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 ... ... ..

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