REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS ON HUMAN RIGHTS
Disabilities (Equal Opportunities, Protection of Rights and Full Participation)
Act, 1995, and the National Trust for Welfare of Persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple Disability Act, 1999.
5.24 The review indicated that the slow and uneven implementation of these
Acts had caused a high degree of dissatisfaction among persons with
disabilities and their families. The findings also revealed certain common
factors that hampered the implementation of these laws by the State and local
authorities.
5.25 In this connection, it is important to recall an Order made by the High
Court of Patna on 22 October 2002, in the case Mamta Kumari v/s The State
of Bihar & Orissa in which it was stated:
"The Governments and people at large are not conscious of the
rights of persons with disabilities and the lack of interest in
implementing the Persons with Disabilities Act, 1995 can be seen
as inaction on the part of the State Governments in planning for
the disabled."
5.26 In the same Order, the Court expressed its deep concern that funds
allocated for schemes envisaged under the Disabilities Act had either not been
committed, or had remained under-utilized even when allocations had been
made. The Court then remitted this matter to the National Human Rights
Commission for appropriate action.
5.27 It was in pursuance of this Order that the Commission made a
compilation of all the provisions under the law dealing with the introduction
of schemes for persons with disabilities, grouping these under five broad
headings, viz., prevention and early detection of disability, education,
employment, affirmative action and non-discrimination. The Commission
proposes to collect detailed information from the concerned authorities under
these headings with a view to examining where the shortcomings have occurred
in implementation and where remedial action is required.
5.28 In the meantime, the Commission has issued detailed guidelines to the
State Governments, through its letter dated 27 December 2002, (see Annexure
6) asking each of them to constitute a task force to frame a State policy and
a State plan of action in respect of persons with disabilities. The full details
of these guidelines are given in Chapter VIII of this report.
ANNUAL REPORT 2002-2003
...
... 77
...
...
..