(a) whether Indian legislations on disabilities do not include a number
of provisions from the UN Convention on the Rights of Persons with
Disabilities that India has ratified specifically in relation to persons
with mental health disabilities not being allowed to enter into
contracts or own property;
(b) if so, the details thereof; and
(c) the steps taken to introduce legislations in accordance with the convention?
MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT (SHRI D. NAPOLEON)
(a) to (c) A Committee was set up on 30.04.2010 consisting of experts
in disability sector, representatives of various stakeholders, Central
Ministries, State Governments, Non-Governmental Organizations etc. to
prepare a draft new legislation in line with the United Nations Convention
on the Rights of Persons with Disabilities (UNCRPD) to replace the existing
Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation (PwD) Act, 1995. The Committee inter-alia, held as many
as 24 State level consultation meetings with various stakeholders including
disabled people organizations, civil society organizations working in
disability sector. A separate consultation was also held with legal experts.
The Committee submitted its report including draft legislation called
the Rights of persons with Disabilities Bill, 2011, on 30.06.2011 which
is under consideration.