DRA's position on the new RPDB 2014

[Meenakshi B.]

Dear All,

Reference: http://pib.nic.in/newsite/print release.aspx?relid=154668

​The link is on press release on the RPDB 2014. It is proposed by MSJE to take up discussion on the Bill during this session of the Parliament.

DRA is planning to come up with its position statement. Please do share your inputs so that we could collate and submit the same to MSJE. As always all organisations will be credited.​

​It will be useful if all us could give our inputs by today evening or latest by tomorrow morning and send our collective submission by tomorrow afternoon.

Looking forward to all your inputs / non - negotiable. Please share this information with all your networks and get feedback also.

Thanks & Regards

Meenakshi​

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Meenakshi

Coordinator Projects

Equals, Centre for Promotion of Social Justice

Email: meen...@equalscpsj.org / con...@equalscpsj.org
Contact: 9840135750

[Vaishnavi Jayakumar (Inclusive India)]

Text here :

Government of India
Ministry of Social Justice & Empowerment
30-November-2016 19:38 IST

Cabinet Approves Proposal to Make Important Changes in The Rights of Persons With Disabilities Bill, 2014 During Ongoing Winter Session Of Parliament 

The Cabinet approved the proposal of the Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice and Empowerment to make important changes 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.

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 has been 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. Now after another round of consultations and inputs from the Standing Committee of Parliament, Amendments have been proposed. This shall ensure enjoyment of rights by the Persons with Disabilities.
As a result, now the salient features of the proposed Bill with 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

20. Acid Attack victim

21. Parkinson's disease

iv. Hence, Speech and Language Disability and Specific Learning Disability have been added for the first time. Acid Attack Victims have been included. New categories within three blood disorders, Thalassemia, Hemophilia and Sickle Cell disease have been added.

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 on ensuring accessibility in public buildings has to be ensured in a prescribed time-frame.

viii. Increase in reservation from 3% to 4% for students with benchmark disabilities in higher educational institutions has been proposed.

ix. It has been proposed to Increase in reservation from 3% to 4% in Government jobs for certain persons or class of persons with benchmark disability.

x. 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.

xi. Broad based Central & State Advisory Boards on Disability have been proposed to be set up as policy making bodies.

xii. 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.

xiii. National Fund has been proposed to be created to provide financial support to the persons with disabilities.

xiv. The Bill provides for penalties for offences committed against persons with disabilities.

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. 

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[Dlu South]

Hi Meenakshi,

Need to add Spinal cord injury, rare diseases and chronic metabolic/genetic conditions in the list of disabilities. The definition should be such that any other impairment shall be included.

Joint decision making is provided with the guardian, which is one step ahead. However there should be supported decision making system provided in RPDB or else joint decision making ill again lead to dependency on the guardian only. Full legal Capacity shall be provided as in UNCRPD.

These are the points I can immediately think of from the press release on salient features of RPDB. Will get back on more points by tomorrow morning.

Thanks & Regards

Smitha Sadasivan

Disability Legislation Unit, Vidya Sagar

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[Rajiv Rajan]

My feedback on RPDB amendments suggested

Discriminatory definition on the basis of distinction must be removed and UNCRPD definition on disability must be adopted. Definition can be different for rights and schemes.

Guardianship is unconstitutional and must be replaced with supported decision making systems.

Reservation must be reworked to include all persons with all disabilities.

Implementation agency must an ensured  majority of persons with disabilities.

Inclusive education must not be compromised. Resource must be made mandatory in all schools. special schools must be closed in a faced out manner.

Ensure experienced and proactive persons with Disabilities are only appointed as Chief commissioner and state commissioner. This must be mandated. With appropriate legal support. May in the form of a legal advisor at both these offices .

Rajiv Rajan

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[captainjohann samuhanand]

Dear Meenakshi,

  The new minister may not be much aware that people who get treated for mental illnesss and those who become chronically ill and disabled are covered under the disability act.

  thanks

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[Janaki Ramanathan]

hi  given below my suggestions...

while the range of disabilities have been increased and is laudable... there is a need to emphasise and highlight the varied nature within each disability   for eg  cp, autism, neural disorder like muscular dystrophy facial paralysis etc

need to emphasise on the need for insurance cover for the special needs of all persons including women, children with disabilities

factor on variation in regional, religious and different disabilities- mapping of disabilities   updating monitoring the same

rehabilitation, subsisdised cost for medicine assistive devices   etc

need to mention about the role of the media in portrayal of issues/persons with disabilities  ie sensationalism,  gender dimension    ie  portraying  only male children or males with disability...  need for accountability

make it mandatory to include accessible /universal design in every new project  government, private or whatever be the sector....  or face penal action

existing buildings( government/private/educational/entertainment /public spaces.. need to be revamped  to accomodate all persons with disabilites

must factor on senior citizens , diabtes, cancer  etc  where disability of any kind can be the side effects ofg that particular disease

must have a clearing house in all languages  spoken /sign/vernacular/ braile/   etc on awareness of the act, benefits/disabilioty certificate   etc...NOT EVERYONE HAS ACCESS OR CAN AFFORD TO ACCESS THE INTERNET/ 

streamline the different arms of the enforcement agencies- empahsiing on the 3 A'S - AWARENESS, ADVOCACY AND ACTION towards this end

hope these suggestions will be included  

thanks  

btw  meenakshi pl include my  official email   im not getting any..

Dr V.Janaki

Asst Professor, Dept of sociology

Sri Kanyaka Parameswari Arts & Science College for Women

1, Audiappa Street Chennai 600 001

Dr V.Janaki
VJ(VIJIRAMU)

On Thu, Dec 1, 2016 at 11:44 AM, Meenakshi B. <meen...@equalscpsj.org> wrote:

[Shankar Subbiah S]

Thank you Janaki. You have made my morning hours easy. Whatever I thought was already there in yours.

Would like to add Meenakshi are 

1. the Procurement policy / Tenders of all Government and Private Sectors to have Accessibility Statement in accordance to the Harmonised Guidelines by Ministry of Urban Development released early this year.

http://www.disabilityaffairs.gov.in/upload/uploadfiles/files/Harmonised%20guidelinesd%20released%20on%2023rd%20March%202016_compressed.pdf

You know for better what amount of hardships we are facing with Metro and TN Government officials.

2. Customs, Excise duties and GST, Service Tax exemption for Assistive Technology Devices / Services / Training / Maintenance and Support, Corrective Surgeries. It might be better to represent during Budget, but let us hammer it again and again to get in.

3. Update the ADIP scheme with latest Assistive Technology aids for all types of disabilities.

4. Accessibility in all documentation to be ensured, else severe action. I could not go to the level penal action as said by Janaki. Because, it might have repercussion action in case of documents, as we are facing even for employees with disabilities in the Government

Thanks.

With best regards,

Shankar

 

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[mohammed....@in.pwc.com]

I also would like to insert that all public procurement RFP floated by any government bodies should have mandatory claus on Accessibility which should mandate that public product or services should be accessible to all including citizens with disability.  
Thanks and kind regards
Asif

Mohammed Asif Iqbal
PwC | Principal Consultant (Manager) | Consulting
Direct: +91 (0) 33 4404 3111 | Mobile: +91 (0) 98 3005 9830
Email: mohammed....@in.pwc.com
PricewaterhouseCoopers Private limited
56 & 57, Block DN
Sector V, Salt Lake
Kolkata 700091
http://www.pwc.com/in

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[Janaki Ramanathan]

vaishnavi  the date is wrong mentioned as 2014  pl check text from, the cabinet committee

Dr V.Janaki
VJ(VIJIRAMU)

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