The topic rights of disabled person covered a very vast area of human life, it includes all the disability occur to the human beings which makes them differ from the normal life and the capability of disabled person in the society. In this we will see every aspect of disability of a person who falls under the concept/term of disabled person along with their efforts, hard works and the rights being infringed.

And here we will talk about the rights and duties of disabled and various convention and seminar which took further step regarding the rights of disabled to provide protection and safeguard the disabled's rights. The Convention on the Rights of Persons with Disabilities is a treaty aimed to promote respect for their inherent dignity and individual autonomy, including their freedom to make their choices, and ensures that persons with disabilities enjoy all human rights and fundamental freedoms.

The aim of this research to discuss all the problems or issues, solution to provide better supports of their cause or the legal solution for the violation of their rights and will also include all the necessary steps of the rights of disabled person along with certain landmark judgements.

Introduction
Persons with disabilities should have equality, dignity, and integrity respect: Section 3(1) of the RPwD Act mandates that the appropriate government shall ensure that persons with disabilities enjoy equality of opportunity, ensure the full enjoyment of their human rights and fundamental freedoms on an equal basis with others, and are treated with dignity and respect.

The purpose of the RPwD Act is to ensure that every individual with a disability lives his life with dignity without prejudice and without equal opportunity. It has created separate guidelines to protect those rights. India is a signatory to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) that governs the rights of people affected with disabilities.

Each one is born free with the same dignity and rights. As for the disabled, they are discriminated against and ridiculed and deprived of their human rights at every corner of the world. Disabilities have the basic challenges of performing tasks that are so much taken for granted by most people. Involvement or lack thereof of people with disabilities in various social activities would be driven by a set of social circumstances that would eventually affect their growth or esteem. Disability is therefore not essentially just a medical concern. It is a complex phenomenon revealing the interaction between physical features of a human and the features of a society which the person inhabits.

Definition
A disability can be cognitive, developmental, intellectual activity, sensory, or a combination of these impairments. It may be present at birth or develops gradually during a person's lifetime. This has a great impact on activities by the person. The term "disability" is a problematic one, meaning differently to different groups. It may connote mental or physical attributes that some organisations again most often the medical world deem ought to be changed. It may also refer to the limitations placed on people by an ablest social order. People with disabilities require the same health care as people without impairments-health screening for cancer and vaccinations.

Rights of Persons with Disabilities:

• Equality: Respect for his or her integrity, decency, and equality with others.
• Education: Obligatory and VE-catering education that integrates special education and general education.
• Social Security: Protection from the influence of old age, unemployment, and disabilities that make a person incapable of earning a living.
• Disability Certificate: A paper that protects the access of a person to specific buildings and rights for individuals with disabilities.
• Work: A right to access employment or to participate in any work which will be profitable, fulfilling, and effective.
• Accessibility: One of the principal human rights is equal access to all environments.
• Among the civil liberties of an individual with disabilities, the following are also named: agency, privacy, shelter, social support, security, body autonomy, and medical care.

Convention On The Rights Of Person With Disabilities 1

1. Article 1: Purpose The purpose of this Convention is to promote, protect and ensure the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities. People with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others.
    
2. Article 2: Definitions This article clarifies some of the definitions included in the Convention, such as "communication"; "language"; "discrimination based on disability"; "reasonable accommodation" and "universal design".
3. Article 3: General principles The Convention is grounded in the principles of respect for dignity; non-discrimination; participation and inclusion; respect for difference; equality of opportunity; accessibility; equality between men and women; and respect for children.
    
4. Article 4: General obligations Countries shall take all appropriate measures, with an active participation of persons with disabilities, towards ensuring and promoting in all fields the realization of all human rights and fundamental freedoms for all persons with disabilities without distinction of any kind.
    
5. Article 5: Equality before the law and non-discrimination Everyone is equal before and under the law. Everyone has the right to the equal protection and benefit of the law without discrimination.
    
