PSYCHOSOCIAL DISABILITY2014

(A Resource Book on perceptions about psychosocial disability, information and

legal provisions pertaining to it)

KOSHISHNational Mental Health Self-Help Organization

PSYCHOSOCIAL DISABILITY, 2014

(A Resource Book on perceptions about psychosocial disability, information and legal provisions pertaining to it)

ISBN 978-9937-2-8484-4

Publication No. 103

500 Copies Printed

Published on July, 2014

Advisor: Mr. Matrika Prasad Devkota, Chairperson, KOSHISH

Working Team: Ms. Sharmila Parajuli, Mr. Suresh Bhandari, Ms. Susmeera Aryal, Ms. Leela Khanal,

Ms. Saluja Moktan, Mr. Sulav Raj Upreti, Mr. Fanindra Neupane, Ms. Neeti Upreti

Published by: KOSHISH (National Mental Health Self-Help Organization), Lalitpur, Nepal

Publication Aided by:

Open Society Foundations/Foundation Open Society Institute

Printed at Gaurishankar Printing Press, Kathmandu

©All rights reserved with the publisher.

Note: In case there is any difference or confusion on the provisions of Acts and Rules cited in this book, then the authoritative documents of

concerned Ministries and those published from the Kanoon Kitab Byawastha Samiti (Legal Books Management Committee) shall prevail.

FOREWORDKOSHISH is being involved in the advocacy of psychosocial sector continuously for the past one decade.

Moreover, it has been proactive in sensitizing the concerned agencies for realization of their responsibilities

through several dialogues and interactions, as regards the rehabilitation of the women and children affected

by psychosocial health problems due to various forms of violence in their related families or communities,

protection of their fundamental rights, and treatment.

In this course, it has been effectively raising its voice for the amendment and enforcement of some prevailing

and discriminatory laws, Acts and Policies so as to ensure the fundamental freedoms and rights of the persons

with psychosocial disabilities. For instance, for the modification of Directives of Ministry of Health and Population

on the Operation of One Window Crisis Management Centre run for the victims of gender based violence;

and for the enforcement of programs as per Articles 6, 7, 13 and 19 of the UN Convention on the Rights of

Persons with Disabilities (hereinafter “Disability Convention”). KOSHISH has also been presenting an example

of emergency rescue, holistic treatment, psychosocial counseling and familial rehabilitation for the persons

impacted by psychosocial health problems, or those displaced following extreme destitution, women and

children in particular. It has also drawn the attention of National Human Rights Commission, National Women's

Commission and Office of the Prime Minister time and again by filing applications and complaints on behalf of

the persons compelled to live in a wretched condition, after collecting the necessary evidence.

In order to effectively raise this issue, KOSHISH has been generating awareness through advocacy and various

forms of publications. At this premise, it has already published a bi-monthly newsletter, a calendar sensitizing

on psychosocial disabilities and also has run a community radio program for public awakening which have

contributed to the abolishment of traditional misconception prevalent among the masses on psychosocial

disabilities.

As part of this campaign, we have endeavored to publish an investigative Resource Book on psychosocial

disabilities. Definition of psychosocial disabilities, national and international statutory provisions relating to

it, impact on mental health following various forms of violence, the UN Disability Convention and the social

institutions involved in this sector have been effectively encapsulated within this Book.

Overall, I would like to accord full credit for the publication of this Book to Ms. Sharmila Parajuli, Ms. Lila Khanal, Ms. Saluja Moktan, Ms. Susmeera Aryal, Mr. Sulav Raj Uprety, Mr. Fanindra Neupane, Mr. Suresh Bhandari, Mr. Krishna Thapa, Ms. Neeti Upreti and Mr. Yubraj Chand for having incessantly toiled for the preparation of this book.

This is the first publication of KOSHISH. We humbly welcome your valuable comments and suggestions to make necessary corrections and we commit to improve them in future. Thanks to Open Society Foundations for the

financial support for the publication of this book.

-Matrika Devkota Chairperson, KOSHISH

TABLE OF CONTENTS

CHAPTER - 1

DISABILITY AND PSYCHOSOCIAL DISABILITY ----------------------------------------3

Definition of Disability ----------------------------------------------------------------4

Classification of Disability -------------------------------------------------------------4

Psychosocial ---------------------------------------------------------------------------6

Psychosocial Disability ----------------------------------------------------------------6

Mental Health & Psychosocial Disability ---------------------------------------------7

Psychosocial Well-being & Psychosocial Support -----------------------------------7

What is Psychosocial Support? -------------------------------------------------------9

Current Status of Psychosocial Disability in Nepal -----------------------------------9

CHAPTER - 2

CONVENTION ON PSYCHOSOCIAL DISABILITY AND DISABILITIES ---------------- 13

UN Convention on the Rights of Persons with Disabilities ------------------------- 13

Article 1 ------------------------------------------------------------------------------ 13

Article 3 ------------------------------------------------------------------------------ 14

Article 6 ------------------------------------------------------------------------------ 14

Article 12 ----------------------------------------------------------------------------- 15

Article 13 ----------------------------------------------------------------------------- 15

Article 19 ----------------------------------------------------------------------------- 16

Article 25 ----------------------------------------------------------------------------- 16

Article 26 ----------------------------------------------------------------------------- 17

Article 27 ----------------------------------------------------------------------------- 18

CHAPTER- 3

VIOLENCE AGAINST WOMEN AND GIRL CHILD AND PSYCHOSOCIAL HEALTH -- 21

Human Rights and Health ----------------------------------------------------------- 21

Women's Rights ---------------------------------------------------------------------- 22

Gender Based Violence -------------------------------------------------------------- 22

Gender Based Violence & Psychosocial Disability ---------------------------------- 23

End of Violence against Women and Initiatives regarding ... ----------------------- 26

CHAPTER - 4

LEGAL PROVISIONS ------------------------------------------------------------------ 31

CHAPTER - 5

PROVISIONS OF THE DISABLED WELFARE AND

PROTECTION ACT OF NEPAL, 1982 -------------------------------------------------- 41

LIST OF SERVICE PROVIDERS ----------------------------------------------------------

List of Organization ------------------------------------------------------------------ 68

List of Hospitals ---------------------------------------------------------------------- 70

BIBLIOGRAPHY AND SOURCE LINK

CHAPTER - 1

DISABILITY AND

PSYCHOSOCIAL DISABILITY

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DISABILITY AND PSYCHOSOCIAL DISABILITY

Disability is an umbrella term, covering impairments, activity limitations, and participation restrictions. Impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. Thus disability is a complex phenomenon, reflecting an interaction between features of a person’s body and features of the society in which he or she lives. ["Disabilities", World Health Organization (WHO). Retrieved on 11th August 2012]

According to the Disability Handbook published by Ministry of Women, Children and Social Welfare, Government of Nepal, "Disability is the condition of difficulty in carrying out daily activities impairment and in taking part in social life due to problems in parts of the body and the physical system as well as obstacles created by physical, social, cultural environment and by communication."

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others (Article 1, UN Convention on the Rights of Persons with Disabilities, hereinafter “UNCRPD”).

Thus, disability is a physical or mental condition that limits a person's movements, senses, or activities. It may be physical, cognitive, mental, sensory, emotional, developmental, or combination of these. Disability may be present by birth or occur during a person's life time. An individual may also qualify as disabled if he or she has had impairment in the past or is seen as disabled based on a personal or group standard or norm. Mental disorders (also known as psychiatric or psychosocial disability) and various types of chronic disease may also qualify as disabilities.

The Disability Handbook published by Ministry of Women, Children and Social Welfare, Government of Nepal defines and classifies disability in the following manner:

CHAPTER1

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Definition of Disability

Disability is the condition of difficulty in carrying out daily activities normally and in taking part in social life due to problems in parts of the body and the physical system as well as obstacles created by physical, social, cultural environment and by communication.

Classification of Disability

Pursuant to the problems and nature of difficulty in the physical organs and physiology, disability has been classified into the following 7 variants:

1. Physical disability:

It is an impairment which limits the physical function of limbs or fine bone or gross motor ability. It is the problem that arises in operation of physical parts, use and movement in a person due to problems in nerves, muscles and composition and operation activities of bones and joints. For example: polio, cerebral palsy, absence of a body part, effect of leprosy, muscular dystrophy, problem with joints and spinal cord, club feet, rickets, weakness produced due to problem related to bones etc. are physical disability. As defined by World Health Organization (WHO), people with stunted growth also come under this category.

2. Disability related to vision:

Disability related to vision is the condition where there is no knowledge about object's figure, shape, form, and color in an individual due to problem with vision. It is further categorized in two types.

a) Blindness or sightlessness: Any person who cannot distinguish the fingers of his hands with his or her both eyes from a distance of 10 feet or cannot read

Persons with disabilities include those who have

long-term physical, mental, intellectual or sensory impairments

which in interaction with various barriers may hinder their full and

effective participation in society on an equal

basis with others.

(Article 1, UN Convention on the Rights of Persons with Disabilities,

hereinafter “UNCRPD”)

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the letters of first row (6/18) of the Snellen Chart even after treatment such as medication, operation or use of glasses, is regarded as blind or sightless.

b) Low vision or sight: Any person who cannot distinguish the fingers of his hands with his or her both eyes from a distance of 20 feet or cannot read the letters of fourth row (6/18) of the Snellen Chart even after treatment such as medication, operation or use of glasses, is regarded as with low vision or sight.

3. Disability related to hearing:

Problems arising in an individual related to discrimination of composition of the parts of hearing and voice, rise and fall of position, and level and quality of voice is a disability related to hearing. It is of two types:

a) Deaf: Persons who cannot hear, talk unintelligibly, cannot talk or have to use sign language for communication are called deaf. They cannot hear sound even above the pitch of 80 decibels.

b) Hard of hearing: Those who hear faintly however can talk expressly and have to use a hearing aid in their ear(s) are called as hard of hearing. They cannot hear sound between 65 and 80 decibels of pitch.

4. Deaf-Blind: An individual who is without both hearing and vision is a deaf-blind disabled.

5. Disability related to voice and speech: Due to difficulty produced in parts related to voice and speech and difficulty in rise and fall of voice to speak, unclear speech, repetition of words and letters is disability related to voice and speech.

6. Mental disability: Mental disability refers to the incapacity to perform as per the age and circumstances and delay in intellectual learning due to problems arising in intellectual performance of brain and mental organs, and in awareness, orientation, vigour, retention, language and numeracy. It is of the following 3 variants:

a) Intellectual disability: A condition of an individual having difficulty in carrying out activities relative to age or environment due to absence of intellectual development before age of 18 years is intellectual disability/mental retardation.

b) Mental illness: Mental illness is an inability of a person where there is difficulty in living daily life due to mental illness or weakness or deviation.

