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KRISHNA india   30 March 2020

REGARDING DISABLED

dear sir,
i am an disabled person, may i know about the sections of IPC related to disabled people


Learning

 11 Replies

G.L.N. Prasad (Retired employee.)     31 March 2020

The query is vague.  Please search google on the subject as  every law is applicable to every citizen equally and there are no gender/status/religion discrimination and privileges to just one sect of citizens.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 March 2020

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

  1. 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.
  2. Article 15(1) enjoins on the Government not to discriminate against any citizen of India (including disabled) on the ground of religion, race, caste, s*x or place of birth.
  3. Article 15 (2) States that no citizen (including the disabled) shall be subjected to any disability, liability, restriction or condition on any of the above grounds in the matter of their access to shops, public restaurants, hotels and places of public entertainment or in the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of government funds or dedicated to the use of the general public. Women and children and those belonging to any socially and educationally backward classes or the Scheduled Castes & Tribes can be given the benefit of special laws or special provisions made by the State.
  4. 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.
  5. 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.
  6. Every person including the disabled has his life and liberty guaranteed under Article 21 of the Constitution.
  7. 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).
  8. 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.
  9. 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.
  10. No disabled person can be compelled to pay any taxes for the promotion and maintenance of any particular religion or religious group.
  11. No Disabled person will be deprived of the right to the language, scriptt or culture which he has or to which he belongs.
  12. Every disabled person can move the Supreme Court of India to enforce his fundamental rights and the rights to move the Supreme Court is itself guaranteed by Article 32.
  13. No disabled person owning property (like the non-disabled) can be deprived of his property except by authority of law though right to property is not a fundamental right. Any unauthorized deprivation of property can be challenged by suit and for relief by way of damages.
  14. Every disabled person (like the non-disabled) on attainment of 18 years of age becomes eligible for inclusion of his name in the general electoral roll for the territorial constituency to which he belongs.

 

P. Venu (Advocate)     31 March 2020

What are the facts? What is the issue?

1 Like

T. Kalaiselvan, Advocate (Advocate)     01 April 2020

Constitutional Rights of Disabled Persons:

1. Prohibition of Discrimination:
Article 15 is a manifestation of “Right to Equality” under article 14, as it enshrines a specific dimension of the principles of equality relating to discrimination by state or various grounds . Under article 15 the protection extends only to citizens , unlike article 14 which protects ‘ any person’ . Thus in application article 15 protects from discriminatory state activities but the ambit of article 15 is narrower than that of article 14.
Article 15 of the Indian constitution deals with “prohibition of discrimination” on the grounds of religion, race, caste, s*x or place of birth.

T. Kalaiselvan, Advocate (Advocate)     01 April 2020

Equity In Social, Economics And Cultural Rights:
Article 25 of the CRDP recognizes the “right of a person with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity , state parties shall ensure an inclusive education system at all levels and lifelong learning.” They considered constitution to grant education to children with disabilities if they explicitly guarantee the right to education , the right to free education, or the right to compulsory education to children with disabilities or prohibit discrimination in education on the basis if disability. Globally only 28% of the countries provide some type of constitutional guarantee of educational rights or the children with disabilities.

T. Kalaiselvan, Advocate (Advocate)     01 April 2020

3. Right To Work:
Article 27 of the CRDP instructs states to “recognizes the right of persons with disabilities to work, on an equal basis with others; this includes the rights to opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities.

Right To Liberty:
Article 14 of the CRPD instructs state parties to guarantee people with disabilities the right to liberty and security of person. We considered the right to liberty to be guaranteed to persons with disabilities if they were explicitly granted the right to freedom or liberty. Globally, only 9% of the constitution explicitly guarantee the right to liberty to persons with disabilities. However 19% of the constitution specifies that the right to liberty can be denied to persons with the

T. Kalaiselvan, Advocate (Advocate)     01 April 2020

Right To Freedom of Expression:
In article 21, the CRPD states that to “take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion include the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communications of their choice.”

Rights of Disabled Persons In India:
Persons with disabilities are one of the most neglected sections of our nation. This is due to the sheer indifference of the society which subjects such people to disapproval and antipathy. Such people have several rights under various Indian laws as well as UN conventions that are followed in India. Under section 2(i) of Persons with Disabilities Act, 1995,"disability" includes blindness, low vision, leprosy cured, hearing impairment, locomotor disability, mental retardation and mental illness.

T. Kalaiselvan, Advocate (Advocate)     01 April 2020

Disability Certificate: It is the most basic document that a disabled person should possess in order to avail certain benefits and concessions. The State Medical Boards established under the State governments can issue a disability certificate to any person with more than 40% disability.

Disability Pension: People who are above 18 years of age, suffering with more than 80% disability and are living below the poverty line are entitled to the disability pension under the Indira Gandhi National Disability Pension Scheme. Various NGOs are dedicated to this because i.e. they help such persons with disabilities to get their disability pension.
Employment: In government jobs, 3% of the seats are reserved for persons with disabilities.

T. Kalaiselvan, Advocate (Advocate)     01 April 2020

Income Tax Concession: Under sections 80DD and 80U of Income Tax Act, 1961, persons with disabilities are also entitled to certain income tax concessions.

T. Kalaiselvan, Advocate (Advocate)     01 April 2020

Person With Disabilities Act 1995

The Persons with Disabilities Act , 1995 had come into enforcement on Feb 7, 1996. It is a significant step which ensures equal opportunities for the people with disabilities and their full participation in the nation building . The Act provides for both the preventive and promotional aspects of rehabilitation like education , employment and vocational training, reservation , research and manpower development and rehabilitation of persons with disability , unemployment allowance for the disabled persons.

G.L.N. Prasad (Retired employee.)     01 April 2020

This is the original query:  ", may i know about the sections of IPC related to disabled people  "

The replies are leading to the constitution and other fundamental rights not connected to IPC and not to the point.


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