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REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS ON HUMAN RIGHTS
defined time frame and that it would be consonant with the decisions of the
Supreme Court, as well as with the principal international instruments on this
subject, notably the 1951 Convention relating to the Status of Refugees and
the 1967 Protocol.
5.21 In the Memorandum of Action Taken on the Commission's annual report
for 2000-2001, the Government of India has indicated that issues concerning
the 1951 Convention and the 1967 Protocol were being examined by the
Ministry of External Affairs, along with the drafting of a national legislation
on refugees. This adds little to what the Commission had been told a year
earlier. It remains the view of the Commission that greater priority should be
given to this matter by the Government of India, for the existing laws,
regulations and practices in respect of refugees are inadequate to the present
times and the possible challenges that are likely to arise in the future. The
absence of appropriate national legislation, of the quality and content
recommended by the Commission, also sits ill with the continuing responsibilities
devolving on the Government of India as a member of the Executive Committee
of the Programme of the United Nations High Commissioner of Refugees
(UNHCR).
E] Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act,
1995
5.22 In the last decade, India has worked towards providing a comprehensive
legal framework for its citizens with disabilities. Four landmark acts have been
adopted, the titles of which are given in paragraph 5.23 below. The objective
of these acts has been to equalize opportunities, enhance participation, deal
with problems of discrimination and, more importantly, ensure the enjoyment
of all basic and fundamental rights by persons with disabilities. The enactment
of these laws has also marked a change in the perception of disability-related
issues: the focus shifting from one based on charity to one inspired by the
concept of rights.
5.23 In the course of the year, with the help of its Special Rapporteur
(Disability), Ms. Anuradha Mohit, the Commission undertook a review of the
functioning and implementation of these acts, namely, the Mental Health Act,
1987, the Rehabilitation Council of India Act, 1992, the Persons with
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N