Under which law are the rights of persons with disabilities protected in India?

Answer By law4u team

The rights of persons with disabilities in India are primarily protected under the Rights of Persons with Disabilities Act, 2016. This legislation was enacted to replace the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, with a more comprehensive and rights-based approach. Key features of the Rights of Persons with Disabilities Act, 2016, include: Definition of Disabilities: The Act recognizes a range of disabilities and provides a comprehensive definition, including physical disabilities, intellectual disabilities, mental illness, and multiple disabilities. Equal Opportunities: The Act emphasizes equal opportunities, protection of rights, and full participation for persons with disabilities in various aspects of life, including education, employment, and public services. Reservation in Government Jobs: The Act mandates a reservation of not less than 4% in government jobs for persons with benchmark disabilities. Non-Discrimination: The Act prohibits discrimination on the grounds of disability and promotes a barrier-free environment for persons with disabilities. Education: The Act emphasizes inclusive education and the right to access education for persons with disabilities. It requires the government to ensure that educational institutions provide reasonable accommodation and support. Accessibility: The Act mandates accessibility in public buildings, transportation, and information and communication technologies to facilitate the inclusion of persons with disabilities. Legal Capacity: The Act recognizes the legal capacity of persons with disabilities and their right to make decisions. It promotes the concept of supported decision-making. Special Courts: The Act provides for the establishment of special courts to handle cases related to offenses against persons with disabilities. National and State Commissions: The Act establishes the National Commission for Persons with Disabilities at the national level and State Commissions at the state level to address grievances and promote the rights of persons with disabilities. It's important to note that the Rights of Persons with Disabilities Act, 2016, aligns with international conventions such as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The legislation is aimed at ensuring the full and equal participation of persons with disabilities in society and protecting their rights across various domains.

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