RPWD Bill in Lok Sabha: Bill passed but activists term disability bill a 'skeptical Act'

Rights of Persons with Disabilities Bill, 2014

Introduction: 7 Feb, 2014
Com. Ref.: 16 Sept 2014
Com. Rep.: 7 May, 2015
Rajya Sabha: 14 Dec 2016 (Passed)
Lok Sabha: 16 Dec 2016 (Passed)

Activists term disability bill a 'skeptical Act'

TIMES OF INDIA, Delhi, 16 Dec

NEW DELHI: Even as the Rights of Persons with Disabilities Bill 2016 got the approval of Lok Sabha on Friday and Rajya Sabha on Wednesday, disability rights' groups and activists punched holes into the new Act on Friday. While welcoming the passing of the bill, the process which started in 2007, they say that many provisions of the bill will "inculcate exclusion," and that "this Act will be more of obstacles rather than implementation." Activists are also concerned with the bill not specifying any provisions for women and children with disabilities, who are among the most vulnerable groups of the society. 

Concerned over the passing of the bill without any discussion in the Upper House of the Indian Parliament, Sambhavana Organization, a disability rights' NGO said that due to this "the Bill has been passed with many inadequacies and unresolved issues," many of which they claim were part of the previous draft bills "which have been omitted or diluted in the present one." 

"We feel happy with the passing of the Bill, but are concerned over the fact that there has been no discussion on it in the Rajya Sabha. This means the issue of disability is not a priority for the policy makers," said Nikhil Jain, president, Sambhavana. 

While the categories of disabilities have increased threefold, from seven to 21, the amended bill provides only 4% reservation for Persons with Disabilities (PwDs) which has been 3% so far. The rights' groups and activists were demanding retention of at least 5%. "Reservation in jobs, once proposed to be enhanced from 3% (1995 Act) to 5% (2014), has now been restricted to 4%," said disability right's activist, Dr Satendra Singh. 

Stating that the United Nations Convention on the Rights of Persons with Disabilities, which India is a signatory envisage "no policies without the PwDs in its ambit," Pankaj Sinha, a disability rights activist said that the rights of the disabled have been curtailed by the new Bill. 

"The amendments have been in waiting since 2007 and drafts of many committees rejected. The previous government also tried to pass an ordinance after the Sudha Kaul committee report was not accepted. The present government without putting the draft in public domain passed it," said Sinha. 

Stating that the Bill leaves a lot of lacunas for violators to get scot free, activists said that need of the hour has been more teeth for punitive action. "Another amendment drops imprisonment (two months to six months) for violation. There is only a fine of Rs 10,000 to Rs 5 lakh," added Singh. 

Another major concern has been regarding the rights of women and children with disabilities. "There is a special mention about rights of women and children with disabilities, but nothing specific has been stated. There is no legal provision for women with disabilities in marriage or divorce laws, where we need more clarity because they suffer the most. As far as children with disabilities are concerned there is also a special mention, but we need to clarity on how they are treated in institutions and inclusive education for them. In adoption laws too children with disabilities are left out. We need more specific provisions regarding adoption of children with disabilities," said Abha Khetarpal, president, Cross for Hurdles. 

Subhash Chandra Vashishth, advocate, disability rights, Centre for Accessibility in Built Environment, also highlighted the dilution in the amendments such as how Section 3 (3) allows "discrimination against disabled person if it is 'a proportionate means of achieving a legitimate aim.' This clause leaves 'legitimate aim' open to the subjective interpretation of bureaucracy. 

According to Singh, "Only remarkable part of a skeptical Act is inclusion of autism, dyslexia, deaf-blindness and other impairments." 

The Blind Workers Union too claimed that the main problems faced by the disabled community have not been addressed. The union in a statement said, "The Bill continues to lack any serious engagement on the question of protecting the labour and economic rights of disabled persons employed in the private sector."
Source: Times of India, 16 Dec 2016

RPWD Bill in Rajya Sabha: Bill passed, New conditions, revised quota and a few concerns

Know your Rights of Persons with Disabilities Bill, 2014

Introduction: 7 Feb, 2014
Com. Ref.: 16 Sept 2014
Com. Rep.: 7 May, 2015
Rajya Sabha: 14 Dec 2016

Disabilities Bill passed in Rajya Sabha: New conditions, revised quota and a few concerns

The Rights of Persons with Disabilities Bill 2014, which was introduced in Rajya Sabha in 2014, was cleared Thursday with 119 amendments moved by union Minister for Social Justice and Empowerment Thawar Chand Gehlot. The legislation, drafted to make Indian laws compliant with the UN Convention on Rights of Persons with Disabilities, will replace the Persons with Disabilities Act 1995. The number of disabilities listed rises from seven in the 1995 Act through 19 in the 2014 bill to 21 after the amendments, including acid attack and Parkinson’s disease.

The bill sets the government a two-year deadline to ensure persons with disability get barrier-free access in all kinds of physical infrastructure and transport systems. It recognises the need for reservation for them in promotion and makes special mention of the rights of disabled women and children. It defines many terms vague in previous versions, including what constitutes discrimination.

While disability rights activists have welcomed the amendments, they are upset about section 3(3) allowing discrimination against a disabled person if it is “a proportionate means of achieving a legitimate aim”. Prasanna Kumar Pincha, till date the only disabled person appointed Chief Commissioner for Persons with Disabilities, welcomed the bill but said this clause leaves “legitimate aim” open to the subjective interpretation of the bureaucracy.

