---------- Forwarded message ----------
From: National Platform For The Rights of the Disabled <[email protected]>
Date: Thu, 1 Dec 2016 11:53:21 +0530
Subject: RPD Bill -- PIB release -- for information
To:

Government of India
Ministry of Social Justice & Empowerment
30-November-2016 19:38 IST

Cabinet Approves Proposal to Make Important Changes in The Rights of
Persons With Disabilities Bill, 2014 During Ongoing Winter Session Of
Parliament

The Cabinet approved the proposal of the Department of Empowerment of
Persons with Disabilities (Divyangjan), Ministry of Social Justice and
Empowerment to make important changes in the Rights of Persons with
Disabilities Bill, 2014 during the ongoing winter Session of Parliament.
The new Bill with amendments proposes to repeal the existing Persons with
Disabilities (Equal opportunities, Protection of Rights and Full
Participation) Act, 1995.

India signed the United Nations Convention on the Rights of Persons with
Disabilities (UNCRPD) and subsequently ratified the same on 1st October,
2007. The Convention came into effect on 3rd May 2008. Being a signatory to
the Convention, India has an international obligation to comply with the
provisions of the Convention.

Keeping in view the fact that the existing Act of 1995 is not fully in
conformity with the UNCRPD, a need has been felt to have a rights-based
legislation with a strong institutional mechanism. The Bill had been mooted
by the Ministry of Social Justice and Empowerment after extensive
consultation with various stakeholders, State Governments/UTs and concerned
Central Ministries and Departments. Now after another round of
consultations and inputs from the Standing Committee of Parliament,
Amendments have been proposed. This shall ensure enjoyment of rights by the
Persons with Disabilities.
As a result, now the salient features of the proposed Bill with amendments
are:
i. Responsibility has been cast upon the appropriate governments to take
effective measures to ensure that the persons with disabilities enjoy their
rights equally with others.

ii. Disability has been defined based on an evolving and dynamic concept.

iii. The types of disabilities have been increased from existing 7 to 21
and the Central Government will have the power to add more types of
disabilities. The 21 disabilities are given below:-

1. Blindness

2. Low-vision

3. Leprosy Cured persons

4. Hearing Impairment (deaf and hard of hearing)

5. Locomotor Disability

6. Dwarfism

7. Intellectual Disability

8. Mental Illness

9. Autism Spectrum Disorder

10. Cerebral Palsy

11. Muscular Dystrophy

12. Chronic Neurological conditions

13. Specific Learning Disabilities

14. Multiple Sclerosis

15. Speech and Language disability

16. Thalassemia

17. Hemophilia

18. Sickle Cell disease

19. Multiple Disabilities

20. Acid Attack victim

21. Parkinson's disease

iv. Hence, Speech and Language Disability and Specific Learning Disability
have been added for the first time. Acid Attack Victims have been included.
New categories within three blood disorders, Thalassemia, Hemophilia and
Sickle Cell disease have been added.

v. Additional benefits have been provided for persons with benchmark
disabilities and those with high support needs.

vi. Every child with benchmark disability between the age group of 6 and 18
years shall have the right to free education.

vii. For strengthening the Prime Minister's Accessible India Campaign,
stress on ensuring accessibility in public buildings has to be ensured in a
prescribed time-frame.

viii. Increase in reservation from 3% to 4% for students with benchmark
disabilities in higher educational institutions has been proposed.

ix. It has been proposed to Increase in reservation from 3% to 4% in
Government jobs for certain persons or class of persons with benchmark
disability.

x. The Bill provides for grant of guardianship by District Court under
which there will be joint decision – making between the guardian and the
persons with disabilities.

xi. Broad based Central & State Advisory Boards on Disability have been
proposed to be set up as policy making bodies.

xii. Strengthening of the Office of Chief Commissioner of Persons with
Disabilities and State Commissioners of Disabilities has been proposed,
which will act as regulatory bodies and Grievance Redressal agencies and
also monitor implementation of the Act.

xiii. National Fund has been proposed to be created to provide financial
support to the persons with disabilities.

xiv. The Bill provides for penalties for offences committed against persons
with disabilities.

It is expected that the proposed rights based legislation with more Rights
and Entitlements and strong monitoring agencies at the National and State
Levels will achieve empowerment and inclusion of Persons with Disabilities
in the society in a satisfactory manner.



-- 
Avinash Shahi
Doctoral student at Centre for Law and Governance JNU


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