6. Article 6: Women with disabilities Women with disabilities and girls with disabilities suffer from double stigma. The State shall take all appropriate measures to ensure that women with disabilities have an equal opportunity to benefit from all rights and freedoms enshrined in this Convention.
    
7. Article 7: Children with disabilities Children with disabilities are equal to every other child in having human rights. The best interest of the child shall be a primary consideration for all actions concerning children with disabilities. In all matters affecting them, children with disabilities have the right to express their views freely.
    
8. Article 8: Awareness-raising Countries shall promote the rights, abilities and contributions of persons with disabilities. Countries shall eliminate prejudices and stereotyping against persons with disabilities through the programme of advocacy, education, the media and awareness-raising programs.
    
9. Article 9: Accessibility All people with disability have the right to participate, on an equal basis with others, in all aspects of life. This includes physical environment, transportation, information and communications, among others, and other facilities and services provided to the public.
    
10. Article 10: Right to life To begin with, people with disabilities have a right to life. Countries should take all necessary measures to ensure people with disabilities can effectively enjoy it on equal terms with others.
     
11. Article 11: Risk situations and humanitarian crises Each state party shall take all appropriate measures to ensure to persons with disabilities, in situations of risk, including armed conflict, humanitarian crises and natural disasters that create a risk to their lives, persons with disabilities safety and security.
     
12. Article 12: Equal recognition before the law Persons with disabilities shall have the right to recognition everywhere as persons before the law. Like everyone else, persons with disabilities shall have legal capacity on equal basis in all their activities. States parties shall take appropriate measures to make their assistance available to persons with disabilities to exercise by themselves their legal capacity.
     
13. Article 13: Access to justice People with disabilities are entitled to equal access to justice, including through ensuring the provision of appropriate accommodations.
     
14. Article 14: Liberty and security of person People with disabilities have the right to liberty and security of person on an equal basis with others. The existence of disability cannot itself be invoked as a reason for deprivation of liberty.
     
15. Article 15: Freedom from torture or cruel, inhuman or degrading treatment or punishment No one shall be subjected to torture and to cruel, inhuman or degrading treatment or punishment. No one shall be subjected without his or her free consent to medical or scientific experimentation.
     
16. Article 16: Freedom from exploitation, violence and abuse Persons with disabilities have the right to freedom from all forms of exploitation, violence and abuse, including their gender-based aspects, within and outside the home.
     
17. Article 17: Integrity of the person Every person with disabilities has the right to respect for his or her physical and mental integrity on an equal basis with others.
     
18. Article 18: Liberty of movement and nationality They have the right to nationality. Children with disabilities have the right to name and to know and to be cared for by their parents.
     
19. Article 19: Living independently and being included in the community All people with disabilities should live independently in their communities. A person with a disability should be empowered to make decisions about where he or she can live and with whom he or she can live, and resources must be available to facilitate that.
     
20. Article 20: Personal mobility Countries shall adopt all appropriate and effective measures to facilitate the personal mobility of persons with disabilities in the spirit of independence and autonomy, and at affordable cost. Persons with disabilities have equal rights to access accurate and independent information as well as sign languages and other forms of live assistance and intermediary services.
     
21. Article 21: Freedom of expression and opinion, and access to information This includes freedom to seek, receive and impart information of all kinds, regardless of frontiers, orally, in writing or in print, in the form of art, or through any other media of one's choice and through any media and any channel, like accessible formats and technologies, sign languages, Braille, augmentative and alternative communication, mass media and all other accessible means of communication.
     
22. Article 22: Respect for privacy People with disabilities must have a right to privacy. Information concerning the private lives and health of people with disabilities should be confidential.
     
23. Article 23: Respect for Home and Family People with disabilities have the right to marry and to found a family. Countries should provide appropriate support measures necessary to assist people with disabilities in completing their education and should provide alternative education arrangements for children with disabilities whenever necessary, taking into account such individual's needs at different ages.
     
24. Article 24: Education All peoples with disabilities have equal access to education. States have to ensure that all persons with disabilities can access an inclusive, quality and free primary and secondary education in their own community. It has to provide reasonable accommodation and individualized support to ensure maximum academic and social development.
     