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c) Autism: Absence of normal behavior in a person in line with physical maturity, display of unnatural reactions, repetition of the same activity, solitariness and acute reaction right from his or her birth is regarded as Autism disorder.

7. Multi-disabilities: In case a person experiences two or more forms of disability, then it is a situation of multi-disabilities.

Psychosocial

The term psychosocial refers to the interrelation between psychological and social experiences in a person (ARC Resource Pack, 2009). Hence, psychosocial disability is invariably related to the psychosocial experiences of an individual.

Psychosocial Disability

The term “Psychosocial Disability” is meant to express a social rather than medical model of conditions and experiences labeled as “psychosocial problem". It is recognition that both internal and external factors in a person’s life situation can affect a person’s need for support or accommodation beyond the ordinary. It includes a wide range of social, emotional, psychologically and spiritual conditions and experiences, not necessarily experienced as impairments, are disabling (International Disability Alliance (IDA), CRPD Forum, 2008).

The World Network of Users and Survivors of Psychiatry defines psychosocial disability as, an interaction between psychological and social/cultural components of our disability. The psychological component refers to ways of thinking and processing our experiences and perceptions of the world around us. The social/cultural component refers to societal and cultural limits for behavior that interact with that psychological differences/madness as well as the stigma that society attaches to labeling us disabled.

There is no single definition of psychosocial disability. Mental health service users and service providers describe this term as disability experience of people with impairments and participation restrictions related to mental health conditions (National Mental Health Consumer and Carer Forum, 20011). They believe that psychiatric or mental disability belongs to the “medical” sphere, and they therefore tend to prefer a distinct separation between illness and disability. The term psychosocial disability differs from the term psychiatric disability in that it places an emphasis on the social consequences of disability whereas psychiatric disability focuses on the medically defined illness or impairment.

‘Psychosocial disability’ is the preferred term of people in the disability rights movement and is based upon the social model of disability that focuses on barriers hindering the full participation of people with psychosocial disabilities in society (CBM Disability and Development Policy, 2006).

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Psychosocial disability is the barrier to participate in society as political, social, economic, cultural or any other field on an equal basis with others due to psychological and social influence on psychosocial wellbeing.

People with psychosocial disability are said to be ‘Users’ if they have experienced mental illness and are accessing mental health services and supports. Those that have overcome their psychosocial problem and come out the other side of the services being able to manage their condition are said to be ‘Survivors’ of psychiatry. Whether or not they are ‘Users’ or ‘Survivors’, everybody that has experienced mental disorder faces prejudice, stigma, discrimination and often abuse. This negative social attitude is the basis of why the term psychosocial disability is used

Mental Health & Psychosocial Disability

Mental Health is a positive concept. WHO proposed that mental health is not just the absence of psychosociaproblem. It is defined as a state of well-being in which every individual realizes his or her own potential, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to his or her community. Mental Health is about:

• How we feel about ourselves?

• How we feel about others?

• How are we able to meet the demands of life?

Psychosocial Well-being & Psychosocial Support

The term psychosocial reflects the dynamic relationship between psychological and social processes. Psychological processes are internal; they include thoughts, feelings, emotions, understanding and perception. Social processes are external; they are comprised of social networks, community, family and environment (Williamson, et al., 2006). Psychology refers to the way of thinking and interaction with people. Psychosocial factors may be used to determine the well-being of a community. This term is used to describe the influence of social factors on mental health and behavior.

The term psychosocial reflects the close relationship between psychological and social processes. They mutually influence each other. The ‘psychological’ effects are caused by a range of experiences that affect the emotions, behavior, thoughts, feelings, understanding and perception. Social effects are the shared experiences of disruptive events that affect the relations between people – not only as a result of the events but also of death, separation and sense of loss. It is important to remember that what

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happens in one of these areas will affect aspects of the others. How we are feeling internally affects how we relate to the environment around us. Similarly, our traditions, customs, and community affect how we feel.

On the other hand 'Well-being' is most usefully thought of as the dynamic process that gives people a sense of how their lives are going, through the interaction between their circumstances, activities and psychological resources (www.nationalaccountsofwellbeing.org). One of the foundations of psychosocial wellbeing is access to basic needs (food, shelter, livelihood, healthcare, education services) together with a sense of security that comes from living in a safe and supportive environment (ARC Resource Pack, 2009).

The Psychosocial Working Group suggests that the psychosocial well-being of an individual is defined with respect to three core domains: human capacity, social ecology and culture & values. These domains map in turn the human, social and cultural capital available to people responding to the challenges of prevailing events and conditions. Human capacity is fundamentally constituted by the health (physical and mental) and knowledge and skills of an individual. In these terms, improving physical and mental health, or education and training in support of increased knowledge, enhances human capacity and thus psychosocial well-being.

However, it is agreed that a model of psychosocial well-being should include and reflect the interconnectedness of the various aspects of overall well-being (Linley, et al., 2009).

As well-being depends on many factors, the term psychosocial well-being points explicitly to social and cultural (as well as psychological) influences on well-being. The use of the term psychosocial is based on the idea that a combination of factors are responsible for the psychosocial well-being of people, and that these biological, emotional, spiritual, cultural, mental and social aspects of experience cannot necessarily be separated from one another. Few people ever achieve a complete sense of well-being – perfection is unattainable, and rarely are all of our needs are met. It is human nature to want more or to push oneself further in some way.

Psychosocial well-being includes positive relationships among person's own thoughts, feelings, emotion, and perception towards social networks, community and environment. To help ensure psychosocial well-being in an individual, the person should be kept active in community activities and feel a sense of independence. Psychosocial well-being can avoid the development of more serious emotional problems and lead to a better quality of life.

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What is Psychosocial Support?

"Psychosocial support is an approach to victims of violence or natural calamity to promote resilience of both communities and individuals. It aims at easing resumption of usually and to prevent pathological consequences of potentially traumatic situations." Learning PlatformPsychosocial support centre)

It is about encouraging better connections between people, and building a better sense of self and community (ARC-Mode F7 Study Material, 2009).

Psychosocial support has its specific challenges and risks, but also has the potential to draw attention to neglected emergencies and make a real change in the fulfillment of individual’s rights. It can help change people into active survivors rather than passive victims. Further, it can prevent distress and suffering developing into something more severe; help people cope better and become reconciled to everyday life; and help beneficiaries to resume their normal lives. Psychosocial support addresses a person's emotional, social, mental and spiritual needs - all essential elements of positive human development.

Current Status of Psychosocial Disability in Nepal

Psychosocial disability is still widely misunderstood and stigmatized. People living with psychosocial disability are often regarded as inferior beings and thus non deserving of being fully included in all aspects of society on an equal basis with others. The lack of understanding stretches to the family and community as well, which leads to being made fun of, shunned, blamed and criticized for being sickfor experiencing extreme emotional distress. Psychosocial disability is generally seen by Nepalese society as the fault of the individual losing control and not as a natural response to trauma or life conditions that can affect anyone of us. Psychosocial disability is not viewed as an illness something that can be accommodated but more as an affliction that is the fault and responsibility of the individual. This view that it is the individual’s fault can mean that people with psychosocial disability try to hide their illness or to suffer in silence. The majority of people with mental/ psychosocial disability in Nepal are not able to access essential health and social care, and Nepal lacks community-based supports that can help people with psychosocial disability be included in and participate in society.

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The Disabled Welfare Act of 1982 has defined psychosocial disability as a mental illness which signifies that though this Act is based on welfare approach and medical system, it has not maintained a rights-based approach. Various Acts, Rules and Policies of Nepal have also provided for persons with psychosocial disability or mental health problems in a discriminatory manner. Derogatory and discriminatory words have been used against them. For instance, a person with psychosocial disability cannot become a member of any organization or association and in case someone develops psychosocial disability later, he or she is immediately discharged from service even when the tenure is still holding. Likewise, persons with psychosocial disability are addressed with humiliating terms such as mad, lunatic, barmy and so on. Thus, at the context of discriminatory approach against the person with psychosocial disability even in a legal manner, it is expedient that the prevailing legal provisions have to be modified if in organizational registration act, contract act etc

CHAPTER - 2

CONVENTION ONPSYCHOSOCIAL DISABILITY AND DISABILITIES

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CONVENTION ON PSYCHOSOCIAL DISABILITY AND DISABILITIES

UN Convention of Rights of Persons with Disabilities

UN Convention of Rights of Persons with Disabilities (UNCRPD) is a convention adopted by the United Nations in 2006. Even in the advent of 21st Century, persons with disabilities did not have a specific human rights instrument that referenced rights in the context of disability. Like other Conventions, the UNCRPD deals with issues of human rights while addressing the issue of social stigma against persons with disabilities prevalent in the society. It embodies 50 Articles out of which 30 Articles pertain to the rights whereas the remaining ones deal with the enforcement of those rights. All the Articles have incorporated psychosocial disability as well. Right from its Preamble, the Convention lays down on the fundamental freedoms and rights of persons with disabilities. The Convention was introduced by the United Nations Organization on 13th December, 2006 and Nepal ratified it on 7th May, 2010.

All the Articles of this Convention have effectively encapsulated the rights of persons with psychosocial disabilities also. Major of its Articles are dealt with hereunder:

Article 1: Purpose

The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

[This signifies that psychosocial disability too is included in the Convention on par with other forms of disabilities.]

CHAPTER 2

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Article 3: General Principles

The principles of the present Convention shall be:

a. Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;

b. Non-discrimination;

c. Full and effective participation and inclusion in society;

d. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;

e. Equality of opportunity;

f. Accessibility;

g. Equality between men and women;

h. Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

[In the context of Nepal, persons with psychosocial disabilities are considered devoid of even their natural dignity. They are denied of right to self -determination. Nepalese society nurtures a discriminatory perspective towards persons with disabilities., and often they are segregated from the society. More than men, women with psychosocial disabilities are more prone to experiencing violence.]

Article 6: Women with Disabilities

a) States Parties recognize that women and girls with disabilities are subject to multiple-discrimination; and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms.

b) States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention.

[Women with psychosocial disabilities are in a far more marginalized condition than other women. The Nepali State has so far failed to address their rights. Matters of their development, advancement and empowerment largely have been ignored. Moreover, they are suffering from reciprocal as persons

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giri and women with psychosocial problem are getting violence and violence is leading toward psychosocial problem violence .

Article 12: Equal Recognition before the Law

1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.

2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.

3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.

4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests.

5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.

[Persons with psychosocial disabilities in Nepal are not equal before the law. They are deemed unqualified for casting votes, to sit as witnesses and for employment. Domestic laws such as the Country Code, 1963 and Interim Constitution of Nepal, 2007 still contain these discriminatory elements.]

Article 13: Access to Justice

1. States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.

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2. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.

