Legal Capacity and Supported Decision-Making Lessons from Some Recent Legal Reforms in disability rights.

As we all are aware the Indian Constitution is the longest Constitution in the entire world, and it comprises of various laws which allow the state to function as one. Although, what we as citizens of India tend to forget from time to time is that we are the reason why this country is running the way it is. Indian subcontinent comprises of various ethnic groups, and all these ethnic groups come together and live harmoniously together, this is one reason why anyone who visits India will find a different kind of unity amongst all the individuals. This does not only apply to various ethnic groups, but also to various individuals. The thing with our lawmakers was that they decided to take into account everything in terms of past, present and future and make the law in a way that every individual can live peacefully. This allows every individual to actually feel valued by the constitution.

This paper is dedicated to the section of the society which is often looked down upon because of a few disabilities and not given the same opportunities as they’d deserve. Our legal system sees every citizen as an equal, but we cannot completely nullify the fact that some citizens require a certain push to be treated as equals; and thus, there are a few provisions in the constitution that enable disabled people in being better part of the society.

Under the constitution the disabled have been guaranteed a few fundamental rights which cannot be taken from them under special circumstances, they are as follows-

Constitution ensures that the right to justice, liberty of thought, expression, belief, faith, and worship, equality of status and of opportunity and for promotion of fraternity are guaranteed.
Article 15(1) makes sure that all the citizens of India, including the disabled are not discriminated on the basis of religion, race, caste, sex or place of birth.
Article 15(2) ensures that no citizen including the disabled are subjected to disability, liability, restriction or condition on any of the above grounds in the matter of their access to shops, public restaurants, hotels, and places of public entertainment or in the use of public wells, tanks, bathing ghats, highways, and places of public enjoyment that are funded entirely or partially by the government and dedicated to the general public’s use. Women, children, and people from socially and educationally disadvantaged groups, such as Scheduled Castes and Tribes, may be eligible for special laws or rules enacted by the government.
No person including the disabled can be treated as an untouchable, it is a punishable offence under the law provided under Article 17 of the Constitution.
Every person including the disabled have their life guaranteed under the Article 21.
There can be no form of traffic in human being, and beggar and other forms of forced labour is prohibited and punishable under Article 23.
Article 24 prohibits admission of children under 14 years of age as a worker.
Article 25 guarantees every citizen including the disabled with the right to freedom of religion.
Every disabled person can move to the supreme court if there is any kind of hinderance in his/her fundamental rights as guaranteed by Article 32.
No disabled person can be deprived the right to owning a property, unless it is done by the authority of law. Any unauthorised deprivation can result in legal action.
Every individual, including disabled, can cast their vote on attaining the age of majority.

Education laws for disabled

Right to education being a fundamental right, it is ensured to each and every citizen under Article 29(2) of the constitution. It states that no individual, including the disabled, can be denied admission in the state-run education department on the basis of caste, race, religion or language. Article 14 also mentions free and compulsory education for children under 14 years of age.

Health laws

Article 47 of the Indian constitution imposes a primary duty on the government to ensure that they raise the level of nutrition and standard of living of its own people and improve the public healthcare system. The health laws in India have special provisions for the disabled, one such major provision can be seen in the Mental Health Act.

Family Laws

There are various laws enacted by the government for different communities, and each of these laws applies equally to the disabled individuals of the community. The following is a list of circumstances that will disable an individual from undertaking a marriage-

Where either part is an idiot or lunatic.
Where one party is unable to give consent due to unsoundness of mind for procreation of children.
Unless approved by custom or practise, where the parties are in a banned relationship or sapindas of each other.
If one of the parties has a live spouse.

The disabled are covered under the Child Marriage Restraint Act of 1929, as revised in 1978, which prohibits the solemnization of child marriages. Under the Guardian and Trusteeship Function, a disabled person cannot act as a guardian of a minor.

If the handicap is severe enough that no one can act as a guardian for the youngster, the Wards Act of 1890 applies. The Hindu Minority and Guardianship Act of 1956, as well as Muslim Law, take a similar stance.

Succession laws for the disabled

Under the Hindu Succession Act, 1956 which applies to all Hindus, it has been specified that any kind of physical disability or deformity will not disentitle a person from inheriting ancestral property. Similar is the case with the Indian Succession Act, 1925 this applies to intestate and testamentary succession, there is no provision in the act that deprives the disabled of inheriting ancestral property. The position with regard to other religions is also similar, a person with a disability can in fact dispose of their property by writing a will given that they understand the consequences of writing a will.

Labour Laws for the disabled

The interests of the disabled are not adequately defined in labor law, but statutory instruments, such as rules, regulations, and standing orders, have provisions that address the disabled’s relationship with their employer.

