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The Draft Rights of People With Disabilities Bill 2012 September

The Draft Rights of People With Disabilities Bill 2012 September

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Published by Vaishnavi Jayakumar
http://socialjustice.nic.in/pdf/draftpwd12.pdf
----------------------- Page 1-----------------------------

THE DRAFT RIGHTS OF PERSONS



WITH DISABILITIES BILL, 2012



Government of India

Ministry of Social Justice & Empowerment

Department of Disability Affairs

September, 2012


----------------------- Page 2-----------------------

THE RIGHTS OF PERSONS WITH DISABILITIES BILL, 2012



TABLE OF CONTENTS



Title Page



Statement of Objects and Reasons

Preamble



Part I: PRELIMINARY



1 Short Title, Extent and Commencement 1

2 Definitions 1

3 Guiding Principles 7



PART II: RIGHTS AND ENTITLEMENTS



Chapter I: General

4 Equality and Non-discrimination 8

5 Women & Girls with Disabilities 8

6 Children with Disabilities 9

7 Legal Capacity and Equal Recognition before the Law 9

8 Replacement of Plenary Guardianship with Limited Guardianship 10

9 Duty to Provide Support in Exercise of Legal Capacity 11



Chapter 2: Right to Life, Liberty & Justice

10 Right to Life and Personal Liberty 11

11 Right to Live in the Community 12

12 Right to Integrity 12

13 Protection from torture or cruel, inhuman or degrading treatment 12

or punishment

14 Protection from Abuse, Violence and Exploitation 13

15 Protection and Safety of Persons with Disabilities in Situations of 15

Risk

16 Right to Home and Family 16

17 Reproductive Rights of Persons with Disabilities 16

18 Freedom of Speech , etc. 16 



19 Right to Political Participation 17 



20 Access to Justice 17


----------------------- Page 3-----------------------

Title Page



Chapter 3: Education

21 Duty of Educational Institutions to Provide Inclusive Education to 18

Students with Disabilities

22 Duty of Appropriate Governments and Local Authorities, to 19

Promote and Facilitate Inclusive Education

23 Adult Education for Persons with Disabilities 20



Chapter 4: Skill Development & Employment

24 Vocational Training and Self Employment 20

25 Non-discrimination in Employment 21

26 Equal Opportunity Policies 21

27 Employers to Maintain Records & Powers to inspect such 22

Records

28 Redressal of Grievanc
http://socialjustice.nic.in/pdf/draftpwd12.pdf
----------------------- Page 1-----------------------------

