Law and disability..

p { margin-bottom: 0.21cm; } “The Centre for Disability Studies (CDS) has put together a working draft of the New Law. It is a working draft, which means that it is a draft on which work can still happen and will still happen…” I am sharing some interesting parts from it. If you want to read the whole document, email me. p { margin-bottom: 0.21cm; } Whereas Persons with Disability have a right:

  • to integrity, dignity and respect with full participation and inclusion;
  • to assert human interdependence and celebrate human diversity;
  • to live a life free of shame, ridicule, or any form of disempowerment and stereotyping;
  • to be bearers of all civil-political and socio-economic rights guaranteed by international and national law on an equal basis with others.

To this end the Union of India, in its sixty-third year, enacts the Right to Persons with Disabilities Act as follows…Then, again: p { margin-bottom: 0.21cm; } Right to Home and Family

  1. Notwithstanding anything contained in the law for the time being in force, every person with disability shall be entitled to solemnise a marriage with a spouse of his or her choice.
  1. A marriage under Section 1 may be solemnised if the following conditions are fulfilled:
  1. Neither party has a spouse living at the time of the marriage;
  2. The bridegroom has completed the age of twenty – one years and the bride has completed the age of eighteen years at the time of marriage;
  3. That the other spouse was aware of the disabilities of the person with disabilities at the time of marriage;
  4. Both spouses consent to the marriage.

(3) A marriage under Section 1 shall be void if the conditions under Section 2(i), 2(ii) and 2(iv) were not fulfilled at the time of marriage. (4) A marriage under Section 1 shall be voidable if the conditions under Section 2(iii) were not fulfilled at the time of marriage. Provided that a marriage under Section 1 shall not be void or voidable solely because one or both of the spouses were people with disabilities at the time of the marriage. (4) Notwithstanding anything contained in the law for the time being in force, neither party to a marriage shall be granted a decree of divorce based solely on the ground that the other party is a person with disability.

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Post Author: Sachin

2 thoughts on “Law and disability..

    Vaibhav Talegaonkar

    (January 9, 2011 - 5:14 pm)

    Sir kindly send me this Document

    thanks

    Swarendra Singh

    (August 29, 2014 - 8:00 pm)

    hello sir,
    this is swarendra and i would really like to read this document.i will be very greatfull if u send me a copy of it.

    thank you

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