By Prasanna Kumar Pincha,
Former Chief Commissioner for Persons with Disabilities, Govt. of India, New Delhi. 1.. This note examines the question as to whether the Rights of Persons with Disabilities Act, 2016 seeks to create a parallel and distinctive category of persons with disabilities in addition to the overarching category of 'Specified Disabilities' as defined in Section 2[zc]. The definition of persons with disabilities envisaged in Section 2 [s] of the Act is a case in point; and the said Section runs as follows: " 'person with disability' means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others;". 2.. The schedule to the Act lists out 21 conditions of disabilities together with their respective definitions, and these have been enumerated under five broad categories of physical disability, intellectual disability, mental behaviour, disability due to', and multiple disabilities. These 21 conditions/disabilities are called 'specified disabilities'. Section 99 of the Act empowers the central Govt. to amend the schedule which means that it can, if it deems fit add to the number of conditions/disabilities or otherwise modify the schedule. The Act further seeks to create a sub-category within the overarching category of 'specified disabilities' to be known as 'person with benchmark disability'. Section 2 [r] of the Act says that 'person with benchmark disability' means a person with not less than forty percent of a specified disability where specified disability has not been defined in measureable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority. Under the Act, persons with benchmark disabilities shal also be entitled to certain benefits such as those of reservation in Govt. jobs, in poverty alleviation schemes, in preferential allotment of land at concessional rates, ETC. Thus, these benefits shal not be available under the Act to those persons who come under the overarching category of 'specified disabilities'; but who do not qualify as persons with benchmark disabilities. However, the Act will otherwise apply to such persons as well; or one can say that the Act will apply to such persons also except as otherwise provided. 3.. To my mind, the intention of the legislature in inserting the generic definition of 'person with disability' vide Section 2 [s] could not have been to create a distinctive, separate and parallel category of persons with disabilities in addition to the overarching category of specified disabilities on account of the following reasons: 1.. Had it been the intention of the legislature to create a distinctive, separate and parallel category of persons with disabilities as stated above, it would also have provided for certification of persons coming under the said distinctive, separate and parallel category on the lines of Chapter ten of the Act which provides for certification of specified disabilities. However, the fact remains that there is no provision of certification of persons with disabilities which corresponds to the definition of persons with disabilities vide Section 2 [s]. 2.. The very fact that Section 99 empowers the central Govt. to amend the schedule also goes to show that no such separate or parallel category of persons with disabilities was intended. Based on the above, one may ask as to why then the generic definition of persons with disabilities was at all inserted vide Section 2 [s]? It appears that the purpose of inserting Section 2 [s] is to highlight the traits commonly shared by persons who come under the overarching category of 'specified disabilities'. In the above view of the matter, the Govt. may like to examine the issue and consider incorporating the following formulation by an order under Section 98 on removal of difficulties: "For removal of doubt, it is hereby clarified that the definition of 'person with disability' contained in Section 2 [s] shall be construed only as highlighting the traits commonly shared by persons who come under the category of 'specified disabilities', and not as creating a parallel category of persons with disabilities separate from the category of 'specified disabilities'. Vikas Kapoor, Mobile: (+91) 9891098137, 9013354994 Skype Id: dl_vikas 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/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in 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. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..