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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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Save as otherwise provided under this Act, no person shall establish or maintain
any institution for persons with disabilities except in accordance with a certificate of
registration issued in this behalf by the competent authority;

Provided that a person maintaining an institution for persons with disabilities under
Section 52 of the Persons with Disabilities (Equal Opportunities, Protection of Rights &
Full Participation) Act, 1995, immediately before the commencement of this Act may
continue to maintain such institution for a period of six months from such
commencement and if he has made an application for such certificate under this section
within the said period of six months, till the disposal of such application;

Provided further that an institution for care of mentally ill persons, which holds a valid
licence under Section 8 of the Mental Health Act, 1987, shall not be required to be
registered under this Act.

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