Women with Disabilities and the Law – Know Your Rights, and Fight Any Violations

In this episode, Mr. Babu Nejkar from the Association of People with Disability (APD) speaks with us about Women with Disabilities and the Law.

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Lots of specific provisions are available to women with disabilities living in India under the Disabled Rights Act 2016, the Mental Health Act, the National Trust Act, the Rehabilitation Council of India Act, and more. “As per our Constitution’s Article 15(1) A, no form of discrimination against women is acceptable. Rights like Human Rights, Basic Fundamental Rights, and Women’s Rights provide further protections to women.”

It brooks well to know what some of these Acts are and explore more about them:

  • Protection of Women from Domestic Violence Act
  • Immoral Traffic Prevention Act, 1956
  • Dowry Prohibition Act
  • Maternity Benefit Act
  • Medical Termination of Pregnancy Act, 1971
  • Preconception and Prenatal Diagnostic Techniques Prohibition of Such Techniques Act, 1994
  • Family Force Act
  • Legal Service Authority Act
  • National Commission of Women Act
  • Sexual Harassment of Women at Workplace Prevention, Prohibition, and Redressal Act, 2013

Chapter 2, Section 3 of The Rights of Persons with Disabilities Act, 2016, states that Equality and Non-Discrimination for physically-challenged women mean that any woman living with a disability must not be treated at a disadvantage at any opportunity. Section 4 also mentions that the government needs to provide facilities that break barriers of movement and promote inclusivity in general.

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With regards to protection against abuse, either the government or any non-governmental organisation can take necessary steps. All rights with regards to Education, Livelihood, Accessibility, and Employment have also been guaranteed to Women with Disabilities, which means that any action that impedes these rights is against the law.

As per the 2011 census, 2.21% of India’s population (26.8 million people), lives with disabilities; this statistic includes 11.8 million women. When this census was conducted, the Disability Act specified only seven notification conditions, but the latest Act contains 21 such conditions, meaning that the number of people considered disabled has currently doubled.

So, what do you do if your rights are violated?

One must approach

A Police Station

The State Commissioner

A Special Court

and evoke

Right to Free Legal Aid

Right to Privacy

Right to UN timed Registration 

Right to zero FIR

Right to no Arrest

Right to Sexual Harassment

The Women’s Counselling Helpline 1091 is also available for help and guidance while dealing with any violation. The Children’s Helpline is 1098.

 

 

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