Dear friends good morning
I am writing about my self from very long time.
Last time I am listening about new disability law which is the draft
our expert What happen which is passed by the parlament if is it not
to be done then when it will be possible, somethink I read about the
disability law now I am going to share with you if I may be wrong then
please correct me or my mistake
expnote.pdf
An Explanatory Note
on
the proposed amendments in
the Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full
Participation Act), 1995
1. Background
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(i) A Meeting to Launch the Asian and Pacific Decade of Disabled
Persons 1993-2002, convened by the Economic and Social Commission for
Asia and Pacific
(ESCAP), was held at Beijing in December, 1992. The Proclamation on
the Full Participation and Equality of People with Disabilities in the
Asian and Pacific
Region was adopted in this meeting, to which India is a signatory.
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(ii) The subject of “Relief to the disabled” is covered under Item 9
of the State List in the
Constitution of India. However, the Central Government enacted The Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full
Participation Act), 1995 to
implement this proclamation. The Act was enacted under
Article 253-(“Legislation for
giving effect to international agreements”) of the Constitution of
India, read with item No.
13 –(“Participation in international conferences, associations and
other bodies and
implementing of decisions made thereat”) of the Union List.
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(iii) The National Policy for Persons with Disabilities, which was
adopted on 10.2.2006, envisages amendments to the Act in consultation
with the stakeholders.
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(iv) An extensive consultation with the stakeholders was held with the
State Government
representatives, NGOs, disabled persons’ organizations and experts in
the field as
follows:
(a) At Patna - on 11.7.06 - for the Eastern Region
(b) At Chennai - on 18.7.06- for the Southern Region.
(c) At New Delhi - on 14.8.07- for the Northern Region
(d) At Goa - on 19.11.07 - for the Western Region.
The last two meetings were held after the United Nations Convention on
the Rights of
Persons with Disabilities (UNCRPD) was signed by India on 30.03.2007,
so that its
provisions could be taken into consideration.
(v) During the course of consultation, various stakeholders were
requested to submit their suggestions in writing. The suggestions
received were compiled
in a report submitted on 27.03.2008 by the then Advisor,
Rehabilitation Council of India.
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(vi) The UNCRPD was ratified by India on 01.10.2007 and has come into
effect on 03.5.2008.
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(vii) Draft amendments were formulated considering the suggestions
received and the need for harmonization of the Act with the provisions
of the National
Trust Act, 1999.
(viii) The proposal for amendment in the Act was placed before Central
Coordination Committee (CCC), constituted under Section 3 of the Act,
on 21.7.09.
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(ix) The proposal has been revised, taking into consideration the
suggestions received in the CCC meeting, and the latest version of the
proposed amendments
is enclosed.
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2. Summary of proposed amendments
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(i) Changes in Definitions (in Chapter I)
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(a) “Autism” is a disability in the National Trust Act, but not in the
PwD Act. Likewise, “multiple disabilities” is defined in the National
Trust Act.
It is proposed to add definitions of “autism” and “multiple
disabilities” in the PwD Act, in line with the definitions given in
the National Trust Act.
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(b) Definition of “rehabilitation” is proposed to be modified and
definitions of , “communication”, “discrimination on the basis of
disability”, “inclusive
environment”, “language”, “public building”, “reasonable
accommodation” and “universal design” are proposed to be added, in
line with the provisions of
UNCRPD.
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(c) Definitions of “blindness”, “hearing impairment” and “persons with
low vision” are proposed to be revised to make them more accurate,
based on the recommendation
of the Expert Committee set up by this Ministry under the chairmanship of DGHS.
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(d) Definition of "appropriate Government" is proposed to be improved.
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(e) Other important definitions proposed to be added are- “local
authority” and “poverty alleviation schemes”.
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(ii) Guiding Principles
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A new “Chapter III-A-Guiding Principles for Appropriate Governments and Local
Bodies”, is proposed to be included - based on Art.3 (“General
Principles”) of the UNCRPD.
This Chapter lists the steps to be taken by appropriate Governments
and local authorities, within
their economic capacity, to secure various rights of persons with
disabilities, as follows:
(i) Respect for inherent dignity, individual autonomy including the
freedom to make
one’s own choices, and independence of persons;
(ii) Non-discrimination;
(iii) Full and effective participation and inclusion in society;
(iv) Respect for difference and acceptance of persons with
disabilities as part of
human diversity and humanity;
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(v) Equality of opportunity;
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(vi) Accessibility;
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(vii) Equality between men and women;
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(viii) Respect for the evolving capacities of children with
disabilities and respect for the right of children with disabilities
to preserve their identities.
