Human rights of persons suffering from intellectual disabilities in India with special reference to UT Chandigarh

Abstract

In the present research, the researcher in the first chapter has highlighted the delay in the recognition of the definition of intellectual disability and the difference between intellectual disability and mental retardation. This lack in terms of awareness often leads to the infringement of the rights of persons with intellectual disabilities. The second chapter revolves around the international and national framework for the protection and upliftment of the rights of persons with intellectual disabilities. The policies and schemes framed by the Department of Empowerment of Persons with Disabilities have also been discussed in the chapter. Further, the third chapter revolves around the violation of the human rights whereby the researcher has identified the core areas where the violation takes place and supported them with the plight of persons with intellectual disabilities and their family members or care-givers. The role of judiciary in the upliftment of the rights of the intellectually disabled has been discussed in chapter four. When it comes to the rights of intellectually disabled, an empirical study in UT Chandigarh was conducted by the researcher which lead to certain disturbing findings. Some of them are the lack of awareness regarding the term intellectual disability , limited efforts of the government, lack of funds for the proper running of the institutes established for the intellectually disabled, etc. Lastly, the sixth chapter contains the suggestions made by the researcher for the effective implementation of the laws and policies, which shall ensure the protection of the rights of persons with intellectual disabilities. The Constitution of India mandates the Government and policymakers to accord justice to all the members of the society, including the intellectually disabled in all the facets of human activity. This can only be achieved when collective efforts are directed towards the implementation of the policies and awareness is created to curb the negative attitudes of the general public.