[Nepal has not conducted any activities to ensure that persons with psychosocial disabilities have equal access to justice on par with other citizens. The government employees, police and the prison staff are found to be lacking adequate information on the rights of persons with psychosocial disabilities. The State also does not seem to be specifically concerned in this matter]

Article 19: Living Independently and being Included in the Community

States Parties to this Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:

a. Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;

b. Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;

c. Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.

[In Nepal, often persons with psychosocial disabilities are displaced from their families and communities. They are forced to live an abandoned and destitute life on the roads due to non-cooperation and humiliation back at their homes and families. They are being tied in chains and detained in pens in an inhumane manner. Due to segregation from the families and communities several of them have committed suicide or at least tried it. Thus, it is expedient that the provisions of the Convention are better applied in practice. These group of people are treated like others general people.

Article 25: Health

States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. In particular, States Parties shall:

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a. Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programs as provided to other persons, including in the area of sexual and reproductive health and population-based public health programs;

b. Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons;

c. Provide these health services as close as possible to people’s own communities, including in rural areas;

d. Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care;

e. Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted by national law, which shall be provided in a fair and reasonable manner;

f. Prevent discriminatory denial of health care or health services or food and fluids on the basis of disability.

[The health status of persons with psychosocial disabilities in Nepal is pitiable. The reproductive health of women with psychosocial disabilities is even at risk. As the evidence show from research done by safe motherhood 2008/009 shows , suicide is the leading cause 16% of death among women of the ages.

Article 26: Habilitation and Rehabilitation

1. States Parties shall take effective and appropriate measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programs, particularly in the areas of health, employment, education and social services, in such a way that these services and programs:

a. Begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs and strengths;

b. Support participation and inclusion in the community and all aspects of society, are

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voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas.

2. States Parties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services.

3. States Parties shall promote the availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation.

Due to lack of awareness, persons with psychosocial disabilities in Nepal are hidden away. This has resulted in a lack of environment for providing them with counseling and support services through Peer Support Program and form emergency relief support from KOSHISH are being module

Article 27: Work and Employment

1. States Parties recognize the right of persons with disabilities to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to, inter alia:

2. States Parties shall ensure that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forced or compulsory labour.When a person passes through psychosocial problem, he or she is removed from employment. Due to his or her experience, he or she is denied of opportunities. Various organizations, associations as well as government agencies in Nepal have express provisions in their rules and policies of service that once a person encounters psychosocial problems, he or she is relieved of service by providing some compensation through contract act]

CHAPTER - 3

VIOLENCE AGAINST WOMEN AND GIRL CHILD AND PSYCHOSOCIAL HEALTH

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VIOLENCE AGAINST WOMEN AND GIRL CHILD AND PSYCHOSOCIAL HEALTH

1. Human Rights and Health

While talking about the rights of an individual or community, it would be significant to assimilate the holistic concept of human rights as well. Human rights are generally regarded as inalienable basic rights and these rights rest in an individual in a natural state, regardless of being man or woman. Hence, human rights apply in all contexts and regions in a universal manner and are same to each of all. Indeed, these rights are established in national and international laws as natural or statutory rights.

As per the National Human Rights Commission Act, 2012, human rights are defined as the rights conferred by the Constitution and other prevailing laws related to the life, liberty, equality and dignity of a person and the rights embedded in the national and international treaties and conventions, to which Nepal is a party. Several independent agencies and protection bodies have evolved to dispense justice for the aggrieved party during violation of human rights. Various constitutional organs, judicial bodies functioning in the judicial sector, commissions constituted by the government, and apart from these, non-governmental organizations and federations functioning at local and national level are also competent in the preservation of human rights.

The agencies constituted by the government include National Human Rights Commission, National Women's Commission, National Dalits' Commission, National Ethnic and Indigenous People Foundation, etc. Article 25 of the Universal Declaration of Human Rights, 1948 reads: (1) Every person has the right to a sufficient life standard for the health and well being of him and his family. The provisions of food, shelter, clothing and medication as well as needful social services come under this domain. Moreover, each person is also entitled to the right of protection in case of dearth of resources in the events of sickness, incapacitation, widow, old age and in any other circumstances beyond his control. (2) The mothers and children shall have a right for special care and assistance. All the children shall be entitled to the right for consumption of equal social protection.

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2. Women's Rights

Women's rights infer the autonomous and natural rights conferred to the women and girl children of various societies across the world which protects the human rights, total development and fundamental freedoms of women. Specifically, these rights are supported by a nation's laws, local custom and practices in their way to institutionalization whereas in many other countries, these rights of women are largely ignored or suppressed. Several national and international laws have been enacted for the eradication of discriminatory behavior and violence like Conventionn on Elimination of All Forms of Discrimination Against Women(CEDAW-1967) and UNCRPD etc.

The actual practice of human rights is found to be different from the exhaustive concept of human rights. In Nepal, this is due largely to our patriarchal value system and traditional discriminatory norms i.e. early marriage of girls, lack of access on resources, confinement of domestic work and son preference society etc. is supporting the patriarchal system and suppressing women's rights. For this reason, women and girl children tend to be the sufferers of various discriminations and violence. Generally, in the concept of women's rights, along with fundamental freedom of women, political, civil, economic, social, cultural, and developmental rights are also aroused issues for guarantee.

3. Gender Based Violence

Article 1 of the Declaration on Eradication of Violence against Women, 1993 defines violence against women as any violent act based on gender as a result of which women suffer from physical, sexual or psychological loss or pain.

Generally, sex implies the physical and biological characteristics defining a man and woman, whereas, gender denotes the roles, behavior, activities and attributes built by the society to be appropriate for man and woman. In other words, men and women come under the domain of sex while gender raises the scope of masculinity and femininity. Sex does not reflect any substantive differences in whatever social formation, but the notion of gender is dotted by several variations.

Violence or persecution inflicted on the basis of gender is in itself gender based violence. Especially, this type of violence is meted out against women in a patriarchal system considering them as second class citizens. Pursuant to the Convention for the Elimination of All Kinds of Discrimination against Women (CEDAW), 1979, gender discrimination connotes the impairment or obstruction in the equal consumption and application of human rights and liberties concerning political, economical, social, cultural, civic and any other subjects, regardless of marital status, between men and women and any discrimination based on gender with a view to destroy or reduce such norms.

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4. Gender Based Violence & Psychosocial Disability

Nepal is one of the signatories of Convention for the Elimination of All Kinds of Discrimination against Women (CEDAW), 1979. This Convention aims at establishing the rights of women, abolishing discriminatory laws, eradicatinge violence against women, and upholding equality between men and women. Article 12, Part 3 of this Convention provides for the abolishment of violence against women and maintaining equality between men and women, and providing equal access to women on par with men in health services, whereas, Article 14 has laid down the participation of women in every activity of the community and direct benefit for them through the programs of social security.

Still, women's rights have been largely curtailed. Factors such as patriarchal social construct, traditional values and norms, malpractices, sexual, gender and domestic violence constitute violence against women. All these forms of violence leads to psychosocial problem in women results psychosocial disability this, in turn, results suicide rates among women who have experienced violence and leads to their segregation and exclusion from participation in the State, their families, households and communities. Violence against women inflicted on the grounds of in the context of the armed struggle, poverty, malpractices and wrong traditional norms has rendered women, men and adolescent girls of reproductive age victims of psychosocial problems.

The World Bank has observed that women suffering from abuse or violence are subject to several conflicting thoughts, confusion, frustration and possibilities of freedom from violence and due to the control exercised by violent husbands, they experience solitariness and depression. Sometimes, they perceive suicide as the only way out of suffering from violence. (Voices of the Poor, World Bank, 2000)

In the Nepalese context, the culture of violence against women is transmitted from one generation to the other. Resultantly, incidents of abuse, battery, mental torture, etc. seem to be casual in this society and due to lack of alternates for these abuses, an environment conducive for suicide starts to breed. Even financially well-off persons are found to have confined their family members who experience psychosocial disability inside their own homes due to erroneous social norms and values. Even then, women are more prone to such sufferings than men. When a woman is discovered to have mental ailment, they are stripped of all their rights and sometimes they are blamed for witchcraft. In these circumstances, they can become victims of sexual exploitation. Due to all these pangs, some women feel compelled to choose suicide. Pradhan at.el., 2012, : A Review of the evidence: Suicide among Women in Nepal)

Pursuant to a study conducted in 2001 by an organization named Saathi regarding the psychosocial impact created by violence against women and girl children, especially, due to rape, incest and polygamy, out of the 1250 respondents, 93% were subject to mental and emotional agony.

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Going through a recent report published by Central Bureau of Statistics (CBS) as regards the number of persons with psychosocial problems, more than 1% of the total population has one or other form of disability and out of these, 6% have witnessed psychosocial problems. Besides, KOSHISH has been running transit home since three years for women/girls with psychosocial disability. In this transit home 20 persons get services at a time. To date 168 individuals has benefitted from the services through Short Term Transit Home of KOSHISH, 130 of them are women and the rest 38 men. Out of these, 85 women were found to be sufferers of violence in one form or the other at the hands of husbands, other members of family and social evils.

A Life Story of Gauri

Gauri (name changed), 39, is a married woman. According to her local community, she was living in an uncared state in and around Tyangla Faat and Tribhuvan University, Kirtipur for the last 4 years. Her condition was pitiable and perilous. In order to liberate her from that predicament and to safeguard her fundamental human rights, KOSHISH joined hands with Nepal Television and rescued her from the same place on 9th October, 2011. Later, KOSHISH provided her treatment and psychosocial support through the transit home.

Deliberating on her past, she used to live with her husband who was serving in India. While residing there, she developed mental illness following which her husband arranged for electric shocks and other forced treatment. Later, she was brought to her home in Beni, Myagdi and kept there. Likewise, going by her relatives and acquaintances, her husband and his second wife brought her to Kathmandu in a vehicle and left her stranded. Now, her situation is stable and through a rehabilitative team of KOSHISH, correspondence was made with her family members, her situation was relayed and a reunion was effectuated. While monitoring her condition from time to time, It is learnt that her plight is improving for the better.

A Tale of Bimala

Bimala (name changed) belonged to Sindhupalchok district and was experiencing acute schizophrenia. She used to roam in local streets and dwell in the roads. She is a married woman with 3 children.

Relatives of Bimala narrate that her present condition is the result of a failed married life and domestic violence hurled against her. When she married an already married man, she could not get favorable treatment from her husband and other members of family. She was subject to frequent thrashing, scolding and mental trauma. That resulted in a psychosocial problem and her own family was also not supportive of her. Consequently, she was evicted out of the house and was forced to dwell in the streets.

Owing to social neglect, non-cooperation and maltreatment, she was engulfed in solitude, fear and depression. She was in no position to trust anyone. After persistent efforts of KOSHISH she was finally rescued from the streets in a dilapidated condition on October 2011 and was provided treatment, social support and safe shelter through her rehabilitation in a transit home. Currently, she is in a psychologically stable state and is living with her parents, through the efforts of KOSHISH.

