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

    to&ether 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)