CRITICAL ANALYSIS OF SECTION 25, 26 AND 34 OF RIGHTS OF PERSONS WITH DISABILITY ACT, 2016 WITH RESPECT TO RIGHTS OF HEMOPHILIC PEOPLE

Main Article Content

SUMIT TAK, ASHISH DESHPANDE, KSHITIJ NAIKADE, APARAJITA MOHANTY, ATMARAM SHELKE

Abstract

Having a healthy life is the right of every human being. The State has to help people live a healthy life and support people suffering from any disease. In this article, the researcher focuses on one of the diseases called Hemophilia. Hemophilia is a bleeding and genetic disorder. It is included in the Rights of People with Disability Act, 2016. It is a highly neglected disease. There is no research from a legal perspective on this topic. This research paper will help understand hemophilia and gaps under the Rights of Persons with Disability Act, 2016. The researcher will analyse sections 25, 26 and 34 of the Act. After studying and analysing all these things, the researcher will apply the doctrinal method and examine some Conventions, Acts, Case Laws, etc. The researcher finds that these sections do not achieve the purpose of this Act or various conventions done to protect disabled people.

Article Details

Section
Public Law
Author Biography

SUMIT TAK, ASHISH DESHPANDE, KSHITIJ NAIKADE, APARAJITA MOHANTY, ATMARAM SHELKE

Sumit Tak1, Ashish Deshpande2*, Kshitij Naikade3. Aparajita Mohanty4, Atmaram Shelke5

1LLM Scholar, Symbiosis Law School (SLS)

2 Assistant Professor, Symbiosis Law School (SLS)

3Assistant Professor, Symbiosis Law School (SLS)

4Associate Professor, Symbiosis Law School (SLS)

5Associate Professor, Symbiosis Law School (SLS)

Symbiosis International (Deemed University) (SIU),
Vimannagar, Pune, Maharashtra, India

References

Anuradha Mohit, Meera Pillai & Pratiti Rungta. (2006), Rights of the Disable. National Human Rights Comission. p.g (10-11). Retrieved from nhrc.nic.in/sites/default/files/DisabledRights.pdf

Centres for Disease Control and Prevention. What is Hemophilia? Retrieved from www.cdc.gov/ncbddd/hemophilia/facts.html

Convention on the Rights of Persons with Disabilities (CRPD), 2008

Gauri Shankar v. Union of India, AIR 1995 SC 55 at 58 : (1994), 6 SCC 349. (P.g no. 879-880 of Indian Constitutional Law- M.P Jain 7th Edition 2014, Publication of Lexis Nexis.) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6482682/

Insurance Regulatory and Development Authority of India. (2018), Blood Disorder. Retrieved from www.irdai.gov.in/ADMINCMS/cms/Circulars_Layout.aspx?page=PageNo3588&flag=1

Joseph Wilson James, Chethan Basavarajappa Thanapal Sivakumar, Ruma Banerjee, and Jagadisha Thirthalli.(2019), Swavlamban Health Insurance scheme for persons with disabilities: An experiential account. Indian J Psychiatry Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6657542/#:~:text=The%20Swavlamban%20Health%20Insurance%20Scheme%20was%20the%20first%20government%2Dsubsidized,insurance%20for%20PwD%20in%20India.&text=Currently%2C%20mental%20retardation%2C%20cerebral%20palsy,Ayushman%20Bharat%3A%20PM%2DJAY www.irdai.gov.in/ADMINCMS/cms/Circulars_Layout.aspx?page=PageNo3588&flag=1

M.P Jain. (2014), Indian Constitutional Law. (7th ed) Lexis Nexis.)

Ministry: Social Justice and Welfare. The Right of Persons with Disabilities Bill, 2014

o Persons with Disabilities (Equal Opportunities, protection of Rights and Full Participation), Act 1995

Prashant Srivastava and Pradeep Kumar. (2015), Disability, Its Issues and Challenges: Psychosocial and Legal Aspects in Indian Scenario. Delhi Psychiatry Journal Vol. 18 No. 1, Retrieved from www.researchgate.net/profile/Pradeep_Kumar142/publication/277139451_Disability_Its_Issues_and_Challenges_Psychosocial_and_Legal_Aspects_in_Indian_Scenario/links/5c3a192892851c22a36fa110/Disability-Its-Issues-and-Challenges-Psychosocial-and-Legal-Aspects-in-Indian-Scenario.pdf;Retrieved from www.prsindia.org/billtrack/the-right-of-persons-with-disabilities-bill-2014-3122

Suresh Bada Math, Guru S. Gowada and others. (2019), The Rights of Persons with Disability Act, 2016: Challenges and opportunities. Indian J Psychiatry. Retrieved from www.indianjpsychiatry.org/temp/IndianJPsychiatry61108094894073_133540

The Persons with Disabilities Act of 1995. (2016), Retrieved from yourstory.com/2016/05/disabilities-act-simplified#:~:text=The%20government%20of%20India%20has,force%20on%20February%207%2C%201996

The Rights of Persons with Disability Act, 2016.

Uma Jadhav, Kanchan Mukherjee, Anil Lalwani, (2014) Ethical issues in the care of persons living with haemophilia in India. Indian J Med Ethics Retrieved from https://ijme.in/articles/ethical-issues-in-the-care-of-persons-living-with-haemophiliain-india/?galley=html

World Hemophilia Federation- Introduction to hemophilia, Retrieved from elearning.wfh.org/elearning-centres/introduction-to-hemophilia/#what_is_hemophilia

Books and Journals articles

Indian Constitutional Law- M.P Jain 7th Edition 2014, Publication of Lexis Nexis.

V.N.Shukla’s Constitution of India- Twelfth Edition 2016, Publication of Eastern Book Company.

Mason and McCall Smith’s Law and Medical Ethics- J.K. Mason and G.T.Laurie , 7 th Edition 2006, Publication Oxford University Press.

Rajendra Pratap Gupta, Health Care Reforms in India: Making up for the lost decades, Publication: Elsevier, Reed Elsevier India Pvt. Ltd. Year 2016..)