Abstract
India’s Rights of Persons with Disabilities Act, 2016 (RPWDA) received the assent of the President of India on 27 December 2016 and was commenced on 15 June 2017. The purpose of the Act is ‘to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto’. Key provisions cover ‘rights and entitlements’; ‘education’; ‘skill development and employment’; ‘social security , health, rehabilitation and recreation’; ‘special provisions for persons with benchmark disabilities’ and ‘high support needs’; ‘duties and responsibilities of appropriate governments’; ‘registration of institutions for persons with disabilities and grants to such institutions’; ‘certification of specified disabilities’ ; ‘Central and State Advisory Boards on Disability and District Level Committee’; ‘Chief Commissioner and State Commissioner for Persons with Disabilities’ ; ‘Special Court’; ‘National Fund for Persons with Disabilities’ ; ‘State Fund for Persons with Disabilities’ and ‘offences and penalties’. Overall, the legislation presents a broad range of rights-based provisions aimed at giving effect to the CRPD and improving the rights of persons with disabilities in India. It legally underpins many economic and social rights and emphasizes respect for inherent dignity ; individual autonomy ; full and effective inclusion and participation in society ; respect for difference; acceptance of persons with disabilities; equality of opportunity; accessibility and respect for the evolving capacities of children with disabilities. Concerns centre on the RPWDA’s interaction with India’s Mental Healthcare Act, 2017 , methods of assessing and certifying disabilities, the position of families of mentally ill persons and specific concerns about neurodevelopmental disorders.
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References
Balakrishnan, A., Kulkarni, K., Moirangthem, S., Kumar, C. N., Math, S. B., & Murthy, P. (2019). The Rights of Persons with Disabilities Act 2016: Mental health implications. Indian Journal of Psychological Medicine, 41(2), 119–125.
Duffy, R. M., & Kelly, B. D. (2017). Concordance of the Indian Mental Healthcare Act, 2017 with the World Health Organization’s Checklist on Mental Health Legislation. International Journal of Mental Health Systems, 11, 48.
Duffy, R. M., & Kelly, B. D. (2019a). India’s Mental Healthcare Act, 2017: Content, context, controversy. International Journal of Law and Psychiatry, 62, 169–178.
Duffy, R. M., & Kelly, B. D. (2019b). The right to mental healthcare: India moves forward. British Journal of Psychiatry, 214(2), 59–60.
Isaac, M. (2015). Mental health legislation in South Asian countries: Shortcomings and possible solutions. In J. K. Trivedi & A. Tripathi (Eds.), Mental health in South Asia: Ethics, resources, programs and legislation (pp. 319–332). Dordrecht: Springer.
Jiloha, R. C. (2015). The Mental Health Act of India. In S. Malhotra & S. Chakrabarti (Eds.), Developments in psychiatry in India: Clinical, research and policy perspectives (pp. 611–622). New Delhi: Springer.
John, T., Subramanyam, A. A., & Sagar, R. (2018). Strength and weakness of the guidelines of Rights of Persons with Disabilities Act, 2016 (dated January 5, 2018): With respect to the persons with neurodevelopmental disorders. Indian Journal of Psychiatry, 60(3), 261–264.
Kalmegh, B., Bakhshy, A., Harshe, D., & Patankar, V. (2018). MHCA 2017: Together we can..! Pune: SMARTT.
Kelly, B. D. (2014). An end to psychiatric detention? Implications of the United Nations’ convention on the rights of persons with disabilities. British Journal of Psychiatry, 204(3), 174–175.
Math, S. B., Gowda, G. S., Basavaraju, V., Manjunatha, N., Kumar, C. N., Philip, S., et al. (2019). The Rights of Persons with Disabilities Act, 2016: Challenges and opportunities. Indian Journal of Psychiatry, 61(10), S809–S815.
Narayan, C. L., & John, T. (2017). The Rights of Persons with Disabilities Act, 2016: Does it address the needs of the persons with mental illness and their families. Indian Journal of Psychiatry, 59(1), 17–20.
Patel, V., Xiao, S., Chen, H., Hanna, F., Jotheeswaran, A. T., Luo, D., et al. (2016). The magnitude of and health system responses to the mental health treatment gap in adults in India and China. Lancet, 388(10063), 3074–3084.
Pavitra, K. S., Kalmane, S., Kumar, A., & Gowda, M. (2019). Family matters! The caregivers’ perspective of Mental Healthcare Act 2017. Indian Journal of Psychiatry, 61(10), S832–S837.
Rao, G. P., Ramya, V. S., & Bada, M. S. (2016). The Rights of Persons with Disability Bill, 2014: How ‘enabling’ is it for persons with mental illness? Indian Journal of Psychiatry, 58(2), 121–128.
Raveesh, B. N., Gowda, G. S., & Gowda, M. (2019). How right is right-based mental health law? Indian Journal of Psychiatry, 61(10), S640–S644.
Singh, S. (2019). Medical Council of India’s new guidelines on admission of persons with specified disabilities: Unfair, discriminatory and unlawful. Indian Journal of Medical Ethics, 4(1), 29–34.
Suresh, B. M. (2014). Revisiting mental health legislation of India. Thesis submitted to the National Law School of India University, Bangalore for the award of the degree of Doctor of Philosophy, Ph.D. Bangalore: National Law School of India University.
United Nations. (2006). Convention on the rights of persons with disabilities. New York: United Nations. Retrieved June 1, 2019, from https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/convention-on-the-rights-of-persons-with-disabilities-2.html.
World Health Organization. (2005). WHO resource book on mental health, human rights and legislation. Geneva: World Health Organization.
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Duffy, R.M., Kelly, B.D. (2020). India’s Rights of Persons with Disabilities Act, 2016. In: India’s Mental Healthcare Act, 2017. Springer, Singapore. https://doi.org/10.1007/978-981-15-5009-6_5
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