The concern for the rights of various societal segments has historically focused on the general principle of equality for all. In recent years, there has been a growing awareness of the need to recognize specific rights for vulnerable groups. This shift is evident both at the international level and in the formulation of state-specific provisions for these groups.
International Provisions:
- Various international instruments have been established to protect and promote the rights of disabled individuals.
- Key international documents include the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Cultural and Social Rights (1966), the UN Declaration on the Rights of Mentally Retarded Persons, and the UN Declaration on the Rights of Disabled Persons.
- The period 1983-92 was declared by the UNO as the Decade of Disabled Persons.
National Provisions: The Constitution of India:
- The Constitution of India, through its Preamble, Fundamental Rights (Part III), and Directive Principles of State Policy (Part IV), outlines the state’s constructive role toward weaker and disadvantaged people.
- Article 14 guarantees the Right to Equality, encompassing equality before the law and equal protection of the law.
- Entry 24 in List III of Schedule VII addresses the welfare of labor, provident funds, workmen’s compensation, invalidity, and old age pensions.
- The Indian legislature and judiciary have actively promoted equality and social justice for physically and mentally challenged individuals.
- The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995 prohibits discrimination based on disability in public employment and access to public facilities.
- Despite an increase in litigation regarding disability, the disposal of such cases by the judiciary and quasi-judicial bodies is presently slow.
- The government of India has established the Central Social Welfare Board to support voluntary agencies in organizing welfare programs for vulnerable groups, including persons with disabilities.