Disability act draft backs right to retain fertility
R VasundaraR Vasundara, TNN | Jul 12, 2011, 04.56am IST

CHENNAI: The final draft of the new Disability Act, 2011, includes a 
first-of-its-kind proposal that upholds the right of the disabled to retain 
their fertility. Forced sterilization of disabled people, both physical and 
mental, will be a punishable offence with imprisonment up to 10 years and fine. 
The proposal, however, evoked mixed reactions. While state officials expressed 
their unease about the law and how to implement it, activists and NGOs welcomed 
it. 

Forced sterilization is traditionally practised on mentally-challenged women 
susceptible to sexual abuse. To prevent unwanted pregnancy and the hassles of a 
regular menstrual cycle, mentally-challenged women are sterilized without their 
consent. In some cases, physically-disabled women are also sterilized as they 
are perceived to be incapable of taking care of children. By banning 
sterilization without the consent of the disabled person, the new law proposes 
to recognize the legal capacity of disabled people. 

State officials are uncertain about its implementation. "How does one take the 
consent of a mentally-challenged person who does not understand the concept of 
fertility?" asked an official. "Also, how does one monitor such a rule? 
Sterilization still cannot prevent sexual abuse," said another official. 

http://timesofindia.indiatimes.com/india/Disability-act-draft-backs-right-to-retain-fertility/articleshow/9192736.cms

Vikas Kapoor,
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