Section 6 of The Rights of Persons with Disabilities Act, 2016.
- (1)The appropriate Government shall take measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading treatment.
- (2)No person with disability shall be a subject of any research without,—
- (i)his or her free and informed consent obtained through accessible modes, means and formats of communication; and
- (ii)prior permission of a Committee for Research on Disability constituted in the prescribed manner for the purpose by the appropriate Government in which not less than half of the Members shall themselves be either persons with disabilities or Members of the registered organisation as defined under clause (z) of section 2.
Summary
- The government must take steps to protect people from torture and cruel or degrading treatment.
- No person with a disability can be used as a subject for research without their clear and informed consent.
- This consent must be obtained using communication methods the person can easily understand, like Braille or sign language.
- Any research project must get permission from a special Committee for Research on Disability first.
- At least half of the members of this research committee must be people with disabilities or come from organizations that represent them.
Practical examples
FAQ
1. Can a hospital perform a medical experiment on me without asking under The Rights of Persons with Disabilities Act, 2016, Section 6?
No, under Section 6 of the Act, no person with a disability can be a subject of research without their free and informed consent and the prior approval of a specialized research committee.
2. Who decides if a research study is allowed under Section 6 of the Rights of Persons with Disabilities Act?
A Committee for Research on Disability must give permission, and Section 6 requires that at least half of the members of this committee are persons with disabilities or representatives from registered disability organizations.
3. How should researchers talk to people about consent according to Section 6 of the disability law?
Section 6 of the Rights of Persons with Disabilities Act, 2016, states that consent must be obtained through accessible modes and formats of communication that the person can understand.
Test yourself
Q1.Under Section 6 of The Rights of Persons with Disabilities Act, 2016, what is required before a person with a disability can participate in research?
Q2.According to Section 6 of The Rights of Persons with Disabilities Act, 2016, what proportion of the Committee for Research on Disability must be persons with disabilities or members of disability organizations?
Q3.Under Section 6 of The Rights of Persons with Disabilities Act, 2016, which authority must give prior permission for research involving persons with disabilities?
Q4.If a person uses sign language, how should a researcher obtain consent under Section 6 of The Rights of Persons with Disabilities Act, 2016?