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 of Persons with Disabilities Bill Opposed

Rights of Persons with Disabilities Bill Opposed

Staff Reporter

 

‘Definition of the blindness in this Bill is not clear and it will create more confusion during certification of blindness and low vision’

Activists working for rights of physically challenged have protested against efforts to pass the ‘Rights of Persons with Disabilities Bill, 2014’ in current form.

Adviser of Milton Charitable Foundation for the Visually Handicapped (MCFVH) Madhaba Kumar Bisoyi, who also happens to be the assistant regional director of the IGNOU, said definition of the blindness in this Bill is not clear and it would create more confusion during certification of blindness and low vision.

He added that Section 33 (2) of this bill is also affecting the rights of physically challenged by mentioning that the employer is allowed to appoint a person without disability after one year, if the vacancy could not be filled by a person with disability, which was not allowed earlier.

President of the MCFVH Harsha Chandra Rath alleged that in the name of empowering the differently-abled through this Bill, the government was planning to curtail their rights.

He said in the existing Persons with Disability Act 1995, there is provision of age relaxation of 10 years, which has been reduced to five years in the current Bill for Group C & D jobs.

He felt this provision will affect their social as well as financial empowerment.

Academician Rajnish Kumar Arya alleged that that the current Bill violates the United Nations Charter of Rights Persons with Disabilities (UNCRPD).

Being a signatory of this charter, it is India’s obligation to compile a Bill in accordance to the charter, he said. According to him, in the new Bill several issues related to rights of physically challenged had been ignored and the most important right, which is right to participation in political and public life, either diluted or ignored in this Bill, he said

Ranjan Kumar Biswal, general Secretary of the MCFVH expressed his protest against the manner in which the new Bill was drafted.

“For a Bill that was touted to be framed by an inclusive process, the version of the Bill cleared by the Cabinet was made available to the public just a fortnight before the proposed parliamentary session which seeks its introduction and passing” he said.

He added that Section 10 of the proposed Bill deals with “accessibility in voting” and mentions that the Election Commission of India and State Election Commission shall ensure that all polling stations are accessible to persons with disabilities and that all materials related to the electoral process are easily understandable by and accessible to them. “This is seriously limiting the scope of Article 29 of UNCRPD, which recognises the right and opportunity to stand for elections”, Mr Biswal said.

Source: http://www.thehindu.com/todays-paper/tp-national/tp-otherstates/rights-of-persons-with-disabilities-bill-opposed/article5683618.ece

Bill on Quota for Differently Abled in Coming Session

Bill on quota for Disabled in coming session

The government will table for passage in the upcoming Parliament session a new bill for the disabled persons that provides for five per cent reservation in public sector jobs.

Inaugurating ‘Samarth-2014’, a programme organised by the Ministry of Social Justice and Empowerment on Wednesday, UPA chairperson Sonia Gandhi said the Disability Act of 1995 was being amended to meet the norms of the UN convention on the rights of persons with disabilities. “Union Cabinet has given its nod to the amendments. I have full faith that we will be able to pass it in the next session,” she said.

The Union Cabinet had approved last month the Rights of Persons with Disabilities Bill to replace the Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act of 1995.

The bill covers a variety of issues relating to the disabled persons such as physical, mental and multiple disabilities.

Ms. Gandhi said there was a need to link the issues of the disabled with the mainstream of the society and the government and make their development a key component of policies. “It is the solidarity of the disabled that should be given credit if the government and society has made some progress providing the disabled people opportunities,” she added.

"There is a need to develop self confidence among the disabled... we have to still make a lot of efforts to ensure their human rights and freedom," she said, while noting that the issues of the disabled are now treated only as medical issues.

Pointing out that the social model had now replaced the medical model of disability, Ms Gandhi said the disabled persons should not be kept aloof from the society. “We will have to ensure that they make their place within the mainstream of the society and become its integral part."

In her address, Minister of Social Justice and Empowerment, Kumari Selja underlined the role of media in creating awareness on disability issues.

The Minister added that it has been our experience that persons with disabilities given proper support and right environment have excelled in various fields, like education, employment, art, painting, music and dance. “If we look at people like Rajeev Bagga (Hearing/Speech Impaired), a National Badminton Champion in the early 1990s, Garimella Subramanium (Visually Impaired), a senior journalist with the Hindu, Prabha Shah (Hearing/Speech Impaired), a painter/artist, Sudha Chandran (Orthopedically Challenged), a dancer/actress, we are compelled to think differently.”

There is hope, there is ability, there are pathways that can take us forward, there are solutions that can help us break free of the strangehold of challenges. Disability is thus a matter of culture, attitude and not physical impairment, the Minister said. 

More than 280 participants with disabilities from all over India will perform in the various events organized, such as National Programme of Dance and Music in which 95 items will be presented, a day-long Film Festival of 21 films on 16th January on Disability related themes and 5 exhibitions titled Colours of Ability displaying 60 art works, 9 Abilympics Champions, 21 ‘Disabled Artisans and craftsman in action’, and products made by them along with enabling aids and assistive devices for PwDs.

Source :  http://www.thehindu.com/news/national/bill-on-quota-for-disabled-in-coming-session/article5578878.ece

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