Friends
I have sent the following recommendations to Ministry of social justice and
empowerment and chief commissioner for persons with disabilities.
Please go through them, and forward them to appropriate bodies, as you deem fit.
We must speak out, at least now.
Do feel free to discuss with me anything about them.
I have put them in tabular form on:
http://www.sendspace.com/file/mw5z0e
Regards
From: Asudani, Rajesh
Sent: Thursday, October 15, 2009 4:07 PM
To: 'jsap-mo...@nic.in'
Cc: 'c...@hub.nic.in'
Subject: Recommendations for disabilities act
To
Dr. Arbind Prasad,
Joint Secretary (Disability Division),
Ministry of Social Justice & Empowerment,
Room No.612 "A" Wing,
Shastri Bhawan,
New Delhi - 110 001.
Fax No.: 011-23384918
E-mail :
jsap-mo...@nic.in
Dear Mukul Vasnik Jee,
I am delighted to learn that your ministry is contemplating amendments in
persons with disabilities act.
As a person with visual disability myself, and being functional in profession,
society, and also in disability sector, I have, after giving the matter a
thought and deliberating on it with people wiser than myself, arrived at a few
suggestions which I think may put the persons with disabilities on a footing
which is equal as well as different keeping in mind their legitimate needs and
rights.
All the same, I must confess that the following recommendations may reflect my
first hand experience with visual disability and lack of the same as far as
other disabilities are concerned. However, I have applied my mind and
imagination and put forth some tentative points. I have quoted the ministry
itself on various draft amendments as put forth by it on the website and
thereafter wrote my suggestions in different areas.
I am also attaching them in tabular form for your ready reference.
Hope that your honor would devote some of your valuable time to peruse them and
put them into effect if found suitable.
Recommendations follow:
Serial No. Topic
Amendment proposed by ministry, if any
Recommendation
1. Definition (a) "Autism" is a disability in the
National Trust Act, but not in the PwD Act. Likewise,
"multiple disabilities" is defined in the National Trust Act. It is proposed to
add
definitions of "autism" and "multiple disabilities" in the PwD Act, in line
with the definitions
given in the National Trust Act.
(b) Definition of "rehabilitation" is proposed to be modified and definitions
of ,
"communication", "discrimination on the basis of disability", "inclusive
environment", "language", "public building", "reasonable accommodation" and
"universal design" are proposed to be added, in line with the provisions of
UNCRPD.
(c) Definitions of "blindness", "hearing impairment" and "persons with low
vision" are
proposed to be revised to make them more accurate, based on the recommendation
of
the Expert Committee set up by this Ministry under the chairmanship of DGHS.
(d) Definition of "appropriate Government" is proposed to be improved.
(e) Other important definitions proposed to be added are- "local authority" and
"poverty
alleviation schemes". Additions and modifications in definitions are
welcome. However, the definition of disability Be aligned to UNCRPD, criteria
(impairments, reversible/irreversible/imputed in interaction with
attitudinal/environmental barriers), should be laid down,
enumeration of categories should be inclusive and confined to section 2, and
not scattered all over the act, learning disabled and deaf-blind be also
defined in section 2 itself. Mental illness be removed from categories of
disability as learning disabled have been defined and disease is not equated
with disability and also because act contains little to affect mentally ill.
Rational quantification-into mild and severe disability be done and percentage
wise quantification be done away with.
Category of Low vision be deemed as mildly blind, and care should be taken to
avoid cases where a person would medically fall into neither blind nor low
vision.
2 Mainstreaming disability nil
Implementing bodies be made more representative of disabled. All constitutional
bodies from Parliament to Panchayat to have at least one disabled
representative. Articles 15 & 16 of Constitution be amended to Prohibit
discrimination on basis of disability per se. Disability budgeting on lines of
gender budgeting be implemented.
Art. 17 of constitution be amended to wipe practice of disability exclusion.
3 Strong Statutes:
Nil Prevention of atrocities act for disabled On the
lines of SC atrocity prevention act, be enacted
Abusing in the name of disability be declared an offence.
4 Right to Life:
Nil Cost of all corrective steps for disability
Like Keratoplasty cochlear implants
Be borne by government Cornea after death
Be declared "National resource"
Free from any private encumbrance.