25. Article 25: Health Everyone with disabilities has the right to enjoy the highest attainable standard of health without discrimination. States parties shall take appropriate and effective measures to ensure that individuals with disabilities have equal access to the same range, quality, and standard of health care as other persons, in establishments for health developing close to communities.
     
26. Article 26: Habilitation and rehabilitation Countries shall adopt measures embodying appropriate procedures that make effective habilitation and rehabilitation services available to people with disabilities, with a view to achieving that degree of independence which their conditions indicate to be attainable.
     
27. Article 27: Work and employment Countries shall take appropriate and effective measures, within the framework of general economic and development policies, to eliminate every form of exploitation of, and discrimination against, women. People with disabilities have the right to work, meaning they have the right to work in an environment that is open, inclusive and accessible. Countries should undertake appropriate measures to enhance work opportunities and career development for people with disabilities.
     
28. Article 28: Adequate Standard of Living and Social Protection People with disabilities have the right to an adequate standard of living including food, water, clothing and housing, and to effective social protection including poverty reduction and public housing programmes.
     
29. Article 29: Participation in political and public life People with disabilities have the right to participate in politics and in public affairs, as well as to vote, to be elected and to be effectively represented.
     
30. Article 30: Participation in cultural life, recreation, leisure and sport
    People with disabilities have the right to participate in cultural life on an equal basis with others, including access to cultural materials, performances and services, and to recreational, leisure and sporting activities.
     
31. Article 31: Statistics and data collection
    Countries should collect information about people with disabilities, with active involvement of people with disabilities, so that they can better understand barriers they face and make Convention rights real.
     
32. Articles 32-50
    Articles 32-50 set out obligations of the countries that are parties to the Convention on its observance of giving full effect to it. Further, articles 32-50 set out the obligation of the countries reporting to the United Nations Committee on the Rights of Persons with Disabilities on how it is putting the Convention into effect.

ACTs for the Welfare of Disabled Persons:

• The Rights of Persons with Disabilities Act, 2016
• The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
• Rehabilitation Council of India Act, 1992
• The Persons with Disabilities Act, 1995

The Persons With Disabilities Act, 1995:

The Persons with Disabilities Act of 1995 came into force on February 7, 1996. It is an important landmark that offers the handicapped equal opportunities and full participation in the country's development. The Act contains preventive and promotional aspects of rehabilitation, which comprise education, employment and vocational training, unemployment benefits to handicapped individuals, research and manpower development, and reservations.

Primary Provisions of the Act are the following:

• Early Disability Detection and Prevention
• Education
• Employment
• Nondiscrimination
• Social Security
• Research and Human Resource Development
• Redress of Complaint

The Rights Of Persons With Disabilities Act, 2016

The RPwD Act was enacted in 20162 and came into effect on April 19, 2017. It replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995. Under the RPwD Act, every person with a disability has the right to live his life with dignity, free from discrimination, and equal opportunities.

The RPwD Act guarantees a few rights;
Persons with disabilities have the right to respect for integrity, equality and dignity:

• The concerned government shall, under section 3(1) of the RPwD Act, ensure people with disabilities are equal to others, including having a dignified existence and respect for their integrity.

The Act guarantees the rights of women and children with disabilities:

• As per Section 4, the government and other local authorities shall do their best to ensure that women and children with disabilities receive equal treatment from all.
• Every child with a disability has the right to express his views freely on any matter of concern to him, and help shall be provided for this purpose, having regard to his age and disability.

Individuals with disabilities have the right to live in the community:

• Section 5(2) of the Act reads, "The appropriate Government shall take every effort that persons with disabilities have access to a range of in-house, residential and other forms of community support service including personal assistance required to support living with due consideration for age and gender, and are not compelled to live in any particular living arrangement."

The Act protects disabled individuals from being subjected to cruel, inhuman, or degrading treatment.

