New Delhi: Concerned over the delay in response from some states to
the draft bill on the rights of people with disabilities, Minister for
Social Justice and Empowerment Selja has shot off a letter setting a
deadline for feedback on the legislation, which seeks to remove gaps
in existing law.
http://zeenews.india.com/news/nation/deadline-for-states-on-rights-of-disabled-people_841049.html
In her letter to seven chief ministers and a governor late last month,
Selja said that lack of comments from states had led to a delay in
giving final shape to the "important" Rights of Persons with
Disabilities (RPwD) Bill.

She urged the concerned states to send their views by April 12 and
noted that in the absence of comments, it will be presumed that the
state has no comments to offer.

Sources said letters has been written to the chief ministers of Uttar
Pradesh (Akhilesh Yadav), Punjab (Parkash Singh Badal), Bihar (Nitish
Kumar), Andhra Pradesh (N. Kiran Kumar Reddy), Tamil Nadu (J.
Jayalalithaa), Assam (Tarun Gogoi) and Tripura (Manik Sarkar). The
letter has also been sent to Jharkhand Governor Syed Ahmed as the
state is under president's rule.

Selja said in her letter that a copy of the RPwD bill had been sent by
the secretary, department of disability affairs last September and the
matter had been subsequently followed up but the states had not sent
their comments.

"In view of above, I shall be grateful if you could instruct the
concerned officials to send the comments/suggestions, if any, on the
draft RPwD bill by April 12, 2013 to enable this ministry to further
proceed in the matter in getting the proposal finalized. If no
comments are received by that date, we would presume that your state
government has no comments on the matter," the letter said.

Selja, who was moved to the social justice and empowerment ministry in
last October's cabinet reshuffle, said the states were primarily
responsible for the welfare of people with disabilities and their
observations and comments on such an important bill would serve as
valuable inputs for taking a final view in the matter.

Sources said the ministry had appointed a committee to draft the new
legislation to replace the Persons with Disabilities (Equal Protection
of Rights and Full Participation) Act, 1995 and the committee gave its
final draft in June 2011.

They said that the draft legislation was revised to "make it more
realistic" and incorporate suggestions from other agencies, including
the National Advisory Council.

They said that the draft bill had been posted on the ministry's
website for wider publicity. The officials said they were keen to
table the bill during parliament's monsoon session in July-August.

"We will send the bill for inter-ministerial consultations once we are
through with the stage of getting comments from states. We will then
move the cabinet," a ministry official told IANS.

He said that many of the states that had not sent their comments were
large with a sizeable proportion of disabled people and the ministry
was keen to get their views.

India has ratified the UN Convention on the Rights of Persons with
Disabilities (UNCRPD) and is obliged to ensure full realisation of
human rights and fundamental freedoms of people with disabilities
without any discrimination.

The official said that the new bill reflects commitments made by India
under the UNCRPD.

He said the draft bill expands the scope and definition of physical
impairments and recognises people with disabilities as equals.

The draft bill also lays down procedures by which the civil-political
rights guaranteed in the constitution and UNCRPD can be realised for
the persons with disabilities.

-- 
Avinash Shahi
MPhil Research Scholar
Centre for the Study of Law and Governance
Jawaharlal Nehru University
New Delhi India

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