5 Inclusive Education
(a) Section 26 ("Education of children with disabilities at the
school level")- The
concept of inclusive education at the school level is proposed to be
introduced, to bring it
in line with the present policy under the Sarva Shiksha Abhiyan and Art. 24
("Education")
of the UNCRPD.
(b) A new Section 26-A ("Distance Education of Persons with Disabilities above
18
years of age to be free up to the senior secondary stage") is proposed to be
introduced, to provide free education through distance education for persons
with
disabilities up to senior secondary stage irrespective of age.
(c) A new Section 26 B ("Higher and Professional Education"), is proposed to be
introduced to promote higher education for students with disabilities.
(d) A new Section 27 ("Education of children with learning disabilities"), is
proposed to
be introduced (replacing the existing Section 27) to improve the coverage of
the subject
of education in the Act to give attention to children with learning
disabilities. The present
Act has no provisions whatsoever about children with learning disabilities.
(e) A new Section 27A ("Education of children with cerebral palsy and children
with
multiple disabilities, especially deaf blind children"), is proposed to be
introduced to
improve the coverage of the subject of education in the Act to give attention
to children
with cerebral palsy and children with multiple disabilities, especially deaf
blind children.
(f) In Section 30 ("Appropriate Governments to prepare a comprehensive education
scheme providing for transport facilities, supply of books, etc."), suitable
amendments are being proposed to accommodate the special requirements of
visually
impaired and hearing impaired children with regard to evaluation system and
curriculum.
(g) The scope of Section 31 ("Educational institutions to provide amanuensis to
students with visual handicap") regarding provision of amanuensis to students
with
disabilities, is proposed to be expanded to include persons with disabilities
in the writing
upper limb, including students with cerebral palsy.
(h) The scope of the section Section 39 ("All educational institutions to
reserve seats for
persons with disabilities"), which covers Government and Government-aided
institutions, is proposed to be extended by including all recognized
institutions, which
would be required to provide 3% reservation (Section 31A replaces Section 39).
legitimate assistance to special schools Fostering inclusive
educational ambience at the same time. Training all teachers to teach disabled
children as well. Giving disability scholarships in addition to, and not in
lieu of, other benefits, Making study material available in suitable
alternative format.
Reasonable accommodation be provided in education.
Section 26B about professional and higher education should include
reimbursement of cost of course to disabled. Modification proposed in
evaluation scheme are unclear and give negative signals. Modification in
curriculum or providing substitute questions is enough. For section 31, see
next point about scribe. Carving section 31A instead of section 39 and
extending reservation to all recognized institutes is welcome, however,
provisions about reasonable accommodation in education should also be extended
to all recognized institutions.
6 Exercising legal capacity-scribe (g) The scope of Section 31
("Educational institutions to provide amanuensis to
students with visual handicap") regarding provision of amanuensis to students
with
disabilities, is proposed to be expanded to include persons with disabilities
in the writing
upper limb, including students with cerebral palsy.
A uniform scribe policy-the need of the hour.
Discretion of candidate to bring the scribe or accept that provided Only
warranted.
Preconditions like juniority if from same streem be imposed. Competence to be
ensured when scribe requested. No arbitrary conditions/changes/denials of
scribes justified.
Interpreters to hearing disabled to be provided wherever required.
7 Govt. schemes Nil Disability be factored in while
making any scheme.
All existing government schemes be evaluated from disability perspective
continuously.
Disability audit of schemes mandatory.
Special schemes for disabled US43 of PWD act be framed and implemented.
8 Quantum of reservation
Amendments are proposed in Section 33 ("Reservation of posts"),
for reservation by
appropriate Government, to:
(a) bring about clarity regarding coverage of organized services for the
purposes of
reservation
b) split the 1% quota for reservation for persons with blindness and low
vision, to provide for
0.5% reservation in each sub-category
(c) enable the appropriate Government to provide quota for reservation for
other types of
disabilities also, and
(d) carry forward unfilled vacancies for the next three years (instead of the
present period of
one year) so that the benefit of reservation is not denied to persons with
disabilities- this
is in line with the recommendations of the GOM in July, 2008 In addition to
organized services, reservation in aided and semi-governmental sector be
specifically mentioned. Splitting percentage for blind/low vision is welcome,
it be done for all other disabilities in terms of mild and severe. Calculation
of total vacancies on basis of all entry point posts in all four classes of
services be explicitly mentioned. Providing reservation for other disabilities
by government should be made over and above 3% for disabilities mentioned in
section 33.
