KRISHNA india 30 March 2020
G.L.N. Prasad (Retired employee.) 31 March 2020
The query is vague. Please search google on the subject as every law is applicable to every citizen equally and there are no gender/status/religion discrimination and privileges to just one sect of citizens.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 31 March 2020
Under the Constitution the disabled have been guaranteed the following fundamental rights:
P. Venu (Advocate) 31 March 2020
What are the facts? What is the issue?
T. Kalaiselvan, Advocate (Advocate) 01 April 2020
1. Prohibition of Discrimination:
Article 15 is a manifestation of “Right to Equality” under article 14, as it enshrines a specific dimension of the principles of equality relating to discrimination by state or various grounds . Under article 15 the protection extends only to citizens , unlike article 14 which protects ‘ any person’ . Thus in application article 15 protects from discriminatory state activities but the ambit of article 15 is narrower than that of article 14.
Article 15 of the Indian constitution deals with “prohibition of discrimination” on the grounds of religion, race, caste, s*x or place of birth.
T. Kalaiselvan, Advocate (Advocate) 01 April 2020
Equity In Social, Economics And Cultural Rights:
Article 25 of the CRDP recognizes the “right of a person with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity , state parties shall ensure an inclusive education system at all levels and lifelong learning.” They considered constitution to grant education to children with disabilities if they explicitly guarantee the right to education , the right to free education, or the right to compulsory education to children with disabilities or prohibit discrimination in education on the basis if disability. Globally only 28% of the countries provide some type of constitutional guarantee of educational rights or the children with disabilities.
T. Kalaiselvan, Advocate (Advocate) 01 April 2020
3. Right To Work:
Article 27 of the CRDP instructs states to “recognizes the right of persons with disabilities to work, on an equal basis with others; this includes the rights to opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities.
Right To Liberty:
Article 14 of the CRPD instructs state parties to guarantee people with disabilities the right to liberty and security of person. We considered the right to liberty to be guaranteed to persons with disabilities if they were explicitly granted the right to freedom or liberty. Globally, only 9% of the constitution explicitly guarantee the right to liberty to persons with disabilities. However 19% of the constitution specifies that the right to liberty can be denied to persons with the
T. Kalaiselvan, Advocate (Advocate) 01 April 2020
Right To Freedom of Expression:
In article 21, the CRPD states that to “take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion include the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communications of their choice.”
Rights of Disabled Persons In India:
Persons with disabilities are one of the most neglected sections of our nation. This is due to the sheer indifference of the society which subjects such people to disapproval and antipathy. Such people have several rights under various Indian laws as well as UN conventions that are followed in India. Under section 2(i) of Persons with Disabilities Act, 1995,"disability" includes blindness, low vision, leprosy cured, hearing impairment, locomotor disability, mental retardation and mental illness.
T. Kalaiselvan, Advocate (Advocate) 01 April 2020
Disability Certificate: It is the most basic document that a disabled person should possess in order to avail certain benefits and concessions. The State Medical Boards established under the State governments can issue a disability certificate to any person with more than 40% disability.
Disability Pension: People who are above 18 years of age, suffering with more than 80% disability and are living below the poverty line are entitled to the disability pension under the Indira Gandhi National Disability Pension Scheme. Various NGOs are dedicated to this because i.e. they help such persons with disabilities to get their disability pension.
Employment: In government jobs, 3% of the seats are reserved for persons with disabilities.
T. Kalaiselvan, Advocate (Advocate) 01 April 2020
Income Tax Concession: Under sections 80DD and 80U of Income Tax Act, 1961, persons with disabilities are also entitled to certain income tax concessions.
T. Kalaiselvan, Advocate (Advocate) 01 April 2020
The Persons with Disabilities Act , 1995 had come into enforcement on Feb 7, 1996. It is a significant step which ensures equal opportunities for the people with disabilities and their full participation in the nation building . The Act provides for both the preventive and promotional aspects of rehabilitation like education , employment and vocational training, reservation , research and manpower development and rehabilitation of persons with disability , unemployment allowance for the disabled persons.
G.L.N. Prasad (Retired employee.) 01 April 2020
This is the original query: ", may i know about the sections of IPC related to disabled people "
The replies are leading to the constitution and other fundamental rights not connected to IPC and not to the point.