Also, reservation in jobs, once proposed to be enhanced from 3 per cent (1995 Act) to 5 per cent (2014), has now been restricted to 4 per cent. CPM MPs Sitaram Yechury, K K Ragesh and C P Narayanan moved amendments to rectify the discrimination and reservation clauses. Gehlot assured clauses will be inserted when rules are framed to ensure the discrimination clause is not misused. “Why is there a hesitation to address this concern regarding discrimination in the parent act itself?” Pincha said.

“The bill is definitely a stride forward from the 2014 bill,” said advocate S K Rungta, convener of the All India Disability Alliance. He felt there was no need for the bill to dilute the fundamental right to equality as the Supreme Court has often recognised “reasonable classification”. “For example, a blind person cannot be employed in the military. It clearly does not constitute discrimination.”

Another sore point with activists is a provision for a Chief Commissioner of Disabilities instead of National Commission proposed in 2014. The chief commissioner has only recommending powers and there is no provision to ensure he or she too is a disabled person. “Every commission — minorities, women, SCs or STs — has a chairperson from the same category,” said disability rights activist Dr Satendra Singh. Another amendment drops imprisonment (two months to six years) for violation. There is only a fine: Rs 10,000 to Rs 5 lakh.

Source: Indian Express 15th Dec 2016

RPWD Bill amendments: what they are, what they will do?

Know your Rights of Persons with Disabilities Bill, 2014

Introduction: 7 Feb, 2014
Com. Ref.: 16 Sept 2014
Com. Rep.: 7 May, 2015

The amendments to Disability Bill: what they are, what they will do?

What is the Disability Bill about?

The government will bring 119 amendments to the Rights of Persons with Disabilities Bill, 2014. The legislation has been pending in Rajya Sabha since February 2014; the term of the UPA government ended soon after it was introduced. The draft legislation is based on the 2010 report of the Ministry of Social Justice and Empowerment’s expert Sudha Kaul Committee, and will replace the Persons with Disabilities Act, 1995. The Bill is being brought to comply with the UN Convention on Rights of Persons with Disabilities, to which India became a signatory in 2007.

The 1995 Act recognised 7 disabilities — blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation and mental illness. The 2014 Bill expanded the definition of disability to cover 19 conditions, including cerebral palsy, haemophilia, multiple sclerosis, autism and thalassaemia among others. The Bill also allowed the central government to notify any other condition as a disability.

The 2011 Census put the number of disabled in India at 2.68 crore, or 2.21% of the population. This a gross underestimation, especially in the light of the proposed amendments, which greatly widen the current Census definition of disability. The Bill makes a larger number of people eligible for rights and entitlements by reason of their disability, and for welfare schemes and reservations in government jobs and education.

What changes have been proposed to the 2014 Bill?

The amended version recognises two other disabilities — resulting from acid attacks and Parkinson’s Disease — taking the number of recognised conditions to 21, and defines each one of them. It makes a special mention of the needs of women and children with disabilities, and lays down specific provisions on the guardianship of mentally ill persons. “The amendments include private firms in the definition of ‘establishments’, which previously referred to only government bodies. All such establishments have to ensure that persons with disabilities are provided with barrier-free access in buildings, transport systems and all kinds of public infrastructure, and are not discriminated against in matters of employment,” said an official from the Ministry of Social Justice.

All these are progressive amendments. Are there any obvious negatives?

The amendments, if passed in their present form, will dilute safeguards provided in the originally proposed Bill. The 1995 law had 3% reservation for the disabled in higher education institutions and government jobs — 1% each for physically, hearing and visually impaired persons. The 2014 Bill raised the ceiling to 5%, adding 1% each for mental illnesses and multiple disabilities. The proposed amendments cut the quota to 4%.

“When a greater number of disabilities are being brought under the purview of the Act, the percentage of reservation should go up proportionately, “ said Muralidharan, secretary, National Platform for the Rights of the Disabled.

The proposed amendments do away with the provision in the 2014 Bill for strong National and State Commissions for Persons with Disabilities, with powers on a par with a civil court. They instead continue with the status quo of having only a Chief Commissioner with far fewer powers.

“Several favourable orders given by the Chief Commissioner have been quashed by the courts on the ground that the Commissioner has no powers and is only a quasi-judicial body,” said disability rights activist Dr Satendra Singh. He added that while the proposed amendments rightly recognise a wider range of disabilities, they fail to specify the degree of disability for thalassaemia, learning disabilities or autism. “Moreover, in India there are no suitable tools to quantify autism or learning disabilities,” Dr Singh said.

What if the disability law is violated?

While the existing (1995) Act has no penal provision, the 2014 version made violation of any provision of the Act punishable with a jail term of up to 6 months, and/or a fine of Rs 10,000. Subsequent violations could attract a jail term of up to 2 years and/or a fine of Rs 50,000 to Rs 5 lakh. The amended Bill, however, proposes to remove the jail term entirely, and only keep fines for breaking the law or discriminating against persons with disabilities.

Will the amended law help eliminate discrimination against persons with disabilities?

The proposed amended law defines discrimination as “any distinction, exclusion, restriction on the basis of disability” which impairs or nullifies the exercise on an equal basis of rights in the “political, social, cultural, civil or any other field”. However, it condones such discrimination if “it is shown that the impugned act or omission is a proportionate means of achieving legitimate aim”. Disability rights activists see this rider as paving the way for extreme interpretations.

“The excuse given by the government is that we will cry discrimination if we are denied certain jobs like, say, that of a pilot. However, every job has certain basic requirements, and no person with disability will apply for it unless he or she meets the criteria,” said Muralidharan. CPM MPs K K Ragesh and C P Narayanan are set to move amendments to the Bill asking for this provision to be deleted, and for retaining only the clause, “No person with disability shall be discriminated on the grounds of disability”.

As reported in Indian Express on 13th Dec 2016