Quantum of reservation should Be enhanced to 5% /6% To reflect the actual
proportion of disabled in population.
9 Categorization nil Different categories of severely
and mildly disabled for at least reservation be carved out.
And reservation be apportioned in them accordingly.
10 Detrimental act of state governments Nil Rationale of
Disability legislation falling under concurrent list, so Central law
prevailing unless state law assented to, or PWD Act enacted Under article 253,
be employed to negate varied state interpretations harmful to disabled and
uniformity be brought in implementation of disability legislation.
11 Reservation for disabled Nil 3% of total
cadre strength in all classes of government establishments including aided
establishments and semi-government sector ultimate goal. 3% of vacancies
occurring at a time-the practical step to achieve the goal. Non-implementation
of reservation provision for long may warrant
Special recruitment drives for disabled utilizing available vacancies in excess
of 3%.
Differentiation being made between Relaxed standards, like minimum
qualifying/cut off marks, relaxation in age limit, and
Reasonable accommodations, like taking scribe waiver in fee, extra time etc.
Counting only those availing relaxed standards, or not finding place in
vertical lists
Against reserved vacancies Ignoring those finding place in vertical list/open
competition without relaxed standards.
12 Transfer and promotion nil High time to
give statutory backing to non-transferability provisions. Reservation in
promotion on lines of SC a legitimate demand. Extending zone of consideration
duly warranted. Intervening posts, if unidentified, should be deemed to be
identified for effecting promotion Statutory backing required.
13 Reasonable accommodation/non-handicapping environment Only
defined Should be defined to include appropriate modifications in
structures, procedures and environments to maximize functionality of disabled,
Warranted by UNCRPD and Natural justice.
Should not be fettered by: Economic capacity development, or Reasonable time
frame.
14 No clubbing together of disabilities Nil A
harmful but omnipresent practice.
Even UNCRPD commits it. Each disability requires unique measures, Apart from
general principles which may be common.
15 Optional protocol Nil
Optional protocol to the convention be immediately
adopted by India
16 Enforcement machinery Only rehabilitation experience
laid down Disability forum on the lines of consumer dispute
redressal fora a be set up to resolve cases under disability act. CCPD and
commissioners should only coordinate administrative efforts and oversee
implementation of act and awards.
CCPD/Commissioners should preferably be person with disability, must possess
rehabilitation experience.
17 Enforcement machinery Nil
Such disability fora be invested with full powers of civil court
including initiating contempt proceedings for non-compliance of its orders.
18 Stringent penalties A new Section 53A ("Punishment for
contravention of Sections 44, 45, 46, 51 and 53") is
proposed to introduce a fine for contravention of Sections relating to
barrier-free access in
transport, on the road and in the built environment, and for violation of the
provisions of the Act by
registered institutions. The section 53A is limited in scope and does not lay
down procedure or authorities to impose said penalties. In addition to this,
Strong monetary penalties be prescribed in cases of violations of provisions of
disability law: ex. Section 33, Not reserving at least 3% of advertised posts,
discriminating on the basis of disability, harassment of disabled, etc.
Disability disputes redressal forum to have powers to impose such penalties.
19 Fake certificates Nil
Issuing fake disability certificates or Making use of
fake disability certificates be declared a criminal offence warranting
exemplary punishment in addition to forfeiting any benefit like job etc. so
obtained.
20 Universal disability audit nil
Audit of government funds including grants to All NGOs and
all other expenditure should include details of expenditure for persons with
disabilities, as they are one of the weakest classes in society and every
activity touches them.
21 Disability portrayal Nil
Derogatory portrayal of disability be made ground of
censorship and film certification board should have a disabled member on it.
22 Accessibility (a) The existing provisions relating to
access for persons with disabilities are contained in
Sections 44, 45 and 46 relating to non-discrimination in transport, on the road
and in
the built environment, respectively. It is proposed that the proviso "within
the limits of
economic capacity and development' be removed. Further, it is proposed to
provide for
specification of time-limits for making the transport sector, roads and the
built
environment barrier-free. The notification in this regard would have to be
issued within
one year of enactment of the Amendment Act and the time limit shall not be
later than
31.12.2017.
(b) A new "Section 46B-Accessibility of Information in the public domain to
persons
with disabilities" is proposed to be added. This Section is based on Art.
