No, the proposed amendments are not still acceptable me thinks.
Definition of low vision is not still there.
Reservation provisions are muddled...
Bifurcation of reservation between blind and low vision is done away with.
It will perpetuate the exclusion of blind from jobs as is the case at
present.
My opinion may not be acceptable at present, but I have been proved right
in many instances.
For instance, banking difficulties persist due to not following judgment
of CCPD in the matter and lack of explicit guidelines by RBI about
cheques...
Similarly non bifurcation of blind/low vision and not increasing
percentage of reservation will entail innnumerable hardships...
Enforcement machinery is still toothless...
So, please do not fall for undue haste of the government and some
champions of disability rights and do press for the bill to go to standing
committee..
I don't know what happened.
On friday, We were given to understand that the bill has already been
refeerred to standing committee.
Then why it has resurfaced for passage today?
-----Original Message-----
From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On
Behalf Of Kanchan Pamnani
Sent: Monday, February 10, 2014 1:58 PM
To: accessindia@accessindia.org.in
Subject: [AI] Fw: Proposed amendments to the Rights of Persons with
Disabilities Bill 2014
Proposed amendments to the RPwD Bill, 2014
S.No.
Proposed clause by the Ministry
1
Clause 2 (q)-
'Persons with disability' means a person with long term physical ,
mental, intellectual, or sensory impairment which in interaction with
barriers in the environment , hinder his/her full and effective
participation in society on an equal basis with others
2
Clause 2 (j)-
High support ' means an intensive support, physical, psychological
and otherwise, which may be required by a person with benchmark
disability for daily activities,
to take independent and informed decision, to access facilities and
participating in all areas of life including education, employment ,
family and community life and treatment and therapy
3
Clause 2 (v)-
'Rehabilitation' refers to a process aimed at enabling person with
disabilities to attain and maintain optimal physical, sensory,
intellectual, psychological, or social function levels
4
Clause 12- Legal Capacity
New sub-clause to be added:-
12 (1) The appropriate Government shall ensure that the persons with
disabilities enjoy legal capacity on an equal basis with others in all
aspects of life and have the right to equal recognition everywhere as
any other person before the law.
5.
Clause 13 - Provision for guardianship
1. Notwithstanding anything contained in any other law for the time
being in force, on and from the date of commencement of this act, where a
district court or any designated authority, as notified by the State
Government , finds that a person
with disability, who had been provided adequate and appropriate
support but is unable to take legally binding decisions,
S.No.
Proposed clause by the Ministry
may be provided further support of a limited guardian to take legally
binding decisions on his/her behalf in consultation with such person, in
such manner, as may be prescribed by the State Government .
Explanation - For the purposes of this section -
(i) limited guardianship" means a system of joint decision which
operates on mutual understanding and trust between the guardian and the
person with disability. The limited guardianship would be time limited
and for specific decisions and situations and would work in accordance
to the will of the person:
Provided that the District Court or any
other designated authority may grant
total support to the person with
disability requiring such support or
when the limited guardianship has to
be granted repeatedly . The decision
regarding the support to be provided
would be reviewed by the designated
authority to determine the nature and
manner of support to be provided.
(2). On and from the date of commencement of this Act, every plenary
guardian appointed under any provision of any law for persons with
disabilities shall be deemed to function as limited guardian.
(3) The person with disability shall have the right to appeal this
decision of appointment of a legal guardian before an appellate authority
as appointed by the State Government for the purpose.
S.No
Proposed clause by the Ministry
6.
Clause 2
(a) "appellate authority " means an authority notified under
sub-section (3) of section 13, sub section (1) of section 52 and
sub-section (1) of section 58, as the case may be;
7
Clause 57- Procedure for certification
(1) Any person with specified
disability, may apply, in such manner as may prescribed by the
Central Government, to a certifying authority having jurisdiction, for
issuing of a certificate of disability.
(2) On receipt of an application under sub-section (1) , the
certifying authority shall assess the disability of the concerned person
in accordance with relevant guidelines notified under section 55, and
shall, after such assessment, as the case may be-
(a) issue a certificate of disability to such person, in such
form as may be prescribed by the Central Government;
(b) inform him in writing that he has no specified
disability.
New sub clause to be added:-
(3)The certificate so issued will be valid across the country
8.
Clause 3 (3) - Equality and non - discrimination
No person with disability shall be discriminated on the ground of
disability, unless it is shown that the impugned act or omission is
appropriate to achieve a legitimate aim.
No person with disability shall be discriminated on the ground of
disability, unless it is shown that the impugned act or omission is a
proportionate means of achieving a legitimate aim.
New sub clause to be added:-
3 (5) The appropriate Government shall take necessary steps to ensure
reasonable accommodation for persons with disabilities.
