CHENNAI: “The legal framework of India itself discriminates people with disabilities,” said Rajiv Rajan of the Human Rights Law Network, here on Wednesday.
He was addressing a orientation for lawyers, organised by Disability Legislation Unit (DLU), at Vidaysagar, Chennai.
For example, People With Disabilities (PWD) Act 1995, recognises only seven kinds of disabilities. The rest are excluded.
Further, according to the Indian Contract Act 1872, a person with an “un-sound” mind could get into a contract or sign agreements. Smitha Sadasivan, DLU, South, said: “The law, however, does not define the word unsound. A person with Cerebral Palsy has gotten classified as one with unsound mind. A person who’s under trauma, depression, etc., are people put under this category.”
According to DLU members, Contract Act, Lunacy Act, National Trust Act, PWD Act, Representation of People’s Act and Mental Health Act, are all discriminatory in one way or the other.Discrimination is different for people with disabilities, according to advocate Amba Salelkar who cited denial of reasonable accommodation as one. “While having ramps in every building overnight is impossible, government must enforce at least make-shift ramps and facilities that can be used by disabled people,” she said.
Infrastructure barriers along with legal and transport barriers have secluded disabled people. Advocate B Meenakshi from ‘Equals — Centre for Promotion of Social Justice’ said, India must look to United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and amend laws.
“The UNCPRD does not restrict the definition of disability but defines discrimination and access. This way, better rights are ensured,” she said adding, “disability is a diversity like being tall or thin. And it should be treated so.” Posing a question to the lawyers, Rajiv Rajan asked, “What is normal?” “Being oneself comfortably is normal,” was his answer.