Insulting the disabled can land one in jail

2017 January 6

According to the Rights of Persons with Disabilities Act, 2016, which was passed by both houses of the Parliament in the winter session of 2016, insulting, intimidating or assaulting the disabled can land one in jail.

As per this new law, the following acts will become punishable with imprisonment for a period of six months to five years with a fine:

  • intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view;
  • assaults or uses force to any person with disability with intent to dishonour him or outrage the modesty of a woman with disability;
  • having the actual charge or control over a person with disability voluntarily or knowingly denies food or fluids to him or her;
  • being in a position to dominate the will of a child or woman with disability and uses that position to exploit her sexually;
  • voluntarily injures, damages or interferes with the use of any limb or sense or any supporting device of a person with disability;
  • performs, conducts or directs any medical procedure to be performed on a woman with disability which leads to or is likely to lead to termination of pregnancy without her express consent, except in cases where medical procedure for termination of pregnancy is done in severe cases of disability and with the opinion of a registered medical practitioner and also with the consent of the guardian of the woman with disability.

The detailed law can be read at: Insulting The ‘Disabled’ Is An Offence: Rights Of Persons With Disabilities Act, 2016 Comes Into Force

Here is the link to the gazette notification: http://www.disabilityaffairs.gov.in/upload/uploadfiles/files/RPWD%20ACT%202016.pdf

Thank you, Justice M R Hariharan Nair (Pallium India’s legal advisor), for directing us to this news.

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