Rights Issue-Persons With Disabilities Aruna S
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Transcript of Rights Issue-Persons With Disabilities Aruna S
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$he Central 4o%ernment shall by notification constitute a body to be 7nown as the
Central Co+ordination Committee to e=ercise the powers conferred on and to perform
the functions assi&ned to it under this Act!
As per Section ,2 : Ministry had issued notifications in 200 identifyin& posts (4roup
A > C ? D) that can be reser%ed for the ersons with Disabilities
to create a central le%el and state le%el coordination committees and the @=ecuti%e
Committee! $he main functions of these committees are to re%iew and coordinate the
acti%ities of &o%ernment and /4s to de%elop policies and monitor and e%aluate the
pro&rammes and policies for person with disabilities
Measures
1. Prevention and early detection of disabilities
All children shall be screened once a year for identifying "at risk" case
Staff of primary health centres shall be trained to assist in this work
Measures shall be taken for pre-natal perinatal and postnatal care of mother and child Awareness
campaigns.
!. ducation
very child with disability shall have the right to free education till the age of 1# years with free
books uniforms and scholarships$appropriate transportation and barrier-free environment.
%eacher&s training institutions shall be established to develop re'uisite manpower
(on-formal education
). mployment
)* vacancies in +overnment shall be reserved for blindness$low vision hearing impairment
locomotor disability and cerebral palsy.
+overnment educational institutions including those receiving grant from the government shall
reserve at least ) * of seats.
(o employee can be sacked$demoted if they become disabled during service.
,. (on-discrimination
All the places of public utilities public buildings rail compartments buses ship and aircraft shall be
made barrier-free to give easy access. still not achieved
/. 0esearch and development
Age relaation and health and safety measures in workplace environment
Poverty alleviation schemes
0eservation at )*
2. Affirmative Action
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Aids and appliances shall be made available
Allotment of land shall be made at concessional rates for housing business special schools etc.
3. Social Security
4inancial assistance to (+5s
6nsurance coverage to employees with disability
#. +rievances 0edressal
Any violation of rights people with disability may move to the 7hief 7ommissioner for Person with
8isability in 7entre and 7ommissioner in State.
9. Mass Awareness through %:$radio and other media
ncourage people on general health hygeine and sanitation
4or pre-natal perinatal and post natal care
7auses and methods of prevention of disabilities
Rights of Persons with Disabilities "ill, #$1% ( to replace the e=istin& ersons with
Disabilities Act 1*)
See7s to Breward6 the employment of persons with disabilities states that any employer
with 20 or more employees of whom more than * per cent are disabled shall be eli&ible
to deduct from his ta=able income an amount eual to the salary of the disabled
employees abo%e the * per cent
the other hand if less than * per cent of the total employee stren&th comprises persons
with disabilities
all educational institutions funded or reco&nied by the &o%ernment ha%e a duty to
pro%ide inclusi%e education!
o this approach is ris7y since there is no transition plan to mo%e a set up with
adeuate numbers of trained teachers and proper infrastructure!
pro%ides that reser%ation for persons with disabilities shall be only for the specific posts
that are e=pressly identified by the concerned authority
o $his is hi&hly contro%ersial and %iolates ./CD principles since it presumes
wron&ly that persons with disabilities can only perform some jobs or tas7s!
$here is a pro%ision for the constitution of the BDisability @uality Commission6 to
de%elop mechanisms to pro%ide support to persons with disabilities to li%e within their
own families or independently
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A person with disability who is denied the ser%ices or faces discrimination in accessin&
any ser%ices and the facilities shall be at liberty to ma7e a complaint before the
4rie%ance edressal Committee!
/o person pro%idin& support either indi%idually or as part of a networ7 shall e=ercise
undue influence on a person with disability! Such support when pro%ided by anindi%idual or a networ7 shall be so pro%ided that it respects the autonomy di&nity and
pri%acy of persons with disabilities!
3 there are many other pro%isions for social security education health sports in
which the bill says the disabled will not be discriminated and be &i%en eual
opportunities ( - dn6t want to fri&hten the readers by includin& some more) 3
P&D A' 1! s RPD "ill #$1%
o $he disabled in -ndia are Ein%isibleF this attitude was challen&ed by 9D AC$
1* considered landmar7 le&islation at the time
o 9D Act 1* relies too much on the state6s initiati%e in framin& schemes for the
disabled while emphasisin& their %ulnerabilities rather than on enhancin& their
capabilities
o -t also leans hea%ily towards the medical approach emphasisin& the physical
disabilities and tendin& to %iew welfare measures as the solution
o Gi7e most &o%ernment schemes aimed at a particular section of society suffer
from lac7 of coordination and do%etailin& of the efforts of the %arious a&encies at
wor7
o Another area that needs attention is :+ the socio+economic %ulnerabilities of the
parents&uardianscare&i%ers of the disabled
o A number of crucial areas are also out of the 1* Act6s ambit li7e the problems
faced by disabled women disabled persons6 accessibility to cultural acti%ities and
sports their preschool and hi&her education!
