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    [Solved] The Rights of Persons with Disabilities Act has been enacted

    “Person with Disability” means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hin

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    The Rights of Persons with Disabilities Act has been enacted in the year ___

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    CTET Dec 2018 Paper 2 Social Studies (L - I/II: Hindi/English/Sanskrit)

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    1995 1999 2016 1992

    Answer (Detailed Solution Below)

    Option 3 : 2016

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    “Person with Disability” means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.Key Points

    The Rights of Persons with Disabilities Act has been enacted in 2016. It is an act which:

    ensures equal opportunities for the people who suffer from 40% of disability.

    covers 21 disabilities like blindness, dwarfism, haemophilia, mental illness, etc.

    enhances the reservation quota (3% to 4%) in government jobs for disabled persons.

    focuses on making all public buildings disabled-friendly by providing ramps, slopes, auditory signals, etc.

    Note:'The Rights of Persons with Disabilities Act, 2016' has replaced 'The Person with Disabilities Act, 1995' which used to cover only 7 disabilities in it. 

    The "International Day of Persons with Disabilities" is observed on 3rd December.

    Hence, from the above-mentioned points, it becomes clear that the Rights of Persons with Disabilities Act has been enacted in the year 2016.

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    स्रोत : testbook.com

    Rights of Persons with Disabilities Act, 2016

    Rights of Persons with Disabilities Act, 2016

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    The Rights of Persons with Disabilities Act, 2016

    Parliament of India show

    Long title

    Citation Act No. 49 of 2016

    Territorial extent India

    Enacted by Rajya Sabha

    Passed 14 December 2016

    Enacted by Lok Sabha

    Passed 16 December 2016

    Assented to 27 December 2016

    Commenced 15 June 2017

    Legislative history

    Bill introduced in the Rajya Sabha The Rights of Persons with Disabilities Bill, 2014

    Bill citation Bill No. I of 2014

    Bill published on 7 February 2014

    Introduced by Mallikarjun Kharge

    Committee report Standing Committee Report

    Date passed by conference committee 7 May 2015

    Repeals

    Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 2016

    Status: In force

    The Rights of Persons with Disabilities Act, 2016 is the disability legislation passed by the Indian Parliament to fulfill its obligation to the United Nations Convention on the Rights of Persons with Disabilities, which India ratified in 2007.[1] The Act replaced the existing Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.[2]

    Contents

    1 Legislative history

    2 Case law 3 References 4 External links

    Legislative history[edit]

    The Rights of Persons with Disabilities Bill, 2014 was introduced into the Parliament on 7 February 2014 and passed by the Lok Sabha on 14 December 2016. The Bill was passed by the Rajya Sabha on 16 December 2016 and received the President's assent on 27 December 2016.[3] The Act become operational on 19 April 2017. The Central Government rules 2017 have been notified under Section 100 of the Act and have come into force with effect from 15 June 2017.[4]

    Case law[edit]

    Uttar Pradesh cabinet minister was the first one to be booked under this new legislation[5] when disability activist Satendra Singh (doctor) filed case against him on publicly humiliating a disabled employee.[6] The addition of thalassemia as a new disability under this new law allowed a Chhattisgarh girl with this disorder to get medical admission after Supreme Court's intervention.[7]

    References[edit]

    ^ "THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016" (PDF). . Retrieved 8 January 2019.^ Nair, Shalini (15 December 2016). "Disabilities Bill passed: New conditions, revised quota and a few concerns". . Retrieved 15 December 2017.^ "The Rights of Persons with Disabilities Bill, 2014". PRS Legislative research. Retrieved 15 December 2017.^ Mandhani, Apoorva (16 June 2017). "All Establishments Should Publish Equal Opportunity Policy: Rights Of Persons With Disabilities Rules, 2017 Notified". . Retrieved 15 December 2017.^ "UP Minister Could Become First to Be Tried Under New Disability Law". .^ "Delhi University doctor stands up for UP government employee's rights". .^ "Supreme Court helps girl with thalassaemia join medical course". Hindustan Times.

    External links[edit]

    Text of legislation

    This article about the law of India is a stub. You can help Wikipedia by expanding it.

    vte

    Categories: Acts of the Parliament of India 2016Disability in IndiaDisability lawIndian law stubs

    स्रोत : en.wikipedia.org

    The Rights of Persons with Disabilities Act, 2016: Does it address the needs of the persons with mental illness and their families

    Indian J Psychiatry. 2017 Jan-Mar; 59(1): 17–20.

    doi: 10.4103/psychiatry.IndianJPsychiatry_75_17

    PMCID: PMC5419007 PMID: 28529356

    The Rights of Persons with Disabilities Act, 2016: Does it address the needs of the persons with mental illness and their families

    Choudhary Laxmi Narayan and Thomas John1

    Author information Copyright and License information Disclaimer

    This article has been cited by other articles in PMC.

