Incorporation of the United Nations’ Convention on the Rights of Persons with Disabilities into Indian Law Through the Rights of Persons with Disabilities Act, 2016 and the Mental Healthcare Act, 2017

This chapter focuses on the incorporation of the United Nations’ Convention on the Rights of Persons with Disabilities (CRPD) into Indian law, chiefly through the Rights of Persons with Disabilities Act, 2016 and Mental Healthcare Act, 2017. It examines the extent to which Indian legislation meets CRPD requirements relating to ‘equality and non-discrimination’ (CRPD Article 5), ‘women with disabilities’ (Article 6), ‘children with disabilities’ (Article 7), ‘awareness-raising’ (Article 8), ‘accessibility’ (Article 9), ‘right to life’ (Article 10), ‘risk and humanitarian emergencies’ (Article 11), ‘equal recognition before the law’ (Article 12), ‘access to justice’ (Article 13), ‘liberty and security of person’ (Article 14), ‘freedom from torture or cruel, inhuman or degrading treatment or punishment’ (Article 15), ‘freedom from exploitation, violence and abuse’ (Article 16), ‘protecting the integrity of the person’ (Article 17), ‘liberty of movement and nationality’ (Article 18), ‘living independently and being included in the community’ (Article 19)Article 19 Living independently and being included in the community, ‘personal mobility’ (Article 20), ‘freedom of expression and opinion, and access to information’ (Article 21), ‘respect for privacy’ (Article 22), ‘respect for home and the family’ (Article 23), ‘education’ (Article 24), ‘health’ (Article 25), ‘habilitation and rehabilitation’ (Article 26), ‘work and employment’ (Article 27), ‘adequate standard of living and social protection’ (Article 28), ‘participation in political and public life’ (Article 29) and ‘cultural life, recreation, leisure and sport’ (Article 30). Overall, Indian legislation addresses the great majority of CRPD requirements although certain areas could be improved (e.g. political rights, liberty of movement, nationality) and greater consideration given to implementation and monitoring.