S.No.
Proposed clause by the Ministry
9.
Clause 15- Duty of educational institutions
The appropriate Government and the local authorities shall endeavour
that all educational institutions funded by them provide inclusive
education to the children with disabilities and towards that end shall,-
(i) admit them without discrimatination
and provide education and
opportunities for sports and
recreation activities equally with
others;
(ii) make building, campus and various
facilities accessible;
(iii) provide reasonable accommodation
according to the individual's
requirements;
(iv) provide necessary support
individualized or otherwise in
environments that maximize
academic and social development
consistent with the goal of full
inclusion;
(v) ensure that the education to persons
who are blind or deaf or both is
imparted in the most appropriate
languages and modes and means of
communication;
(vi) detect specific learning disabilities
in children at the earliest, and take
suitable pedagogical and other
measures to overcome them;
(vii) monitor participation, progress in
terms of attainment levels and
completion of education in respect of
every student with disability;
(viii) provide transportation facilities to
the children with disability and also
the attendant of the children with
disabilities having high support
needs.
The appropriate Government and the local authorities shall endeavour
that all educational institutions funded or recognized by them provide
inclusive education to children with disabilities and towards the end
shall ,-
(i) admit them without discrimination and
provide education and opportunities for
sports and recreation activities equally
with others;
(iii) make building , campus and various facilities
accessible;
(iii) provide reasonable accommodation according to the
individual's requirements;
(iv) provide necessary support individualized or otherwise in
environments that maximize academic and social development consistent
with the goal of full inclusion;
(v) ensure that the education to persons who are blind or deaf
or both is imparted in the most appropriate languages and modes and
means of communication;
(vi) detect specific learning disabilities in children at the
earliest, and take suitable pedagogical and other measures to overcome
them;
(vii) monitor participation, progress in terms of attainment levels
and completion of education in respect of every student with disability;
(viii) provide transportation facilities to the children with
disability and also the attendant of the children with disabilities having
high support
needs.
S.No.
Proposed clause by the Ministry
10.
Clause 32-Identification of post for reservation
The appropriate Government shall-
(i) identify posts in the establishment which can be
held by respective category of benchmark disabilities in respect of the
vacancies reserved in terms of section
33;
(ii) constitute an expert committee with
adequate representation of persons with benchmark disabilities for
identification of such posts;
(iii) undertake periodic review of the identified posts at an
interval not exceeding three years.
11.
Clause33-Reservation
(1) Every appropriate Government shall
appoint in every establishment under them, not less than five
percent of the total number of vacancies in the cadre strength in each
group of posts meant to be filled with persons with benchmark disabilities
of which, one percent each shall be reserved for persons with following
benchmark disabilities,-
(a) blindness and low vision;
(b) hearing impairment and speech impairment;
(c) locomotor disability including cerebral palsy, leprosy cured
and muscular dystrophy;
(d) autism, intellectual disability and mental illness;
(e) multiple disabilities from amongst persons under
clauses (a) to (d) including deaf blindness in posts identified
for each disabilities:
Provided that the National Commission or the State Commission for
persons with
S.No.
Proposed clause by the Ministry
disabilities, as the case may be, may, having regard to the duties and
functions of a particular posts in any establishment, exempt the
recruitment to such post by notification from the purview of this section.
(3)The appropriate Government shall, by notification, provide
relaxation of upper age limit for employment of persons with benchmark
disability in accordance with the instructions issued by that Government
from time to time.
12.
Clause 76- Removal of Chairperson and Members
(c) is of unsound mind and stands so declared by a competent
court, or
13.
Clause 89-Removal of Chairperson and Members.
S.No.
Proposed clause by the Ministry
(d) is of unsound mind and stands so declared by a competent court,
or
14.
Clause 114.Power of Central Government to make rules.
New sub clause may be added:-
(2)(b) the manner of providing support of limited guardian under
sub-section (1) of section 13.
15.
S.No. 1 of the Schedule
"Autism Spectrum Disorder" means a neuro-developmental condition
typically appearing in the first three years of life that significantly
affects a person's ability to communicate, understand relationships and
relate
to others, and is frequently
associated with unusual or
stereotypical rituals or behaviours.
15.
S.No. 11 of the Schedule
The definition of low vision to be notified by the Central
Government.
16.
Clause 39.
The National Commission shall, formulate and enforce
regulations for the persons with disabilities laying down the standards of
accessibility for the physical environment, transportation, information
and communications, including appropriate technologies and systems, and
other facilities and services provided to the public in urban and rural
areas.
Kanchan Pamnani
Advocate & Solicitor
9, Suleman Chambers,
Battery Street, Colaba,
Mumbai - 400 039.
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