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The major causes behind suicide following psychosocial trauma and mental depression are economic, social, cultural, domestic violence, punishment and delay in judicial process. Owing to the instances of physical violence, women suffer from long term mental malaises (NRC, 2003: Mullen et al, 200: Danielson et al, 1998).

The following ecological model has tried to intimate on the varying forms of violence, reasons and outcomes of violence as well as their interconnection. The persons, their relations, community and the thought as well as attitude prevalent in the whole society, social, economic, political, educational and cultural values and norms are at the heart of any event of violence. A combination of these factors causes the women to suffer from physical, mental, reproductive problems as well as other grave diseases. The following diagram illustrates the reasons and outcomes of violence against women. This concept was built prior to the 1970s and The World Report on Violence and Health, 2000 used this concept to understand the multidimensional form of violence. This concept is still in the process of evolution and revision. This concept further aids in analyzing the factors influencing the events of violence and victimization from the same.

Figure-2 : Reasons and Outcomes of Violence against Women

[Source: Domestic Violence in Nepalese Society, Reasons and Outcomes (An Investigative Report): Sarojini Sharma, May, 2007]

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5. End of Violence against Women and Initiatives regarding the Rights of Women with Psychosocial Disabilities

The Interim Constitution of Nepal, 2007, has established the right against violence as a fundamental right of women and any form of violence is made punishable. Domestic violence is an undeniable aspect of violence against women. It forces the women and adolescent girls to survive torture, violence and exclusion.

Domestic Violence (Offence and Punishment) Act, 2009 also has defined domestic violence as an act of inflicting bodily, mental, economic, emotional and sexual harm by one person to the other. In order to reduce domestic violence and to dispense justice to the victims of violence, agencies such as National Women's Commission, Police Cell and local bodies have been entrusted with responsibility to investigate and prosecute violence. Moreover, an Information Management System concerning Gender based Violence has been set up to collect and manage data on violence against women under the National Women's Commission.

A National Action Plan against Gender based Violence, 2010 and Rules of Fund for Alleviating Gender based Violence are currently in effect. Several efforts from the Government of Nepal as well as civil society are underway since long back for the abolishment of gender based violence and for gender empowerment. Initiatives are being taken in a planned manner right since the 6th Five Year Plan to empower women and improve their conditions.

A Life Story of Saraswati

Saraswati (name changed), was rescued by KOSHISH from the road in a stranded situation on 18th December, 2012. She was then 20. She was in a very sorrowful condition and was neither willing to neither talk to anyone nor show her face.

She is the eldest among the 9 children of her home. She hails from Taruka VDC in Nuwakot district. When her father died 5 years ago, she started to show signs of mental health problems. The locals used to tease her by calling 'Lunatic of Taruka'. The local police were also well acquainted of her as she had lodged a complaint against her own mother on charges of gobbling up her money. However, her mother dismissed this allegation outright as false. Due to vulnerable financial condition, she came to Kathmandu through somebody's means and started to earn a living as a domestic child laborer. However, when the employees came to know about her mental health problem, she was ultimately fired.

Now, she is in a stable condition following treatment and various psychosocial supports rendered by KOSHISH. KOSHISH also undertook to pinpoint her exact house and location and was successfully reunited with her family members and community.

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A National Strategy and Action Plan for the End of Gender based Violence and Women's Empowerment (2012-2017) has worked for the expansion of hospital based one stop crisis management centres which have been able to address the issue of psychosocial problems to some extent.

At the hospital based one stop crisis management centre, the women who are victims of domestic violence are given psychological counseling and legal guidance. However, services and support for women experiencing extreme emotional distress is lacking. Therefore, KOSHISH has been lobbying continually for inclusion of such women in the one stop crisis management centres.

A myriad of organizations have been involved in advocacy, initiation, restoration of the women and girl children who have become victims of trafficking, battery, coercion, torture, dowry system, Deuki, Jhuma and Kumari rituals, witchcraft accusations, bonded labor or Kamaiyas, Kamlari and Chhaupadi custom, sexual violence, immolation, polygamy, expulsion from homes and murder. However, in the event of women and girl children experiencing extreme emotional distress due to any type of violence or maltreatment, they are compelled to evict out of homes, hit the streets or forced inside houses or compelled to commit suicide failing to achieve support from the society or family. In these circumstances, there is a dearth of attention from the government or non governmental agencies for advocating rights of women and girls in these circumstances, as only a very few organizations are involved in this sphere.

Considering this plight, the need for effective implementation of existing laws such as dowry, witchcraft, marriage etc seems evident. Moreover, it is also imperative to sensitize and draw the attention of public as well as persons at the decision making level. In this issue of women, the State must enforce the Convention on the Rights of Persons with Disabilities, which it ratified 7th May, 2010, in an efficacious manner. As specified above, under the Convention, the State is accountable for ensuring fundamental freedoms and human rights, right to access to justice and inclusion in community, health, habilitation and rehabilitation, employment, adequate standard of life and right of social protection.

To enable the effective enforcement of these legal provisions, civil society organizations need to press the State and raise its voice in unison. Programs guaranteeing the social security, treatment, rehabilitation in family or community for women and girl children with psychosocial disability shall have to be incorporated in the policies and action plans devised in various periods of time.

Under the provisions of Gender based Violence Fund (Operation) Rules, 2001, the Secretary at Ministry of Women, Children and Social Welfare heads the Fund and the Relief Committee grants financial assistance and relief for the violence ridden women as regards treatment, legal aid, psychological treatment, economic empowerment and family reunion. Women and girl children facing extreme emotional distress must also be included under the purview of the Relief Committee. National Policy

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and Action Plan relating to Disability, 2007 has also incorporated the issues of women and handicap and the necessary measures to be taken. As such, there is a need that future policies and programs also take into account the issues of women and girl children with psychosocial disabilities.

There are more than 44 units of Acts, Statutes, Rules, Guidelines, international treaties, conventions and declarations pertaining to violence against women. Similarly, Children's Act of 1992 has prohibited discrimination between the girl and boy child, involvement of children in immoral activities either by coercion or courtship as well as torture and harsh punishment. Likewise, as per the Protection and Welfare of Disabled Persons Act, 1982, arrangements have been made for the protection of the rights of disabled, treatment, relief, assistance, training and empowerment. However those are all in charity based and controversy.

CHAPTER - 4

LEGAL PROVISIONS

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LEGAL PROVISIONS

National Law

The National law of Nepal includes constitution, general code (Muluki Ain), various thematic acts, regulations, policies, guidelines. These laws have ensured various rights such as right to equality, right against discrimination, right against exploitation,right against violence, right to education, right to health etc. In this chapter, we have not studied about the condition of these national laws, various kinds of provisions that have been included to ensure the rights of people with psychosocial disability orto see if the laws are psychosocial disability friendly or not.

The New Constitution of Nepal and other law, acts and regulations is in the process of formulation and the existing laws are in the process of amendment so in this chapter, “special act” formulated by giving priority to the people with disabilities, Protection and Welfare of the Disabled Persons Act, 1982has only been included.

Along with this, KOSHISH has been advocating for the formulation of New Constitution, acts and as well as for the amendment of the existing laws to make it psychosocial disability, intellectual disability, cerebral palsy friendly.

Protection and Welfare of theDisabled Persons Act, 1982

Protection and Welfare of the Disabled Persons Act, 1982 is an Act made to provide for the Protection of the Disabled Persons. This Act which consists of 25 clauses is expedient to protect and promote the interests of the disabled persons: to prevent and abolish the circumstances leadingone to be disabled; and to make the disabled persons capable members as well as-actively productive citizens of the society, by making necessary welfare provisions for the health, education, care, training of the disabled persons and their right to equality and employment as well.

CHAPTER 4

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Definition:

Sub-clause a toe of Clause 2 of this Act has defined various terms which is as follows:

a. “Disabled Person” means a Nepali citizen who is physically or mentally inable or handicapped to do normal daily life-works. This expression also includes a blind, one-eyed, deaf dumb, dull, crippled, limb, lame, handicapped with one leg broken, handicapped with one hand broken, or a feeble minded person.

b. “Helpless disabled person”means a disabled person who does not have any assets or any person to attend and serve him and who cannot earn his living by doing a job himself.

c. “Disabled Person Home”means a home arranged also for the subsistence of the helpless disabled person.

d. “Social Welfare Officer”means an officer appointed or designed by His Majesty’s Government under Section 18.

e. “Prescribed”or“as prescribed”means prescribed or as prescribed in the Rules framed under this Act.

Determination of disability:

Clause 3 (1) has clearly set forth the determination of the disabled:

• Generally accepted principles of the Medicines

• The criteria set in the Kingdom of Nepal.

With regard to the matter whether any person is a disabled one or not, the decision of the doctor or committee designated or constituted by His Majesty’s Government for this purpose shall be authentic. Clause 3 (2)

Protection of the interests of the disabled persons:

His Majesty’s Government may takefollowing provisions for the protection of the interests of the disabled persons: (Clause 4)

• To make available necessary medicines and health service to the disabled persons for the treatment of their disability,

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• To make them have such accessories, equipment and tools as are required to minimize, to the maximum extent possible, the adversities likely to occur due to their disability,

• To have acquisition of capacity to work, to provide them with welfare assistance and services to rehabilitate them educationally, professionally, economically physically, mentally and socially,

• To make them fully participate in the community on the basis of equality.

Right to equality: (Clause 5)

These rights have been ensured for the disabled persons:

1. No disabled persons shall, solely on the basis of their disability, be denied entry into any association or club or community or function providing education or training or launching social or culture programmes within the Kingdom of Nepal.

2. No disabled persons shall be deprived of such political rights and the right to economic and social security, to spend life with dignity, employment, to have humanitarian dignity to engage in any useful, production and meaningful occupation, as others are entitles thereto.

3. No discrimination shall be made against any disabled person in the appointment of Government service or any other public service, and there shall not be deprived of the disabled persons of being appointed for any post or promoted or upgraded or having equal treatment, merely on the ground of their disability.

Provided that this Section shall not be deemed to be a bar to do so in case it shall be inappropriate the appointment, promotion or upgrading or equal treatment of the disabled person of any type for work

of any service of specific nature, according to the nature of the service of work.

Provision for education and training: Clause 6

• In case any disabled person is to get admission to any educational institute to pursue education, he shall not be required to pay fees at such educational institute. 6 (1)

• Necessary to the teachers teaching the disabled persons. 6 (2)

• There may be special arrangements for the education to the blind, deaf and feeble-minded persons. 6 (3)

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Provisions for health and medical treatment: Clause 7

His Majesty’s Government may make these necessary provisions regarding health and medical treatment:

1. To prevent and abolish the disability which is preventable or abolishable, and to find out the factors leading to disability and to prevent, abolish, control, do away with or cure it.