Judicial Procedure for the disabled

The design act, 1911 deals with laws pertaining to the protection of designs, any person having jurisdiction with respect to the property of a disabled person, wherein the person is unable to make any statements or do anything as required by the act, the court may appoint under section 74, to make such statement or do such a thing in the name and behalf of another person, but it is to be seen that the person mentioned here is disabled mentally or physically.

Income Tax concessions

Relief for handicapped is provided in the Income Tax, it is mentioned below-

Section 80 DD- A deduction is allowed under Section 80 DD for medical care (including nursing), training, and rehabilitation of handicapped dependants incurred by an individual or Hindu Undivided Family resident in India. The deduction limit has been increased from Rs.12000/- to Rs.20000/- to reflect the higher expense of such maintenance.
Section 80 V- A new section 80V has been added to ensure that a parent whose income of a permanently disabled kid has been combined under Section 64 is eligible for a deduction of up to Rs.20000/- under Section 80 V.
Section 88 B- An additional refund from the net taxes due by a citizen who has reached the age of 65 is provided by this provision. It has been revised to enhance the refund from 10% to 20% in circumstances where the aggregate overall revenue doesn’t quite surpass Rs.75000/- (as opposed to the previous limit of Rs.50000/-).

The person with disabilities (equal opportunities, protection of rights, and full participation) act, 1995

The Person with Disabilities Act, 1995 came into effect on February 7th, 1996. It is a major step that was taken with the sole purpose of ensuring equal opportunities for the people with disabilities and making sure that they participate fully in nation-building. The act provides for both the preventive and promotional aspects of rehabilitation, like education, employment, vocational training, reservation, research and manpower development, creating a barrier-free environment, rehabilitation of persons with disability, unemployment allowance for the disabled, special insurance for the disabled, and establishment of houses for people with severe disabilities.

Mental Health Act, 1987

Under the Mental Health Act, 1987 mentally ill persons are entitled to the following rights-

A right to be admitted and treated in a psychiatric hospital or a psychiatric nursing home established or maintained by the government or any other person for the treatment and care of the mentally ill.
Minors under the age of 16 who have been addicted to drugs or alcohol and developed any mental issues, and have been convicted of the same, have a right to be treated in a government psychiatric home or hospital.
Mentally ill people have the right to government-provided mental health care that are controlled, directed, and coordinated. The Act’s Central Authority and State Authorities are in charge of regulating and issuing licences for the establishment and operation of psychiatric institutions and nursing homes.
Mentally ill people can voluntarily enter such hospitals or nursing homes, and minors can do so through their guardians. The family of the mentally ill person can apply for admission on his or her behalf. Applications for such (reception) orders can also be made to the local magistrate.
Mentally ill people have the right to be discharged and to ‘leave’ a mental health facility if they are cured, according to the Act’s requirements.
When mentally ill people hold property, including land, that they can’t manage themselves, the district court must preserve and secure the property’s management by transferring it to a “Court of Wards,” appointing guardians for the mentally ill people, or appointing managers for the property.
Unless such costs have been agreed to be borne by the relative or other person on behalf of the mentally ill person and no provision for such maintenance has been made by order of the District Court, the state government shall bear the costs of maintenance of mentally ill persons detained as in-patients in any government psychiatric hospital or nursing home. Such expenses may be covered by the mentally ill person’s inheritance.
If he has no means to employ a legal practitioner or his circumstances merit it, a mentally ill person may be entitled to the services of a legal practitioner by order of the magistrate or district court in relation to proceedings under the Act.

Rehabilitation Council of India Act, 1992

The act ensures good quality of services which are being rendered by any rehabilitation personnel, the list of the guarantees is as follows-

To have the right to be trained and qualified rehabilitation professionals whose names are borne on the register which is maintained by the Council.
To have the guarantee of minimum standards of education maintained in the universities or other institutions in India, for recognition of rehabilitation qualification.
To have the guarantee of maintenance of standards of professional conduct and ethics by rehab professionals in order to protect against penalty or disciplinary action and removal from the Register of the Council.
To have the assurance that the profession of rehabilitation professionals would be regulated by a statutory council under the jurisdiction of the central government and within the statute’s limitations.

Conclusion

With all that being said, we can infer that the Indian Judiciary system revolves and works a lot around the fundamental rights and upholding such fundamental rights. The entire system has seen a lot of breakthroughs, and on this very day has come to the point where each and every breakthrough symbolizes a particular meaning; without each of the judgments, the judiciary would not be what it is today. It should further be noted that the India Judicial system does not discriminate on the basis of anything. If so, were the case the entire constitution would be ironic to itself and there will be no sense in it. Also, it should be noted that the rights of disabled individuals have been given special standings in the Constitution of India. There are special provisions made in the constitution that make it easier for these individuals to be in the constant purview of the law and take benefit of all the provisions which apply to the disabled. With that being said, we can all agree that the Indian Judicial System is one to always uphold equality and constantly provide for each and every citizen in the most efficient way possible.