Dear list members, Please find below the Press Statement by Sambhavana and its representation to all members of Parliament , urging them to put the bill for feedback before putting it for parliamentary debate. Also find below the organization's public statement on the support rally (issued on December 1st, 2015) with minor corrections.
With regards, -- Viraj ===== Ref.Sam.2015/110 Dated: 01/12/2015 SAMBHAVANA ORGANIZATION PRESS STATEMENT Subject: Appeal for Putting Draft of the ‘Rights of Persons with Disabilities Bill (2015) in the Public Domain before Tabling it for Parliamentary Debate. At the outset, we would like to thank our media friends for giving us their generous support and due space in the coverage whenever Sambhavana has raised serious issue concerning disability. We would also like to request you to forward this Email to the person concerned (who is covering the Parliament), if in case it is required. As the Rights of Persons with Disabilities (RPwD) bill 2015 is listed to be tabled during the upcoming session of Parliament, Sambhavana, a prominent Disabled Persons Organisation (DPO), has urged all members of Parliament (Lok Sabha and Rajya Sabha) and the President of India for making the draft bill public for consultation and feedback from disabled individuals and organisations. The Organization finds it shocking and disdainful that the Union Ministry of Social Justice and Empowerment has been claiming in the media that there is a consensus between the disability sector and the Government without actually making any public attempt to secure the feedback by putting the Bill in the public domain. Since there were plethora of objectionable issues in the previous draft, without seeing the revised one, it is mischievous to talk of a consensus. Sambhavana has been at a forefront of the struggle for a more progressive and inclusive disability legislation which may replace the existing Persons with Disabilities (PWD) act, 1995. At the same time, the organisation has maintained the need to include disability sector in the process of finalizing the Bill before putting it for debate in Parliament. This right cannot be left in the hands of a select few organizations and individuals. When the Government in 2014 sought to bring the legislation through an Ordinance, Sambhavana along with various other DPOs (which came together under the banner of All-India Disabilities Alliance, AIDA) launched a campaign to urge upon the Government to address several lacunas and discriminatory provisions of the draft bill 2014. We had opposed the ordinance root, because it bypassed the democratic process of public consultation. It is indeed unfortunate that the history is being repeated. “The bill indeed requires to be passed at the earliest, but pushing it through without feedback from disability community is inappropriate”, said Dr. Nikhil Jain, President, Sambhavana. Dr. Jain adds that there are apprehensions about the inclusion of appropriate provisions to safeguard rights of the disabled without discrimination and various demands that were raised during the 2014 movement. Sambhavana is also apprehensive of a rally being organised by various other DPOs on December 3rd, 2015, to support the bill without knowing or discussing its contents, because, “In our opinion, the demand for parliamentary debate prior to public consultation amounts to garnering support for the existing format of the Bill”, reads the organisations public statement released to this effect and attached herewith for ready reference. In a letter written by the Organization to the President of India, Prime Minister, and MPs, (attached herewith for your ready reference), Sambhavana has requested them to ensure that the draft bill is put in the public domain immediately before it is tabled in the Parliament for debate. Adequate time must be given for feedback. Else, it would be an undemocratic and draconian practice, never seen in the national or global history of social legislations. At the same time, we also urge upon you to ensure that following a given timeline for the submission of feedback, and after addressing the issues that might be raised, the Government should make serious efforts to pass the Rights of Persons With Disabilities Bill 2015 as early as possible (giving it the requisite priority) preferably within the winter session itself, or latest by the Monsoon Session. Sambhavana Organization SD: Dr. Nikhil Jain (President) Phone No.: 9818021880 ===== Ref.Sam.2015/111 To, The Members of Parliament(Rajya Sabha and Lok Sabha), Government of India (GoI), New Delhi. Subject: Regarding the Rights of Persons With Disabilities (RPWD) Bill 2015. Honourable Members, We are writing to you on behalf of Sambhavana, a disability advocacy group. As part of its endeavours to sensitise the policy makers and concerned authorities towards issues concerning the rights of persons with disabilities, Sambhavana has been advocating the need to amend the existing PWD act for a more progressive legislation. We have been successful in generating a meaningful debate among the disability groups and the policy makers. However, at the same time, we have been vigilant against any move to push the legislation without necessary public debate and discussion with the disability groups. Hence, when the previous Government in 2014 sought to bring the legislation through an ordinance, Sambhavana along with other Disabled Persons Organisations (DPOs), which came together under the banner of All-India Disabilities Alliance (AIDA) launched a campaign to draw the attention of the Government and legislators to various lacunas and discriminatory provisions contained in the proposed Rights of Persons with Disabilities (RPwD) bill 2014. As our sustained campaign resulted in the stopping of the draconian measure of Ordinance, we remained hopeful towards a more democratic and transparent approach