UNCRPD and the Law

UNCRPD is an international law. India ratified UNCRPD on 1st October 2007 and became a State Party. Therefore India is legally bound to implement it.

UNCRPD has a rights based approach towards disability and address both the socio-economic and civil and political rights of persons with disability. All rights available to the non-disabled persons have to be extended to persons with disabilities in order that persons with disabilities can live on an equal basis with others.

India’s Obligations as a State Party

• adopt legislation and administrative measures to promote the human rights of persons with disabilities;
• adopt legislative and other measures to abolish discrimination;
• protect and promote the rights of persons with disabilities in all policies and programmes;
• stop any practice that breaches the rights of persons with disabilities;
• ensure that the public sector respects the rights of persons with disabilities;
• ensure that the private sector and individuals respect the rights of persons with disabilities;
• undertake research and development of accessible goods, services and technology for persons with disabilities and encourage others to undertake such research;
• provide accessible information about assistive technology to persons with disabilities;
• promote training on the rights of the Convention to professionals and staff who work with persons with disabilities;
• consult with and involve persons with disabilities in developing and implementing legislation and policies and in decision-making processes that concern them.

Enforcement of UNCRPD in the Courts of India

In many countries the International Law becomes domestically operational when it is made part of a national legislation. However, the Indian Supreme Court has ruled on a number of occasions that when an international commitment increases the rights protection of the citizenry, then such rights could become available to the people even directly from the International instrument without an enacted national legislation.

The UNCRPD has increased the gamut of rights, so the rights recognised in the Convention have already become available to persons with disabilities and can be enforced in the Indian Courts. Persons with disabilities should take up issues of violation on the basis of UNCRPD and file cases in the various Courts of India.

Other National Laws related to Disability

There are four Laws pertaining to disabilities in India:

• The Mental Health Act, 1987
• The Rehabilitation Council of India Act, 1992
• The Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
• The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

Apart from these laws, India also has the National Policy for Persons with Disabilities which was adopted in 2006.