Shared by Murli sir

Sharing what Vaishnavi Jayakumar has posted in the comments in
response to my post. Since all of you may not be reading the comments
am posting this separately

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.




On 12/1/16, George Abraham <geo...@eyeway.org> wrote:
> Mr Rungta has sent an Email confirming the news of the cabinet approving the
> RPD bill. Perhaps he is in a position to furnish the source!
>
> -----Original Message-----
> From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf
> Of avinash shahi
> Sent: 01 December 2016 16:03
> To: AccessIndia: a list for discussing accessibility and issues concerning
> the disabled.
> Subject: Re: [AI] Fwd: RPD Bill -- PIB release -- for information
>
> I've not come across any newspaper which has reported the approval of
> amendments to the RPD Bill 2014 by the cabinet. I however heard the
> news of cabinet approval on All India Radio this morning at 8 am news.
> This means its official. And what is more puzzling that even PTI feed
> has not covered PIB's release. Something is being cooked in the DEPWD
> which is troubling me.  I'd urge you friends to download this
> morning's (samachar Prabhat) news broadcast from AIR's website as soon
> as possible. The government is working in haste and in secrecy after
> the SC admonished the social Justice Minister couple of days ago. The
> court unusually kept on asking "who is the minister concerned, name
> him name him!" and does anyone has any info about the 29th November
> meeting called by the disability department after the Apex court's
> anger?
>
> On 12/1/16, Amar Jain <amarj...@amarjain.com> wrote:
>> I could not find any release on this for 30th of Nov.
>>
>> Sent from my iPhone
>>
>>> On 01-Dec-2016, at 12:00 PM, avinash shahi <shahi88avin...@gmail.com>
>>> wrote:
>>>
>>> ---------- Forwarded message ----------
>>> From: National Platform For The Rights of the Disabled
>>> <nprd...@gmail.com>
>>> 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
>>>
>>>
>>> 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/accessindia@accessindia.org.in/
>>>
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>>> accessindia-requ...@accessindia.org.in
>>> with the subject unsubscribe.
>>>
>>> To change your subscription to digest mode or make any other changes,
>>> please visit the list home page at
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>>>
>>>
>>> Disclaimer:
>>> 1. Contents of the mails, factual, or otherwise, reflect the thinking of
>>> the person sending the mail and AI in no way relates itself to its
>>> veracity;
>>>
>>> 2. AI cannot be held liable for any commission/omission based on the
>>> mails
>>> sent through this mailing list..
>>
>>
>>
>> Register at the dedicated AccessIndia list for discussing accessibility of
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>>
>>
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>>
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>> the
>> person sending the mail and AI in no way relates itself to its veracity;
>>
>> 2. AI cannot be held liable for any commission/omission based on the mails
>> sent through this mailing list..
>>
>
>
> --
> Avinash Shahi
> Doctoral student at Centre for Law and Governance JNU
>
>
> 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/accessindia@accessindia.org.in/
>
> To unsubscribe send a message to
> accessindia-requ...@accessindia.org.in
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> To change your subscription to digest mode or make any other changes, please
> visit the list home page at
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>
>
> Disclaimer:
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> person sending the mail and AI in no way relates itself to its veracity;
>
> 2. AI cannot be held liable for any commission/omission based on the mails
> sent through this mailing list..
>
>
>
> Register at the dedicated AccessIndia list for discussing accessibility of
> mobile phones / Tabs on:
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>
>
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> person sending the mail and AI in no way relates itself to its veracity;
>
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> sent through this mailing list..
>


-- 
we want peace not pieces.
regards,
Danish Mahajan


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