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(iii) Access for persons with disabilities
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(a) The existing provisions relating to access for persons with
disabilities are contained in
Sections 44, 45 and 46 relating to non-discrimination in transport, on
the road and in
the built environment, respectively. It is proposed that the proviso
“within the limits of
economic capacity and development’ be removed. Further, it is proposed
to provide for
specification of time-limits for making the transport sector, roads
and the built
environment barrier-free. The notification in this regard would have
to be issued within
one year of enactment of the Amendment Act and the time limit shall
not be later than
31.12.2017.
(b) A new “Section 46B-Accessibility of Information in the public
domain to persons
with disabilities” is proposed to be added. This Section is based on
Art. 21(“Freedom of
expression and opinion and access to information”) of the UNCRPD. This Section
will make it mandatory for appropriate Government and local bodies to
ensure availability
of all information in the public domain in accessible format suitable
to the needs of
persons with disabilities and notification of standards for
accessibility of websites.
(c) A new sub Section 48(2) is proposed to be added, relating to
research and development
in the area of universal design, which is also ultimately expected to
improve access for
persons with disabilities.
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(iv) Rehabilitation
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A new Chapter IVA (“Rehabilitation”), is proposed to be included,
replacing the existing
provisions of Section 42 (“Aids and appliances to persons with
disabilities”) and 66 (“”Appropriate
Governments and local authorities to undertake rehabilitation”). A new
provision is proposed
regarding involving family care givers and guardians of persons with
disabilities in their
rehabilitation, for which adequate training shall be provided.
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(v) Education
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(a) Section 26 ("Education of children with disabilities at the school
level")- The concept of inclusive education at the school level is
proposed to be
introduced, to bring it in line with the present policy under the
Sarva Shiksha Abhiyan and Art. 24 (“Education”) of the UNCRPD.
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(b) A new Section 26-A (“Distance Education of Persons with
Disabilities above 18 years of age to be free upto the senior
secondary stage”) is proposed
to be introduced, to provide free education through distance education
for persons with disabilities upto senior secondary stage irrespective
of age.
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(c) A new Section 26 B (“Higher and Professional Education”), is
proposed to be introduced to promote higher education for students
with disabilities.
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(d) A new Section 27 (“Education of children with learning
disabilities”), is proposed to be introduced (replacing the existing
Section 27) to improve the
coverage of the subject of education in the Act to give attention to
children with learning disabilities. The present Act has no provisions
whatsoever
about children with learning disabilities.
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(e) A new Section 27A (“Education of children with cerebral palsy and
children with multiple disabilities, especially deafblind children”),
is proposed
to be introduced to improve the coverage of the subject of education
in the Act to give attention to children with cerebral palsy and
children with multiple
disabilities, especially deafblind children.
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(f) In Section 30 (“Appropriate Governments to prepare a comprehensive
education scheme providing for transport facilities, supply of books,
etc.”), suitable
amendments are being proposed to accommodate the special requirements
of visually impaired and hearing impaired children with regard to
evaluation system
and curriculum.
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(g) The scope of Section 31 (“Educational institutions to provide
amanuensis to students with visual handicap”) regarding provision of
amanuensis to students
with disabilities, is proposed to be expanded to include persons with
disabilities in the writing upper limb, including students with
cerebral palsy.
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(h) The scope of the section Section 39 (“All educational institutions
to reserve seats for persons with disabilities”), which covers
Government and Government-aided
institutions, is proposed to be extended by including all recognized
institutions, which would be required to provide 3% reservation
(Section 31A replaces
Section 39).
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(vi) Reservation in Government Employment
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Amendments are proposed in Section 33 (“Reservation of posts”), for
reservation by
appropriate Government, to:
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(a) bring about clarity regarding coverage of organized services for
the purposes of reservation
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(b) split the 1% quota for reservation for persons with blindness and
low vision, to provide for 0.5% reservation in each sub-category
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(c) enable the appropriate Government to provide quota for reservation
for other types of disabilities also, and
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(d) carry forward unfilled vacancies for the next three years (instead
of the present period of one year) so that the benefit of reservation
is not denied
to persons with disabilities- this is in line with the recommendations
of the GOM in July, 2008
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(vii) Incentives to employers
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With regard to Section 41 (“Incentives to employers to ensure five
percent of the work force
is composed of persons with disabilities”), the incentives are now
proposed to be provided
only to employers in the private sector, since the public sector is
already mandated as per law to
provide reservation in employment and there is no justification for
giving incentives.
