Abstract
This chapter looks at the Rights of Persons with Disabilities Bill 2014 as a marked transformation from the Persons with Disabilities Act of 1995. Emphasizing the importance of family for everyday living of disabled persons and creating a separate category women with disabilities are two significant departures that the 2014 legislative moment underlines; this chapter discusses the importance of inclusion while pointing to the constraints as well. This chapter moves to engaging with the question, how enabling is a rights framework without contextualizing them within an ethicality of responsibility given that the former might just lead to an abstract rights-bearing (non) citizen without the latter?
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Notes
- 1.
Able bodied is used in contrast to disabled people or persons with disabilities.
- 2.
For a detailed critique on legal capacity of this provision and rest of the Bill, please see http://kafila.org/2014/02/03/a-critqiue-of-the-draft-rights-of-persons-with-disabilities-bill-2014-amba-salelkar/.
- 3.
I am referring to mandated institutional care and protection under Mental Health Act, Juvenile Justice Act, Immoral Traffic Prevention Act, etc. Although surveillance is the real name for protection inside homes for the mentally ill, juvenile homes, homes for trafficked survivors, children’s homes, vagrant homes.
- 4.
Ramanatha (1996).
- 5.
Ibid 201.
- 6.
Ibid 208.
- 7.
- 8.
For details of the case and analysis read, Rajeswari Sunder Rajan, 2003.
- 9.
Ibid.
- 10.
There is a right to home and family that the 2011 onwards Bills provide for, the home is understood as the household where members of the natal or matrimonial family resides.
- 11.
I am in no way meaning to essentialize that these issues impact women (with disability) only and not men. However, incidents of sexual violence on women with disability have acquired statistical proportions, hiding the disabled daughter or marrying her off to anybody have been real issues to reckon with.
References
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Salelkar, A. (2014). A critique of the draft rights of the persons with disabilities bill, 2014, available online at https://kafila.org/2014/02/03/a-critqiue-of-the-draft-rights-of-persons-with-disabilities-bill-2014-amba-salelkar/, last accessed on 21st July 2016.
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Sen, R. (2016). Right to Care, Home and Family: Ethics of Responsibility Towards Persons with Disability. In: Ghosh, N. (eds) Interrogating Disability in India. Dynamics of Asian Development. Springer, New Delhi. https://doi.org/10.1007/978-81-322-3595-8_4
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DOI: https://doi.org/10.1007/978-81-322-3595-8_4
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