Dr. Sridevi Krishna, Assistant Professor, Vidyavardhaka Law College, Sheshadri Iyer Road, Mysuru
ABSTRACT
“Every person with disability is an individual who is differently abled”
In today’s competitive world people are recognized and praised for their talent, creativity and enthusiastic approach to their life. Every person in this world is born different with different capacities to exhibit himself to the outside world. The approach to world differs from person to person and is set on his ability too. The persons with disability are always seen as different from others which is of course evident through the kind of disability he suffers. The conceptual understanding of persons with disability today is not based on sympathetic approach but it is rights based approach. This new kind of approach is based on providing equality in participation, non- discrimination against other persons and accountability. The international conventions too support the overall protection of this vulnerable section of the society. The United Nations Conventions on Rights of Persons with Disability was drafted with explicit, social development dimension. It takes a new approach to the movement of persons with disabilities as “subjects with rights” rather than “objects of charity”. It makes them to be active in society who can claim their rights and who can make their own decisions for their lives which is also based on free consent. The convention adopts various categories of persons with disabilities and reaffirms that persons with disabilities must enjoy human rights and fundamental freedoms. It ensures overall protection of rights of persons with disability. India being a signatory to this convention has enacted disability laws and policies in consonance with the convention with an aim to protect the rights of persons with disability. The judicial approach to the protection of their rights is remarkable. The study is carried out with the support of secondary data where an attempt is made to analyze the Rights of Persons with Disabilities Act, 2016 and analysis of latest case laws is made to know the judicial approach to protect their rights. In concluding the analysis the paper brings out few suggestions to improve the participation of this vulnerable group.
Keywords: Disability, Rights, Vulnerable, Equality, Accountability
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