Dear Harish and other friends of AI family,
Since, I am a member of this family and have learnt a lot from you all and
cherished lot of good moments and thoughts and since I am a member of the
Committee constituted by the Ministry of Social Justice & Empowerment (MSJ &
E) to draft a new act to replace the PWD act, in consonance and harmony with
the provisions of UNCRPD, I felt that I should share the happenings in the
above committee. I don't want to enter in to any controversy and I don't
belong to any group, except being the Secretary General of NAB (India) and
myself, visually challenged.
The committee was constituted by the ministry in April with the above
mandate, but was expanded with more disabled members, as many persons and
NGOs insisted that the committee should have more representation disabled
members. For example, Mr. Kaul of AICB met the minister and requested him to
have at least one of the chiefs of the three national level blindness
institutions, to be included. He, in fact,strongly suggested my name. A
common letter from NFB, AICB and NAB (India), signed by Mr. Santosh Rungta,
Mr. J. L. Kaul and myself, in this regard was submitted to the ministry and
I was included accordingly in June 2010. I wish to clarify this, as some
others were trying to take credit for this, as if they had done me some
favor. You all know that I am least interested in any position and glory,
but will do anything possible to benefit Visually challenged.
The committee was decomposed in to many smaller groups to focus on specific
topics and later, the entire committee will look at all the provisions of
various groups. I was involved in employment, Social security and now in
Financials.
The groups met among themselves in July and August, met the legal consultant
in turn, to discuss the legality of various suggestions and finished their
work, sometime in September 2010 and this was discussed at NALSAR in
details.
Please note that, when the committee met the civil society for the first
time, the members of various groups, actually had not gone through the
entire act and therefore, couldn't explain or defend the same. While, I
strongly felt that the committee should finish its mandate and then the
entire act should be discussed in the full committee and then we should face
the civil society, though some other members felt that the civil society
should be asked to give its comments. In anycase, we went to the civil
society consultations.
During the consultations, many members made very concrete suggestions, but I
felt that we should have taken a little more time in studying and
understanding the entire act and then interact with the civil society, so
that the interaction would have been more meaningful and some of the members
of the civil society wouldn't have got the feeling that the committee is not
unanimous on its views.
It was agreed that the legal consultants will work on the draft and the same
would be discussed in the full committee meeting on 26 and 27 November, 2010
and it will be notified in the end of November, which will followed by civil
society consultations on 7 and 8 of December and then the state level
consultations. At least, when I went through the draft of December, I felt
that some provisions have not come, the way we had discussed and suggested.
I was of the feeling that the changes will have to be discussed with the
legal consultants.
We are fully aware that an attempt is being made to replace the PWD act, in
line with the provisions of UNCRPD and you all will agree that this is a big
work. Even if the committee takes few more months to finish its work, which
is going to have a long term effect, should we have so much objection about
this? Haven't we suffered the infructuous PWD act for 15 years? All the
members, realizing that a noble mandate has been given to them, in drafting
a new act to replace the PWD act, did a lot of work and made significant
contributions to the work of the committee and how can we undermine this.
Wouldn't it be a good idea that we appreciate and support the members and
encourage them in their mission?
During the last six months, have I not consulted many of you in NAB (India)
and can you all recall, how many times, we had met in NAB. Like myself, many
other members in the committee also had detailed consultations with the
members of civil society. So, how can we say that the committee is not
transparent and doesn't consult the civil society? In anycase, the ministry
will have to consult the civil society, before finishing this work. I am
therefore pained to see that some of us feel that the committee is closed
and doesn't care for the views of the civil society.
It is unfortunate that some of us believe that the legal consultants are
forcing the disability code on the committee. Sorry, this is not right. When
the discussions about one and four acts were going on in the committee and
many of us strongly feel that the mandate of this committee is to draw a
comprehensive act and not suggest repealing NT, RCI, etc. disability code
was looked only as an option. Many of us didn't agree with the code affront
and requested for more time to study the implications.
Another justification for disability code was the legal provision governing
the Disability Rights Authority (DRA) can be made in to an act under the
code and the present act needn't be made unwieldy. The code, at this stage,
has not been agreed by the committee. Without getting in to any politics and
personality issues, let me state that it is very unfortunate that some
members, who have substantially contributed to the committee, have decided
to resign.
Let me reiterate my stand. In the 1% reservation, 0.5% each for the blind
and low vision. Reservation in recruitment and promotion in all cadre. While
inclusion is the ultimate goal, all other models of education, viz.
integration, special schools, home based, distant education should be
available and the choice will be with the candidate or the care giver. %age
of participation of the disabled shouldn't be the criterion for declaring
any NGO as DPO. DRA has to be the integral part of the act, extension of
rights have to be backed up with regulatory framework and grievance
redressal and so on. So, friends, look at the positive work done by the
committee.
Finally, if some of you want to clarify anything, please ask me questions
and I shall try my best to answer. It is fine, if some of you don't agree
with me, but, I shall not take any unprofessional and unethical statements.
regards
----- Original Message -----
From: "Kotian, H P" <[email protected]>
To: <[email protected]>
Sent: Wednesday, January 05, 2011 9:23 PM
Subject: [AI] New draft bill for the disabled in rough waters
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.
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Celebrating Louis Braille's birthday, Jan. 4th.
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