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(viii) Care and Protection, Health-care, and Social Security
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(a) A new Chapter VA (“Healthcare”) is proposed to be added based on
Art. 25 (“Health”) of the UNCRPD, to provide for appropriate
Governments and local
authorities to provide healthcare to persons with disabilities within
a reasonable distance from their location, especially in rural areas.
The healthcare
is to be provided free of cost for persons with disabilities whose
family income is below limits as notified by the appropriate
Governments. Barrier-free
access is to be provided in Government run or aided
hospitals/institutions/centres and priority in attendance is to be
given. The Act, at present, has
no provisions regarding healthcare.
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(b) Section 56 (“Persons with Disabilities in need of Care and
Protection”) - The appropriate Governments would be required to
promote care and protection
of persons with disabilities in the family and the community and
establish and maintain homes where there is no family/community
support. Special attention
is to be given to persons with severe disabilities and women and
children with disabilities.
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(c) A new Section 66 (“Maintenance Allowance and Disability Pension”)
is proposed to be added, replacing the existing section, to provide
social security
for persons with disabilities, especially to those with severe and
multiple disabilities, especially women, by appropriate Governments,
within the limits
of their economic capacity and development.
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(d) Section 67 (“Insurance”)- The existing Section, which only covers
insurance of employed persons with disabilities, is proposed to be
replaced with a
Section on a comprehensive insurance scheme for persons with
disabilities in general.
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(ix) Delivery of public services
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A new Section 46A (“Delivery of public services”) is proposed to be
added to provide equal
access to persons with disabilities in all Government programmes and
services, in the light of Art.
9 (“Accessibility”) of the UNCRPD.
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(x) Removal of the phrase “within the limits of economic capacity and
development” from certain existing sections
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The phrase “within the limits of economic capacity and development” is
proposed to be omitted
from the following existing Sections:
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i. Section 25: Prevention of disabilities
ii. Section 41: Incentives for employing persons with disabilities
iii. Sections 44-46: Non-discrimination/access
iv. Section 66: (being replaced by new Section 25A): Rehabilitation
v. Section 68: Unemployment allowance
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(xi) Creation of Awareness
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A new Section 70A (“Creation of Awareness on Disability Issues”) is
proposed to be added,
as per Art. 8 (“Awareness-raising”) of the UNCRPD, mandating that
appropriate Governments
and local authorities shall take measures for awareness-raising,
combating prejudice and
promoting positive perceptions about persons with disabilities.
(xii) Recreation
A new Section 70B (“Recreation”) is proposed to be added, based on
Art. 30 (“Participation in
cultural life, recreation, leisure and sport”) of the UNCRPD, relating
to development and utilization
of creative, artistic and intellectual abilities of persons with
disabilities and measures for their
participation in mainstream sports, recreation and tourism, by the
appropriate Governments and
local authorities, within the limits of their economic capacity and
development.
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(xii) Central and State-level Coordinating and Monitoring Mechanism
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(a) The Central Coordination Committee (CCC), as provided in Section
3, is proposed to be re-named as the “Central Advisory Board” and the
Central Executive
Committee(CEC), as provided for in Section 9, as the “Central
Coordination and Monitoring Committee”, since the existing
nomenclature does not adequately
convey the functions of these bodies. Similar changes are proposed to
be made in the nomenclature of the State Coordination Committees
(Section 13) and
the State Executive Committees (Section 19).
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(b) New Sections- 9A and 19A- are proposed to be added to incorporate
provisions relating to tenures of nominated members of the Central and
State Coordination
and Monitoring Committees respectively.
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(c) Certain changes are proposed in the composition of the Central
Advisory Board under Section 3 and the Central Coordination and
Monitoring Committee
under Section 9 vis-à-vis those for the existing CCC and CEC,
respectively, so as to account for changes in nomenclature in some of
the Ministries and
inclusion of some more ex-officio members whose presence in these
bodies seems necessary.
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(d) Similar changes (as in Sections 3 and 9) are proposed in Sections
13 and 19 with regard to composition of the State Advisory Board and
State Coordination
and Monitoring Committee. The Chief Secretary is now proposed as the
Chairperson of the State Committee, instead of the Secretary,
Department of Social
Welfare of the State, as per the present provision.
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(xiii) Introduction of a monitoring mechanism at the District-level
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At present, the PwD Act provides for consultative/monitoring at the
Central and State levels only.
