Cargando…

The Rights of Persons with Disability Act, 2016: Challenges and opportunities

India signed the United Nations Convention on the Rights of Person with Disabilities (UNCRPD) and subsequently ratified the same on October 1, 2007. The UNCRPD proclaims that disability results from an interaction of impairments with attitudinal and environmental barriers which hinders full and acti...

Descripción completa

Detalles Bibliográficos
Autores principales: Math, Suresh Bada, Gowda, Guru S., Basavaraju, Vinay, Manjunatha, Narayana, Kumar, Channaveerachari Naveen, Philip, Sharad, Gowda, Mahesh
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Medknow Publications & Media Pvt Ltd 2019
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6482682/
https://www.ncbi.nlm.nih.gov/pubmed/31040479
http://dx.doi.org/10.4103/psychiatry.IndianJPsychiatry_105_19
_version_ 1783413930121494528
author Math, Suresh Bada
Gowda, Guru S.
Basavaraju, Vinay
Manjunatha, Narayana
Kumar, Channaveerachari Naveen
Philip, Sharad
Gowda, Mahesh
author_facet Math, Suresh Bada
Gowda, Guru S.
Basavaraju, Vinay
Manjunatha, Narayana
Kumar, Channaveerachari Naveen
Philip, Sharad
Gowda, Mahesh
author_sort Math, Suresh Bada
collection PubMed
description India signed the United Nations Convention on the Rights of Person with Disabilities (UNCRPD) and subsequently ratified the same on October 1, 2007. The UNCRPD proclaims that disability results from an interaction of impairments with attitudinal and environmental barriers which hinders full and active participation in society on an equal basis. Further, the convention also mandates the signatories to change their national laws, to identify and eliminate obstacles and barriers, and to comply with the terms of the UNCRPD. In this regard, the Government of India initially undertook the amendment of laws such as Persons with Disability Act, 1995 (PWD Act 1995). The Rights of PWD Act, 2016 (RPWD Act 2016) replaced the PWD Act 1995 to comply with the UNCRPD. The new act was fine-tuned considering the socio-cultural and local needs of the society, and the available resources. Persons with Mental Illness (PMI) are often stigmatized and discriminated, which hinders their full and active participation in society. This is a much larger issue, especially in women, gender minorities, backward communities, and the poor and the migrated populations. Adding to the complexities, PMIs are often not aware of their illness, refuse the much-needed treatment and often are not in a place to exercise their rights. There is an urgent need to address this issue of attitudinal barrier so that the rights of PMI are upheld. Hence, this article discusses challenges and opportunities in the RPWD Act 2016 from the perspective of PMI.
format Online
Article
Text
id pubmed-6482682
institution National Center for Biotechnology Information
language English
publishDate 2019
publisher Medknow Publications & Media Pvt Ltd
record_format MEDLINE/PubMed
spelling pubmed-64826822019-04-30 The Rights of Persons with Disability Act, 2016: Challenges and opportunities Math, Suresh Bada Gowda, Guru S. Basavaraju, Vinay Manjunatha, Narayana Kumar, Channaveerachari Naveen Philip, Sharad Gowda, Mahesh Indian J Psychiatry Review Article India signed the United Nations Convention on the Rights of Person with Disabilities (UNCRPD) and subsequently ratified the same on October 1, 2007. The UNCRPD proclaims that disability results from an interaction of impairments with attitudinal and environmental barriers which hinders full and active participation in society on an equal basis. Further, the convention also mandates the signatories to change their national laws, to identify and eliminate obstacles and barriers, and to comply with the terms of the UNCRPD. In this regard, the Government of India initially undertook the amendment of laws such as Persons with Disability Act, 1995 (PWD Act 1995). The Rights of PWD Act, 2016 (RPWD Act 2016) replaced the PWD Act 1995 to comply with the UNCRPD. The new act was fine-tuned considering the socio-cultural and local needs of the society, and the available resources. Persons with Mental Illness (PMI) are often stigmatized and discriminated, which hinders their full and active participation in society. This is a much larger issue, especially in women, gender minorities, backward communities, and the poor and the migrated populations. Adding to the complexities, PMIs are often not aware of their illness, refuse the much-needed treatment and often are not in a place to exercise their rights. There is an urgent need to address this issue of attitudinal barrier so that the rights of PMI are upheld. Hence, this article discusses challenges and opportunities in the RPWD Act 2016 from the perspective of PMI. Medknow Publications & Media Pvt Ltd 2019-04 /pmc/articles/PMC6482682/ /pubmed/31040479 http://dx.doi.org/10.4103/psychiatry.IndianJPsychiatry_105_19 Text en Copyright: © 2019 Indian Journal of Psychiatry http://creativecommons.org/licenses/by-nc-sa/4.0 This is an open access journal, and articles are distributed under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License, which allows others to remix, tweak, and build upon the work non-commercially, as long as appropriate credit is given and the new creations are licensed under the identical terms.
spellingShingle Review Article
Math, Suresh Bada
Gowda, Guru S.
Basavaraju, Vinay
Manjunatha, Narayana
Kumar, Channaveerachari Naveen
Philip, Sharad
Gowda, Mahesh
The Rights of Persons with Disability Act, 2016: Challenges and opportunities
title The Rights of Persons with Disability Act, 2016: Challenges and opportunities
title_full The Rights of Persons with Disability Act, 2016: Challenges and opportunities
title_fullStr The Rights of Persons with Disability Act, 2016: Challenges and opportunities
title_full_unstemmed The Rights of Persons with Disability Act, 2016: Challenges and opportunities
title_short The Rights of Persons with Disability Act, 2016: Challenges and opportunities
title_sort rights of persons with disability act, 2016: challenges and opportunities
topic Review Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6482682/
https://www.ncbi.nlm.nih.gov/pubmed/31040479
http://dx.doi.org/10.4103/psychiatry.IndianJPsychiatry_105_19
work_keys_str_mv AT mathsureshbada therightsofpersonswithdisabilityact2016challengesandopportunities
AT gowdagurus therightsofpersonswithdisabilityact2016challengesandopportunities
AT basavarajuvinay therightsofpersonswithdisabilityact2016challengesandopportunities
AT manjunathanarayana therightsofpersonswithdisabilityact2016challengesandopportunities
AT kumarchannaveeracharinaveen therightsofpersonswithdisabilityact2016challengesandopportunities
AT philipsharad therightsofpersonswithdisabilityact2016challengesandopportunities
AT gowdamahesh therightsofpersonswithdisabilityact2016challengesandopportunities
AT mathsureshbada rightsofpersonswithdisabilityact2016challengesandopportunities
AT gowdagurus rightsofpersonswithdisabilityact2016challengesandopportunities
AT basavarajuvinay rightsofpersonswithdisabilityact2016challengesandopportunities
AT manjunathanarayana rightsofpersonswithdisabilityact2016challengesandopportunities
AT kumarchannaveeracharinaveen rightsofpersonswithdisabilityact2016challengesandopportunities
AT philipsharad rightsofpersonswithdisabilityact2016challengesandopportunities
AT gowdamahesh rightsofpersonswithdisabilityact2016challengesandopportunities