It is a praiseworthy act. Javez Abidy should be condemned by all who are
the
real well-wishers of the disabled brom the bottom of the heart as he is an
opportunist and sees his own interest in the political circle.
He has done nothing for the disabled so far. Lat Lal Advani whose 9th
death
anniversary is today must be repenting wherever he is for supporting him
through which he came in to limelight.
Mittal
-----Original Message-----
From: AccessIndia [mailto:[email protected]] On
Behalf
Of SC Vashishth
Sent: Friday, February 28, 2014 1:45 PM
To: AI List; Flight we the PwD
Subject: [AI] Chief Commissioner Disabilities writes to the Prime Minister
on Lathicharge at AICC HQs & RPD Bill Ordinance
From reliable sources, I have obtained the following letter sent by the
Chief Commissioner- Disabilities to the Hon'ble Prime Minister today
morning in light of the Cabinet Meeting, on the lathicharge and also move
to bring in an ordinance. Worth reading...
Ref.No.01-9/CCD/2011 Dated: 28th February,
2014
Respected Prime Minister
I am the Chief Commissioner for Persons with Disabilities appointed by
your
government. I am writing to you because of certain recent developments,
which could cause both national and international embarrassment to the
country and therefore your personal intervention is necessary.
The Ministry of Social Justice and Empowerment introduced the Rights to
Persons with Disabilities Bill 2014 in the Rajya Sabha in January. The
Bill
was introduced in fulfilment of our international commitment to bring the
Indian law in conformity with the United Nations Convention on the Rights
of Persons with Disabilities which India has since ratified. A large
number
of disability rights activists found the Bill to fail on the CRPD standard
and consequently the Chairperson of the Rajya Sabha referred the Bill to a
House Committee.
Subsequently, a number of rumours started to float that the government
intends to bring the Bill in the shape of an ordinance, which was
problematic because disability rights is not an unoccupied legislative
field. The Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 already controls the area. If the
Bill of 2014 is promulgated as Ordinance, it cannot become operable unless
the Act of 1995 is repealed. The Act of 1995 has empowered a series of
individuals, bodies and authorities to implement the statute; all these
entities would become dysfunctional if the Act of 1995 is repealed but
there would be no time to establish and render functional the new
authorities because an ordinance can remain operable for a maximum period
of seven and a half months without obtaining parliamentary approval. The
enactment of the Bill through the Ordinance route will obtain no benefit
to
the 13 new impairments, which the Government intends to include in the
Ordinance; but would create an enforcement vacuum even for the
disabilities
already included in the 1995 Act.
I have also come to know that the government is not planning to promulgate
the Disability Bill of 2014 as an Ordinance but is planning to promulgate
an Ordinance for the limited purpose of amending the Persons with
Disabilities Act of 1995 by including impairments which have been long
excluded from the benefit of the law. This amendment of the definition of
disability in the Act of 1995 will be supported by the entire disability
community.
However since no statement has been issued by the government on the
substantive content of the Ordinance that is to be promulgated and the
enactment of Bill as Ordinance would cause irreparable harm to persons
with
disabilities, they have been agitating against the Ordinance in the length
and breadth of the country. Some of them I am given to understand were
injured in police lathi charge whist agitating outside the AICC and the
Congress Vice-President's office. Whilst the Indian media has not covered
the occurrence (except The Hindu dated 28.02.2014), it has been widely
covered in the social media and I am receiving innumerable calls and
e-mails from colleagues outside the country as to how a country which has
ratified the CRPD can so deal with its persons with disabilities.
In the circumstances, I am writing to urge your office to issue a
statement
that the proposed Ordinance only aims to amend the Act of 1995 and not to
enact the Disability Rights Bill of 2014. This statement from your office
will restore peace and assuage the tempers of a highly agitated community
and also give out a clear message to the international community that
India
is totally sworn to its international commitments.
I am sir, the first person with disability who has been appointed as the
Chief Commissioner for Persons with Disabilities and am committed to the
cause both personally and officially. I would be more than willing to
brief
you in person in the matter, if I am granted an appointment.
With warm regards,
Yours Sincerely,
( P .K. Pincha )
Shri Manmohan Singh
Hon'ble Prime Minister of India,
South Block, Raisina Hill,
*New Delhi - 110 011*
Copy to: Hon'ble Minister for Social Justice & Empowerment, Govt. of
India, Shastri Bhawan, New Delhi-110001
--
Warm regards,
Subhash Chandra Vashishth
Mobile: +91 (11) 9811125521
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