ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Jayna KothariSubscribe to Jayna Kothari

The UN Convention on Rights of Persons with Disabilities: An Engine for Law Reform in India

Questions have been raised by disability activists about whether the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, which is more in the form of a social welfare legislation, is adequate to guarantee people with disabilities equal rights for participation in society as fully equal citizens. This question becomes important in the light of the recent United Nations Convention on the Rights of Persons with Disabilities, which India has signed and ratified. This paper discusses two major aspects of the un Disabilities Convention: first, the intermingling of positive and negative obligations, and, second, the introduction of the social model of disability. It examines the manner in which the international treaty obligations have been borrowed and relied upon by Indian courts. It also emphasises the important concepts, which can be borrowed from the un Convention in order to strengthen disability law in India.

Criminal Law on Domestic Violence

Domestic violence needs a coordinated and systemic response from the justice system. While Section 498A of the Indian Penal Code is one of the most significant criminal law reforms protecting women�s rights, it is not enough. We need to remember that criminal law is indeed a blunt tool for it is difficult to change police culture; though the law may consider domestic violence against women an offence, the police may still not comply and implement it effectively. In order to move towards an effective working of Section 498A, it is crucial that we adopt a new model of policing � the victim empowerment model, which will put in place pro-arrest procedures and social service networks at the police station. It is also important to have civil law remedies to provide protection to women victims of domestic violence and the recently passed Protection of Women from Domestic Violence Bill, 2005 is significant in that context.
Back to Top