The annual observance of the International
Day of Persons with Disabilities on 3rd
December was established by the International Year
for Disabled Persons 1981. The
Day aims to promote a better understanding of disability issues with a focus on
the rights of persons with disabilities and gains to be derived from the
integration of persons with disabilities in every aspect of the political,
social, economic and cultural life of their communities. The goal of full and
effective participation of persons with disabilities in society and development
was established by the World Programme of Action
concerning Disabled Persons, adopted by the United Nations General Assembly in
1982.
The UN’s commitment to the full
and effective participation of all human rights by persons with disabilities
provide an international policy framework, which has been further strengthened by the newly adopted Convention on the Rights of Persons with Disabilities, adopted
in 2006. India signed the UN Convention on 30th March, 2007, the day it opened for
signatures.
The Government of India is committed for the realization of
full participation, protection of rights, and equal opportunities to all
including persons with disabilities. India is a country where most of the population lives in the
rural areas and accessing the health and rehabilitation services has always
been a challenges. Realizing this fact our government has already taken various
initiatives to "Reach the Unreached" through its various programmes conducted by the Institutions under Government
of India and also in partnership with Civil Society Organization.
National Awards for the Empowerment of
Persons with Disabilities
The Ministry of Social Justice & Empowerment has been
giving away the National Awards for the Empowerment of Persons with
Disabilities every year on 3rd December. The awards were initially
instituted in the year 1969 for giving away to the outstanding employers of
person with disabilities as well as the most outstanding employees. However,
keeping in view the changing scenario, the Scheme of National Awards have been
reviewed and revised from time to time and various new categories of awards
have been introduced. In accordance with the existing Scheme of National Awards
for the Empowerment of Persons with Disabilities, a total of 63 awards are
available under the following 13 broad categories:-
(i)
Best
Employees/self-employed with disabilities;
(ii)
Best Employers and Placement Officer/Agency for
placement of persons with disabilities;
(iii)
Best Individual and Institution Working for the
cause of persons with disabilities;
(iv)
Role Model;
(v)
Best Applied Research/Innovation/ Product
Development aimed at improving the life of persons with disabilities;
(vi)
Outstanding work in the Creation of Barrier-free
Environment for the persons with disabilities;
(vii)
Best District in providing Rehabilitation
Services;
(viii)
Best Local Level Committee of National Trust;
(ix)
Best State Channelising
Agency of National Handicapped Finance and Development corporation;
(x)
Outstanding Creative Adult persons with
disabilities;
(xi)
Best Creative Child with disabilities;
(xii)
Best Braille Press; and
(xiii)
Best Accessible Website.
Nominations
are called for through writing letters to various authorities nation-wide,
besides advertisement through the web-site of the Ministry as well as through
advertisement in various popular regional daily newspapers throughout the
country. The recommendations received
are initially short-listed by the designated Screening Committees and the
recipients of awards are finalised by the National
Selection Committee.
The awards are given away on the occasion
of the International Day of Disabled Persons, i.e., the 03rd December every
year. During previous years, the awards are mainly given away to
the recipients by the President of India, in a function held in the Main
(Plenary) Hall of the Vigyan Bhavan,
New Delhi. This year, 53 awardees have been approved under
the 13 categories of awards.
A brief note on major steps taken and interventions
made by the Ministry of Social Justice & Empowerment in Disability Sector
1.
Amendment to the Domestic Laws
·
Amendment to the Persons
with Disabilities Act, 1995
The
Persons with Disabilities (Equal Opportunities, Protection of Rights and full
Participation) Act, 1995 came into force w.e.f. 7th February, 1996. Keeping in view the developments in the
disability sector in last fourteen years and also to harmonize the provision of
the law with the spirit and general principles of the UNCRPD, as well as other
legislations on the subject, it was proposed to bring extensive amendments to
the Persons with Disabilities Act, 1995.
After a series of consultation with various stakeholders, draft amendments
were formulated. The proposed amendments
were circulated to various stakeholders and also posted on the website for the
information of general public. A no. of suggestions have
been received from several sources including State Governments and members of
Civil Societies. The suggestions
received have been documented and discussed extensively. A Committee has been
set up consisting of experts and representatives from disability sector and
various others stakeholders to draft a new legislation for Persons with
Disabilities. The Committee is chaired by an eminent person from the
Non-Government Sector who has been working in the disability sector for
long. The Committee is likely to submit
the draft legislation by 31st
December, 2010.
· Amendment to the RCI Act, 1992
The RCI Act is being amended. The amendments are also made
to align the Act with the provisions of the Act with United Nations Convention on the Rights
for Persons with Disabilities (UNCRPD) and provisions of other legislations on the subject.
·
Amendment to the National
Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities Act, 1999
The National Trust Act is being amended. Care is taken to harmonize the
provisions of the Act with United Nations Convention on the Rights for Persons
with Disabilities (UNCRPD) and
provisions of other legislations on the subject.
2.
National Policy for Persons with
Disabilities, 2006
The National Policy recognizes
that Persons with Disabilities are valuable human resources for the country and
seeks to create an environment that provides them
equal opportunities, protection of their rights and full participation in
society. It is in consonance with the
basic principles of equality, freedom, justice and dignity of all individuals
that are enshrined in the Constitution of India and implicitly mandate an
inclusive society for all, including persons with disabilities. The National
Policy recognizes the fact that a majority of persons with disabilities can
lead a better quality of life if they have equal opportunities and effective
access to rehabilitation measures.
