ACT OF DISABILITY VIS VIS CONSTITUTION OF INDIA; STUDY

Law

This research paper mainly focus on the rights of the disabled people, their legal aspects, types of disability recognized in India, and the steps taken by variousc countries for the upliftment of disabled people. People with disability are generally excluded from the society and are denied various human rights. There are various forms of discrimination against people with disability ranging from invidious discrimination to more subtle form of discrimination which nullifies theenjoyment or exercise of rights of person with disability. Firstly, the paper dealswith different provisions and laws where disabled people are acknowledged inIndia such as Constitution of India, education laws, Health Laws, Family Laws,Succession laws, Labor Laws, Judicial Procedures, Income Tax Laws etc,. Thepaper will also discuss about various acts which were formulated for recognizingthe right of disabled people such as The Person with Disabilities Act, 1995, TheMental Health Act, 1987, The Rehabilitation Council of India, 1992, The NationalTrust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, andMultiple Disabilities Act, 1999, Declaration on the Rights of Mentally RetardedPersons. Furthermore, the paper deals with treaties and accords, signed by thecountries and the laws governing those countries regarding rights of disabledpeople. (The Core United Nation Human Right Convention, International Covenanton Civil and Political Rights, Convention on the elimination of all forms of racialdiscrimination, Marrakesh Treaty). This paper compares the laws of different countries with India. In the end, the paper will be concluded by givingsuggestions from the authors and their viewpoint on the topic.

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