o $he 1* Act howe%er helped to brin& the ri&hts and problems of the disabled
into public and media discourse and also helped different ri&hts &roups to band
toðer on a common platform to a lar&e e=tent
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o The Rights of Persons with Disabilities Bill 2012 has won the thumbs up on
most counts since it has tried to do away with the shortcomings in the 1995
ct
-nternational Day of ersons with Disabilities H Dec ,
2012: the Ministry si&ned a Memorandum of .nderstandin& with 4o%ernment of
Af&hanistan for bilateral cooperation in the area of Disabilities.
ecently the Supreme Court (SC) ordered a minimum of ,' reser%ation for disabled in
all central and state &o%ernment jobs!
o it uashed the central &o%ernment6s 200* office memorandum and claim that
reser%ation for the disabled must be restricted to EidentifiedF posts
o $he ape= court ruled that the reser%ation must be on the basis of the total
number of %acancies in a particular cadre rather than posts identified by the
&o%ernment
scribes &rant of e=tra time etc! are pro%ided for the persons with disabilities durin&
e=aminations and &uidelines are issued by Dept! of Disability affairs
$as7 force has been set up to e=amine the need for establishment of /ational Centre for
.ni%ersal Desi&n and >arrier free @n%ironment (/C.D>@)
Apart from 9D Act 1* e=istin& laws for disabled :
o the ehabilitation Council of -ndia Act 12
o the /ational $rust for 9elfare of ersons with Autism Cerebral alsy Mental
etardation and Multiple Disabilities Act 1
o the Mental Iealth Act 1#
Rights of Persons with Disabilities Act, 2012, seeks to repeal the existing
four laws on disabilities
11th5J :
o i&hts based approach
o car%ed out new dept! for disabled + 2012
12th5J ecommendations
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o $welfth lan must adopt a two+pron&ed strate&y incorporatin&K(i) ser%ice
deli%ery and (ii) &eneration of public awareness about disability ri&hts!
o moderniation and e=pansion of production units of AG-MC
o Municipalities and anchayats need to be specially enabled and empowered to
perform their assi&ned role for the empowerment of ersons with Disabilities
(Poor panchayats , dnt get funds + more responsibilities)
o the strate&y : (i) -n%ol%ement of ersons with Disabilities in e%ol%in& strate&ies of
the &o%ernment and in%ol%in& or&anisations of persons with disabilities and their
representati%es in the decision+ma7in& processes and (ii) -nclusion of ersons
with Disabilities in the strate&ies and acti%ities of all &o%ernment pro&rammes as
would be rele%ant! 3 relevant in terms of good governance 3
o need for a Centre for Disability Sports!
o attention needs to be &i%en towards pro%idin& adeuate disable friendly
spacefacilities in all modes of transport %i! rail buses and airplanes and so on
o re%iew amended or replaced all e=istin& laws in order to harmonise them with the
pro%ision of .nited /ations Conference on ehabilitation of ersons with
Disabilities (./CD)
o the machinery attendin& to the rehabilitation de%elopment and empowerment of
persons with disabilities needs to be stren&thened ualitati%ely and uantitati%ely
o /ational and State le%el Missions for @mpowerment of ersons with Disabilities
may be considered with full+time Mission Director and supportin& staff on the
pattern of SSA /IM L//.M and so on
o State Mission for @mpowerment of ersons with Disabilities (SM@wD) will be
responsible for inte&ratin& and well coordinated implementation of %arious
pro&rammes and schemes for persons with disabilities!
*A+AR H a national festi%al for showcasin& the abilities of ersons with
Disabilities (wDs)
ersons with disabilities who e=celled in %arious fields :
o ajee% >a&&a (hearin&speech impaired) a /ational >adminton Champion in
the early 10s
o 4arimella Subramanium (%isually impaired) a senior journalist with the Iindu
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o rabha Shah (hearin&speech impaired) a painterartist
o Sudha Chandran (rthopedically challen&ed) a danceractress etc
&elfare progra--es . *che-es
$he se%en /ational -nstitutes for Disabled:
o the /ational -nstitute for the 8isually Iandicapped Dehradun (1)