Dear all, As far as I remember, The draft bill recognizes disabled people as envisaged per the persons with disabilities act. As Radhika points out the supreme court interim orders on the right to food case recognizes disabled people as one of the vulnerable sections. I attended the last national convension of the right to food campaign held in Rourkela in august 2010 where I put forward some recommendations:
INCLUSION OF DISABILITY IN RTF ACT These are my comments on the draft RTF in reference to disabled people!!! Some suggestions are from the disabled people’s network representatives. Chapter I 1. Preliminary of the RTF refers to CEADA, UNCHR but not UNCRPD (UN convention on the persons with disabilities which India has ratified and signed in 2008. RTF section should refer to UNCRPD Article 25 – Health: (f) Prevent discriminatory denial of health care or health services or food and fluids on the basis of disability. ARTICLE 28 - ADEQUATE STANDARD OF LIVING AND SOCIAL PROTECTION 1. States Parties recognize the right of Persons With Disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing and to the continuous improvement of living conditions and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability. 2. Definissions: Under definitions point F disabled people is referred to persons with disabilities act 1995. Please note this is not adequate as it leaves out other sections of disabled people as mentioned in the National Trust Act. A more comprehensive definition would be that of the UNCRPD. The UNCRPD has a more comprehensive definition of disability: Persons with Disabilities include those who have long-term physical, mental, intellectual, or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. The national trust act 1999 defines disability : In this Act, unless the context otherwise requires --Definition (a) "autism" means a condition of uneven skill development primarily affecting the communication and social abilities of a person, marked by repetitive and ritualistic behavior; (b) "Cerebral Palsy" means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal prenatal or infant period of development; (c) "Mental Retardation" means a condition of arrested or incomplete development of mind of person which is specially characterized by sub-normality of intelligence: (d) "Multiple'Disabilities" means a combination of two or more disabilities as defined in clause (i) of section 2 of the Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)Act, 1995; (e) "persons with disability" means a person suffering from any of the conditions relating to autism, Cerebral Palsy, Mental Retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disability; Autism and cerebral palsy are not covered in persons with disabilities act 1995 hence this act needs to be quoted in RTF act. Chapter III eliminating vulnerability Representatives from the viklang manch feel: 1. Anthodaya cards to be given to all disabled people irrespective of BPL status. 2. Double entitlement to be given to destitute disabled person. Chapter IV children 1. mandatory health check up – this should include disability identification Chapter V : PDS All disabled people should be given a food entitlements card. However there should be some exemptions to a limit exceeding the provisions mentioned in schedule V of the act Rs. 5000 Pm in rural areas and Rs. 7500 PM in urban areas. -------- These are some of my thoughts and suggestions including from the disabled peoples network. Now if this was not included we need to act now with more inputs from your side as well. I am sure the right to food campaign is taking cognisance of disability as one of the vulnerable groups. I am also marking this mail to Kavitha Srivastava and Biraj Patnaik who are part of the right to food campaign and I request them to respond to the concerns raised by the disability sector. Regards, -- With regards Dev N. Kumar Rehabilitation Officer Composite Regional Centre for PWDs, Patna Ministry of Social Justice & Empowerment, Govt. of India Mobile: +91 94731 99569, Email: [email protected] 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
