A Hurried Disabilities Bill Will Serve No Purpose

A Hurried Disabilities Bill Will Serve No Purpose

Let us not hurriedly enact a retrograde legislation for all disabilities, which would be impossible to amend for the next 25 years. In order to correct the injustice of exclusion, let us not create an equality of oppression.

The Rights of Persons with Disabilities Bill was introduced in the Rajya Sabha to universal criticism and till now, 16 amendments have been circulated to members of the upper House in an effort to save the Bill. The objective of the legislation was stated as "a Bill to give effect to the United Nations Convention on the Rights of Persons with Disabilities" (UN CRPD). Hence it must be in consonance with the requirements of the Convention to fulfill its primary purpose. The CRPD mandates an absolute prohibition on discrimination on grounds of disability, but this Bill permits discrimination provided it is to achieve any legitimate aim, in clear violation of the CRPD!

The CRPD prohibits deprivation of liberty on grounds of disability. The Bill cleverly inserts one word to change the guarantee altogether: it says that no person shall be deprived of his or her personal liberty only on grounds of disability. This formulation was rejected while drafting the CRPD since it permits the deprivation of liberty when a person with disability is destitute or considered to be 'dangerous'. For thousands, the addition of 'only' could mean being forced to live in institutions for the rest of their lives.

The other core CRPD principle that remains to be examined is the right to exercise legal capacity on an equal basis with others in all aspects of life. Presently scores of laws disqualify persons with disabilities from marrying, inheriting, voting, etc. The CRPD seeks to offset disqualifications imposed upon people with intellectual, psychosocial and developmental disabilities by recognising their right to live their lives according to their will and preference.

However, the 2014 Bill did not even mention the right to legal capacity. In the amendment, legal capacity has been recognised as an obligation of the government, not a right of persons with disabilities. If the government fails to ensure legal capacity, then the person with disabilities can do nothing but bemoan the poor implementation of Indian laws. Consequently, entitlement of reservations in jobs becomes meaningless for persons with disabilities. If it were possible to make things worse, section 110 of the legislation states categorically that the Bill will not override any existing laws, which means all discriminatory laws will continue to be valid!

However, despite the many flaws in the Bill, people with the newly-included disabilities are pressing for its enactment because these disabilities have been waiting for inclusion in the Act since 1999 and feel they cannot wait any more. This grievance is undeniably genuine. The correct way to address this concern would be to amend the Act of 1995, whether by Act or ordinance to include the long-excluded disabilities.

Let us not hurriedly enact a retrograde legislation for all disabilities, which would be impossible to amend for the next 25 years. In order to correct the injustice of exclusion, let us not create an equality of oppression.

Source: http://timesofindia.indiatimes.com/city/hyderabad/A-hurried-disabilities-Bill-will-serve-no-purpose/articleshow/30579944.cms

Rights groups seek passing of disability Bill in Parliament

Rights groups seek passing of disability Bill in Parliament

Expressing disappointment over the inordinate delay on part of Parliament in introducing the Rights of Persons with Disabilities Bill, disability rights groups are planning to hold candlelight vigils in various parts of the country and outside the Vice President's house as a sign of protest.

"Ministry of Social Justice and Empowerment had given an assurance that the Bill would be introduced in the winter session of Parliament. The Union Cabinet has even given its approval for the Bill. But it still hasn't been introduced and we don't understand why.

It is our demand that when the Parliament session is convened to pass the Vote of Account in January/February, this extremely important piece of legislation be taken up by both the Houses of Parliament

for enactment," Javed Abidi, Convener, Disabled Rights Group, said.

With India ratifying the UN Convention on the Rights of Persons with Disabilities in 2007, it was expected that all four disability legislations — Mental Health Act, 1987, Rehabilitation Council of India Act, 1992, Persons With Disability Act, 1995, and the National Trust Act, 1999, would be harmonised with provisions of UNCRPD. While the Mental Health Care Bill was introduced in Parliament, the Bill replacing the 1995 Disability Act is yet to be introduced.

Members also plan on approaching political parties to garner support. "Just because we don't sit on dharnas,

doesn't mean that the political class can take us lightly," Muralidharan, secretary, National Platform for The Rights of the Disabled, said.

In Delhi, the vigil will be held outside the Vice President's House, from 5 pm till midnight on New Year's eve, with the disabled from across India attending the event.

Prominent activists from the disabled community, such as A S Narayanan (National Association of Deaf People), Jitender Gupta (National Association for the Blind), spoke for the Bill at the event.

"If we believe disabled have a right to self-determination, we should pass this Bill," G Syamali, an activist, said.

Source : http://www.indianexpress.com/news/rights-groups-seek-passing-of-disability-bill-in-parliament/1212622

Activists press for introducing New Disabilities Bill in Parliament soon

Activists press for introducing Disabilities Bill in Parliament soon

Disability rights groups on Friday expressed dismay over the inordinate delay in introducing the Rights of Persons with Disabilities Bill in Parliament even after it was approved by the Cabinet a few days ago.

Activists of the Disabled Rights Group (DRG) and the National Platform for the Rights of the Disabled (NRPD) said they will approach major political parties to convince them to introduce the Bill when Parliament reconvenes.

"Parliament session will be convened to pass the Vote on Account in January and February. This important piece of legislation must also be taken up by both, Lok Sabha and Rajya Sabha for enactment," NPRD secretary Muralidharan said.

DRG convener Javed Abidi said, "We will be approaching all major political parties to garner support for this as we genuinely believe that the cause of disability is a totally non-partisan and non-political issue."

Besides offering a comprehensive definition of disability, the legislation which will replace the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act 1995, provides for an increase in the quota for persons with disabilities from three per cent to five per cent in government jobs.

It also makes private companies accountable for creating a disabled-friendly environment.

As a mark of protest, disability rights activists will hold candle-light vigils in various parts of the country on December 31, the members said. In Delhi, the vigil will be held outside the Vice President's House as he is the chairman of Rajya Sabha, they said.

With India ratifying the UN Convention on Rights of Persons with Disabilities (UNCRPD) in 2007, it was expected that all the four disability-specific legislations -- the Mental Health Act 1987, Rehabilitation Council of India Act 1992, Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 and the National Trust Act 1999 -- would be harmonised with the provisions of the UNCRPD.

However, while the Mental Health Care Bill has been introduced in Parliament, the bill replacing the Persons with Disabilities Act of 1995 is yet to be introduced.

Though the process of drafting the new law started over four years back and has gone through various stages, the delay in introducing this legislation is inexplicable, Abidi said.

More than a year has passed since the new draft of the proposed bill was uploaded on the website of the Ministry of Social Justice and Empowerment in September 2012.

The Minister for Social Justice and Empowerment had given an assurance that the bill would be introduced in the winter session of Parliament. The Union Cabinet gave its approval to the draft bill on December 12. However, the abrupt end of the Parliament session on December 18 prevented the bill from being tabled. 

Source : http://articles.timesofindia.indiatimes.com/2013-12-27/india/45625316_1_parliament-session-rights-group-disabilities-act