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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