Rights of the Disabled ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ having a rights based approach with special emphasis on social, economic and cultural rights. The enactment of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (referred to as Persons with Disabilities Act) is a signal achievement of the Indian disability movement. Preamble to this Act clearly delineates its objective of promoting and ensuring equality and full participation of persons with disabilities. The Act aims to protect and promote economic and social rights of people with disabilities. The Act covers seven disabilities. 5.3 Long and persistent discrimination in access by persons with disabilities to education, housing, adequate necessities of life such as food and health care, work and participation in the recreation and cultural activities has given birth to an impressive legal and policy framework which seeks to equalize opportunities for full participation. In concrete terms three enactments have been brought in force. These also provide mechanisms for planning, monitoring and redressal of grievances. The enactments include: ● ● ● The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 The Rehabilitation Council of India Act, 1992 These historic legislations are a corner stone of evolution of jurisprudence on the rights of persons with disabilities in India. As a result, disability concerns have come into sharp focus. 5.4 There is a lack of systematic data collection and research regarding the efficacy of these laws, policies, programmes and the institutions established to safeguard the rights of persons with disabilities. Over last two years the Commission has made a number of attempts to monitor the level of awareness and readiness of various institutions in fulfilling their mandatory obligations under these enactments. Outcome of these initiatives along with recommendations for disability inclusive systems and programmes were reflected in Chapter 2 of the annual report for last year. 5.5 During the period under review the Commission introduced a number of proactive initiatives. These have been beneficial in building the capacity of the key functionaries and institutions of democracy. Obviously, for effective realization of rights by the disabled, right kind of sensitivity, skills, and knowledge is required to determine how to apply, when to apply and what kind of knowledge to apply to eradicate vicissitudes of injustices resulting in exclusion of persons with disabilities. 84 AR-Chapter-1-19-10-6-06.p65 National Human Rights Commission Annual Report - 2004-2005 104 7/17/06, 6:29 PM