2. To provide health check-up and health service so as to make available the treatment required to reduce different adverse impacts to be occurred from the disability.

3. In order to abolish, as far as possible, the conditions leading to disability, His Majesty’s Government may also make necessary arrangements for the increase in nutritious food, the control or abolition of viral diseases and prevention of accidents.

Provisions for training and employment: Clause 8

Clause 8 of this Act has mentioned about the provisions related to training and employment:

(1) Necessary arrangements may be made for appropriate trainings and employment for making the disabled persons economically independent. Arrangements may be made to provide them with such type of training as may enable them have proper reward of labor in an environment commensurable to their condition.

(2) Arrangement may be made engage the disabled persons, by way of labor supply system, in labor of employment scheme such as open and self-help industry or rural employment.

(3) Arrangements may be made to provide the disabled labors with additional facilities needed at least for the maintaining of the normal livelihood.

(4) A factory which appoints more than 25 labors may be so required that it should appoint the disabled persons in a number not less than five person of the total number of the labors to the appropriate works, to the extent available, on the basis of their physical capability, training, qualifications and experience. Such labor shall receive such remunerations as is equal to that payable to other labors. Their terms of service and career development opportunities shall also be the same as the labors.

(5) Arrangements may be made to provide basic facilities, availability of raw materials, loans, market management etc. and protection, so as to operate cottage and rural small-scale industry for providing private employment to the disabled persons only.

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(6) Arrangements shall be made to do study or cause to be done study as to employment and ways and means of livelihood for the disabled person, only and the feasibility of the facilities and concessions that may be granted and ought to be granted thereto.

(7) Arrangements may be made to require the use of such security equipment as is to secure a disabled person while engaging him in work with equipment.

Priority of disabled person: (Clause 9)

In providing the facilities and concessions which are provided in this Act and other available ones, such facilities and concessions may be provided in consideration of the condition of those who are more disabled than other disabled persons.

Facilities and concessions: (Clause 10)

Sub-clause 1 to sub-clause 10 of Clause 10 of this Act has mentioned about the following facilities and concessions for the disabled person:

1. In case any disabled person who is homeless needs land to build his house or any disabled person needs land to engage him in agricultural occupation, His Majesty’s Government may subject to the terms and restrictions prescribed make available the land to be distributed or granted for cultivation at present under the prevailing law.

2. In case any disabled person desires to take part in sports, entertainment or cultural exhibition/show etc. he may be given priority in regard to the provision of appropriate training, teaching and the making of arrangements for that act in the concerned organization.

3. While travelling by bus, train, plane, any disabled person and in case he shall be in need of continuous help of any other person, such one other person as well may be granted concession of half of the passenger fare.

4. His Majesty’s Government may wholly or partly exempt accessories, equipment or tolls to be used by the disabled persons and goods, machinery, part and raw materials to be used for training of the disabled persons or the employment of the disabled persons, from customs, excise-duties, sales-tax, local taxes, surcharge and other levies as well. Provided that such employment shall exclusively be the employment of the disabled person.

5. His Majesty’s Government may exempt the disabled persons or the organizations established for the rehabilitation of disabled persons or used for the execution of that work, from income tax and all other types of taxes. After the disabled persons and such organizations so exempted

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have submitted a certificate showing their engagement in the service of their own disability and in that service respectively, they shall not be required to submit the returns of income.

6. His Majesty’s Government may exempt a factory, which provides employment to the disabled persons from income tax by the rate as prescribed in proportion to the disabled persons appointed by the factory. The expenses incurred for the special replacement in the equipment of own factory or the spare-parts equipped therewith so as to appoint the disabled persons may be permitted to be added to the sum exemptible from income tax, in such a quantum as prescribed.

7. Arrangements may be made to make available loans on normal interest from banks and financial institutions to social association, trade or industrial enterprise, which provides training or employment or makes arrangements for employment to the disabled persons only.

8. Arrangements may be made for the disabled person homes for aged disabled and helpless disabled persons to live in and for instruments for entertainment and spending time with comfort in such disabled persons homes.

9. Such unemployment allowances, living allowances, aged person pension as prescribed for the disabled persons and special allowance for the disabled persons unable to earn and maintain themselves may be arranged.

10. Arrangements may be made to have reservation of some seats in the means of public transportation for the disabled persons.

Maintenance of the disabled persons: (Clause 11)

The family member, guardian of or heir to a disabled person shall take care of and maintain him.

Duty of guardian and doctor: (Clause 12)

According to this clause, following duty has been mentioned which has to be performed by the guardian and doctor:

• It shall be the duty of the guardian and the doctor examining any persons, who, in their opinion, has become disabled or been in a position to become disabled, to notify or take such person to the nearby hospital or the place prescribed by His Majesty’s Government as soon as possible.

• It shall be the duty of such hospital or doctor to treat such person on the priority basis and to recommend and send him to the place where his treatment can be done in case his treatment cannot be done there.

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Organ may be donated: (Clause 13)

In case any person desires to donate any organ of his body, after his death, to any person or institution, he may donate it by making a deed.

To set assist funds: (Clause 14)

The factories or industries, enterprise or religious associations shall in order to protect and promote the disabled persons set aside the funds, in the prescribed percentage, of their income.

Additional provision for vis-à-vis leprous disabled persons: (Clause 15)

Clause 15 of this Act mentioned about the consequences to be faced if following activities is done:

Nobody shall reject any disabled person suffering from leprosy on the grounds that he is untouchableor on similar other reasons. In case any person rejects him in any way on that ground or so abuses or defames him as to destroy his mental disposition, such person and other persons, too, responsible for that act may be punished as prescribed in this Act.

Additional provision for disabled persons having mental disorder: (Clause 16)

1. Arrangements may be made to keep and treat the disabled persons of mental disorder at a hospital or treatment home.

2. No disabled persons suffering from mental disease, save those against whom proceedings are being taken or who have been punished in a criminal offence under the prevailing law, shall, not-withstanding anything mentioned in the prevailing law, be kept in a Jail except for treatment or security arrangements.

Crime relating to disabled persons and punishment: (Clause 17)

In this clause, different kind of activities that leads to crime related to disability and various kinds of punishment has been mentioned.

1. No person shall intentionally so carry on transactions or prepare documents on behalf of any disabled person as is against his interests.

2. No person shall make any person or attempt to make a disabled one with or without his consent, with a view of using him in begging or doing any immoral act or similar other act.

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3. No person shall engage any disabled person in begging or doing immoral act or similar other dealing.

4. No disabled person shall be entitled to earn living by doing immoral profession or occupation.

5. Any person who commits or attempts to commit or order to commit or aids to commit any act prohibited under this Act may be punished, in addition to the punishment, if any awardableto him, therefore under the prevalent law, and if such punishment is not awardable, according to this Act, with imprisonment for a team in maximum of nine year or with a line of up to five thousand rupees or both.

6. In cases where by virtue of the commission of any act prohibited under this Act or omission to do any other act required to be done, a healthy person has become disabled one, there shall be provided, in addition, to the punishment awardable under sub-section 5), a reasonable compensation for medical treatment for such person and also in consideration of the matter that in case such person has to become virtually incapable of earning livelihood in a normal manner.

Administrative provisions in regard to the disabled person (Clause 18)

In this clause, information regarding various kinds of administrative provisions,who, how will be done has been mentioned.

1. His Majesty’s Government shall make arrangements regarding the administration of the disabled persons through the Ministry of Labor and Social Welfare (hereinafter referred to as the “Ministry”).

2. For the purpose of sub-section 1), His Majesty’s Government may, if it so deems necessary, appoint the Social Welfare Officer in a district or designate any officer to that effect.

3. The Ministry shall register the names, of the disabled persons in the Kingdom of Nepal and maintain an inventory according to their nature. The Ministry may collect and punish the date relation there to in every five years.

4. The Ministry shall coordinate the disability related programs of government agencies.

5. The Ministry may do or cause to be done the research of various techniques in such matters as are to provide more facilities to the disabled persons and make them self-dependent.

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Government to be the plaintiff: (Clause 19)

In the cases under this Act, His Majesty’s Government shall be the plaintiff, and the cases shall be deemed to be inclined in Annex-1 of the Government Cases Act, 2017 (1961).

Policy on disabled persons and scheme of programs: (Clause 20)

Following provisions have been made regarding policy on disabled persons and scheme of programs:

1. His Majesty’s Government shall in consultation with the Social Service National Coordination Council formulate necessary policies and programmes in order to provide for the interests, treatment and facilities, concessions to the disabled persons under this Act as well to provide for such other arrangements as are deemed necessary. His Majesty’s Government may also seek opinion of other bodies and social associations, so as to formulate such plan. Social organization/associations shall be encouraged to implement such plan.

2. It shall be the responsibility of the concerned body of His Majesty’s Government to implement or cause to be implemented the plan formulated under sub-section 1), and it shall be the responsibility of the Ministry to supervise it.

Relation with the Helpless Service Coordination Committee: (Clause 21)

In this clause, implementation of policy on disabled persons and scheme of programs has been mentioned, which is as follows:

1. While implementing the plan in regard to the disabled persons under Section 20, the Ministry shall act, in close contact with the Helpless Service Coordination Committee.

2. The Ministry may, in case it shall in consultation with the Helpless Service Coordination Committee deem it proper entrust some acts out of those mentioned in the Plan to get them implemented through, the Local Panchayat or the Social Welfare Association of the organizations established in regard to the interests of the disabled persons.

3. The Ministry shall make necessary arrangements and efforts to coordinate and collect national and international sources which are required or may be available for the acts relating to the disabled persons. The Ministry shall as per necessity make available the funds or goods or services received from such sources to the Helpless Service Coordination Committee or the concerned association or office.

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Delegation of Power: (Clause 22)

His Majesty’s Government may delegate any of the powers conferred on it under this Act to the Social Welfare Officer or other personnel or any association, subject to the exercise of such delegated powers under the prescribed terms and restrictions.

His Majesty’s Government to give order directions: (Clause 23)

His Majesty’s Government, for the protection of the disabled persons and the Welfare Provisions under this Act, may give necessary ordersor directions to the Social Welfare Officer or other personnel or any officer or association, and it shall be the duty of all the concerned to abide by such orders and directions.

Power to frame Rules: (Clause 24)

His Majesty’s Government may in order to carry out the objectives of this Act frame the Rules.

Saving: (Clause 25)

This Act or the Rules framed under this Act or the orders or directions under Section 23 shall apply to the matters set forth therein, and the prevailing law shall apply to the other matter.

