Statement by India at the 37^th Session of Human Rights Council (26 February-23 March 2018) on Agenda Item 3: Cluster Interactive Dialogue with the SR on Disabilities and Independent Expert on Albinism, delivered by Dr. A. Sudhakara Reddy, Counsellor (Legal). [Geneva, 06 March 2018]

Mr. President,

We thank both the SRs for their extensive presentations. Our statement is limited to the report of SR on Disabilities.

2. The SR’s report points out the importance of legal harmonisation to guarantee the right of persons with disabilities to equal recognition before the law as provided in Article 12 of the Convention on the Rights of the Persons with Disabilities (CRPD). We agree with the view that the equality before law is the fundamental right of every human being and a necessary precondition for the exercise of all other human rights. Indian Constitution guarantees the equality before law to all persons within its territory.

3. We note with appreciation the recommendation of SR, recognising the legal capacity of the rights of persons with disabilities on an equal basis in all aspects of life and provide them with access to the support they may require in exercising their legal capacity. We have also noted the concern of SR regarding the issue of mental health. The right to legal capacity as envisaged in the CRPD has been given due recognition in our national legislation enacted in 2016, wherein the mental illness has been included as a condition of disability. For instance the definition on “persons with disability” should be read in conjunction with section 13 of the Act.

Mr. President,

4. We have also noted SR’s observation with regard to increased interest and initiation of pilot projects to address the issues relating to the supported decision making in practice. India at present committed to a system of joint decision making which operates on mutual understanding and trust between the guardian and the person with the disability.

5. While noting the recommendations of the SR, the “right to equal recognition before law” requires proactive measures to eliminate several barriers. India remains committed to eliminating these barriers with a view to promoting the welfare of persons with disabilities.

I thank you.