After India ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which came into force in 2008, there was a clear need to overhaul the existing disability laws in India to bring them in compliance with the UNCRPD. It is in pursuance of this that the Mental Health Act 1987 (“MHA”) is sought to be replaced the new Mental Health Care Bill 2012 (“2012 Bill”). This is a brief overview of the 2012 Bill.
India’s ratification of the United Nations Convention on Rights of Persons with Disabilities (“CRPD”) marks a significant step in the development of Indian disability law. The Convention provides a rights-based approach through a social model of defining disability as contrasted with the medical model as prescribed under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995.
Once again, the High Court of Karnataka stood up for and protected the employment rights of the blind and persons with low vision. A Division Bench consisting of Chief Justice Kehar and Justice Ashok B. Hinchgiri recently heard several petitions filed by Akhila Karnataka Andha Shikshakarugala Sangha AKAS and National Federation of the Blind (NFB) challenging Karnataka Government Notifications which excluded the blind and low vision persons from being selected for the post of primary school teachers. The series of petitions were allowed in terms of the previous Order of the High Court on 29 June 2007. This requires the Government to immediately select and appoint the blind and persons with low vision for teaching posts under the notifications.