CHAPTER - 5

PROVISIONS OF THE DISABLED WELFARE AND PROTECTIONACT OF NEPAL, 1982THAT HAS TO BE AMENDED

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Provisions of the Disabled Welfare and Protection Act of Nepal, 1982 that has to be amended

S.No. Clause Existing Provision Amended Provision Reasons for Amendment

1. Clause 1 (1) AIt should be mentioned as Act for the Rights of Persons with Disabilities, 1982

The name of the Act is not based on right based approach but is based on welfare approach.

Welfare approach does not ensure the rights of the people.

Welfare approach enables a person to live only on the basis of sympathy and compassion.

People with disabilities are not looked upon as human beings.

Nepal has ratified the Convention on the Rights of Persons with Disabilities, 2006 and has made commitment to implement it in the country.

In the Interim Constitution of Nepal, 2063, Clause 13 (3), Provisory note, it is stated that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit,………..disabled and those who are physically or mentally incapacitated.

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S.No. Clause Existing Provision Amended Provision Reasons for Amendment

2.

Preamble

To protect and promote the interests of the disabled persons: to prevent and abolish the circumstances leading one to be disabled; and to make the disabled persons capable members as well as-actively productive citizens of the society, by making necessary welfare provisions for the health, education, care, training of the disabled persons and their right to equality and employment as well.

An Act which ensures the meaningful participation of the people with disabilities in the policy making process, respecting their rights, their empowerment and full and effective participation in the development process, creation of favorable environment to live independent and dignified life in the society by minimizing the discrimination done against the persons with disabilities as well as their obstacles which hampers the access to physical structure, technical knowledge and services.

Nepal has ratified the Convention on the Rights of Persons with Disabilities, 2006 and has made commitment to implement it in the country. In the Nepal Treaty Act, 1990, Clause 9 (1), in case of the provisions of a treaty, to which Nepal or Government of Nepal is a party upon its ratification accession, acceptance or approval by the Parliament, inconsistent with the provisions of prevailing laws, the inconsistent provision of the law shall be void for the purpose of that treaty, and the provisions of the treaty shall be enforceable as good as Nepalese laws.

3.

Definition Section

Clause 2 (a)

“Disabled Person” means a Nepali citizen who is physically or mentally inable or handicapped to do normal daily life works.

“Disabled Person” means those who have long-term physical, mental, intellectual or sensory impairments or functional impairment which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

Nepal has ratified the Convention on the Rights of Persons with Disabilities, 2006 and has made commitment to implement it in the country. The definition of disability in the existing Act contradicts with the convention on the Rights of Persons with Disabilities, 2006.

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S.No. Clause Existing Provision Amended Provision Reasons for Amendment

4.

Determination

of disability

Clause 3 (a)

Definition of disabled person and determination of disability is based on the generally accepted principles of Medicine and the criteria set in the context of Kingdom of Nepal.

While defining disabled person and determining disability, instead of using generally accepted principles of Medicine, multi-dimensional aspects (physician, psychologist, social worker, psychiatric nurse, human rights activist, persons with psychological disabilities, etc.)

Persons with psychological disabilities should not be defined and determined only on the basis of generally accepted principles of Medicine. The preamble of Convention on the Rights of Persons with Disabilities, 2006 has given the responsibility of accepting the diversity of persons with disabilities to the State Parties.

5.

Clause 4

Protection of the interests of the disabled persons: May make available necessary medicines and health service to the disabled persons for the treatment of their disability, to make them have such accessories, equipment and tools as are required to minimize, to the maximum extent possible, the adversaries likely to occur due

In this Clause, the word “welfare” should be removed. In this Clause, the words “may make available”, should be removed and replaced by “must be available”.

Article 25 of Convention on the Rights of Persons with Disabilities, 2006 states that State Parties shall take all appropriate measures to ensure access for persons with disabilities to health services. Article 19 of this convention mentions about the responsibility given to the State parties for full inclusion and participation in the community for the people with disabilities. In the Interim Constitution of Nepal, 2063, Clause 13 (3) , Provisory note, it is stated that nothing shall be deemed to prevent the making of special provisions by law for the protection,

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S.No. Clause Existing Provision Amended Provision Reasons for Amendment

to their disability, and to have acquisition of capacity to work, to provide them with welfare assistance and services to rehabilitate them educationally, professionally, economically, physically, mentally and socially, and to make them fully participate in the community on the basis of equality.

empowerment or advancement of the interests of women, Dalit,………..disabled and those who are physically or mentally incapacitated. In the Nepal Treaty Act, 1990, Clause 9 (1), in case of the provisions of a treaty, to which Nepal or Government of Nepal is a party upon its ratification accession, acceptance or approval by the Parliament, inconsistent with the provisions of prevailing laws, the inconsistent provision of the law shall be void for the purpose of that treaty, and the provisions of the treaty shall be enforceable as good as Nepalese laws.

6.

Clause 5 (3)

Provisory note

Provided that this Section shall not be deemed to be a bar to do so in case it shall be inappropriate the appointment, promotion or upgrading or equal treatment of the disabled person of any type for work of any service of specific nature, according to the nature of the service or work.

This provision should be fully removed and other provisions should be made according to reasonable accommodation.

The Provisions is against the “Reasonable accommodation” as mentioned in Article 2 of Convention on the Rights of Persons with Disabilities, 2006. Accepting the diversity of the persons with diversity, appointment, promotion or upgrading should be ensured on the basis of “Reasonable accommodation”. Article 9 mentions that the States Parties shall take appropriate measures for identification and elimination of obstacles and barriers to accessibility for the persons with disabilities.

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This kind of provision might encourage discriminative environment in the future. In the Interim Constitution of Nepal, 2063, Clause 13 (3), Provisory note, it is stated that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit,………..disabled and those who are physically or mentally incapacitated.

7.

Clause 5 (4)

Nothing is mentioned regarding the reproductive health of women.

A new provision for the reproductive health of women should be added.

Article 6 of Convention on the Rights of Persons with Disabilities, 2006 mentions that the States Parties should ensure exercising and enjoyment of human rights and fundamental freedom of women and girls with disabilities by taking appropriate measures. In the Interim Constitution of Nepal, 2063, Clause 13 (3), Provisory note, it is stated that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit,………..disabled and those who are physically or mentally incapacitated.

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8.

Clause 6 (2)

Necessary arrangement may be made to the teachers teaching the disabled persons.

In this clause, “may be made” should be removed and should be replaced by “must be made”.

Article 24 of Convention on the Rights of Persons with Disabilities, 2006 mentions that the States Parties should ensure the rights of persons with disabilities to education by taking appropriate measures. In the Interim Constitution of Nepal, 2063, Clause 13 (3), Provisory note, it is stated that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit,……….. disabled and those who are physically or mentally incapacitated.

9.

Clause 6 (3)

There may be made special arrangements for the education to the blind, deaf and feeble-minded persons.

In this clause, “may be made special arrangements”, should be removed and it should be replaced by “arrangements will be made”.

Article 24 of Convention on the Rights of Persons with Disabilities, 2006 mentions that the States Parties should ensure the rights of persons with disabilities to education by taking appropriate measures.

In the Interim Constitution of Nepal, 2063, Clause 13 (3), Provisory note, it is stated that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit,………..disabled and those who are physically or mentally incapacitated.

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10.

Clause 7

(1)

(2)

(3)

Provision for health and medical treatment: May make necessary arrangements to prevent and abolish the disability which is preventable or abolishable, and to find out the factors leading to disability and to prevent, abolish, control, do away with or cure it. May make necessary arrangements to provide health check-up and health service so as to make available the treatment required to reduce different adverse impacts to be occurred from the disability. May also make necessary arrangements to abolish, as far as possible, the conditions

In this sub-clause, “May make necessary arrangements” should be removed and replaced by “Must make necessary arrangements”. In this sub-clause, “May make necessary arrangements” should be removed and replaced by “Must make necessary arrangements”. In this sub-clause, “May also make necessary arrangements” should be

Article 25 of Convention on the Rights of Persons with Disabilities, 2006 states that State Parties shall take all appropriate measures to ensure access for persons with disabilities to health services. In the Interim Constitution of Nepal, 2063, Clause 13 (3), Provisory note, it is stated that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit,………..disabled and those who are physically or mentally incapacitated.

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leading to disability, His Majesty’s Government may also make necessary arrangements for the increase in nutritious food, the control or abolition of viral diseases and prevention of accidents.

removed and replaced by “Must also make necessary arrangements”.

11.

Clause 8

(1)

Provisions for training and employment: Necessary arrangements may

be made for appropriate

trainings and employment for

making the disabled persons

economically independent.

Arrangements may be made

to provide them with such

type of training as may enable

them have proper reward of

labor in an environment

commensurable to their

condition.

“Necessary arrangements may be made”, should be removed and replaced by “necessary arrangements must be made”.

Article 27 of Convention on the Rights of Persons with Disabilities, 2006 states that State Parties shall take all appropriate measures, including through legislation for wok and employment for people with disabilities.

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(2)

(3)

(4)

Arrangement may be made engage the disabled persons, by way of labor supply system, in labor of employment scheme such as open and self-help industry or rural employment. Arrangements may be made to provide the disabled labors with additional facilities needed at least for the maintaining of the normal livelihood. A factory which appoints more than 25 labors may be so required that it should appoint the disabled persons in a number not less than five person of the total number of the labors to the appropriate works, to the extent available, on the basis of their physical capability, training, qualifications and experience. Such labor shall receive such remunerations as is equal to

“Arrangements may be made”, should be removed and replaced by “arrangements must be made”. “Arrangements may be made”, should be removed and replaced by “arrangements must be made”. “May be so required”, should be removed and replaced by “Must be so required”.

Article 27 of Convention on the Rights of Persons with Disabilities, 2006 states that State Parties shall take all appropriate measures, including through legislation for wok and employment for people with disabilities.

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(5)

(6)

that payable to other labors. Their terms of service and career development opportunities shall also be the same as the labors. Arrangements may be made to provide basic facilities, availability of raw materials, loans, market management etc. and protection, so as to operate cottage and rural small-scale industry for providing private employment to the disabled persons only. Arrangements shall be made to do study or cause to be done study as to employment and ways and means of livelihood for the disabled person, only and the feasibility of the facilities and concessions that may be granted and ought to be granted thereto.

“Arrangements may be made”, should be removed and replaced by “arrangements must be made”. “Arrangements shall be made”, should be removed and replaced by “arrangements should be made”.

The Provisions is against the “Reasonable accommodation” as mentioned in Article 2 of Convention on the Rights of Persons with Disabilities, 2006.

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(7)

Arrangements may be made to require the use of such security equipment as is to secure a disabled person while engaging him in work with equipment.

“Arrangements may be made”, should be removed and replaced by “arrangements must be made”.

The Provisions is against the “Reasonable accommodation” as mentioned in Article 2 of Convention on the Rights of Persons with Disabilities, 2006.

12.

