• Sunil Kumar Mishra

The Constitution of India applies uniformly to every legal citizen of India whether they are healthy, disabled, Men or women. Part III, Article 12 to 35 of the Indian Constitution guarantees basic fundamental rights to its citizen. The Constitution secures to the citizens including the disabled, a right of justice, liberty of thought, expression, belief, faith and worship, equality of status and of opportunity and for the promotion of fraternity. Article 15 states, not to discriminate against any citizen of India including women with disabilities on the ground of race, caste etc. India is committed for the protection of these rights and dignity of women in including disabled women under legal frame work of various international convention such as Elimination of All Forms of Discrimination against Women (CEDAW) in 1993 and human rights instruments committing to equal rights to women. To uphold the Constitutional mandate, the State has enacted various legislative measures intended to ensure equal rights, to counter social discrimination and various forms of violence and atrocities and to provide support services especially to women with disability. Comprehensive legislation is fundamental for an effective and coordinated response to fight against violations of the rights of women with disabilities. Appropriate governments have clear obligations under international law to enact, implement and monitor legislation addressing all forms of violence against women with disabilities. Over the past two decades, many States have adopted or revised legislation on violence against women with disabilities. However, significant gaps remain. The legislative provisions addressing to prohibit violence and discrimination against disabled women lacks adoption, enforcement and implementation. Domestic violence, sexual harassment, discrimination at work place, discarding - employment, promotion, education, basic health facilities and sanitation are various form violation of basic human rights for women with disabilities. These women with disabilities are dumped by their family members. Either they are left to wander on streets or they are forced into special institutions where they have to face physical and mental trauma. According to a report published by Commission for Human Rights in India found that disabled women who are forcibly admitted to government institutions and mental hospitals suffer grave abuses. In order to align national legislation with the CRPD, the government has introduced two bills, the Mental Health bill and the Right of Person with disability bill. However, they do not fully guarantee women and girls with disabilities the right to legal capacity and the right to independent living, as required by the treaty. There is an immediate requirement to address this grave discrimination and exploitation of the rights for women with disabilities. Violation of their basic fundamental rights should be treated and a heinous crime. It should be backed up by strong legislation and punishment so as to bring justice these especially abled women.

Legislation CRPD, Constitution, disability

"Violation of Women’s rights with Disability treat as Criminal Offense (RPWD Act 2016)", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 6, page no.883-888, June-2019, Available :http://www.jetir.org/papers/JETIR1906560.pdf

"Violation of Women’s rights with Disability treat as Criminal Offense (RPWD Act 2016)", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 6, page no. pp883-888, June-2019, Available at : http://www.jetir.org/papers/JETIR1906560.pdf