Disability Laws in India
Keeping in mind the different situations faced by the disabled persons, it is important that their rights need to be understood and studied from various perspectives including human rights and laws in India. This will help mitigate the gap between the 'abled' and the 'differently-abled' persons in their attainment of persona and dignity in true sense of the term. Through this edited book, an endeavour was made to understand various socio-legal aspects of disability and the laws in existence in India and abroad in order to make a systematic study on how these laws have contributed towards the development of legal status of the disabled persons. The disability rights debate is not only about the enjoyment of specific rights but also about ensuring the equal and effective enjoyment of all human rights, without discrimination by people with disabilities. The non-discrimination principle helps to make human rights in general relevant in the specific context of disability, just as it does in the context of age, sex and children. Non-discrimination of the equal and effective enjoyment of all human rights by people with disabilities is therefore the dominant theme of the long overdue reform in the way of disability and how the disabled are viewed throughout the world. The primary responsibility for ensuring respect for the rights of persons with disabilities rests with the government. Indian State has taken various steps to provide equal opportunities to persons with disabilities by enacting several Acts and implementing various policies and schemes for the empowerment of persons with disabilities. Despite the constitutional mandate of equality for all, disabled people are always at the receiving end and face marginalisation in the society. Such marginalisation can be termed as social disability. Sometimes, marginalised groups are viewed with hostility and fear. This book analyses the rights of the disabled people from the perspectives of equality and human rights. It argues that due to various disabilities these people are discriminated against and that, like any other citizen of the country, they have an equal share in its resources. Although the government over the years has made efforts to improve the lives of disabled people, much of it remained only symbolic in nature. The book would serve as a valuable resource, particularly for advocates, academics, activists, students and others working in the field of law, disability and sociology.
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Faizanur Rahman