Category: Legal Capacity

Opinion on the Pending Question posed in the Explanatory Note to the Working Draft of the Rights of Persons with Disabilities Act and the Memorandum on the Disability Code by Prasanna Pincha

December 31, 2010
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Filed under: Disability Code,Legal Capacity,New Law,Press

A brief note This brief note contains my reflections against the backdrop of an on-going debate on whether there should be only one comprehensive legislation or one common/comprehensive legislations and other specific legislations on disability rights. The signed opinion of Justice A P Shah retired Chief Justice of the Delhi High Court is the recent....

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Supporting the Participation of ALL : The New Law on Rights of Persons with disabilities

December 22, 2010
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Filed under: Legal Capacity,New Law

by Ajey Sangai India ratified the United Nations Convention on the Rights of Persons with Disability on October 1, 2007 without any reservation. This was a commitment not only to the UN, but to 22-million strong community of people with disabilities in India.Social prejudices with legal reinforcements have institutionalised incapacity for persons with disability; consequently....

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Initial comments and observations on the new draft law by Prasanna Pincha

December 18, 2010
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Filed under: Legal Capacity,New Law

Of late, I have finished taking a quick and cursory look at the new draft law (the working draft as it has been aptly described) which has been updated following conclusion of the last two-day meeting of the new law committee constituted for the purpose of developing a new legislation to replace the existing PWD....

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Realizing Constitutional Values in the New Draft law on Disability

December 14, 2010
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Filed under: Legal Capacity,New Law

Constitutions and legislations very often find themselves in antagonistic roles. Where on the one hand the Constitution outlines the lofty aspirations of its framers, and consequently of the nation itself, where rights and duties are placed on a pedestal and assured guarantee – statutes are often the tools by which these rights and guarantees are....

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