RIGHTS OF PERSONS WITH DISABILITIES ACT 2016
Winter session 2016 of the Parliament was a complete wash out due the several issues, one of them was the demonetization. The Parliament witnessed heated arguments between the opposition and the government on the issue of demonetization. Only two bills were passed during the entire winter session. One is the "Taxation Laws (Second Amendment) Bill 2016", which was introduced as 'money bill' in Lok Sabha and the other bill is "Rights of Persons with Disabilities Bill 2016".
The "Rights of Persons with Disabilities Act 2016" will replace the existing "People with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act 1995".
The disability bill was originally introduced by the UPA-2 government in 2014 as the "Rights of Persons with Disabilities Bill 2014". To replace the 1995 act with new bill the then UPA government formed a committee. The committee was set up by the Ministry of
Social Justice and Empowerment under Dr Sudha Kaul, vice chair-person of the Indian Institute of Cerebral Palsy, Kolkata. This committee as required
by the UN convention comprised of persons of different disabilities. The final draft of the bill was approved by the then cabinet in December 2013 and the Bill was presented in the Parliament by the then 'Social and Justice Empowerment' Minister Mallikarjun Kharge in February 2014. The bill was then referred to the standing committee of the Parliament.
The current NDA governemnt prepared a new draft of disability bill 2016 including the recommendations of the standing committee and presented in Parliament during the winter session 2016.
Objective: The main objective of this bill
is “to make provisions for the protection of the rights of the persons with
disabilities in accordance with the United Nations Convention on the rights of
the person with disabilities and for the related matters”.
Key Features of the Bill:
- Disability has been defined based on an evolving and dynamic concept.
- 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:-BlindnessLow-visionLeprosy Cured personsHearing Impairment (deaf and hard of hearing)Locomotor DisabilityDwarfismIntellectual DisabilityMental IllnessAutism Spectrum DisorderCerebral PalsyMuscular DystrophyChronic Neurological conditionsSpecific Learning DisabilitiesMultiple SclerosisSpeech and Language disabilityThalassemiaHemophiliaSickle Cell diseaseMultiple Disabilities including deafblindnessAcid Attack victimParkinson's disease
- 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.
- In addition, the Government has been authorized to notify any other category of specified disability.
- It ensures that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others.
- No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is appropriate to achieve a legitimate aim.
- It ensures that the persons with disabilities are not obliged to live in any particular living arrangement and given access to a range of in-house, residential and other community support services, including personal assistance necessary to support living with due regard to age and gender.
- No person with disability shall be a subject of any research without his or her free and informed consent obtained through accessible modes, means and formats of communication and prior permission of a Committee for Research on Disability constituted in the prescribed manner for the purpose by the appropriate Government in which not less than half of the Members shall themselves be either persons with disabilities or Members of the registered organization.
- Any person or registered organization who or which has reason to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any person with disability, may give information about it to the Executive Magistrate within the local limits of whose jurisdiction such incidents occur. If the Executive Magistrate finds that the alleged act or behavior constitutes an offence under the Indian Penal Code, or under any other law for the time being in force, he may forward the complaint to that effect to the Judicial or Metropolitan Magistrate, as the case may be, having jurisdiction in the matter.
- It ensures that all educational institutions funded or organized by them provide inclusive education to the children with disabilities and towards that end shall— (i) admit them without discrimination and provide education and opportunities for sports and recreation activities equally with others; (ii) make building, campus and various facilities accessible; (iii) provide reasonable accommodation according to the individual’s requirements; (viii) provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs.
- The appropriate Government shall within the limit of its economic capacity and development formulate necessary schemes and programmes to safeguard and promote the right of persons with disabilities for adequate standard of living to enable them to live independently or in the community:
- The appropriate Government and the local authorities shall take necessary measures for the persons with disabilities to provide, free health care in the vicinity specially in rural area subject to such family income as may be notified; barrier-free access in all parts of the government and private hospitals and other healthcare institutions and centres;
- The appropriate Government shall, by notification, make insurance schemes for their employees with disabilities.
- The appropriate Government shall initiate or cause to be initiated research and development through individuals and institutions on issues which shall enhance habilitation and rehabilitation and on such other issues which are necessary for the empowerment of persons with disabilities
- Notwithstanding anything contained in the Rights of Children to Free and Compulsory Education Act, 2009, every child with benchmark disability between the age of six to eighteen years shall have the right to free education in a neighbourhood school, or in a special school, of his choice.
- All Government institutions of higher education and other higher education institutions receiving aid from the Government shall reserve not less than five per cent seats for persons with benchmark disabilities. The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education.
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