21("Freedom of
expression and opinion and access to information") of the UNCRPD. This Section
will make it mandatory for appropriate Government and local bodies to ensure
availability
of all information in the public domain in accessible format suitable to the
needs of
persons with disabilities and notification of standards for accessibility of
websites.
(c) A new sub Section 48(2) is proposed to be added, relating to research and
development
in the area of universal design, which is also ultimately expected to improve
access for
persons with disabilities. The time limit
for making transport/road/built environment accessible should be reduced from
31/12/2017, to 31/12/2012. Introduction of sections 46A, 46B and 48(2) is
welcome, but their non-observance should be made a ground for action and
monitory penalties on government, apart from specific relief being awarded. The
sections should also provide for live assistance at public places frequented by
public.
23 Right to life Nil Eradicating
disability through medical measures, technological measures and through
appropriate modifications in structures and procedures should be viewed as
integral part of right to life and primary responsibility of government and
state.
24 Situations of risk and humanitarian emergencies
nil
Statute should provide for all necessary measures to ensure the protection
and safety of persons with disabilities in situations of risk, including
situations of armed conflict, humanitarian emergencies and the occurrence of
natural disasters.
25 Equal recognition before the law
Nil Explicit enunciation of
persons with disabilities as fully competent legal persons, provision of
support with effective and appropriate safeguards wherever called for, for
exercising legal capacity.
26 Financial transactions
Nil Government to ensure the
equal right of persons with disabilities to own or inherit property, to control
their own financial affairs and to have equal access to bank loans, mortgages
and other forms of financial credit, and shall ensure that persons with
disabilities are not arbitrarily deprived of their property.
27 Free legal aid Nil
Costs to be essentially awarded whenever a disabled successfully sues
for violation of rights, free legal aid to be mandatorily provided for every
litigation under disability law.
28 Liberty Nil
Government should ensure that persons with disabilities Are not
deprived of their liberty unlawfully or arbitrarily, and that any deprivation
of liberty is in conformity with the law, and that the existence of a
disability shall in no case justify a deprivation of liberty.
29 Freedom from degrading treatment and torture
Nil Statute should provide
that: No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without his
or her free consent to medical or scientific experimentation.
30 Exploitation abuse and violence
Nil Articles 23 and 24 of the
constitution be suitably amended to prevent exploitation violence and abuse on
account of disability or resulting in disability.
31 Living independently and being included in the community Nil
All the infrastructure including houses, whether built by government or
private parties to be fully accessible, and government to ensure that: (a)
Persons with disabilities have the opportunity to choose their place
of residence and where and with whom they live on an equal basis with others
and are not obliged to live in a particular living arrangement;
(b) Persons with disabilities have access to a range
of in-home, residential and other community support services, including
personal assistance necessary to support living and inclusion in the community,
and to prevent isolation or segregation from the community;
(c)
Community services and facilities for the general population are available
on an equal basis to persons with disabilities and are responsive to their
needs.
32 Technological aids nil
All technological assistive devices including mobility aids, reading
devices, softwares vision or other sensory enhancement devices be blanketly
exempted from import duty and other levies. Government should bear the full
cost of such devices or highly subsidize them as alleviation of disability by
improving the impaired sense, or limb falls under right to life.
33 Freedom of expression and information Section 46A providing
for information in public domain in accessible format. It includes
for disabled use of accessible modes and so, government should: a) Provide
information intended for the general public to persons with disabilities in
accessible formats and technologies appropriate to different kinds of
disabilities in a timely manner and without additional cost;
(b) Accept and facilitate the use of sign languages,
Braille, augmentative and alternative communication, and all other accessible
means, modes and formats of communication of their choice by persons with
disabilities in official interactions;
(c) Urge private entities that provide services to
the general public, including through the Internet, to provide information and
services in accessible and usable formats for persons with disabilities;
(d) Encourage the mass media, including providers of
information through the Internet, to make their services accessible to persons
with disabilities;
(
34 Health Some cursory provisions made
in new chapter on healthcare Government
should: Provide those health services needed by persons with disabilities
specifically because of their disabilities, including early identification and
intervention as appropriate, and services designed to minimize and prevent
further disabilities, including among children and older persons; Provide these
health services as close as possible to people's own communities, including in
rural areas; Require health professionals to provide care of the same quality
to persons with disabilities as to others, including on the basis of free and
informed consent by, inter alia, raising awareness of the human rights,
dignity, autonomy and needs of persons with disabilities through training and
the promulgation of ethical standards for public and private health care;
Prohibit discrimination against persons with disabilities in the provision of
health insurance, and life insurance to be provided in a fair and reasonable
manner; declare discriminatory denial of health care or health services or food
and fluids on the basis of disability a punishable offence. Make issue of
disability certificate a non-cumbersome and efficient and fool-proof process
35 State activities nil
All the state activities including elections be made accessible by
adopting appropriate formats and technology
36 Data collection Nil
All data collection exercises including census, surveys of general
nature, should invariably include persons with disability in addition to
specific disability surveys undertaken from time to time.
