Describe the rights and entitlements for persons with disabilities under the Rights of Persons with Disabilities Act, 2016.

CS Executive · Setting up of Business Entities and Closure · PYQS · June 2024
Describe the rights and entitlements for persons with disabilities under the Rights of Persons with Disabilities Act, 2016.

Answer & Explanation:

Chapter II of the Rights of Persons with Disabilities Act, 2016 deals with the rights and entitlements for persons with disabilities. Section 3 speaks about Equality and Non-Discrimination. It states that it is the duty of the appropriate Government to ensure that persons with disabilities enjoy right to equality, a life with dignity and respect or his or her integrity equally with others. It mandates the Government to take appropriate steps to utilise the capacity of persons with disabilities by providing appropriate environment. The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities. Section 4 states that the appropriate Government and the local authorities shall take measures to ensure that the women and children with disabilities enjoy their rights equally with others and also shall ensure that all children with disabilities shall have right on an equal basis to freely express their views on all matters affecting them and provide them appropriate support keeping in view their age and disability. Section 5 allows such persons with disability to the right to live in the community. Section 6 of the Act states that the appropriate Government shall take measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading treatment. Section 7 instructs the Government to take measure in order to protect persons with disability from any sort of abuse, violence or exploitation. It also speaks about the duties of a police officer when cases of cruelty against persons with disability are reported. It shall be his duty to let the victim know about his rights to approach the Executive Magistrate for maintenance or the particulars about the nearest organisation that works for the rehabilitation of person with disabilities or even his right to free legal aid. Section 8 ensures the protection and safety of persons with disability in cases of any risk, armed conflict, humanitarian emergencies or natural disasters. Sections 9 and 10 majorly deal with home and family rights. Section 9 prevents the separation of any child with disability, from his parents except by an order of the court and necessary relocation to any family member, community member or any governmental or private run home. Section 10, deals with the providing of information to persons with disability, relating to reproduction and family planning. Section 11 states that it is the duty of the Election Commissions to ensure that the electoral process is understandable and accessible to them. Section 12 reflects the duty of the appropriate Government to make the legal process accessible for such persons with disability and to ensure suitable measure to render justice to such persons especially the ones requiring high support. Section 13 deals with legal capacity of such persons with disability. It states that the appropriate Government shall have the duty to ensure that the persons with disabilities enjoy legal capacity equally like any other person and has the right to equal recognition.

Topics: Social Legislation

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