It is now proposed, through a new Section 22A to provide for
constitution of a District-Level
Committee on Disability also, as a district-level mechanism for
monitoring implementation of the
decisions taken by the State Advisory Board and the State Coordination
and Monitoring
Committee.
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(xiv) Appointment, functions and powers of the Chief Commissioner and
State Commissioners for Persons with Disabilities
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(a) New provisions relating to details of terms of appointment,
conditions of service, resignation and removal are proposed to be
introduced in Section
57 (for Chief Commissioner) and Section 60 (for State Commissioners).
Appointment of the Chief Commissioner and State Commissioners on a
full-time basis
is proposed to be made mandatory. Besides, the proposed provisions
specify that serving Government employees cannot be appointed on the
post of Chief Commissioner
or State Commissioner, except in States with < 5 million population as
per last census.
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(b) Further to the existing powers of summoning and enforcing
attendance of witnesses, the Chief Commissioner and State
Commissioners are proposed to be
provided one more power of a Civil Court, under Section 63, viz. the
power to “examine on oath” which is essential to enable it to
enquire/investigate
complaints properly, and is enjoyed by other similarly placed bodies/
Commissions.
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(c) In addition, a new provision has been made under Section 59 to
ensure that whenever
the Chief Commissioner, while looking into the complaint regarding
deprivation of rights /
non-implementation of laws, rules, etc. for welfare and protection of
rights for persons
with disabilities, makes a recommendation to an authority, that
authority shall take
necessary action on it and inform the Chief Commissioner of the action
taken within three
months from the date of receipt of the recommendation. In case, that
authority does not
accept a recommendation, he shall convey reasons for non-acceptance to
the Chief
Commissioner within three months and shall also similarly inform the
aggrieved person.
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(xv) Recognition of Institutions for Persons with Disabilities
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New provisions are proposed to be added as indicated below:
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(a) New proviso has been added in Section 51("Registration of
institution") that recognition of institutions shall meet the minimum
standards and norms
for recognition as may be prescribed.
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(b) New Sub-Section 52(7)- A time-limit is proposed to prescribe for
disposal of applications for registration of new institutions.
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(c) New Sub-Section 52(7)- An institution for care of mentally ill
persons, which is licensed under the Mental Health Act, 1987, shall
not be required to
be registered under this Act.
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(xvii) Penal Provisions
A new Section 53A ("Punishment for contravention of Sections 44, 45,
46, 51 and 53") is
proposed to introduce a fine for contravention of Sections relating to
barrier-free access in
transport, on the road and in the built environment, and for violation
of the provisions of the Act by
registered institutions.
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(xviii) National Fund for Persons with Disabilities
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A new Chapter XIII A (“National Fund for Persons with Disabilities”)
is proposed to be added
in pursuance of the Supreme Court judgment dated 16.04.2004 in Civil
Appeal Nos. 4655 and
5218 0f 2000 (Indian Banks’ Association & Ors. Vs Devkala Consultancy
Service & Ors.). This
judgment, inter alia, contained directions for immediate creation of a
Trust Fund to be managed
by the CAG of India and subsequent creation of a statutory Trust Fund
through amendment of the
PwD Act. In pursuance of the judgment, the Trust Fund for Empowerment
with Persons with
Disabilities (chaired by CAG of India) was registered on 21.11.2006.
Another Fund, the National
Fund for People with Disabilities has been in existence since 1983.
Now these Funds are sought
to be merged and a statutory National Fund for Persons with
Disabilities is proposed to be
created the new proposed Chapter.
__________
Dear all tell me what is new of this law? Second whow will be check
about the issue of non implementation?
Third is what is the role of CCPD and Fourth is 3 percent reserbvation
is enough for us while 1 percent for visually blind?
Somebody was asking about the late employment for the disable person
due to this reason disable don’t get benefit as such compare a commen
person, I would like to share and hardly request to him friend please
check about the non emplimentation, because Govt is ready to provide
all consassion in rail but in the name of employment for the disable
person government institution is 0/0
If somebody ask about the backlock vacancy they replied no, all
vacancies are full in the departnebt.
I request to all of you then please aske in the government department
in your location about the vacancy which is reserve for the blind or
the other disable with roster system, after that please share with us.
I am waiting for your positive and prompt response thank you
Yours
Mohammad Hashim
Gernal sec Safal Abhiyan Trust Rites for person with disabilities,
rites and security for women education rites for child New Delhi
Mobile: +91-8826654692
Email: [email protected]
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