37 No negative presumption
Nil No negative, harmful, exclusionary or
discriminatory presumption be drawn or denial be affected on the basis of
disability in respect of rights, amenities or facilities offered to public at
large or citizens and any exclusion of the disabled there from not duly
supported by law be deemed an penal offence.
38 Disability records Nil
Disabilities records and certificates be accepted throughout nation
even if issued by one state as they should be declared as records under article
261 of constitution and full faith and credit clause be applicable to them.
39 Nomenclature Nil
Uniform nomenclature recognized by disability legislation be followed
while mentioning/referring to disabled persons in state
proceedings/transactions/laws etc.
40 Special measures to compensate disability
Nil Any and all special measures to compensate
disability ex. Making books accessible by converting them into digital
format/specialized format, providing human assistance, equipments, etc. be
deemed as equalizing measures and form the part of right to equality under
article 14 of the constitution.
41 Guiding principles A new "Chapter III-A-Guiding Principles
for Appropriate Governments and Local
Bodies", is proposed to be included - based on Art.3 ("General Principles") of
the UNCRPD.
This Chapter lists the steps to be taken by appropriate Governments and local
authorities, within
their economic capacity, to secure various rights of persons with disabilities,
as follows:
(i) Respect for inherent dignity, individual autonomy including the freedom to
make
one's own choices, and independence of persons;
(ii) Non-discrimination;
(iii) Full and effective participation and inclusion in society;
(iv) Respect for difference and acceptance of persons with disabilities as part
of
human diversity and humanity;
(v) Equality of opportunity;
(vi) Accessibility;
(vii) Equality between men and women;
(viii) Respect for the evolving capacities of children with disabilities and
respect for the
right of children with disabilities to preserve their identities.
This
copy and paste exercise from UNCRPD is welcome, nonetheless, concrete steps to
actualize these principles into enacted law and implemented action be thought
out.
42 Rehabilitation A new Chapter IVA ("Rehabilitation"), is
proposed to be included, replacing the existing
provisions of Section 42 ("Aids and appliances to persons with disabilities")
and 66 (""Appropriate
Governments and local authorities to undertake rehabilitation"). A new
provision is proposed
regarding involving family care givers and guardians of persons with
disabilities in their
rehabilitation, for which adequate training shall be provided.
The chapter
is welcome, but it is too vague. Merely schemes for providing aids and
appliances are not enough. Blanket exemption from import and other duties to
appliances purchased by NGOs and also individuals is called for.
43 Incentives to employers With regard to Section 41 ("Incentives to
employers to ensure five percent of the work force
is composed of persons with disabilities"), the incentives are now proposed to
be provided
only to employers in the private sector, since the public sector is already
mandated as per law to
provide reservation in employment and there is no justification for giving
incentives.
Substitution of "May" in place of "shall"
makes section recommendatory and non binding. Meaningful incentives like tax
exemptions etc. have mandatorily to be provided to private sector to achieve
inclusion of disabled in employment.
44 Health care and social security (a) A new Chapter VA
("Healthcare") is proposed to be added based on Art. 25 ("Health")
of the UNCRPD, to provide for appropriate Governments and local authorities to
provide
healthcare to persons with disabilities within a reasonable distance from their
location,
especially in rural areas. The healthcare is to be provided free of cost for
persons with
disabilities whose family income is below limits as notified by the appropriate
Governments. Barrier-free access is to be provided in Government run or aided
hospitals/institutions/centres and priority in attendance is to be given. The
Act, at
present, has no provisions regarding healthcare.