3.
United Nations Convention on the
Rights of Persons with Disabilities (UNCRPD), 2008
UNCRPD, which India
is one of the first Countries to sign, came into effect on 03.05.2008. The
Minister of Social Justice & Empowerment urged all Chief Ministers of
Indian States as well as all Union Ministers of the Govt. of India to take
suitable action in regard to the provisions of the UNCRPD. Several steps have
been taken in discharging the obligation under UNCRPD by States Govt. and
Central Ministries. The responses received from them are being compiled by
Ministry of Social Justice & Empowerment which is the nodal Ministry for
matters relating to Persons with Disabilities.
The Ministry of Social Justice &
Empowerment is in the process of amending the Persons with Disabilities Act,
1995 so that the proposed new legislation is in consonance with the provisions
of the UNCRPD. The Rehabilitation Council of India Act, 1992 is also being
amended to align the Act with the
provisions of UNCRPD. The
National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities Act, 1999 is also being amended. Care is
taken to harmonize the provisions of
the Act with UNCRPD and provisions of other legislations on the subject.
In conformity with the obligations under
the UNCRPD, that each State Party has to submit a Country Report after two
years of the Convention coming into force, indicating there in the action taken
by it in discharging various obligations under the Convention, steps have been
initiated to prepare the first Country Report for India.
4.
Issue of Disability Certificates-
2009
The
PwD Act, 1995, provides certain benefits to persons
with disabilities who have not less than 40% of any disability, as certified by
a competent medical authority in the form of Disability Certificate. Thus, a
person with disability who wishes to avail the benefits under the Act has to
obtain a disability certificate from the medical authority notified for the
purpose. Disability Certificate is therefore an essential document for availing
various concessions and benefits under different schemes. The Persons with Disabilities Rules have been
amended in the year December, 2009. The
amended Rules enable a simplified and decentralized process of issue of
Disability Certificate.
As per the guidelines
issued pursuant to amendment to PwD Rules, disability
certificate can be issued by a single Doctor in respect of obvious disabilities
at the level of Primary Health Centres (PHCs)/
Government Medical practitioner, Community Health Centres
(CHCs) and Hospitals at the Sub-Divisional level; in case of non-obvious
disabilities, certificate can be issued by a specialist and only in case of
multiple disabilities, a multimember board would be required to issue the
certificate.
The State Governments have been asked to make suitable
amendments to their Rules and notified medical authorities. Several State
Governments have amended their Rules and notified medical authorities in line
with the guidelines issued by the Government of India. The Union Ministry for
Health & Family Welfare has already notified the Medical Authorities in
respect of Hospitals under Government of India.
5.
Barrier-Free Environment
In
pursuance with the provisions of UNCRPD, the PwD Act,
and National Policy of the Govt. of India, several steps have been taken to
provide the barrier free and accessible environment for the Persons with
Disabilities. All the Central Ministries
and State Governments have been asked to take appropriate steps in this regard.
In a pursuant action, the Delhi Division of Ministry of Urban Development had
notified the amended Building Bye-Laws, 1983 to ensure that the public
buildings, which are erected in Delhi provides barrier free environment to
Persons with Disabilities. These Building Bye-laws for barrier-free built
environment in public buildings have been circulated to all the States and Union Territories for
incorporation in the municipal building Bye-laws. So far, more than 22 States
have informed that they have modified their building bye-laws. The Ministry of
Railways Civil Aviations etc. have taken several steps to provide accessible
features in the Railway platform and Airports etc. Department of Public Enterprises have issued instruction to all Central Public Sector
Enterprises (CPSEs) to make all buildings of the CPSEs barrier free in time
bound manner.
Under
the Scheme for Implementation of Persons with Disabilities Act (SIPDA) funds
are provided to State Governments, various
Institutes/Universities/Organizations setup by Central/State to make public
buildings accessible.
6.
Accessible Websites:
The Ministry of Social Justice & Empowerment has launched its
accessible website – www.socialjustice.nic.in on 05th January this year which is disabled friendly.
7. Full and effective participation
and inclusion in society
RCI in
collaboration with the Media Lab Asia (MLA) has developed a comprehensive
national web portal namely “www.punarbhava.in” on disability. The portal is designed to provide all
related information regarding different disability issues at one platform. This will help persons with disabilities, professionals,
policy makers, students, parents, community workers and other stakeholders to
access information relating to the disability sector on regular basis.
In order to make
education available in all corners of the country for PwDs,
the EDUSAT Channel ‘NAVSHIKHAR’ has been set up in collaboration with Indian
Space & Research Organization (ISRO) and Media Lab Asia (MLA) by RCI. As on
date more than 500 study centres/ Institutions have
been connected through this station for the benefits of the students, trainees
and parents of the persons with disabilities. The Ministry of Social Justice
& Empowerment has shifted focus on training programmes
for manpower development in the field of rehabilitation being run in its
various National Institutes. Through its expansive programme
of Deendayal Disabled
Rehabilitation Scheme (DDRS), the Ministry is
running various programmes of education for PwDs through its National Institutes.
VBA/RS