3. Equality and nondiscrimination. - (1) The appropriate Government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others.
(2) The appropriate
Government shall take steps to utilize the capacity of persons with
disabilities by providing appropriate environment.
(3) No person with
disability 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.
(4) No person shall
be deprived of his or her personal liberty only on the ground of disability.
(5) The appropriate
Government shall take necessary steps to ensure reasonable accommodation for
persons with disabilities.
4. Women and
children with disabilities. - (1) The appropriate Government and the local authorities shall
take measures to ensure that the women and children with disabilities enjoy
their rights equally with others.
(2) The appropriate
Government and local authorities shall ensure that all children with
disabilities shall have right on an equal basis to freely express their views
on all matters affecting them and provide them appropriate support keeping in
view their age and disability.".
5. Community life. - (1) The persons with disabilities
shall have the right to live in the community.
(2) The appropriate
Government shall endeavor that the persons with disabilities are,-
(a) not obliged to live in any particular living
arrangement; and
(b) given access to a range of in-house, residential and
other community support services, including personal assistance necessary to
support living with due regard to age and gender.
6. Protection from
cruelty and inhuman treatment. - (1) The appropriate Government shall take measures to
protect persons with disabilities from being subjected to torture, cruel,
inhuman or degrading treatment.
(2) No person with
disability shall be a subject of any research without,-
(i) his or her free and informed consent obtained through
accessible modes, means and formats of communication; and
(ii) prior permission of a Committee for Research on
Disability constituted in the prescribed manner for the purpose by the
appropriate Government in which not less than half of the Members shall
themselves be either persons with disabilities or Members of the registered
organization as defined under clause (z) of section 2.
7. Protection from
abuse, violence and exploitation. - (1) The appropriate Government shall take measures to
protect persons with disabilities from all forms of abuse, violence and
exploitation and to prevent the same, shall-
(a) take cognizance of incidents of abuse, violence and
exploitation and provide legal remedies available against such incidents;
(b) take steps for avoiding such incidents and prescribe the
procedure for its reporting;
(c) take steps to rescue, protect and rehabilitate victims
of such incidents; and
(d) create awareness and make available information among
the public.
(2) Any person or
registered organization who or which has reason to believe that an act of
abuse, violence or exploitation has been, or is being, or is likely to be
committed against any person with disability, may give information about it to
the Executive Magistrate within the local limits of whose jurisdiction such
incidents occur.
(3) The Executive
Magistrate on receipt of such information, shall take immediate steps to stop
or prevent its occurrence, as the case may be, or pass such order as he deems
fit for the protection of such person with disability including an order-
(a) to rescue the victim of such act, authorizing the police
or any organization working for persons with disabilities to provide for the
safe custody or rehabilitation of such person, or both, as the case may be;
(b) for providing protective custody to the person with
disability, if such person so desires;
(c) to provide maintenance to such person with disability.
(4) Any police
officer who receives a complaint or otherwise comes to know of abuse, violence
or exploitation towards any person with disability shall inform the aggrieved
person of-
(a) his or her right to apply for protection under
sub-section (2) and the particulars of the Executive Magistrate having
jurisdiction to provide assistance;
(b) the particulars of the nearest organization or
institution working for the rehabilitation of persons with disabilities;
(c) the right to free legal aid; and
(d) the right to file a complaint under the provisions of
this Act or any other law dealing with such offence:
Provided that
nothing in this section shall be construed in any manner as to relieve the
police officer from his duty to proceed in accordance with law upon receipt of
information as to the commission of a cognizable offence.
(5) If the
Executive Magistrate finds that the alleged act or behaviour constitutes an
offence under the Indian Penal Code, or under any other law for the time being
in force, he may forward the complaint to that effect to the Judicial or
Metropolitan Magistrate, as the case may be, having jurisdiction in the matter.
8. Protection and
safety. - (1) The
persons with disabilities shall have equal protection and safety in situations
of risk, armed conflict, humanitarian emergencies and natural disasters.
(2) The National
Disaster Management Authority and the State Disaster Management Authority shall
take appropriate measures to ensure inclusion of persons with disabilities in
its disaster management activities as defined under clause (e) of section 2 of
the Disaster Management Act, 2005 for the safety and protection of persons with
disabilities.
(3) The District
Disaster Management Authority constituted under section 25 of the Disaster
Management Act, 2005 shall maintain record of details of persons with
disabilities in the district and take suitable measures to inform such persons
of any situations of risk so as to enhance disaster preparedness.
(4) The authorities
engaged in reconstruction activities subsequent to any situation of risk, armed
conflict or natural disasters shall undertake such activities, in consultation
with the concerned State Commissioner, in accordance with the accessibility
requirements of persons with disabilities.