(b) Section 56 ("Persons with Disabilities in need of Care and Protection") -
The
appropriate Governments would be required to promote care and protection of
persons
with disabilities in the family and the community and establish and maintain
homes where
there is no family/community support. Special attention is to be given to
persons with
severe disabilities and women and children with disabilities.
(c) A new Section 66 ("Maintenance Allowance and Disability Pension") is
proposed to
be added, replacing the existing section, to provide social security for
persons with
disabilities, especially to those with severe and multiple disabilities,
especially women, by
appropriate Governments, within the limits of their economic capacity and
development.
(d) Section 67 ("Insurance")- The existing Section, which only covers insurance
of
employed persons with disabilities, is proposed to be replaced with a Section
on a
comprehensive insurance scheme for persons with disabilities in general.
A new chapter and not a subsection is required for healthcare provisions.
Location matters as courts are prone to absurd interpretations. Here, section
31B may imply linkage with education. For providing free healthcare to
disabled, earning limit has to be higher than general poverty line. Specific
health care required for correcting disability or arising out of disability
should be provided free/affordably to disabled.
The words, "within economic capacity and development" be removed from pension
provisions.
45 Awareness raising A new Section 70A ("Creation of Awareness on
Disability Issues") is proposed to be added,
as per Art. 8 ("Awareness-raising") of the UNCRPD, mandating that appropriate
Governments
and local authorities shall take measures for awareness-raising, combating
prejudice and
promoting positive perceptions about persons with disabilities.
Law about Prevention of attrocities on basis
of disability providing penal offences is the need of the hour. Arbitrary and
unjustified denial of disability specific rights and general rights to disabled
should be an offence.
46 recreation A new Section 70B ("Recreation") is proposed to be
added, based on Art. 30 ("Participation in
cultural life, recreation, leisure and sport") of the UNCRPD, relating to
development and utilization
of creative, artistic and intellectual abilities of persons with disabilities
and measures for their
participation in mainstream sports, recreation and tourism, by the appropriate
Governments and
local authorities, within the limits of their economic capacity and
development. The rider "within
the limits of their economic capacity and development" must be deleted.
47 Central and state level monitoring (a) The Central Coordination
Committee (CCC), as provided in Section 3, is proposed to
be re-named as the "Central Advisory Board" and the Central Executive
Committee(CEC), as provided for in Section 9, as the "Central Coordination and
Monitoring Committee", since the existing nomenclature does not adequately
convey
the functions of these bodies. Similar changes are proposed to be made in the
nomenclature of the State Coordination Committees (Section 13) and the State
Executive Committees (Section 19).
(b) New Sections- 9A and 19A- are proposed to be added to incorporate
provisions relating
to tenures of nominated members of the Central and State Coordination and
Monitoring
Committees respectively.
(c) Certain changes are proposed in the composition of the Central Advisory
Board under
Section 3 and the Central Coordination and Monitoring Committee under Section 9
vis-
à-vis those for the existing CCC and CEC, respectively, so as to account for
changes in
nomenclature in some of the Ministries and inclusion of some more ex-officio
members
whose presence in these bodies seems necessary.
(d) Similar changes (as in Sections 3 and 9) are proposed in Sections 13 and 19
with
regard to composition of the State Advisory Board and State Coordination and
Monitoring
Committee. The Chief Secretary is now proposed as the Chairperson of the State
Committee, instead of the Secretary, Department of Social Welfare of the State,
as per
the present provision.
Apart from changing nomenclature, these
monitoring mechanisms be made accountable for implementation of the act,
collectively. While nominating nine persons with disabilities on Central and
state advisory board, phrase, as far as practicable, be employed only in
respect of mentally retarded, and all other disabilities be represented
essentially by persons having that disability. Nine and not five, persons with
disabilities, representing all disabilities in a single nomination period
instead of two, be nominated on central and state coordination and monitoring
committee, and phrase "as far as practicable" be restricted to mentally
retarded.
48 District monitoring At present, the PwD Act provides for
consultative/monitoring at the Central and State levels only.
It is now proposed, through a new Section 22A to provide for constitution of a
District-Level
Committee on Disability also, as a district-level mechanism for monitoring
implementation of the
decisions taken by the State Advisory Board and the State Coordination and
Monitoring
Committee. Nomination of nine persons with disabilities on district
level committee should be compulsory and not to be diluted with representatives
of NGOs who may be non-disabled. The phrase: as far as practicable, be
restricted to mentally retarded and all other disabilities be represented by
persons having such disabilities.
