People in Delhi, the consultation seems to be worth-attending. Do find
time to come there.

On 12/28/16, George Abraham <[email protected]> wrote:
> Have sent you a whats app message confirming our participation!
>
> Good luck!
>
> George Abraham
>
>
> -----Original Message-----
> From: AccessIndia [mailto:[email protected]] On Behalf
> Of Pankaj Sinha
> Sent: 27 December 2016 13:53
> To: accessindia
> Subject: [AI] INVITATION FOR DISCUSSION ON THE NEW RPWD BILL 2016
>
> Dear Maam/Sir,
>
> People's Action for Change & Empowerment (PACE) in collaboration with
> Centre for Accessibility in Built Environment (CABE) has great privilege in
> inviting you to the National Consultation on the new RPWD Bill 2016
> scheduled to be held in New Delhi during 29-30 Dec 2016.
>
>
>
> The Consultation will see leading disability rights activists, advocates &
> legal practitioners & NGOs from across India sharing their concerns on the
> new Bill. The idea is to supplement the Bill brought out by the Govt.
> showing such great commitment, so that the resulting Act doesn’t fail the
> aspirations of people with disabilities in the coming days.  A slot from 5
> PM to 6 PM has been reserved for Media Briefings/Press Conference on 30 Dec
> 2016, however media friends would be welcome to cover the event any time
> during the two days too.
>
>
>
> *Need of this consultation*
>
>
>
> As you are aware that the Parliament had passed the Rights of Persons with
> Disabilities Bill 2016  with 119 amendments in the 2014 Bill (Rajya Sabha
> passed it on 14 Dec 16 and the Lok Sabha on 16 Dec 16).
>
>
>
> Although the RPWD 2016 Bill has many good features incorporating civil,
> political & cultural rights & also covers a wide range of disabling
> conditions with power to the government to add more disabilities, yet there
> are many areas in the Bill that pose serious challenge as a result of
> omissions & dilutions. This not only that frustrates the object of the Bill
> which is to give full effect to the UN convention on the rights of persons
> with disabilities but also takes away from the stakeholders what was
> already available to them in the earlier Act of 1995.
>
>
>
> Many sections of the bill are also dependent on framing of comprehensive
> rules in order to give effect to the Bill. There are also catena of
> judgments passed by the different High Courts & Hon’ble Supreme Court
> giving wider & beneficial interpretations that advanced the rights of
> persons with disabilities and this jurisprudence need to find its place in
> the Bill or in rules.  If these concerns cannot be addressed within the
> rules in the given framework of the bill, it may necessitate amendments in
> the bill to rectify the same.
>
>
>
> In light of above, a National Consultation on the RPWD Bill 2016 is
> proposed to be held in New Delhi during 29-30 Dec 2016 wherein we propose
> to discuss each section threadbare & analyse the bill & come up with
> suggestions on how to plug the lacunae in the Bill that the rights of
> persons with disabilities are protected.
>
>
>
>
>
> *Background*
>
>
>
> According to the Census of India, 2011 disabled persons accounted for 2.21%
> of India’s population. Of these, 20.3% have a movement-related disability,
> 18.9% are those with hearing disabilities and 18.8% with vision-related
> disabilities.
>
>
>
> Currently, the Persons with Disabilities (Equal Opportunities, Protection
> of Rights and Full Participation) (PWD) Act, 1995 specifies seven
> conditions as disabilities and makes special provisions for disabled
> persons with regard to their rehabilitation, and opportunities for
> employment and education.
>
>
>
> In 2007, India became a signatory to the United Nations Convention on the
> Rights of Persons with Disabilities (UNCRPD). The UNCRPD requires signatory
> states to make appropriate changes in law and policy to give effect to
> rights of disabled persons.
>
>
>
> Apart from the PWD Act, other laws that govern various aspects of
> disabilities include the Mental Health Act, 1987, the National Trust for
> the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and
> Multiple Disabilities Act, 1999 and the Rehabilitation Council of India
> Act, 1992.
>
>
>
> In response to the ratification of the UNCRPD, the Government decided to
> bring about changes in its existing legal framework. Accordingly, in 2010,
> the Ministry of Social Justice and Empowerment constituted an expert
> committee under Dr. Sudha Kaul Vice-Chairperson, Indian Institute of
> Cerebral Palsy, Kolkata, to draft a new Bill for persons with disabilities.
> The committee submitted a Draft Bill on June 30, 2011 that proposed to
> replace the PWD Act and addressed rights and entitlements for disabled
> persons. The draft Bill was extensively debated and discussed at various
> levels involving State Governments and Union Territories. The Committee
> held several State Level consultations at 30 places (28 States and 2 UTs)
> and also a National Consultation involving civil society representatives
> and consultations with legal experts. On the basis of the comments received
> from Central Ministries/ Departments as also the State Governments, the
> draft RPwD Bill was further revised and subsequently finalized in
> consultations with Ministry of Law and Justice (Legislative Department).
> The Union Cabinet considered the proposal of the Ministry and approved the
> proposed RPWD Bill, 2013 with the modification regarding exemption of
> National Fund from the purview of income tax (deletion of clause 102).
>
>
>
> The Ministry further met the representatives of the cross disability groups
> under the banner of Joint Disabilities Forum. The issues raised by the
> cross disability Joint Disabilities Forum were discussed in detail in the
> National Advisory Council on 29.01.2014. Accordingly, the revised proposal
> to incorporate these amendments in the Bill was approved by the Cabinet on
> 06.02.2014.
>
>
>
> The Bill was introduced in Rajya Sabha February 7, 2014 and the amendments
> thereto were circulated in the Rajya Sabha on February 11, 2014. The Bill
> was, thereafter, on September 16, 2014, referred to the Standing Committee
> on Social Justice and Empowerment for examination and report. However, due
> to dissolution of 15th Lok Sabha, the Bill was re-referred to the Standing
> Committee on Social Justice and Empowerment (2014-15) in the 16th Lok Sabha.
>
>
>
> The Standing Committee chaired by Shri. Ramesh Bais presented its report to
> Lok Sabha on May 7, 2015 with several important recommendations. Its only
> in winter session of 2016, that the Parliament passed the Rights of Persons
> with Disabilities Bill 2014 with 119 amendments (in Rajya Sabha on 14 Dec
> 16 and in Lok Sabha on 16 Dec 16) unanimously.
>
>
>
>
>
> *Venue, Date & Time of the Consultation*
>
>
>
> Gandhi Hall, Blind Relief Association, LBS Road, New Delhi 110003
>
> Date: 29-30 Dec 2016, (9.00 AM – 6.00 PM)
>
> Media Briefing: 5 PM-6 PM on 30 Dec 2016
>
>  Please confirm your participation so that the necessary arrangements can
> be made.
>
> *Contact persons:*
>
>
>
> 1. Pankaj Sinha, Advocate & Secretary, People’s Action for Change &
> Empowerment (PACE), Mobile :  +91 -9910247816, Landline: +91-11-23387815,
> Facebook Page-http://www.facebook.com/pace.india
>
>
>
> 2. Subhash Chandra Vashishth, Advocate & Founder- Centre for Accessibility
> in Built Environment (CABE) Mob: +91 9811125521, email:[email protected]
>  & [email protected] Website – www.cabeindia.blogspot.in, Facebook
> Page: https://www.facebook.com/CABE.Access
>
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>
>
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>
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>
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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..
>
>
>
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>
>
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>
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>


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


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