable of making any statement or doing anything required to be done under this Act) may
be appointed by the Court under Section 74, to make such statement or do such thing in the
name and on behalf of the person subject to the disability. The disability may be lunacy or
other disability.

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CRPC: 
The Code of Criminal Procedure, 1973 aims to relieve the disabled from excessive duties;
they enjoy the right to demand the presence of a judicial magistrate who ensures that a person
with a disability is comfortable during the modus operandi.

EMPLOYMENT:
3% of vacancies in government employment shall be reserved for people with disabilities, 1%
each for the persons suffering from:

 Blindness or Low Vision

 Hearing Impairment
 Locomotor Disabilities & Cerebral Palsy
 Suitable Scheme shall be formulated for
 The training and welfare of persons with disabilities
 The relaxation of upper age limit
 Regulating the employment
 Health and Safety measures and creation of a non- handicapping, environment in
places where persons with disabilities are employed

RIGHTS OF PERSONS WITH DISABILITY ACT,2016: 

 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. 

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  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. 

UN DECLARATION FOR THE RIGHTS OF MENTALLY RETARDED PERSONS:

 The mentally retarded person has, to the maximum degree of feasibility, the same
rights as under human beings.
 The mentally retarded person has a right to proper medical care, physical therapy and
to such education, training, rehabilitation and guidance which will enable him to
further develop his ability and reach maximum potential in life.
 The mentally retarded person has a right of economic security and of a decent
standard of living. He/she has a right to perform productive work or to participate in
any other meaningful occupation to the fullest possible extent of capabilities.
 Whenever possible, the mentally retarded person should live with his own family or
with his foster parents and participate in different forms of community life. The
family with which he lives should receive assistance. If an institutional care becomes
necessary then it should be provided in surroundings and circumstances as much
closer as possible to that of a normal lifestyle.
 The mentally retarded person has a right to a qualified guardian when this is required
in order to protect his personal well-being or interests.
 The mentally retarded person has a right to get protection from exploitation, abuse
and a degrading treatment. If prosecuted for any offence; he shall have right to the due
process of law, with full recognition being given to his degree of mental
responsibility.
 Whenever mentally retarded persons are unable (because of the severity of their
handicap) to exercise their rights in a meaningful way or it should become necessary
to restrict or deny some or all of their rights then the procedure(s) used for that
restriction or denial of rights must contain proper legal safeguards against every form
of abuse. This procedure for the mentally retarded must be based on an evaluation of

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their social capability by qualified experts and must be subject to periodic review and
a right of appeal to the higher authorities.