Kanchan, plainly speaking, we need a new law that we can use in the court of laws effectively. Sections that give you rights for each area in clear terms no less than "shall" and with a penalty clause for the failure as I am sure there would be many failures by the bureaucracy. The law should set detailed procedures for each area and not just philosophy of UNCRPD. I only hoped that Committee also had few lawyers on it with experience in disability, though I know there is a legal consultant provided to the committee by the Government! (Don't read that I am showing any keenness!) :-)) regards
On 6 January 2011 16:07, Pamnani <[email protected]> wrote: > I am not getting into the controversy but only hoping that the word > "comprehensive" does not mean only in the letter as the current committee is > taking it but there is a spirit when we talk of comprehensive and thats what > we got to have in a new law. > If we have rights and according to Rajesh these rights have been diluted > into privileges then we definitely have lost something rather than gained > from this new law. Also if we want training and facilities under this new > law and that the authority to ensure such training is in another law then I > am sorry there is no comprehensiveness. > Whats the point in replacing only the PWD act unless you allow the > committee to think dynamically and add to the new law from wherever and > everywhere possible. > > Lets see what this committee has decided on 2nd January. > Id like to end by just saying that it is easier for me to tell the courts > that we have an old law which is half baked and the judge must use UNCRPD to > decide instead of trying to get an order when the new law is enacted and > that law is inadequate. The judge is going to then tell me that what I want > cannot be granted because it is not there in the law. I cannot then go to > the UNCRPD or the Indian Consitution for refuge. > > I am dreading that day in court which the hon'ble Committee members wont > have to face. > Kanchan Pamnani > Advocate & Solicitor > 9, Suleman Chambers, > Battery Street, Colaba, > Mumbai - 400 039. > > > > ----- Original Message ----- From: "Asudani, Rajesh" < > [email protected]> > > To: <[email protected]> > Sent: Thursday, January 06, 2011 3:36 PM > > Subject: Re: [AI] New draft bill for the disabled in rough waters > > > Well, then law ministry should come forth and press for a comprehensive >> disability statute. >> This committee is of course mandated to draft disability law replacing PWD >> and in line with UNCRPD. >> The mandate has to be widened if we are to have a comprehensive law. >> Personally, I think laws for sensory/physical disability on one hand and >> mental disabilities on the other should be separate. >> >> >> -----Original Message----- >> From: [email protected] [mailto: >> [email protected]] On Behalf Of SC Vashishth >> Sent: Thursday, January 06, 2011 12:02 PM >> To: [email protected] >> Subject: Re: [AI] New draft bill for the disabled in rough waters >> >> Dear Harish, >> >> The issue is being confused. While the Committee's mandate is to suggest a >> comprehensive disabilities Act which will replace the existing PWD >> Act-1995, it no where implies that it calls for repealing the other >> existing >> Acts on Disabilities such as National Trust Act, RCI Act or Mental Health >> Act. >> >> That is why similar processes have begun in Ministry of Health and >> National >> Trust to align their laws with the UN Convention on Rights of Persons with >> Disabilities too. Issues is further being complicating as all other >> disabilities are governed under MSJ&E while Mental Health Act is under >> Ministry of Health and no one wants to let go their areas of work in the >> name of comprehensiveness.--the result, the issue is being delayed. >> >> >> On 6 January 2011 11:16, Srinivasu Chakravarthula >> <[email protected]>wrote: >> >> Agree with Harish. >>> >>> On Thu, Jan 6, 2011 at 10:53 AM, Kotian, H P <[email protected]> >>> wrote: >>> >>> > Hello All >>> > >>> > Members are kept up to date regarding developments on the committee set >>> to >>> > crystallise the draft legislation for the disabled by postings in the >>> list >>> > by members time to time. >>> > >>> > There is presently a crises with many members resigning and more > >>> planning >>> > to follow suit. This is a matter of deep concern as this is going to >>> result >>> > in more delays. >>> > >>> > It is imperative we do our bit by putting forth our views clearly >>> > >>> > 1 There is a move of "Disability Code" which will have multiple laws vs >>> > single comprehensive law. >>> > In my opinion, we should insist on single comprehensive law. We are > >>> aware >>> > of the practical problems in the present regime and the new law should >>> not >>> > again carry the dead weight. >>> > 2. The law should be comprehensive in substance. Meaning, that even the >>> > chapters which are covered should be properly covered. >>> > 3 The committee members should necessarily take advantage of technology >>> and >>> > listen to the voice and suggestion offered by civil society. >>> > 4 The committee chairperson should be suggested to offer a statement >>> > regarding the time-table of events regarding the functioning of the >>> > committee, target dates for all the draft chapters, regional and > >>> national >>> > consultation etc. >>> > Any other suggestions, comments welcome. >>> > Harish Kotian >>> > Moderator >>> > AccessIndia. >>> > >>> > >>> > ________________________________ >>> > Notice: This email and any files transmitted with it are confidential > >>> and >>> > intended solely for the use of the individual or entity to whom they > >>> are >>> > addressed. 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The Reserve Bank of India accepts no liability >>> for >>> > any damage caused by any virus transmitted by this email. >>> > Celebrating Louis Braille's birthday, Jan. 4th. >>> > >>> > To unsubscribe send a message to >>> [email protected] the subject unsubscribe. >>> > >>> > To change your subscription to digest mode or make any other changes, >>> > please visit the list home page at >>> > >>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>> > >>> >>> >>> >>> -- >>> Best regards, >>> >>> Srinivasu Chakravarthula >>> Mobile: +91 990 081 0881 >>> Website: http://www.srinivasu.org | http://www.learnaccessibility.org >>> Follow me on Twitter: http://twitter.com/VasuTweets >>> Celebrating Louis Braille's birthday, Jan. 4th. >>> >>> To unsubscribe send a message to >>> [email protected] the subject unsubscribe. >>> >>> To change your subscription to digest mode or make any other changes, >>> please visit the list home page at >>> >>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>> >>> >> >> >> -- >> Warm regards, >> >> Subhash Chandra Vashishth >> Mobile: +91 (11) 9811125521 >> Please don't print this e-mail unless you really need to. Consider >> environment! >> Celebrating Louis Braille's birthday, Jan. 4th. >> >> To unsubscribe send a message to [email protected] >> the subject unsubscribe. >> >> To change your subscription to digest mode or make any other changes, >> please visit the list home page at >> >> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >> >> Notice: This email and any files transmitted with it are confidential and >> intended solely for the use of the individual or entity to whom they are >> addressed. If you are not the intended recipient, any dissemination, use, >> review, distribution, printing or copying of the information contained in >> this e-mail message and/or attachments to it are strictly prohibited. If you >> have received this email by error, please notify us by return e-mail or >> telephone and immediately and permanently delete the message and any >> attachments. The recipient should check this email and any attachments for >> the presence of viruses. The Reserve Bank of India accepts no liability for >> any damage caused by any virus transmitted by this email. >> >> Celebrating Louis Braille's birthday, Jan. 4th. >> >> To unsubscribe send a message to [email protected] >> the subject unsubscribe. >> >> To change your subscription to digest mode or make any other changes, >> please visit the list home page at >> >> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >> >> > > Celebrating Louis Braille's birthday, Jan. 4th. > > To unsubscribe send a message to [email protected] > the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, > please visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > -- Warm regards, Subhash Chandra Vashishth Mobile: +91 (11) 9811125521 Please don't print this e-mail unless you really need to. Consider environment! Celebrating Louis Braille's birthday, Jan. 4th. To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