49 CCPD and Commissioners (a) New provisions relating to details of
terms of appointment, conditions of service,
resignation and removal are proposed to be introduced in Section 57 (for Chief
Commissioner) and Section 60 (for State Commissioners). Appointment of the Chief
Commissioner and State Commissioners on a full-time basis is proposed to be made
mandatory. Besides, the proposed provisions specify that serving Government
employees cannot be appointed on the post of Chief Commissioner or State
Commissioner, except in States with < 5 million population as per last census.
(b) Further to the existing powers of summoning and enforcing attendance of
witnesses, the
Chief Commissioner and State Commissioners are proposed to be provided one more
power of a Civil Court, under Section 63, viz. the power to "examine on oath"
which is
essential to enable it to enquire/investigate complaints properly, and is
enjoyed by other
similarly placed bodies/ Commissions.
(c) In addition, a new provision has been made under Section 59 to ensure that
whenever
the Chief Commissioner, while looking into the complaint regarding deprivation
of rights /
non-implementation of laws, rules, etc. for welfare and protection of rights
for persons
with disabilities, makes a recommendation to an authority, that authority shall
take
necessary action on it and inform the Chief Commissioner of the action taken
within three
months from the date of receipt of the recommendation. In case, that authority
does not
accept a recommendation, he shall convey reasons for non-acceptance to the Chief
Commissioner within three months and shall also similarly inform the aggrieved
person. In qualifications for Chief
commissioners/commissioners, she/he should, preferably be a person with
disabilities, should be inserted. Proposed Section 59(2) and 62(2) must
immediately be deleted. Recommendation of CCPD/commissioners should be made
binding, and if a party is not willing to accept it, they should be appealed in
appropriate fora. Alternatively, CCPD/Commissioners be made purely
administrative bodies coordinating efforts and overseeing implementation of the
act, and disability dispute resolution forum on the lines of Consumer dispute
resolution forum and state and national commission be constituted.
50 Recognition of institutions for persons with disabilities (a)
New proviso has been added in Section 51("Registration of institution") that
recognition of institutions shall meet the minimum standards and norms for
recognition as
may be prescribed.
(b) New Sub-Section 52(7)- A time-limit is proposed to prescribe for disposal of
applications for registration of new institutions.
(c) New Sub-Section 52(7)- An institution for care of mentally ill persons,
which is licensed
under the Mental Health Act, 1987, shall not be required to be registered under
this Act.
51 National fund for persons with disabilities A new Chapter XIII
A ("National Fund for Persons with Disabilities") is proposed to be added
in pursuance of the Supreme Court judgment dated 16.04.2004 in Civil Appeal
Nos. 4655 and
5218 0f 2000 (Indian Banks' Association & Ors. Vs Devkala Consultancy Service &
Ors.). This
judgment, inter alia, contained directions for immediate creation of a Trust
Fund to be managed
by the CAG of India and subsequent creation of a statutory Trust Fund through
amendment of the
PwD Act. In pursuance of the judgment, the Trust Fund for Empowerment with
Persons with
Disabilities (chaired by CAG of India) was registered on 21.11.2006. Another
Fund, the National
Fund for People with Disabilities has been in existence since 1983. Now these
Funds are sought
to be merged and a statutory National Fund for Persons with Disabilities is
proposed to be
created the new proposed Chapter.
__________
Five members nominated by central government
to represent different disabilities on the governing body of the fund under
section 68D {1(viii)} must be persons with disabilities themselves. Uses of the
fund be prescribed in greater detail. All additional expenses in securing
rights to persons with disabilities under disability law, like reasonable
accommodation, be made legitimate uses of fund.
52 Women and children with disability
Nil Adequate provisions to
address double vulnerability of women and children with disabilities on the
lines of UNCRPD articles 6 and 7 be enacted. Example: they be given priorities
in all schemes meant for disabled. Example: Higher sentence be prescribed for
offences against women with disabilities like rape, domestic violence,
extracting child labour from disabled children etc.
Rajesh Asudani
Assistant General Manager (PPS),
Reserve Bank of India
Nagpur
09420397185
O: 0712 2806676
Res: 0712 2591349
Doth God exact day-labour, light denied?"
John Milton
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