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LEGAL ISSUES FACED BY WOMEN AND CHILDREN WITH DISABILITIES LEGAL ISSUES FACED BY WOMEN AND CHILDREN WITH DISABILITIES

LEGAL ISSUES FACED BY WOMEN AND CHILDREN WITH DISABILITIES - PowerPoint Presentation

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LEGAL ISSUES FACED BY WOMEN AND CHILDREN WITH DISABILITIES - PPT Presentation

Deekshitha Ganesan Research Associate Centre for Law and Policy Research RIGHTS OF PERSONS WITH DISABILITIES UNDER THE INDIAN CONSTITUTION Fundamental Rights a Supreme Court has recognised rights of persons with disabilities under Articles 14 right to equality and 21 right to life ID: 931222

section disabilities children women disabilities section women children persons legal sexual disability violence act provide government rights schemes child

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Slide1

LEGAL ISSUES FACED BY WOMEN AND CHILDREN WITH DISABILITIES

Deekshitha Ganesan

Research Associate

Centre for Law and Policy Research

Slide2

RIGHTS OF PERSONS WITH DISABILITIES UNDER THE INDIAN CONSTITUTION

Fundamental

Rights

(a) Supreme Court has recognised rights of persons with disabilities under Articles 14 (right to equality) and 21 (right to life)

(b)

Article 15(3) – Enact special measures in favour of women and children

Directive Principles of State Policy

(a) Article 39A – State shall secure the operation of the legal system on the basis of equal opportunity and shall provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities

(b) Article 41 – State shall make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.

Slide3

Women and children with disabilities ARE more vulnerable

Women and children with disabilities are in a unique position of disadvantage

HRW – study on women with psycho-social disability

“…where

women and girls with psychosocial or intellectual disabilities experience

overcrowding

and

lack of hygiene, inadequate access to general healthcare, forced

treatment

– including

electroconvulsive

therapy – as well as physical, verbal, and sexual

violence

.

Rights of Persons with Disabilities Act, 2016 – provide a limited gender component. For

eg

. sexual and reproductive rights of women have been recognised but no clear guidelines on how they may be realised

.

Violence

against women

Sexual violence – Greater risk of sexual violence; violence against

minor girls

with disabilities in shelter homes in many states

Domestic violence – Protection of Women from Domestic Violence Act, 2005

Forced

marriages

Slide4

General LEGAL ISSUES –

WOMEN WITH DISABILITIES

Women and children with disabilities can enjoy rights equally with others – Section 4

Basic schemes under the Act which apply to women and children:

(a) Disability Certificate – can be obtained from the nearest Government hospital or

other

notified medical

authority

(b) Disability identity card – online application process

Employment

Vocational training and self-employment – Section 19

Reservations in public employment – Section 34

Incentives to private employers – Section 35

While specific reservations are provided for various categories of persons with disabilities, no such special reservations provided for women with disabilities – women with disabilities faced unequal hiring standards, unequal pay, lack of access to training

Rebate on interest on micro-credit from National Handicapped Finance and Development Corporation

Access

Judicial institutions – For

eg

. women with visual impairment face physical barriers and barriers in terms of consuming information and interpreting signs particularly as women with disability are at risk of sexual violence

Public toilets – For

eg

. not suitable for women with locomotor

disability

Slide5

Specific LEGAL ISSUES – WOMEN WITH DISABILITIES

Schemes in favour of persons with benchmark disabilities

– Section 37

5% reservation in

allotment of agricultural land, housing schemes,

poverty alleviation and development schemes with priority to women with

disabilities

Sexual

and Reproductive Rights

State to take necessary measures to provide access to sexual and reproductive healthcare for women with disability - Section

25

Women with disabilities are at the risk of undergoing forced medical procedures without informed consent

2016 Act recognises legal capacity of persons with disabilities (Section 13) and specifically talks about (

i

) ensuring that persons with disabilities have access to appropriate information on reproductive and family planning (ii) no persons with disability will be subject to medical procedures which leads to infertility without informed consent (Section 10)

Medical Termination of Pregnancy Act, 1971

Consent of woman paramount for abortion, except where suffers from mental illness

Mental illness v. Mental Retardation

Mental Retardation – condition of arrested or incomplete development of mind of a person which is specially characterised by sub-normality of intelligence (Section 2(g) of National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999)

Slide6

Legal issues – children with disabilities

Section 4 – All children with disabilities shall have the right to freely express their views on matters affecting them

Section 9 – No child with disability shall be separated from his or her parents on the ground of disability except on the order of a court and in the best interests of the child

Where parents are unable to take care of the child, the Court may place such child with near relations, within the community in a family setting and in exceptional cases, in Government or NGO run shelter homes

Special Schemes / Provisions

Section 24 - Government shall formulate schemes to enable persons with disabilities to live independently or in the community. For

eg

. facilities for children with disabilities who have no family or have been abandoned or are without shelter and livelihood

Section 25 - Appropriate government to provide free health care, barrier free access and shall screen all children with disabilities at least once in a year to identify at risk cases

Slide7

Legal issues – children with disability

Education

Section 31 – Every child with benchmark disabilities between 6-18 years shall have the right to free legal education

Section 16 – All Government and Government aided educational institutions shall provide inclusive education

Admit without discrimination

Accessible facilities

Reasonable accommodation of individual’s needs

Provide transportation facilities

Detect learning disabilities

Section 17 – Obligation of Government to provide training to teaching staff, provide books, learning materials and assisted devices free of cost until 18 years and scholarships to students with benchmark disabilities

Section 32 – Reservations in higher education of 5%

Section 42 – Make available all audio, print and electronic content in accessible format for persons with disabilities (CLPR is in the process of filing a PIL to enforce this provision)

Slide8

Legal issues – children with disabilities

Juvenile Justice Act, 2016

Section 2(14) – Mentally ill, mentally/physically challenged children and children suffering from a terminal or incurable disease covered under definition of “child in need of care and protection”

Section 3 – No discrimination against children on the basis of disability in the implementation of the provisions of the statute, For

eg

. on rehabilitation and adoption of children with disabilities

Legal

capacity and

Guardianship

For children with psycho-social disabilities, after they attain the age of majority, parents may take formal legal guardianship of their children

Section 14 – Provision for guardianship of persons with disabilities who are unable to take legally binding decisions

Sexual

violence

– Sexual offences against children with disabilities are punishable under the Protection of Children from Sexual Offences Act, 2012 – “aggravated sexual assault” punishable with imprisonment of not less than less 10 years up to life and fine (Section 5, 6)

Slide9

THANK you