Time To Enable The Disabled

Time To Enable The Disabled

A Bill as politically non-contentious as the Rights of the Persons with Disabilities Bill, 2014, on which the aspirations of millions of people with disabilities are riding, is, shocking though this may sound, stuck between a rock and a hard place. On the one hand, it was recently introduced in the Rajya Sabha but disruptions over political issues like Telangana have ensured that the Bill, which seeks to increase the reservation quota for the disabled in public sector jobs and seats in higher educational institutions, was not taken up for discussion.

On the other hand, the disability rights activists seem to be divided over the proposed amendments as it is alleged that their recommendations have been ignored and it is a watered down version of their earlier demands. Moreover, it was a leaked copy of the Bill that made activists realise that the Bill to be tabled in the Rajya Sabha was not the same as the one available on the website of the ministry of social justice and empowerment, leading to protest rallies in Delhi. While the Bill, rightly, seeks to raise the number of disabilities from seven to 19, it includes only those who suffer not less than 40% of the relevant disability — this many activists feel is quite ambiguous especially in cases of intellectual disabilities and it does not ensure full legal capacity to people with disabilities.

In a country where of 70 million people with disabilities, only about 100,000 have succeeded in obtaining employment in industry, and inaccessible public infrastructure is a cause of their daily travails, this was a controversy the government could have done without had the authorities concerned kept all the stakeholders in the loop. However, practicality suggests that parliamentarians, cutting across the party lines, must now rise above politics and ensure that the Bill sees the light of day.

The Bill may be far from being perfect but given the fact that the ongoing Parliament session is the last one before the general elections, there’s no time to lose. There are several social and infrastructural barriers that need to be crossed to make the Bill effective on the ground. Instead of taking a one-step-forward-and-two-steps-back approach, the government must show urgency to build on what already exists.

Source: http://www.hindustantimes.com/comment/time-to-enable-the-disabled/article1-1184681.aspx#sthash.qtDDaNvi.dpuf

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

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

'If Sachin, Jaya in Rajya Sabha, why not disabled persons?'

'If Sachin, Jaya in Rajya Sabha, why not disabled persons?'

As the political atmosphere heats up, one community feels left out in the cold. Differently abled people form a large group of voters but their needs are often overlooked by political parties. George Abraham is the founder of Score Foundation, a non-profit organization working for visually impaired people. Having lost his eyesight when he was 10 months old, Abraham's focus is on helping the visually impaired live with dignity. Speaking with Rohit E David, Abraham discussed interventions to help the differently abled vote, why Parliament should have such representatives — and politicians who interest him currently:

Please tell us about your experience as a visually challenged voter? When did you go to vote last and was it a difficult exercise?

Well, that was not a very bad experience as media personnel were covering my voting during the UP state elections in 2012. The Electronic Voting Machine (EVM) did not have Braille but thankfully, the officials allowed my wife to accompany me.

The only problem i encountered was finding my name on the voting list, which was a tough task. For a visually impaired person, this could actually become too tedious.

Can you suggest solutions to the Election Commission for making the electoral process friendlier towards differently abled people?

Firstly, there are certain flaws in the EVM machines. They do not have an option of Braille. These could be re-designed in a manner where talking software could tell disabled people about the list of contesting candidates. And we should have proper access at the booths, so that such people can move freely within polling stations.

Actually, the Supreme Court has given a set of guidelines to the Election Commission to help disabled people exercise their vote without hindrance. According to these, separate queues should be set up for disabled people and full facilities should be provided to take wheelchairs inside polling stations. At booths that don't have such facilities, temporary ramps should be set up.

And very importantly, polling personnel should be sensitised about the special needs of disabled people.

Do you think differently abled people's aspirations are not addressed by political parties?

Well, we are not seen as a vote bank. There's not much value attached to people with any disability — but if people with disabilities are well looked after, the country would be a far better place.

How would the visually impaired community benefit from having a representative in Parliament?

A disabled representative in Parliament means we will be visible to politicians — our presence in the House would mean the mindset of people around us would change. And we would not only speak on issues related to us but on foreign affairs, educational policy and corruption too.

If Sachin Tendulkar and Jaya Bachchan can be nominated to Rajya Sabha, then a person with a disability can be nominated too.

Let's talk politics — who appeals to you as India's next prime minister?

Gujarat chief minister Narendra Modi is favoured by the industrial group but i don't know how popular he might be amongst the rural population. Meanwhile, at another level, the ideology of Aam Aadmi Party is appealing to the janata — but it remains to be seen if they can sustain themselves and whether Arvind Kejriwal can live up to what he has said.

Source: http://articles.timesofindia.indiatimes.com/2013-12-26/interviews/45591741_1_disabled-people-jaya-bachchan-braille