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Salient features of RPWD Act 2016 and few comments on disability rules 2017

Tue, 06/27/2017 - 12:17 -- geeta.nair
Date of enactment: 
Tuesday, June 27, 2017
Eyeway Synopsis: 
Salient features of RPWD Act 2016 and few comments on disability rules 2017
Source: 
http://www.insightsonindia.com/2017/03/15/5-salient-features-rights-persons-disabilities-act-2016-recently-draft-rules-new-law-made-available-public-comments-critically-comment-t/
Introduction to Act: 
What are the salient features of the Rights of Persons with Disabilities Act, 2016. Recently the draft rules of this new law were made available to the public for comments. Critically comment on these rules. Around 2% of India’s population suffer from one or other kind of disability. RoPwDA,2016 is deemed to be an improvement over 1995 legislation, which treated disability in only medical parlance and more in line with UNCRPD. Salient features 1. Wide coverage -> Covers 21 categories of disabilities compared to 7 in the 1995 Eg-> Speech and Language Disability and Specific Learning Disability included for first time 2. Gender specific clauses -> Deals with gender sensitivity in certain chapters like Health, Social Security, and others 3. Reservation in Education/Employment -> Individual with at least 40 % of disability will be entitled to get the benefits of Govt. schemes 4. Inclusion of private sector -> Provides a definite period for all private sectors to make their organizations disability friendly 5. All India Permit -> Proposal for a “universal identity card for the disabled”, similar to an Aadhar card to mitigate inter-state disparity in disability entitlements 6. Right to free legal aid and Penal Provisions -> 2-year jail term and a maximum fine of Rs5 lakh for discriminating against disabled Comment on Draft rules 1. Document format are not disabled-friendly, meaning perspective of disabled section would go unrecorded 2. Does little to change the social attitude against disabled, and facilitate their mainstreaming 3. Timeframe for getting ‘Certificate Of Disability’ not specified which may lead to undue harassment (bribes) of disabled by administrative machinery 4. Clause on non-discrimination in employment mandatory only in government establishments, and not in private (but would decrease economic inequality to some extent) 5. SC Judgement (2013)-> Reservation to be based on total number of vacancies in a particular cadre rather than posts decided by Govt 6. No condition of having PwD member in the Govt. commissions Though the RoPwDA,2016 would facilitate increased recognition and accessibility to PwD under the Sugamya Bharat Abhiyan. But it does not fulfill the way in which one would treat a ‘divyang’. In addition to robust legislation, pro-active measures to bring change in social attitude is must.
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