Types of Disabilities have
been increased from existing 7 to 21 and Central Government will have power to
add more types of Disabilities
Shri Thaawarchand Gehlot addresses
the Press Conference
Shri
Thaawarchand Gehlot, Minister of Social Justice and Empowerment has said that
in the “Rights of Persons With Disabilities (RPWD) Bill, the Disability has
been defined based on an evolving and dynamic concept and the types of
disabilities have been increased from existing 7 to 21 and the Central
Government will have the power to add more types of disabilities. Addressing a
Press Conference on the occasion of “International Day of Persons with
Disabilities (3rd December)” here today, he said that Speech and
Language Disability and Specific Learning Disability have been added for the
first time. Acid Attack Victims have been included. Dwarfism, muscular
dystrophy have has been indicated as separate class of specified disability.
The New categories of disabilities also included three blood disorders,
Thalassemia, Hemophilia and Sickle Cell disease.
Shri
Gehlot informed the media persons that the Bill provides for penalties for
offences committed against persons with disabilities. Designated special Courts
have been proposed to handle cases concerning violation of rights of PwDs.
The
Minister said that the additional benefits have been provided for persons with
benchmark disabilities and those with high support needs. Every child with
benchmark disability between the age group of 6 and 18 years shall have the
right to free education.
He
said that it has been proposed to increase reservation from 3% to 4% in
Government jobs for certain persons or class of persons with benchmark
disability.
The
Minister further said that strengthening of the Office of Chief Commissioner of
Persons with Disabilities and State Commissioners of Disabilities has been
proposed, which will act as regulatory bodies and Grievance Redressal agencies
and also monitor implementation of the Act. These Offices will be assisted by
an Advisory Committee comprising of experts in various disabilities. Creation
of National and State Fund has been proposed to provide financial support to
the persons with disabilities.
“Rights
of Persons With Disabilities (RPWD) Bill :
Persons
with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 is the principal Act for the empowerment of Persons
with disabilities. The Act was enforced 20 years back. Meanwhile, there has
been drastic changes in disability sector such as understanding disability and
its social model of definition, new technology and process of rehabilitation
etc.
Further, India signed
the United Nations Convention on the Rights of Persons with Disabilities
(UNCRPD) and subsequently ratified the same on 1st October, 2007.
The Convention came into effect on 3rd May 2008. Being a signatory
to the Convention, India has an international obligation to comply with the
provisions of the Convention.
Keeping in
view the fact that the existing Act of 1995 is not fully in conformity with the
UNCRPD, a need was felt to have a rights-based legislation with a strong
institutional mechanism.
The Bill
had been mooted by the Ministry of Social Justice and Empowerment after
extensive consultation with various stakeholders, State Governments/UTs and
concerned Central Ministries and Departments and was introduced in the Rajya
Sabha on 7.2.2014, which was referred to the Parliamentary Standing Committee.
The
Standing submitted its recommendations on 7.5.2015. The Recommendations of the
Standing Committee were also shared with the States/UTs as well as all
concerned Central Ministries/Departments. Based on these consultations,
amendments to the Bill have been proposed which would widen the scope of new
Law and also provide a framework to enable the Persons with Disabilities to
enjoy their enjoyment rights equally with others.
The Union
Cabinet in its meeting held on 30.11.2016 approved the proposal of the
Department of Empowerment of Persons with Disabilities (Divyangjan) to
incorporate these amendments in the Rights of Persons with Disabilities Bill, 2014 during the
ongoing winter Session of Parliament. The new Bill with amendments proposes to
repeal the existing Persons with Disabilities (Equal opportunities, Protection
of Rights and Full Participation) Act, 1995.
The salient features of the proposed
Bill with incorporation of the amendments are:
i.
Responsibility
has been cast upon the appropriate governments to take effective measures to
ensure that the persons with disabilities enjoy their rights equally with
others.
ii.
Disability
has been defined based on an evolving and dynamic concept.
iii.
The
types of disabilities have been increased from existing 7 to 21 and the Central
Government will have the power to add more types of disabilities. The 21
disabilities are given below:-
1.
Blindness
2.
Low-vision
3.
Leprosy
Cured persons
4.
Hearing
Impairment (deaf and hard of hearing)
5.
Locomotor
Disability
6.
Dwarfism
7.
Intellectual
Disability
8.
Mental
Illness
9.
Autism
Spectrum Disorder
10.
Cerebral
Palsy
11.
Muscular
Dystrophy
12.
Chronic
Neurological conditions
13.
Specific
Learning Disabilities
14.
Multiple
Sclerosis
15.
Speech
and Language disability
16.
Thalassemia
17.
Hemophilia
18.
Sickle
Cell disease
19.
Multiple
Disabilities including deafblindness
20.
Acid
Attack victim
21.
Parkinson's
disease
iv.
Speech
and Language Disability and Specific Learning Disability have been added for
the first time. Acid Attack Victims have been included. Dwarfism, muscular
dystrophy have has been indicated as separate class of specified disability.
The New categories of disabilities also included three blood disorders,
Thalassemia, Hemophilia and Sickle Cell disease.
v.
Additional
benefits have been provided for persons with benchmark disabilities and those
with high support needs.
vi.
Every
child with benchmark disability between the age group of 6 and 18 years shall
have the right to free education.
vii.
For
strengthening the Prime Minister's Accessible India Campaign, stress has been
given to ensure accessibility in public buildings (both Government and private)
in a prescribed time-frame.
viii.
It
has been proposed to increase reservation from 3% to 4% in Government jobs for
certain persons or class of persons with benchmark disability.
ix.
The
Bill provides for grant of guardianship by District Court under which there
will be joint decision – making between the guardian and the persons with
disabilities.
x.
Broad
based Central & State Advisory Boards on Disability have been proposed to
be set up as policy making bodies.
xi.
Strengthening
of the Office of Chief Commissioner of Persons with Disabilities and State
Commissioners of Disabilities has been proposed, which will act as regulatory
bodies and Grievance Redressal agencies and also monitor implementation of the
Act. These Offices will be assisted by an Advisory Committee comprising of
experts in various disabilities.
xii.
Creation
of National and State Fund has been proposed to provide financial support to
the persons with disabilities.
xiii.
The
Bill provides for penalties for offences committed against persons with
disabilities.
xiv.
Designated
special Courts have been proposed to handle cases concerning violation of
rights of PwDs.
It
is expected that the proposed rights based legislation with more Rights and
Entitlements and strong monitoring agencies at the National and State Levels
will achieve empowerment and inclusion of Persons with Disabilities in the
society in a satisfactory manner.
*****
Sanjay
Kumar/MoSJ&E/03.12.2016