towards the passage of the proposed legislation through a wide range of consultations amongst cross-sections of disability community before it is tabled for debate in Parliament. The bill is now listed for the upcoming Parliament session. Regrettably, however, the draft bill has not been put in the public domain for the feedback of disabled individuals and DPOs. We strongly feel that the draft bill requires necessary inputs from disability sector. It is shocking and disdainful that the Union Ministry of Social Justice and Empowerment has been claiming in the media that there is a concensus between the disability sector and the Government without actually making any public attempt to secure the feedback by putting the Bill in the public domain. The disability sector will not put up with the mysterious efforts of forging artificial concensus. Hence, we request you to ensure that the draft bill is put in the public domain immediately before it is tabled in the Parliament for debate. Adequate time must be given for feedback. Else, it would be an undemocratic and draconian practice, never seen in the national or global history of social legislations. At the same time, we also urge upon you to ensure that following a given timeline for the submission of feedback, and after addressing the issues that might be raised, the Government should make serious efforts to pass the Rights of Persons With Disabilities Bill 2015 as early as possible (giving it the requisite priority) preferably within the winter session itself, or latest by the Monsoon Session. Looking forward for a prompt and positive action in this regard. With best regards. Dr. Nikhil Jain (President, Sambhavana Organization) Coppy To: 1. The President of India. 2. The Prime Minister of India. 3. The Speaker of Rajya Sabha. 4. The Speaker of Lok Sabha. 5. The Deputy Speaker of Rajya Sabha. 6. The Deputy Speaker of Lok Sabha. 7. Chairman, Parlimentary Affairs Committee, Rajya Sabha. 8. Chairman, Parliamentary Affairs Committee, Lok Sabha. 9. Union Minister for SJ&E. ===== Public Statement by Sambhavana Organization on the support rally by some DPOs for RPD Bill:-- We are deeply disturbed to learn that various Disabled Persons Organisations (DPOs) are planning a demonstration on December 3rd, 2015 in support of the Rights of Persons with Disabilities (RPD) bill (which may be tabled in Rajya Sabha in the winter session of the Parliament) without knowing and discussing its contents. In our opinion, the demand for parliamentary debate prior to public consultation amounts to garnering support for the existing format of the Bill. In this context, we feel it essential to recall the formation of All India Disability Alliance (AIDA), a joint forum consisting of various DPOs to demand a legislation accommodating the needs and aspirations of all disabilities without discrimination. Sambhavana was a strong presence in its campaign in 2014 and had worked vigorously to mobilise cross-sections of disabled people. The strength of our campaign, which compelled the Government of the day to forgo its intentions to bring in the legislation through an Ordinance, was a collectivism achieved through democratic engagement and wide consultation amongst all organisations who were the part of AIDA. Following the initial success, however, we did not witness any intention on the part of the Convener, AIDA, (Shri Santosh Kumar Rungta of National Federation of The Blind), to steer ahead the joint campaign. It is really beyond our comprehension that why no consultation was facilitated by the AIDA Convener amongst member organisations to inform the progress, if any, regarding the inclusion of our demands in the bill! The decision to organize a support rally on 3rd December 2015 by some DPOs in favour of the passage of the RPD bill in the Parliament without any discussion raises some fundamental questions: Has any substantial change in the RPD Bill occurred since then? Have all the serious points that we raised during our many rounds of consultations among ourselves, as well as during our agitation against the weak RPD bill, been included? Has the present draft of the RPD bill with the suggestions of the Standing Committee been put in the public domain for consultation/deliberation? Why no meeting of AIDA was organized to discuss the present development? Questions such as these are very important and The Convener, AIDA, owes the disability community and explanation for this non-transparent U-turn through bypassing the democratic process. While the community all-in-all has been kept in dark regarding the actual form in which the bill is being tabled in the upcoming Parliament session, there are strong apprehensions about the inclusion of many of our significant demands in the bill. If this happens, we fear that the tireless efforts which has been put in by the Disabled community through a momentous disability movement for an effective RPD bill could be wasted and we may be thrown back in to the pre 1995 era. Therefore we strongly feel that the occasion of the International Day for Persons with Disabilities could have been best utilised by once again regrouping and re- strengthening our campaign for a strong and effective RPD bill. It is therefore disappointing that a support rally has been planned without any round of consultation or discussion amongst all the member organisations. In the light of such unfortunate developments, we wish to clarify that Sambhavana is not a part of the support rally being organised on December 3rd, 2015. The organisation, however, will keep striving for an inclusive and progressive legislation for persons with disabilities and will readily contribute to similar efforts by individuals/organisations championing the rights of the disabled. Sambhavana Organization Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. 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