Provisions of Constitution of India with regard to Persons with disabilities
The constitution of India guarantees fundamental rights to every citizen of India including person with disabilities.
The Constitution of India secures to the citizens of India, including persons with disabilities, liberty of thought, expression, belief, faith and worship, right of justice, equality of status & opportunity and for the promotion of fraternity.
Constitution of India guarantees equal rights to all citizens.
“The State shall not deny to any person equality before the law or equal protection of the law within the territory of India”.
This Article grants every person equality before law and equal protection of laws. However, this Article is not absolute. There can be certain exceptions to Article 14 for the betterment of citizens and in favour of the public interest.
Equality before the law means all citizens will be treated equally before the law without any discrimination. The law of the country protects everybody equally and under the same circumstances, the law will treat every person in the same manner.
The government cannot discriminate any Indian including the person with autism on the ground of religion, caste or sex.
Every citizen including person with disability cannot be discriminated on any grounds for the access of any public places.
Person with autism cannot be treated as untouchable which is a punishable offence. Untouchability is abolished by law. Hence, practising untouchability in any form is forbidden and punishable by law.
Article 21 has two types of rights:
– Right to life
– Right to personal liberty
Article 21 is the only article in the constitution which has received widest possible interpretation. Every citizen has a right to life, liberty and security. Right to life is a fundamental aspect of life that makes the human life meaningful, complete and worth living.
As per this article, any form of forced labour is prohibited and any contravention of this provision shall be a punishable offence.
This article prohibits employment of children, including the disabled, below the age of 14 years to work in a factory or mine or to be engaged in any other hazardous employment. Even a private contractor acting for the government cannot engage children below 14 years of age in such employment.
Read “Importance of Financial Planning for Persons with Disabilities” https://specialsaathi.com/2023/01/25/importance-of-financial-planning-financial-planning-series-blog-1/
Any person with disability cannot be deprived of the right to the language, script or culture which he has or to which he belongs . A person with disability can move to the Supreme Court for the enforcement of his fundamental rights and this right to move to the Supreme Court is itself guaranteed by Article 32.
This Article directs the State, subject to its economic capacity and development, to make provisions for securing the right to work, education and public assistance in certain cases such as unemployment, old age, sickness and disablement.
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Author Shivani Lohia
Shivani Lohia is a Chartered Accountant by profession and mother to 8 years old child on the autism spectrum. The cause of autism awareness is very close to her heart and she strongly believes in equal education for all & strongly advocates inclusion. She has been homeschooling her son since he was 5 years old.
Creative representation for this blog is done by our extremely talented CreativeSaathi associate Vinayak Raj