Visually Impaired Bank Employees Welfare Association (VIBEWA) sends its representation to the Standing Committee on RPD Bill, 2014.
---------------------------- Original Message ---------------------------- Subject: Suggestions to the RPD Bill, 2014 From: "General Secretary" <[email protected]> Date: Fri, October 10, 2014 10:19 pm To: [email protected] -------------------------------------------------------------------------- To: The Honourable Chairman The Standing Committee on Social Justice and Empowerment Address: DIRECTOR, LOK SABHA SECRETARIAT, ROOM NO. 606, PARLIAMENT HOUSE ANNEXE, NEW DELHI-110001, Respected Sir, Subject: Suggestions for RPD Bill, 2014 We, on behalf of visually impaired Bank employee's welfare association, VIBEWA, an association representing employees of banking, insurance and finance sector with visual challenges, would like to submit enclosed suggestions in the bill for your active consideration. We also seek leave to appear in person before the committee and further explain our submissions. Thanking You Sincerely Yours Date: 10/10/2014 (Himanshu Sahu) General Secretary Visually Impaired Bank Employees Welfare Association (VIBEWA) e-mail: [email protected] website: www.vibewa.org Mobile: +91 9051055000 Address: 76, Anandanagar Housing Society Jagati Pota, Kalikapur Kolkata, W.B. Pin-700152 Enclosed as above: 1. clause 2 h definition of establishment should include private bodies. It did so in the very first draft prepared by the drafting committee. The aim was to bring the private bodies also within the ambit of reservation for eprsons with disabilities. It was also required to compell the private players to provide for reasonable accommodation. By not including private players in the definition of establishment, we are maitaining the status quo and the new enactment does not deliver the promise of bringing our laws in line with UNCRPD. Nowadays, almost all governmental functions are being outsourced and so it becomes much more relevant to make private players follow government norms with regard to disability. By providing for reservation and reasonable accommodation in private sector, India would be breaking new ground in empowerment of the persons with disabilities. 2. clause 2 definition of disability should include the words in interaction with barriers, definition of persons with disabilities in clause 2 P is vague when it mentions minimum 40% disability if disability is not defined in measurable terms and all persons when it is defined in measurable terms. 3. definition of barrier should include the word "attitudinal." more often than not, it is the negative psychological mindset of others which prevents a person with a disability from full participation. 4. clause 2 T definition of reasonable accommodation: the words "in a particular case" are unwarranted as modifications/adjustments made can benefit large number of prospective employees/users. 5. section 3 3 controversial. Discrimination cannot be justified in the garb of furthering a legitimate aim. 6. section 11 free legal aid for pwd to be included. 7. section 16 periodicity of survey to be laid down. 8. chapter on education has to mention about special education and private educational institutions. Special education cannot be ignored altogether and nowadays private players are ruling the roost in the educational market. So, some binding duties on them also like those in RTI have to be laid down with respect to persons with disabilities. 9 section 19 blanket excemption not desirable. It enables establishments to seek excemption from non discrimination provisions which attrocious, to say the least. 10 section on reservation should find a place in chapter on employment itself. 11. the words with their economic capacity and development in s23 and s26 should be removed. 12. More has to be said about para-sports and 3% funds should be earmarked for them. 13. S32 Identification of posts is for appointment to fill up the vacancies reserved and not for reserving the posts. SC judgment of october 8 2013 in NFB vs. UOI should be followed and section so worded. 14. S32 review of identified posts should be every three years and not five.  15. s33 Section should be properly worded as per sc judgment referred above. 1% vacancies should be bifurcated between blind and low vision, or 1% separately should be provided for blind and 0.5% for low vision. 16. S33 Reservation in promotion should be explicitly provided following judgment of SC and bombay HC in National confederation for the development of the disabled vs. Union of India case. 17. s34 incentives to private sector should be specifically mentioned otherwise section would lapse into mere formality as at present. 18. in chapter viii apart from establishments, private service providers builders etc. should be specifically mentioned, accessibility is an all round affair and if there is no obligation on private bodies, it cannot be ensured. 19. S47 social audit of all general schemes should be mandatory and not only schemes involving persons with disabilities. 20. In chapter ix, provision for existing institution to continue and apply for Certificate of registration within a specified period should be there. 21. chapter x certification process contains nothing new, it should provide for one unified certificate valid throughout India, also how different the certification would be from existing medical model. It continues with same medico-bureaucratic set up to be prescribed by government. 22. S59 nomination of persons with disabilities on central advisory board should not be qualified with the phrase "As far as practicable", it should be mandatory to have ten PWD members. 24. S65 same for state advisory board. 25. S71 there should be some clarity on the role of district level committees as to facilitate local level issues of the persons with disability. 26. S83 orders of national commission toothless as those of CCPD at present. Some enforcement machinery and powers must be given to it. 27. chapter xiii no provision about orders of state commission exists. No anologous section to s83. let alone gtiving teeth to orders of commission. 28. Chapter xv no uses for fund have been prescribed under the act. 29. S104 imprisonment for fraudulently availing the benefit should be increased to seven years from two years and fine should be enhanced to five lakh rupees and benefit should be forfeited with retrospective effect, besides, unique setences like community service should be laid down. 30. S107 previous sanction of the government thwarts the objective of the penalty chapter. It is used more often than not, to the detriment of the persons with disabilities. It would virtually render government servants immune to prosecution under this act. It should be removed. 31. sl09 provisions of this act in addition to other laws provision should provide that provision of other laws negating the provisions of this act shall not apply. 32. schedule definition of low vision leaves out persons with visual acuity between 6/60 and 3/60. Blindness starts from 3/60 and low vision ends at 6/60. unclear definition. Clean India Campaign: Let us also chip in! Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[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 Disclaimer: 1. 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