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    INTRODUCTION

    After India signed and ratified the UNCRPD in 2007, the process of enacting a new legislation in place of the Persons with Disabilities Act, 1995 (PWD Act, 1995) began in 2010 to make it compliant with the UNCRPD. After series of consultation meetings and drafting process, the Rights of PWD Act, 2016 (RPWD Act, 2016) was passed by both the houses of the Parliament. It was notified on December 28, 2016 after receiving the presidential assent.[1] Principles stated to be implemented for empowerment of persons with disabilities (PWD) are respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons. The Act lays stress on nondiscrimination, full and effective participation and inclusion in society, respect for difference and acceptance of disabilities as part of human diversity and humanity, equality of opportunity, accessibility, equality between men and women, respect for the evolving capacities of children with disabilities, and respect for the right of children with disabilities to preserve their identities. The principle reflects a paradigm shift in thinking about disability from a social welfare concern to a human rights issue.

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    THE PERSONS WITH DISABILITIES ACT, 1995

    The PWD (Equal Opportunities, Protection of Rights, and Full Participations) Act, 1995 was enacted to give an effect to the “Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region.”[2] The Proclamation was issued in a meeting of the Economic and Social Commission for Asia and the Pacific Region in December 1992 at Beijing, to launch the “Asian and Pacific Decade of Disabled Persons 1993–2002.” The Act listed seven conditions of disabilities, which were blindness, low vision, leprosy cured, hearing impairment, locomotor disability, mental retardation, and mental illness. Mental retardation was defined as “a condition of arrested or incomplete development of mind of a person which is specially characterized by subnormality of intelligence.” Mental illness was defined simply as “any mental disorder other than mental retardation.” The Act adopted an approach of social welfare in respect of PWD and the main focus was on prevention and early detection of disabilities, education and employment of the PWD. The Act also provided 3% reservation in Government jobs and educational institutions. It stressed on making the barrier-free situations as a measure of nondiscrimination.

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    SALIENT FEATURES OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

    In the RPWD Act, 2016, the list has been expanded from 7 to 21 conditions and it now also includes cerebral palsy, dwarfism, muscular dystrophy, acid attack victims, hard of hearing, speech and language disability, specific learning disabilities, autism spectrum disorders, chronic neurological disorders such as multiple sclerosis and Parkinson's disease, blood disorders such as haemophilia, thalassemia, and sickle cell anaemia, and multiple disabilities. The nomenclature mental retardation is replaced by intellectual disability which is defined as “a condition characterized by significant limitation both in intellectual functioning (reasoning, learning, problem-solving) and in adaptive behavior which covers a range of every day social and practical skills including specific learning disabilities and autism spectrum disorders.” The Act provides an elaborate definition of mental illness which is “a substantial disorder of thinking, mood, perception, orientation, or memory that grossly impairs judgment, behavior, and capacity to recognize reality or ability to meet the ordinary demands of life but does not include retardation which is a condition of arrested or incomplete development of mind of a person, especially characterized by subnormality of intelligence.” Persons with benchmark disabilities are defined as those with at least 40% of any of the above disability. PWD having high support needs are those who are certified as such under section 58(2) of the Act.

    The RPWD Act, 2016 provides that “the appropriate Government shall ensure that the PWD enjoy the right to equality, life with dignity, and respect for his or her own integrity equally with others.” The Government is to take steps to utilize the capacity of the PWD by providing appropriate environment. It is also stipulated in the section 3 that no PWD shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim and no person shall be deprived of his personal liberty only on the ground of disability. Living in the community for PWD is to be ensured and steps are to be taken by the Government to ensure reasonable accommodation for them. Special measures are to be taken to ensure women and children with disabilities enjoy rights equally with others. Measures are to be taken to protect the PWD from being subjected to cruelty, inhuman, and degrading treatments and from all forms of abuse, violence, and exploitation. For conducting any research, free and informed consent from the PWD as well as a prior permission from a Committee for Research on Disability to be constituted in the prescribed manner. Under section 7(2) of the Act, any person or registered organization, who or which has reason to believe that an act of abuse, violence, or exploitation has been, is being or likely to be committed against any PWD, may give information to the local Executive Magistrate who shall take immediate steps to stop or prevent its occurrence and pass appropriate order to protect the PWD. Police officers, who receive a complaint or otherwise come to know of violence, abuse, or exploitation, shall inform the aggrieved PWD of his right to approach the Executive Magistrate. The police officer shall also inform about particulars of nearest organization working for the rehabilitation of the PWD, right to free legal aid, and right to file complaint under the provisions of this Act or any other law dealing with such offence.

    स्रोत : www.ncbi.nlm.nih.gov

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