Preamble

Whereas, persons with disabilities have made valued existing and will continue to make potential contributions to the overall well-being and diversity of their communities; and

Whereas, the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty; and

Whereas, disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others; and

Whereas, India has both signed and ratified the United Nations Convention on the Rights of Persons with Disabilities; and

Whereas, all human rights and fundamental freedoms are universal, indivisible, interdependent and interrelated and persons with disabilities should be guaranteed their full enjoyment without discrimination; and

Whereas India has ratified the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; and check which of these conventions have been ratified by India

Whereas, the Constitution of India as envisaged in its preamble seeks to secure for all its citizens justice – social economic and political, dignity equality and fraternity; and

Whereas, article 41 of the Constitution of India provides for public assistance in cases of old age, sickness, disablement and undeserved want; and

Whereas, article 14 of the Constitution of India guarantees to all its citizens including citizens with disabilities, equality before the law and equal protection of the law; and

Whereas, article 21 of the Constitution of India guarantees to all its citizens right to life and personal liberty; and

Whereas, persons with disabilities continue to be deprived of their human rights and fundamental freedoms; and

Whereas, right to life implies right to live with dignity; and

Whereas, it is imperative to ensure that persons with disabilities are not discriminated against and that they are treated on an equal basis with others and

Whereas, it is obligatory to ensure equality of opportunity to persons with disabilities including women and children with disabilities; and

Whereas, harmonization of the relevant laws with the United Nations Convention on the Rights of Persons with Disabilities need to be carried out; and

Whereas, it is now necessary to give effect to the provisions of the United Nations Convention on the Rights of Persons with Disabilities; and

Therefore, be it enacted by the Parliament in the 59th year of the Republic of India as follows:-