Clause 9

Priority of Disabled Person: In providing the facilities and concessions which are provided in this Act and other available ones, such facilities and concessions may be provided in consideration of the condition of those who are more disabled than other disabled persons.

In this clause, “may be provided”, should be removed and replaced by “must be provided”.

Article 4 of Convention on the Rights of Persons with Disabilities, 2006 stated that the it is the responsibility of the State Party to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities and to adopt all appropriate measures (legislative, administrative and other measures).

13.

Clause 10

(1)

Facilities and privileges: In case any disabled person who is homeless needs land to build his house or any disabled person needs land to engage him in agricultural

In this sub-section, “agricultural occupation”, should be removed and replaced by “any kind of occupation”.

Article 27 of Convention on the Rights of Persons with Disabilities, 2006 states that State Parties shall take all appropriate measures, including through legislation for wok and employment for people with disabilities.

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(2)

(3)

occupation, His Majesty’s Government may subject to the terms and restrictions prescribed make available the land to be distributed or granted for cultivation at present under the prevailing law. In case any disabled person desires to take part in sports, entertainment or cultural exhibition/show etc. he may be given priority in regard to the provision of appropriate training, teaching and the making of arrangements for that act in the concerned organization. While travelling by bus, train, plane, any disabled person and in case he shall be in need of continuous help of any other person, such one other person as well may be granted concession of half of the passenger fare.

Similarly, instead of “land”, “support” should be used and “may subject to” should be removed and replaced by “will be subject to”. In this sub-clause, “may be given”, should be removed and replaced by “must be given”. In this sub-clause, after the word “Disabled”, “travelling through public vehicle”, should be added and “may be granted” should be removed and replaced by “must be granted”.

Article 30 (1) of Convention on the Rights of Persons with Disabilities, 2006 mentions that the State Parties shall take appropriate measures to ensure the right of persons with disabilities to take part on an equal basis with others in cultural life. Article 30 (2) of Convention on the Rights of Persons with Disabilities, 2006 mentions that State Parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential. In the Article 20 of Convention on the Rights of Persons with Disabilities, 2006, it is mentioned that the State Parties shall take effective measures to ensure personal mobility with the greatest possible independence for persons with disabilities.

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(4)

(5)

His Majesty’s Government may wholly or partly exempt accessories, equipment or tolls to be used by the disabled persons and goods, machinery, part and raw materials to be used for training of the disabled persons or the employment of the disabled persons, from customs, excise-duties, sales-tax, local taxes, surcharge and other levies as well. Provided that such employment shall exclusively be the employment of the disabled person.

“May wholly or partly exempt” should be removed and replaced by “Must be wholly or partly exempt”. “May exempt” should be removed and replaced by “Must be exempt”.

In the Interim Constitution of Nepal, 2063, Clause 13 (3), Provisory note, it is stated that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit,………..disabled and those who are physically or mentally incapacitated.

Article 27 of Convention on the Rights of Persons with Disabilities, 2006 states that State Parties shall take all appropriate measures, including through legislation for wok and employment for people with disabilities.

Article 4 of Convention on the Rights of Persons with Disabilities, 2006 stated that the it is the responsibility of the State Party to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities and to adopt all appropriate measures (legislative, administrative and other measures).

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(6)

(7)

His Majesty’s Government may exempt the disabled persons or the organizations established for the rehabilitation of disabled persons or used for the execution of that work, from income tax and all other types of taxes. After the disabled persons and such organizations so exempted have submitted a certificate showing their engagement in the service of their own disability and in that service respectively, they shall not be required to submit the returns of income. His Majesty’s Government may exempt a factory, which provides employment to the disabled persons from income tax by the rate as prescribed in proportion to the disabled persons appointed by the factory. The expenses incurred for the special replacement in

“May exempt” should be replaced by “Must be exempt” and “may be permitted to” should be removed and replaced by “must be permitted to”. “May be made” should be replaced by “Must be made”.

Article 4 of Convention on the Rights of Persons with Disabilities, 2006 stated that the it is the responsibility of the State Party to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities and to adopt all appropriate measures (legislative, administrative and other measures).

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(8)

(9)

the equipment of own factory or the spare-parts equipped therewith so as to appoint the disabled persons may be permitted to be added to the sum exemptible from income tax, in such a quantum as prescribed. Arrangements may be made to make available loans on normal interest from banks and financial institutions to social association, trade or industrial enterprise, which provides training or employment or makes arrangements for employment to the disabled persons only. Arrangements may be made for the disabled person homes for aged disabled and helpless disabled persons to live in and for instruments for entertainment and spending time with comfort in such disabled persons homes.

In this sub-clause, “Disabled persons home” should be removed and replaced by “Day care center” and “May be made” should be removed and replaced by “Must be made”. “Bekari” allowances should be removed and replaced by “Unemployment allowances” and “May be arranged” should be removed and replaced by “Must be arranged”.

Article 4 of Convention on the Rights of Persons with Disabilities, 2006 stated that the it is the responsibility of the State Party to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities and to adopt all appropriate measures (legislative, administrative and other measures).

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(10)

Such bekari allowances, living allowances, aged person pension as prescribed for the disabled persons and special allowance for the disabled persons unable to earn and maintain themselves may be arranged. Arrangements may be made to have reservation of some seats in the means of public transportation for the disabled persons.

In this sub-clause, “May be made” should be removed and replaced by “Must be made”.

14.

Clause 12

Duty of guardian and doctor: It shall be the duty of the guardian and the doctor examining any persons, who, in their opinion, has become disabled or been in a position to become disabled, to notify or take such person to the nearby hospital or the place prescribed by His Majesty’s

In this clause, within the duty of the guardian and doctor, another duty regarding right to information, right to make self-decision, free choice and agreement during the identification and treatment process should be added.

Article 4 of Convention on the Rights of Persons with Disabilities, 2006 states that the it is the responsibility of the State Party to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities and to adopt all appropriate measures (legislative, administrative and other measures).

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Government as soon as possible. It shall be the duty of such hospital or doctor to treat such person on the priority basis and to recommend and send him to the place where his treatment can be done in case his treatment cannot be done there.

Article 12 of Convention on the Rights of Persons

with Disabilities, 2006 mentions that the State

Parties reaffirm persons with disabilities have

the right to recognition everywhere as persons

before the law and that persons with disabilities

enjoy legal capacity on an equal basis with

others in all aspects of life.

Article 14 of Convention on the Rights of Persons

with Disabilities, 2006 mentions that States

Parties shall ensure the right to liberty and

security of persons with disabilities, on an equal

basis with others.

Article 15 of Convention on the Rights of Persons

with Disabilities, 2006 mentions that States

Parties shall take all effective legislative,

administrative, judicial or other measures to

prevent persons with disabilities, on an equal

basis with others, from being subjected to

torture or cruel, inhuman or degrading treatment

or punishment.

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15.

Clause 15

Additional provision regarding leprous disabled person: Nobody shall reject any disabled person suffering from leprosy on the grounds that he is untouchable or on similar other reasons. In case any person rejects him in any way on that ground or so abuses or defames him as to destroy his mental disposition, such person and other persons, too, responsible for that act may be punished as prescribed in this Act.

In this clause, “May be” should be removed and replaced by “Must be”.

Article 4 of Convention on the Rights of Persons with Disabilities, 2006 states that the it is the responsibility of the State Party to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities and to adopt all appropriate measures (legislative, administrative and other measures).

16.

Clause 16

(1)

Additional provision for disabled persons having mental disorders: Arrangements may be made to keep and treat the disabled persons of mental disorder at a hospital or treatment home.

In this sub-clause, after the word “Keep”, “according to the wish and consent” should be added.

Article 4 of Convention on the Rights of Persons with Disabilities, 2006 states that the it is the responsibility of the State Party to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities and to adopt all appropriate measures (legislative, administrative and other measures).

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(2)

No disabled persons suffering from mental disease, save those against whom proceedings are being taken or who have been punished in a criminal offence under the prevailing law, shall, not-withstanding anything mentioned in the prevailing law, be kept in a Jail except for treatment or security arrangements.

In this sub-clause, after the word “Treatment”, “according to the wish and consent” should be added and the word “security” should be removed.

Article 12 of Convention on the Rights of Persons with Disabilities, 2006 mentions that the State Parties reaffirm persons with disabilities have the right to recognition everywhere as persons before the law and that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. Article 14 of Convention on the Rights of Persons with Disabilities, 2006 mentions that States Parties shall ensure the right to liberty and security of persons with disabilities, on an equal basis with others. Article 15 of Convention on the Rights of Persons with Disabilities, 2006 mentions that States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.

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17.

Clause 17

(1)

(2)

(3)

(5)

Crime relating to disabled persons and punishment: No person shall intentionally so carry on transactions or prepare documents on behalf of any disabled person as is against his interests. No person shall make any person or attempt to make a disabled one with or without his consent, with a view of using him in begging or doing any immoral act or similar other act. No person shall engage any disabled person in begging or doing immoral act or similar other dealing. Any person who commits or attempts to commit or order to commit or aids to commit any act prohibited under this

“No person shall intentionally so carry on” should be removed and replaced by “No person should intentionally carry on”. “No person shall make” should be removed and replaced by “no person should make”. “No person shall engage” should be removed and replaced by “no person should be engaged”. In this sub-clause, instead of “with imprisonment for a team in maximum of one year or with a line of up to five

Article 4 of Convention on the Rights of Persons with Disabilities, 2006 states that the it is the responsibility of the State Party to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities and to adopt all appropriate measures (legislative, administrative and other measures).

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(6)

Act may be punished, in addition to the punishment, if any awardable to him, therefore under the prevalent law, and if such punishment is not awardable, according to this Act, with imprisonment for a team in maximum of one year or with a fine of up to five thousand rupees or both. In cases where by virtue of the commission of any act prohibited under this Act or omission to do any other act required to be done, a healthy person has become disabled one, there shall be provided, in addition, to the punishment awardable under sub-section 5), a reasonable compensation for medical treatment for such person and also in consideration of the matter that in case such person has to become virtually incapable of earning livelihood in a normal manner.

thousand rupees or both”, “with imprisonment for a team in minimum of five years and fine up to one lakh rupees” should be added.

In this sub-clause, “shall be provided” should be removed and replaced by “should be provided”.

Article 4 of Convention on the Rights of Persons with Disabilities, 2006 states that the it is the responsibility of the State Party to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities and to adopt all appropriate measures (legislative, administrative and other measures).

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18.

Clause 18

(2)

(3)

(5)

Administrative provisions in regard to the disabled person: the purpose of sub-section 1), His Majesty’s Government may, if it so deems necessary, appoint the Social Welfare Officer in a district or may designate any officer to that effect. The Ministry shall register the names, of the disabled persons in the Kingdom of Nepal and maintain an inventory according to their nature. The Ministry may collect and punish the date relation there to in every five years. The Ministry may do or cause to be done the research of various techniques in such matters as are to provide more facilities to the disabled persons and make them self-dependent.