This encompasses torture:

• Under Section 6 of the Act, the government is to take measures to put an end to torture as well as cruel, inhuman, or degrading treatment.
• No person with a disability shall be made subject to any scientific research without free and informed consent from that person, with prior approval from the Committee for Research on Disability using accessible language, means, and formats.

United Nations Charter on International Human Rights

The United Nations is an intergovernmental organization founded upon the United Nations Charter of 1945.

According to Article 55, the United Nations shall promote through the General Assembly:

• Conditions in which people enjoy freedom from fear and want.
• That all peoples can live together in peace and security as equal members of the family of nations.
• That all peoples may freely pursue their economic, social, and political development according to their own desires and objectives, in equal cooperation with one another.

The objectives include:

1. Better standards of living, employment, and opportunities for social and economic improvement and progress.
2. Industry-wide cultural and educational exchange and solutions to international problems in the fields of health, social, economic development, and related matters.
3. Human rights and fundamental freedoms must be respected and observed in all respects for everybody without any distinctions as to race, sex, language, religion, political, or other opinions.

Declaration of the Rights of Disabled People

The United Nations General Assembly adopted the Declaration of the Rights of Disabled Persons on December 9, 1975, during the 3447th resolution. The rights provided under this declaration shall be exercisable by the disabled person without exception or discrimination:

• Regardless of cause, type, and severity of their impairments, people with disabilities share the same basic rights and are entitled to respect for their human dignity.
• People with disabilities have the same civil and political rights as anyone else.
• They have rights to policies that would help them be as independent as possible.
• According to their capabilities, disabled people are entitled to employment and occupation, or the ability to gain and retain employment or work in a fulfilling, remunerative, and productive occupation.
• They have the right to unionize and enjoy economic and social protection.
• People with disabilities have the right to participate in every aspect of community living, artistic, and recreational activity without limitation, including living with their family members or foster parents.
• All persons with disabilities shall be free from discrimination, abuse, degrading treatment, or exploitation.

Provisions of the Declaration include:

1. A "disabled person" is defined as a person who lacks the physical or mental capacity to provide for the needs of a normal person and/or social life.
2. Irrespective of "race, colour, sex, language, religion, political or other opinions, national or social origin, state of wealth, birth," or any other status, a nondiscrimination clause applies the rights of all disabled people.
3. The claim Anna makes about the human dignity of crippled people.

The Convention on the Rights of Persons with Disabilities
This Convention on the Rights of Disabled was established by the United Nations in order to provide protection to the rights and dignity of individuals with disabilities. The parties to this convention shall ensure that persons with disabilities are effectively put on equal footing under law and fully enjoy the promotion, protection, and enjoyment of human rights.

According to its charter, the freedom, justice, and world peace are based upon recognition of the inherent value and dignity of every member of the human family as well as their equal and inalienable rights. In a similar manner, the UN has institutionalized international agreements on economic, social, and cultural rights, as well as a universal declaration of human rights. This convention should substantially reduce the serious social disadvantage that people with disabilities face and promote their equal inclusion in civil, political, economic, social, and cultural life in all regions, both developed and developing.

The Convention on the Rights of Persons with Disabilities addresses issues, like the general principles that ought to guide the promotion and protection of the rights of disabled people or the commitments made by State parties in implementing policies. This is now supplemented by a new protocol which enables the Committee on the Person with Disabilities to receive and consider communications from, or on behalf of, individuals or groups of individuals, under the belief that any State party has acted in breach of the provisions of the convention.

UNDESA On Disability
The United Nations Programme on Disability/Secretariat for the Convention on the Rights of Persons with Disabilities (SCRPD) is located in the Division for Social Inclusive Social Development (DISD) within the United Nations Department of Economic and Social Affairs (UNDESA).3

Mission Statement
The global mission will address the rights and empowerment of people with disabilities under a holistic mandate provided by the World Programme of Action from 1982, Standard Rules from 1994, and the Convention on the Rights of Persons with Disabilities 2006, as well as other relevant human rights and development instruments.