THE DRAFT RIGHTS OF PERSONS



WITH DISABILITIES BILL, 2012



Government of India

Ministry of Social Justice & Empowerment

Department of Disability Affairs

September, 2012


----------------------- Page 2-----------------------

THE RIGHTS OF PERSONS WITH DISABILITIES BILL, 2012



TABLE OF CONTENTS



Title Page



Statement of Objects and Reasons

Preamble



Part I: PRELIMINARY



1 Short Title, Extent and Commencement 1

2 Definitions 1

3 Guiding Principles 7



PART II: RIGHTS AND ENTITLEMENTS



Chapter I: General

4 Equality and Non-discrimination 8

5 Women & Girls with Disabilities 8

6 Children with Disabilities 9

7 Legal Capacity and Equal Recognition before the Law 9

8 Replacement of Plenary Guardianship with Limited Guardianship 10

9 Duty to Provide Support in Exercise of Legal Capacity 11



Chapter 2: Right to Life, Liberty & Justice

10 Right to Life and Personal Liberty 11

11 Right to Live in the Community 12

12 Right to Integrity 12

13 Protection from torture or cruel, inhuman or degrading treatment 12

or punishment

14 Protection from Abuse, Violence and Exploitation 13

15 Protection and Safety of Persons with Disabilities in Situations of 15

Risk

16 Right to Home and Family 16

17 Reproductive Rights of Persons with Disabilities 16

18 Freedom of Speech , etc. 16 



19 Right to Political Participation 17 



20 Access to Justice 17


----------------------- Page 3-----------------------

Title Page



Chapter 3: Education

21 Duty of Educational Institutions to Provide Inclusive Education to 18

Students with Disabilities

22 Duty of Appropriate Governments and Local Authorities, to 19

Promote and Facilitate Inclusive Education

23 Adult Education for Persons with Disabilities 20



Chapter 4: Skill Development & Employment

24 Vocational Training and Self Employment 20

25 Non-discrimination in Employment 21

26 Equal Opportunity Policies 21

27 Employers to Maintain Records & Powers to inspect such 22

Records

28 Redressal of Grievanc

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Published by: Vaishnavi Jayakumar on Sep 20, 2012
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01/19/2013

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THE DRAFT RIGHTS OF PERSONSWITH DISABILITIES BILL, 2012
Government of India
Ministry of Social Justice & Empowerment
Department of Disability AffairsSeptember, 2012
 
 
THE RIGHTS OF PERSONS WITH DISABILITIES BILL, 2012TABLE OF CONTENTS
Title PageStatement of Objects and ReasonsPreamblePart I: PRELIMINARY
1
 
Short Title, Extent and Commencement 12
 
Definitions 13
 
Guiding Principles 7
PART II: RIGHTS AND ENTITLEMENTS
 
Chapter I: General
4
 
Equality and Non-discrimination 85
 
Women & Girls with Disabilities 86
 
Children with Disabilities 97
 
Legal Capacity and Equal Recognition before the Law 98
 
Replacement of Plenary Guardianship with Limited Guardianship 109
 
Duty to Provide Support in Exercise of Legal Capacity 11
Chapter 2: Right to Life, Liberty & Justice
 10
 
Right to Life and Personal Liberty 1111
 
Right to Live in the Community 1212
 
Right to Integrity 1213
 
Protection from torture or cruel, inhuman or degrading treatmentor punishment1214
 
Protection from Abuse, Violence and Exploitation 1315
 
Protection and Safety of Persons with Disabilities in Situations of Risk1516
 
Right to Home and Family 1617
 
Reproductive Rights of Persons with Disabilities 1618
 
Freedom of Speech , etc. 16
 
19
 
Right to Political Participation 17
 
20
 
 Access to Justice 17
 
Title PageChapter 3: Education
21
 
Duty of Educational Institutions to Provide Inclusive Education toStudents with Disabilities1822
 
Duty of Appropriate Governments and Local Authorities, toPromote and Facilitate Inclusive Education1923
 
 Adult Education for Persons with Disabilities 20
Chapter 4: Skill Development & Employment
 24
 
Vocational Training and Self Employment 2025
 
Non-discrimination in Employment 2126
 
Equal Opportunity Policies 2127
 
Employers to Maintain Records & Powers to inspect suchRecords2228
 
Redressal of Grievances related to Section 25 22
Chapter 5: Social Security, Health, Rehabilitation & Recreation
 29
 
Social Security 2330
 
Health 2431
 
Insurance for Employees with Disabilities 2532
 
Rehabilitation 2533
 
Research and Development 2634
 
Leisure, Culture and Recreation 2635
 
Participation in Sporting Activities 27
Chapter 6: Special Provisions for Persons with Benchmark Disabilities
36
 
Right of Children with Benchmark Disabilities to Free Educationup to the age of 18 years2837
 
Reservation in Higher Educational Institutions 2838
 
Identification of Posts which can be Reserved for Persons withBenchmark Disabilities2839
 
Reservation of Posts for Persons with Benchmark Disabilities 2940
 
Incentive/Disincentive to Employers in the Private Sector 3041
 
Special Employment Exchanges 3042
 
 Affirmative Action 31
Chapter 7: Special Provisions for Persons with Disabilities with High Support Needs
43
 
Persons with Disabilities with High Support Needs 3144
 
Provision of High Support to Persons Needing It 32

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