Differently abled persons constitutional protections
Protections of tribes
-The eterna Scheduled tribe first appeared in the constitution of India under Article 342. According to Article 342 the president of India may with respect to any state or union territory and where it is a state after consultation with the ¢#ëovernor these of by public notification. The criterion followed for specification of a community as scheduled Tribe are indications of primitive traits distinctive culture geographical isolation. Shyness of contact with the community at large and backwardness.
-Article 19(5)- Safeguard of Tribal interests with the rights of free movement and residence throughout the territory of India and ofacquisition and disposition of property are guaranteed to every citizen special restrictions may be imposed by the state for the protection of the interests of any Scheduled Tribe.
-Article 164- Provides for a minister-in-charge of Tribal welfare in the states of Jharkhand, Chattsigarh, Odisha and Madhyapradesh.
-During the 5th Five Year Plan marked a shift in the approach as reflected in the launching of Tribal-sub-plan for the direct benefit of the development of Tribals/
-Article 275(1)- ¢#ërants from the consolidated Fund of India is extended annually to rasious state governments having Scheduled Areas.
Disability
-Disability is an unbrella term covering impariments. activity limitations and participation restrictions.
-An impairment is a problem in body function or structure. an activity limitation is a difficulty encountered by an individual in executing a task or action while a participation restriction is a problem experience by an individual in involvement in life situations.
-Disability is thus not just a health problem. It is a complex phenomenon reflecting the interaction between features of a person’s body and features of the society in which he or she lives. overcoming the difficulties faced by people with disabilities requires interventions to remove environmental and social barriers
-Disability is not something individuals hane. What individuals have are impairments. They may be physical sensory neurological, psychiatric, intectual or other impairments.
-Disability is the process which happens when one group of people create barriers by designing a world only for their way of living taking no account of the impairments other people have.
-Disability is mostly suppressed due ot the negative outlook of most of the people
n It is due the fact that the people are not aware of the nature of disability
-Disabilities is a charctenstic that an individual have and it is viewed as a personal problem. It is also described as a social problem that keeps a person isolated from the community
Protections
-India’s Disability Act of 1995 provides various facilties for both children and adults with disabilities in india.
-Under this Act the children with disabilities have the right to free education until they reach the age of eighteen in schools that are integrated or in special schools.
-Children with disabilities have the right to appropriate transportation removal of architectual barriers as well as the restructuring of curriculum and modifications in the examination system.
-Scholorships uniforms books and teaching material are all provided to children with disabilities to free in india.
-Children with disabilities in india have access to special schools that are equipped with vocational training facilities and non-formal education.
-In the 2011 census 92 percent of the nearly 25cr households in the country had no people with disabilities over two crore households had or mose people with disabilities.
-India has ratified the Un convention on the Rights of persons with Disabilities. The nation has done little to protect the right of people with disabilities in accordance with the convention.
-The majority of the legislation in india related to people with disabilities is based on the medical model of disability it adopts a welfare attitude looking at physical impairments of people and cabeling them as Disabilities.
-The Un convection believes that disability results from the interaction of impairments with various barriers which hinder full and active participation in society on an equal basic with others.
-National Director of the Disability Rights initiative of the human Rights law network Rajive Rasturi states that present legislation does not include as many as twenty provisons of the convention on the Right of persons with Disabilities particulary those that pertain to political and civil rights such a freedom cruel and inhuman treatment access to information freedom of expression the right to massy and have family freedom to participate in public and political life.
According to current provisions of the law in india people with mental health disabilities cannot enter into contracts they also have no property nights
-The un convention has clearly stated that even people with the most severe disabilities have nights and that the state must provide support networks of enable them to exercise these rights.
-India’s person with disabilities act has a set of policies and concession in place for people with disabilities. Yet does not include non-negotiable rights.
pertain to people with disabilities in india
1. National mental Health programme – 1982
2. The mental Health Act – 1987
3. The Rehabilitation councils 1992
4. The persons with Disabilities Act – 1995
5. Deen dayal Rehabilitation programme for disable people – 1999
6. The National trust for welfare of person with Autism cerebral palsy mental Retardation multiple disabilities act – 1999
7. National policy for disabled people – 2008
Disabled population in india
in 2001- 2.19 cr
in 2011 – 2.68 cr
1. Process of socialisation starts
a) After birth of the child
b) Before child’s birth
c) After getting maturity
d) In youth only and not earlier than that
2. …………………………. is the means of cultural Transmission
a) Education b) Society
c) language d) Archaeology
3. According to the theory of divine origin about society it is believed that
a) Society is handiwork of god
b) Society is outcome of force
c) Society has nothing to do with god
d) Society grew slowly and steadily
4. Which of the following is not essential characteristic of society?
a) It is concrete b) it is abstract
c) In it no one is independent
d) It is well organised
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