SCIENTIFIC METHODS IN REHABILITATION OF THE PERSONS  WITH MENTAL RETARDATION

Introduction

It provides the detail reference of scientific methods of correctional and rehabilitation of mentally retarded persons and offenders, in India and other countries in the globalised world. This chapter has been divided into the following topics as under

Legislative approaches

The Government of India has enacted the following legislations for re habilitating & empowering the Persons with Disabilities and notified Rules & Regulations under the provisions of the Acts:

Acts relating to rehabilitation of mentally Retarded persons & offenders

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

The Act has been enacted by the Govt. of India, which gives effect to the proclamation on the full participation and equality of the persons with disabilities in the Asian & Pacific Region and provides for their education, employment, creation of barrier free environment, social security, etc. The implementation of the Act requires a multi-sect oral collaborative approach by the appropriate governments, including various Central Ministries/Departments, States/Union Territories, local bodies.

(Ministry of Social Justice & Empowerment had, constituted a Committee under the chairpersonship of Dr. Sudha Kaul, Vice Chairperson, Indian Institute of Cerebral Palsy, Kolkata, to draft a new legislation for persons with disabilities, replacing the present Persons with Disabilities (Equal Protection of Rights and Full Participation) Act, 1995. The Committee submitted its final Draft called the Rights of Persons with Disabilities Bill, 2011, to the Ministry on 30.6.2011, which is awaited for nod of the Parliament).

National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999

The Act provides for constitution of the Board of the National Trust, Local      Level Committees, Accountability and Monitoring of the Trust. It has provisions   for legal guardianship of the four categories of the persons with disabilities and for creation of enabling environment for their as much independent living as possible.

Rehabilitation Council of India Act, 1992

The Act provides for constitution of the Rehabilitation Council of India for regulating the training of rehabilitation professionals, maintenance of a Central Rehabilitation Register, recognized rehabilitation qualifications, minimum standards of educations etc.

Rules & Regulations relating to rehabilitation of mentally retarded    persons & offenders

n       Amended Rules for Persons with Disabilities

n      The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996

The National Trust Rules, 2000

The National Trust Regulations, 2001

Rehabilitation Council of India Regulations, 1997

Rehabilitation Council of India (Conditions of Service of the Member-Secretary, the officers and other employees) Regulations, 1998

Rehabilitation Council of India (Standards of Professional Conduct, Etiquette and Code of Ethics for Rehabilitation Professionals) Regulations, 1998.

Judicial approaches

The Apex Court in some leading cases insisted the proper rehabilitation for mentally retarded offenders in order to ensure right to life and personal liberty of every citizen of the country. Here, some of the leading cases relating to rehabilitation of these persons are:

 

Upendra Bakshi v. State of Uttar Pradesh

Sheela Barse (I) v. Union of India

Chandan Kumar Banik v. State of West Bengal

In Social Jurist v. Govt. of NCT of Delhi

Sheela Barse (II) v. Union of India

Community Based Rehabilitation & Institutional Based Rehabilitation

A number of approaches to rehabilitation of persons with disabilities are being advocated both in theory and in practice.  The two broad approaches to rehabilitation are Community Based Rehabilitation (CBR) and Institutional Based Rehabilitation (IBR). The distinctive features of CBR are that needs of persons with disabilities are met within their own environment, involving family members and community (1). It refers to measures taken at community level to use and build on locally available resources of the community.  These resources include the disabled persons, their families and others in the community (2).  IBR on the other hand, is rehabilitation of persons with disabilities at or through institutions, often away from their homes.  IBR generally leads to a transformation in social behavior of persons with disabilities, making the process of their social integration difficult.  However, the quality of rehabilitation services provided through IBR tends to be better than through CBR, as services are provided by professionals and specialists, with the assistance of more sophisticated equipment and tools.

The Pre Congress Workshop on “CBR (Community Based Rehabilitation) & Mental Health” was promoted and supported by:

Disability & Rehabilitation team of World Health Organization (WTO/DAR)

Dept. of Mental Health, Ministry of Public Health , Thailand

International Disability & Developmental Consortium (IDDC)

Christopher Blinden Mission  (CBM)

Italian Association Amici Di Raoul Follereau (AIFO)

And it was co-ordinate by WHO, Govt. of Thailand, and many international organizations including IDDC, CBM, Basic Needs India and others, some of the conclusions drawn from this work shop are:

Persons with mental illness are often surrounded by strong stigma prejudice

There are few mental health referral services and professionals in many developing countries

Many CBR programs do not include persons with chronic mental illness in their work

There are positive examples of CBR programs showing great deal of convergence with community mental health programs

 Role of NGOs and other bodies

It is recognized that NGOs have played a significant role in the development of rehabilitation services for persons with disabilities worldwide. This has been done regularly in the absence of Government involvement and initially took an institutional, charity-based approach. Present day developments, however, favour a participatory, community based approach, complementing and liaising with Government plans and services, and working with all the stakeholders’ groups. NGOs and Governments vary in their capacity to change their working practices to achieve these aims.

Some of the important are:

Akshaya Rehabilitation Trust,   No: 37 – G/168, Prasath Road, Narimedu, Madurai – 625002, Tamil Nadu, INDIA

Karnataka Body for Mentally Retarded

Minds & Souls

 -LawZ Bureau

NGOs and Governments vary in their capacity to change their working practices to achieve these aims

It is recognized that NGOs have played a significant role in the development of rehabilitation services for persons with disabilities worldwide. This has been done regularly in the absence of Government involvement and initially took an institutional, charity-based approach. Present day developments, however, favour a participatory, community based approach, complementing and liaising with Government plans and services, and working with all the stakeholders’ groups

IBR generally leads to a transformation in social behavior of persons with disabilities, making the process of their social integration difficult.  However, the quality of rehabilitation services provided through IBR tends to be better than through CBR, as services are provided by professionals and specialists, with the assistance of more sophisticated equipment and tools

The Act has been enacted by the Govt. of India, which gives effect to the proclamation on the full participation and equality of the persons with disabilities in the Asian & Pacific Region and provides for their education, employment, creation of barrier free environment, social security, etc.

-LAWZ BUREAU

One thought on “SCIENTIFIC METHODS IN REHABILITATION OF THE PERSONS  WITH MENTAL RETARDATION”

  1. Nikhil Chavan says:

    That’s really a wonderful peace of Information, Thanks for sharing.

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