In this sub-clause, “if it so deems necessary”, should be removed and replaced by “each district” and “may designate” should be removed and replaced by “must designate”. In this sub-clause, “maintain” should be removed and replaced by “should maintain”. “May collect” should be removed and replaced by “Must collect”. In this sub-clause, “may do or cause to be done” should be removed and replaced by “must do or should be done”.

Article 4 of Convention on the Rights of Persons with Disabilities, 2006 states that the it is the responsibility of the State Party to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities and to adopt all appropriate measures (legislative, administrative and other measures). In the Interim Constitution of Nepal, 2063, Clause 13 (3), Provisory note, it is stated that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit,………..disabled and those who are physically or mentally incapacitated.

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19.

Clause 20

(1)

Policy on disabled persons

and scheme of programs:

His Majesty’s Government shall

in consultation with the Social

Service National Coordination

Council formulate necessary

policies and programmes in

order to provide for the

interests, treatment and

facilities, concessions to the

disabled persons under this

Act as well to provide for such

other arrangements as are

deemed necessary. His

Majesty’s Government may

also seek opinion of other

bodies as well as social

associations, so as to

formulate such plan. Social

organization/associations shall

be encouraged to implement

such plan.

In this sub-section, after the

word “other bodies”, “and”

should be used instead of “as

well as”. After “and”

“Concerned stakeholders and

their representatives” should be

added.

In this sub-section, “may also

seek” should be removed and

replaced by “should seek”.

Similarly, “shall be” should be

replaced by “should be”.

Article 4 of Convention on the Rights of Persons

with Disabilities, 2006 states that the it is the

responsibility of the State Party to ensure and

promote the full realization of all human rights

and fundamental freedoms for all persons with

disabilities and to adopt all appropriate

measures (legislative, administrative and other

measures).

In the Interim Constitution of Nepal, 2063, Clause

13 (3), Provisory note, it is stated that nothing

shall be deemed to prevent the making of

special provisions by law for the protection,

empowerment or advancement of the interests

of women, Dalit,………..disabled and those who

are physically or mentally incapacitated.

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20.

Clause 21

(3)

Relation with Helpless Service Coordination Committee: The Ministry shall make necessary arrangements and efforts to coordinate and collect national and international sources which are required or may be available for the acts relating to the disabled persons. The Ministry shall as per necessity make available the funds or goods or services received from such sources to the Helpless Service Coordination Committee or the concerned association or office.

In this sub-clause, “shall make” should be removed and replaced by “should make” and “shall as per necessity make available” should be removed and replaced by “make available”.

In the Interim Constitution of Nepal, 2063, Clause 13 (3), Provisory note, it is stated that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit, ……….. disabled and those who are physically or mentally incapacitated.

21.

Clause 22

Delegation of Power:

His Majesty’s Government may delegate any of the powers conferred on it under this Act to the Social Welfare Officer or other personnel or any association, subject to the exercise of such delegated powers under the prescribed terms and restrictions.

In this clause, instead of mentioning “delegated powers under the prescribed terms”, the “prescribed terms” should be clearly mentioned.

In the Interim Constitution of Nepal, 2063, Clause 13 (3), Provisory note, it is stated that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit,………..disabled and those who are physically or mentally incapacitated. This is against the principle of Check and Balance.

Minimize the situation that creates the misuse of authority.

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22.

Clause 23

His Majesty’s Government to give order directions: His Majesty’s Government, for the protection of the disabled persons and the Welfare Provisions under this Act, may give necessary orders or directions to the Social Welfare Officer or other personnel or any officer or association, and it shall be the duty of all the concerned to abide by such orders and directions.

In this clause, “Social Welfare Officer” should be removed and replaced by “Social Officer”.

Welfare approach does not ensure the rights of the people. Welfare approach enables a person to live only on the basis of sympathy and compassion.

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SERVICE PROVIDERS

List of Organization

S.N.Name of The Organization

Working areas Districts Services Organization TypeContact Number

1.Centre for Mental Health & Counseling-Nepal (CMC-Nepal)

Women, Children, Adolescents/Youth, People with Disabilities, People with Psychosocial Disabilities

Dadeldhura, Doti, Bajhang, Achham, Dailekh, Surkhet,

Salyan, Rolpa, Humla, Jumla, Dhading, Dolakha,

Kavrepalanchok,Okhaldhunga, Ilam and Morang

Psychosocial counseling, Testing for Psycho-diagnostic test, IQ Test, Psychiatry Service, Training Design and Delivery in Mental Health & Psychosocial Counseling

Non-Government Organization (NGO)

01 410203701 4226041

2.Elijah Counseling and Training Organization (ECTC)

Women, Children, Adolescents/Youth, People with Disabilities, People with Psychosocial Disabilities

All over Nepal as requested Counseling, TrainingNon-Government

Organization (NGO)01 5547538

3.Friends of Needy Children/Ankur Counseling Center

Women, Children,Adolescents/YouthPeople with Psychosocial Disabilities

Kathmandu and Nepalgunj

Community Out-Reach, Psychotherapy, Crisis Intervention, Counseling, Child Therapy, Vocational Training, Psychiatric services, Referral System, Self-Help Group

Other (Ankur Counseling Center is one of the

programs of the NGOFriends of Needy

Children)

01 500007001 5528850

4.Himalayan Pathway Psychotherapy Institute

People with Psychosocial Disabilities, Psychotherapy training

All Districts Psychotherapy, CounselingPrivate Limited,Psychotherapy

Institute9841344839

5. Maryknoll Nepal

Women, Children, Adolescents/Youth, Aged Population, People with Disabilities, People with Psychosocial Disabilities

48 districts at present

O.P.D/Consultation, Community Out-Reach, Residential services, Psychotherapy, Counseling, Day-Care, Vocational Training, Psychiatric services, Referral System, Medication prescribed and disbursed, if any

Non-Government Organization (NGO)

01 442587801 4800636

6.Mental Awareness and Research Center(MARC-Nepal)

People with Psychosocial Disabilities

Not SpecificPsychotherapy, Telephone help line, Counseling, Child Therapy, Vocational Training

Non-Government Organization (NGO)

9841463355

69

S.N.Name of The Organization

Working areas Districts Services Organization TypeContact Number

7.Nepal Mental Health Foundation.

People with Psychosocial Disabilities

At national level Self-Help GroupNon-Government

Organization (NGO)01 4427200

8.Richmond Fellowship Nepal

Women, Children, Adolescents/Youth, People with Psychosocial Disabilities

Kathmandu, Lalitpur, Bhaktapur, Kaski, Chitwan,

Morang, Kailali

O.P.D/Consultation, Community Out-Reach, Residential, Psychotherapy, Telephone help line, Counseling, Day-Care, Vocational Training, Psychiatric services, Referral System, Self-Help Group, Primary Health Care

Civil Social Organization (CSONon-Government

Organization (NGO)

01 4335956

9.Trans cultural Psychosocial Organization (TPO)

Women, Children, Adolescents/Youth, Community

Kathmandu, Jhapa, Makawanpur, Chitwan,

Pyuthan, Banke, Kanchanpur, Sindhupalchowk, Kavrepalanchowk

Self help/Support group, Clinical services, Community level support to the most vulnerable population

Non-Government Organization

(NGO)

01 443171701 4437124

10.United Mission to Nepal (UMN)

Women, Children, Adolescents/Youth, People with Psychosocial Disabilities, Children with Disabilities

Mugu, Bajhang, Doti, Rukum,Dhading, Rupandehi, Sunsari

Capacity Building, Advocacy, Community health services, Provide the formal and non-formal education, Sustainable Livelihoods, Peace building

International Non- Government

Organization (INGO)01 4268900

70

List of Hospitals

S.N. Name of Institute Address Contact Number

KATHMANDU VALLEY

1. Department of Psychiatry, Institute of Medicine Maharajgunj, Kathmandu 01 4412303, 4412404

2. Kathmandu Medical College Teaching Hospital Sinamangal, Kathmandu 01 4476152, 4469064

3. Nepal Medical College Teaching Hospital Attarkhel, Kathmandu 01 4911008

4. Medicare National Hospital & Research Center Chabahil, Kathmandu 01 4467067

5. Mental Hospital Lagankhel, Lalitpur 01 5521612, 5521333

6. Om Hospital and Research Centre Chabahil, Kathmandu 01 4476224, 4476225, 4466179

7. B & B Hospital Gwarko, Lalitpur 01 5544800 5531930

8. Patan Hospital Lagankhel, Lalitpur 01 5522295, 5522266

9. Alka Hospital Jawalakhel, Lalitpur 01 5555555, 5544477

10. Blue Cross Nursing Home Tripureshwor, Kathmandu 01 4265927, 4266202

11. Punarjeevan Hospital Balkumari , Lalitpur 01 5006115

12. Kist Medical College Imadole-6, Lalitpur 01 5201681, 5201682, 5201834

13. Grande International Hospital Dhapashi, Kathmandu 01 4380223

14. Tranquillity Hospital and Research Centre Khumaltar, Lalitpur 01 5544940

15. Star Hospital Sanepa Chowk, Lalitpur 01 5550197

16. Manoutthan Upachar Kendra Katunje, Bhaktapur 01 6617156

17. Community Mental Health Center Danchhi, Kathmandu 01 6912144

71

S.N. Name of Institute Address Contact Number

POKHARA

18. Gandaki Medical College Pokhara, Kaski 061 561718, 561768

19. Metrocity Hospital Srijana Chowk, Pokhara 061 522849, 522648

20. BG Hospital and Research Centre Pvt. Ltd. Matepani-12, Pokhara 061 538975

21. Western Regional Hospital Pokhara, Kaski 061 520066, 520067

22. Manipal Hospital Pokhara, Kaski 061 526416, 526417

BHAIRAHAWA

23. Universal College of Medical Sciences, Bhairahawa 071 521752, 524192

BIRATNAGAR

24. Nobel Medical College Biratnagar 021 460736, 462899

BIRGUNJ

25. National Medical College Birgunj 051 532260, 521780

CHITAWAN

26. Chitwan Medical College Bharatpur 056 526912, 525012

27. College of Medical Sciences Bharatpur 056 521861, 524203

DHARAN

28. BP Koirala Institute of Health Sciences Dharan 025 525555, 520802

KAVREPALANCHOWK

29. Dhulikhel Hospital / Kathmandu University Hospital Dhulikhel, Kavre 011 490497 (Ext-408)

NEPALGUNJ

30. Nepalgunj Medical College Nepalgunj 081 520950

PALPA

31. Lumbini Medical College Teaching Hospital Palpa 075 520840, 522217