In the United Nations system, Focal Point on Disability work is directed at:

• Support inter-governmental bodies, including the General Assembly and ECOSOC;
• Serve the Conference of State Parties to the Convention on the Rights of Persons with Disabilities;
• Promote the international normative framework on disability;
• Implement international norms and standards relating to disability at national, regional, and international levels; technical cooperation;
• Support the mainstreaming of disability in the development agenda, including the SDGs and other internationally agreed development goals;
• The United Nations Inter-Agency Support Group on the Convention on the Rights of Persons with Disabilities, IASG.

Case Laws:

• Jared Abiding v. Union of India
  In this case, the Supreme Court ordered Indian Airlines to provide 80% compensation to those suffering from locomotor disabilities as such people are to be subjected to inconvenience and harassment while traveling by train, more particularly to distant places.
• National Federation of the Blind v. UPSC
  A judgment was made by the Supreme Court that the agency could be directed to permit blind persons to appear for the exams for Indian administrative and allied services.
• Government of NCT of Delhi v. Bharath Lalmeena
  The Delhi High Court held that people with disabilities can also be appointed as physical education teachers provided they have undertaken prescribed training and are qualified.
• Pranay Kumar Podder v. State of Tripura
  The Court ruled that institutes should keep and fulfill the 3% reservation of people with disabilities, which should be presented to the relevant authorities. The Court also ruled that denying education facilities discriminates against people with disabilities.
• The Persons with Disabilities Act, 1995
  This law ensures that children with a disability are not legislated to pay for their education till they are 18 years old. This law further compels the government to provide integrated education as well as special schools.
• Udhavji Anandji Ladha and Ors. v. Bapudas Ramdas Darbar
  This Bombay High Court has ruled that there is no Section in the Limitation Act which provides for any "intervening" legal disability.
• National Scholarships for Persons with Disabilities
  This scheme provides scholarships to students with disabilities for undergoing post-matric professional and technical courses.
   
• Other cases related to disability rights:
  • P.Divya v. The Secretary to Government
  • Maleshkumar Ishwarbhai Sengal v. State Of Gujarat
  • Vikash Kumar v. Union Public Service Commission
  • Rajneesh Kumar Pandey v. Union Of India
  • Shobha Gopalakrishnan v. State Of Kerala
  • Rakesh Kumar Kalra Deaf Divyang v. State Govt Of Nct Delhi

Indian Policies:

• The 2006 National Policy for People with Disabilities. In February 2006, the Indian government cleared a national policy on disability people that addresses their economic, educational, and physical rehabilitation.
• National Policy recognizes people with disabilities as very essential human resources for the nation and promotes conditions where they can fully integrate into society, gain equal opportunities, and have their rights protected.
• Among the areas mentioned by the policy are:
  • Prevention of impairments
  • Rehabilitative Actions
  • Disabled women
  • Disabled children

Conclusion
Disability is the term whereby the disadvantage or limitation on activities brought about by the way society is structured and pays little or no attention to those who have mental, physical, or sensory disabilities. Unless the need for their condition requires so, disabled people should not be treated differently from other residents of their home. Living conditions should be on par with those of a person the same age in the event they are housed in a special institution. Legal aid professionals should be available to and accessible to disabled persons as may be necessary.

The Rights of Persons with Disabilities Act, or RPwD for short and passed in 2016, is one such progressive statute that brings about economic and social equality for them with impairments while putting into place non-discrimination measures that assist keep people's dignity intact. Disability can impair not only one's natural manner of life but also one's strength and power-an awful side of human life.

The government should create more job opportunities for disabled people and introduce more social security programs for them. People with disabilities should be fully aware of their rights, as should their families and communities. Their mental and physical health should be considered in court procedures.

In matters of issues related to their rights, opinions, and views of organizations should be taken regarding disabled people. A number of disability-related programs and conferences are able to provide equal opportunities to the disabled segment with success.

Also Read:

• Disability and Education in India
• Rights of the disabled
• Rights of Persons with Disabilities Act, 2016
• The Rights of the Disabled