...... 56 REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER.......... F] Review of laws relating to Persons with Disabilities 5.23 In the previous annual report, the Commission examined the functioning of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and its impact. Subsequently, a comprehensive set of recommendations was communicated to authorities in the Central and State Governments specifying their obligations under the Persons with Disabilities Act and the action they were expected to take. 5.24 During the period under review, a preliminary analysis of family laws and civil and criminal procedures have been undertaken, which indicates a certain degree of bias against persons with psychiatric and intellectual disabilities and also those suffering from epilepsy. 5.25 For instance, “The Hindu Marriage Act of 1955”, Section 5(2)(a), (b), (c), while specifying the conditions for a valid Hindu Marriage states, “(a) at the time of the marriage, neither party is incapable of giving a valid consent of it in consequence of unsoundness of mind (b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children (c) has been subject to recurrent attacks of insanity or epilepsy”. 5.26 In Section 12(1), the Act lays down conditions of a voidable marriage, which inter alia includes conditions specified in Section 5(2)(a), (b), (c), referred in the previous para. The Commission is deeply concerned over the possible misuse of such provisions in the law depriving persons affected by temporary mental illness of their right to enter into marital relations and/or to maintenance. 5.27 Similarly, the Hindu Adoption and Maintenance Act of 1956 Section 7 and 8 prohibit a person from adopting a child unless the adopter has attained majority and is of sound mind. The provision of giving children away in adoption on grounds of unsoundness of the mind of the parent under this act needs to be carefully examined in the light of the definition of disability provided in Section 2(t) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 which stipulates that, “person with disability means a person suffering from not less than forty percent of any disability as certified by a medical authority.” Here the compatibility of Hindu Adoption and Maintenance Act 1956, Section 9(4), with Section 2(t) of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 needs careful examination since both the Acts have designated separate authorities to decide on the issue of unsoundness of the mind. 5.28 Likewise, the Indian Contract Act of 1872 absolved any person of unsound mind from contractual liability. Since a majority of people having mild to moderate degree of psychiatric and intellectual disability can manage the responsibilities of day-to-day life, this provision needs to be re-examined. NATIONAL HUMAN RIGHTS COMMISSION