Rehabilitation Council of India Act, 1992
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The Rehabilitation Council of India was set up as a registered society in 1986. However, it was soon found that a society could not ensure proper standardization and acceptance of the standards by other Organizations.
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Passed RCI Act in 1992. The Parliament enacted Rehabilitation Council of India become a Statutory Body on 22nd June 1993.
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The RCI Act was amended by the Parliament in 2000 to work it more broadly.
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The Act casts norms responsibility on the Council. It also prescribes that any one delivering services to people with disability, with out processing qualifications recognized by RCI, could be prosecuted.
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The Council has the twin responsibility of standardizing and regulating the training of personnel and professionals in the field of Rehabilitation and Special Education.
Persons with Disabilities Act, 1995
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The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" has come into force on February 7, 1996.
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This PWD Act is an important landmark and is a significant step in the direction of ensuring equal opportunities for persons with disabilities and their full participation in the nation building.
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The Act provides for both preventive and promotional aspects of rehabilitation like education employment and vocational training, job reservation, research and manpower development, creation of barrier-free environment, rehabilitation of person with disability, unemployment allowance for the disabled, special insurance scheme for the disabled employees and establishment of homes for persons with severe disability etc.
National Trust Act, 1999
The National Trust is an autonomous organization of the Ministry of Social Justice and Empowerment Government of India, set up under the “National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities” Act (Act 44 of 1999)
The National Trust was set up to find an answer to the worries of parents -
"What will happen to my child when I am no more?"
Disabilities under NTA
The National Trust works for the welfare of persons with any of the following four disabilities
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Autism
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Cerebral Palsy
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Mental Retardation
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Multiple Disabilities
Objectives
The basic objectives of the National Trust are:-
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to enable and empower persons with disability to live as independently and as fully as possible within and as close to the community to which they belong
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to strengthen facilities to provide support to persons with disability to live within their own families
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to extend support to registered organizations to provide need based services during period of crisis in the family of persons with disability
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to deal with problems of persons with disability who do not have family support
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to promote measures for the care and protection of persons with disability in the event of death of their parent or guardian
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to evolve procedures for the appointment of guardians and trustees for persons with disability requiring such protection
- to facilitate the realization of equal opportunities, protection of rights and full participation of persons with disability and to do any other act which is incidental to the aforesaid objects.
The Board seeks to implement the objectives of the National Trust through
National Policy for Persons with Disability
The salient features of the National Policy are :
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Physical Rehabilitation, which includes early detection and intervention, which includes early detection and intervention, counseling & medical interventions and provision of aids & appliances.
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Education Rehabilitation including vocational training and
- Economic Rehabilitation for a dignified life in society.
UNCRPD 2006
Human rights questions: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms
Article 12 – Equal recognition before the law
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States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
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States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
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States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
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States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests.
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Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.
India as signed and ratified the UNCRPD and now it is obligatory to amends all the existing Disability Acts & Policies. The process is going on to amend the Indian Disability Acts like: PWD Act1995, RCI Act 1992, National Trust Act 1999 and others. It is the right time for all of us to be part of this process to get the best for the empowerment of the target groups as a RIGHT.
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