9. Home and family. - (1) No child with disability shall
be separated from his or her parents on the ground of disability except on an
order of competent court, if required, in the best interest of the child.
(2) Where the
parents are unable to take care of a child with disability, the competent court
shall place such child with his or her near relations, and failing that within
the community in a family setting or in exceptional cases in shelter home run
by the appropriate Government or non-governmental organization, as may be
required.
10. Reproductive
rights. - (1) The
appropriate Government shall ensure that persons with disabilities have access
to appropriate information regarding reproductive and family planning.
(2) No person with
disability shall be subject to any medical procedure which leads to infertility
without his or her free and informed consent.
11. Accessibility
in voting. - The
Election Commission of India and the State Election Commissions shall ensure
that all polling stations are accessible to persons with disabilities and all
materials related to the electoral process are easily understandable by and
accessible to them.
12. Access to
justice. - (1) The
appropriate Government shall ensure that persons with disabilities are able to
exercise the right to access any court, tribunal, authority, commission or any
other body having judicial or quasi-judicial or investigative powers without
discrimination on the basis of disability.
(2) The appropriate
Government shall take steps to put in place suitable support measures for
persons with disabilities specially those living outside family and those
disabled requiring high support for exercising legal rights.
(3) The National
Legal Services Authority and the State Legal Services Authorities constituted
under the Legal Services Authorities Act, 1987 shall make provisions including
reasonable accommodation to ensure that persons with disabilities have access
to any scheme, programme, facility or service offered by them equally with
others.
(4) The appropriate
Government shall take steps to-
(a) ensure that all their public documents are in accessible
formats;
(b) ensure that the filing departments, registry or any
other office of records are supplied with necessary equipment to enable filing,
storing and referring to the documents and evidence in accessible formats; and
(c) make available all necessary facilities and equipment to
facilitate recording of testimonies, arguments or opinion given by persons with
disabilities in their preferred language and means of communication.
13. Legal capacity. - (1) The appropriate Government
shall ensure that the persons with disabilities have right, equally with
others, to own or inherit property, movable or immovable, control their
financial affairs and have access to bank loans, mortgages and other forms of
financial credit.
(2) The appropriate
Government shall ensure that the persons with disabilities enjoy legal capacity
on an equal basis with others in all aspects of life and have the right to
equal recognition everywhere as any other person before the law.
(3) When a conflict
of interest arises between a person providing support and a person with
disability in a particular financial, property or other economic transaction,
then such supporting person shall abstain from providing support to the person
with disability in that transaction:
Provided that there
shall not be a presumption of conflict of interest just on the basis that the
supporting person is related to the person with disability by blood, affinity
or adoption.
(4) A person with
disability may alter, modify or dismantle any support arrangement and seek the
support of another:
Provided that such
alteration, modification or dismantling shall be prospective in nature and
shall not nullify any third party transaction entered into by the person with
disability with the aforesaid support arrangement.
(5) Any person
providing support to the person with disability shall not exercise undue
influence and shall respect his or her autonomy, dignity and privacy.
14. Provision for
guardianship. - (1)
Notwithstanding anything contained in any other law for the time being in
force, on and from the date of commencement of this Act, where a district court
or any designated authority, as notified by the State Government, finds that a
person with disability, who had been provided adequate and appropriate support
but is unable to take legally binding decisions, may be provided further
support of a limited guardian to take legally binding decisions on his behalf
in consultation with such person, in such manner, as may be prescribed by the
State Government:
Provided that the
District Court or the designated authority, as the case may be, may grant total
support to the person with disability requiring such support or where the
limited guardianship is to be granted repeatedly, in which case, the decision
regarding the support to be provided shall be reviewed by the Court or the
designated authority, as the case may be, to determine the nature and manner of
support to be provided.
Explanation. - For the
purposes of this sub-section, "limited guardianship" means a system
of joint decision which operates on mutual understanding and trust between the
guardian and the person with disability, which shall be limited to a specific
period and for specific decision and situation and shall operate in accordance
to the will of the person with disability.
(2) On and from the
date of commencement of this Act, every guardian appointed under any provision
of any other law for the time being in force, for a person with disability
shall be deemed to function as a limited guardian.
(3) Any person with
disability aggrieved by the decision of the designated authority appointing a
legal guardian may prefer an appeal to such appellate authority, as may be
notified by the State Government for the purpose.
15. Designation of
authorities to support. - (1) The appropriate Government shall designate one or more
authorities to mobilise the community and create social awareness to support
persons with disabilities in exercise of their legal capacity.
(2) The authority
designated under sub-section (1) shall take measures for setting up suitable
support arrangements to exercise legal capacity by persons with disabilities
living in institutions and those with high support needs and any other measures
as may be required.
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