SUGGESTIONS FOR THE AMENDMENT OF THE PERSONS WITH DISABILITIES (PWD) ACT

 

 

14th June 2006

 

Dear Friends,

 

Greetings,

 

I am sure that you must be aware of the circular from the Ministry regarding suggestions for the amendment of the Persons with Disabilities (PWD) Act. I did forward this as an email to most of you and a copy of the circular is attached below.

 

It is a great opportunity for us to work together in developing a comprehensive document across the different chapters/ sections to propose the much needed change to the PWD Act.

 

The PWD Act 1995 has definitely created a landmark towards ensuring ‘Equal Opportunities, Protection of Rights and Full Participation of persons with disabilities’, however there are also gaps that needs to be addressed.

 

I have to my limited knowledge made some observations and these could be further refined and fresh points could be added.

 

Some of my observations on the PWD Act, India, 1995 and the proposed amendments -

 

  1. The implementation and monitoring of the PWD Act has been the weakest link. We need an Act that works and redresses the issues faced by persons with disabilities. The Commissioner’s offices appear more helpless than the persons with the grievance. We need to strengthen the enforcing mechanisms. However the proposed amendment posted in the official website of the Ministry of Social Justice and Empowerment gives us an impression that they intend to dilute the composition of the Central and State – Executive and Coordination committees. The composition of these committees will now be under the rules of the Act and in net effect these powers will be in the hands of the administrative authorities.

 

  1. While amendments for the PWD Acts is being considered it needs to be reviewed in the light of the ongoing consultations of drafting the UN Convention on the Rights of Persons with Disabilities.

 

  1. The PWD Act needs to based on the principles of the proposed UN Convention on the Rights of Persons with Disabilities - respect for human dignity, individual self determination (autonomy) including the freedom to make one's own choices, and independence of persons; non-discrimination; full inclusion of persons with disabilities as equal citizens and participants in all aspects of life; respect for difference and acceptance of disability as part of human diversity and humanity; equality of opportunity and equality between women and men.

 

  1. Presently, the PWD Act focuses mainly on the Socio-Economic rights but has really not addressed the Civil and Political rights which includes – right to life, right to political participation, right to marriage, home and family, legal capacity, access to justice, freedom of movement, right to privacy – some of the articles have already been included in the draft UN Convention on the Rights of Persons with Disabilities.

 

  1. Currently, there seems to be no link between the on-going consultation for suggesting amendments to the PWD Act and the working groups at the UN where representatives from the Ministry of Social Justice and Empowerment are involved in finalizing the UN Convention on the Rights of Persons with Disabilities.

 

  1. Access to quality education is one of the ways by which persons with disabilities will be empowered to access their rights and elevate their status in society. However, the PWD Act merely talks of free education for persons with disabilities less than 18 years – this might ensure enrolment but does not in any way guarantee that persons with disabilities will have access to quality education at the school and college levels that is sensitive to their needs. Therefore while amendments are being considered to the PWD Act, the purpose of each section of the Act must be clearly stated.

 

What would be a good strategy is to involve the Office of the Commissioner for Disabilities in the respective state and facilitate a process by involving persons with disabilities, NGOs, legal experts and other players to send in their comments to the Ministry as I believe that this will have a greater chance of being considered.

 

I would be very happy if we are able to set the ball rolling and ensure that our concerns are worded rightly and sent to the Ministry of Social Justice and Empowerment on time.

 

Looking forward for your comments…and actions…

 

Warm regards

 

Yours sincerely

 

C Mahesh

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14 June 2006

 

Some of my suggestions to the PWD Act, 1995

 

Chapter 1 - Preliminary

  1. In addition to the 7 disabilities mentioned, adding more conditions under ‘Disability means –' in Chapter 1 such as Autism, persons affected by burn injuries

 

Chapter 2 & 3 – Central and State Coordination Committees

  1. Adding sections to ensure the efficient functioning of the Coordination committee and the State Coordination committee – and providing more authority for the committee

 

Chapter 4 - Prevention And Early Detection Of Disabilities

  1. More practical ways of ensuring Prevention and Early detection and intervention of disabilities – Example – Training for medical professionals on disabilities and rehabilitation

 

Chapter 5 - Education

  1. Ensuring teacher training programme covers syllabus related to including children with disabilities
  2. Ensuring that the education provisions for non-discrimination of children with disabilities is applicable to all schools which includes the aided and private schools

 

Chapter 6 – Employment

  1. Ensuring the inclusion of PWDs in Employment Guarantee Schemes,
  2. Penalties for private companies who are discriminate PWDs
  3. Provide jobs or additional taxes for private companies whose staff strength is over a certain specified number

 

Chapter 7 - Affirmative Actions

  1. Add in more actions – For example creating a protected market for products produced by persons with disabilities – this way persons with severe disabilities, intellectual disabilities will get be able to earn and be self-reliant
  2. Regional Transport Office facilitating modification of vehicles driven by or for the use of persons with disabilities

 

Chapter 8 – Non-discrimination

  1. Expand the scope of non-discrimination and ensure information is available in Braille and Sign Language

 

Chapter 9 – Research and Man power development

  1. Ensuring research products are made available to persons with disabilities in India and not as research that makes only prototypes

 

Chapter 10 - Recognition of Institutions For Persons With Disabilities

  1. Recognition of Institutions of Persons With Disabilities – organisations of persons with disabilities must be given a place in the decision making bodies for anything to do with disabilities on matters affecting their lives

 

Chapter 11 - Institution For Persons With Severe Disabilities

  1. Recognition of Institutions of Persons With Disabilities and their families

 

Chapter 12 - The Chief Commissioner And Commissioners For Persons With Disabilities

  1. Ensuring that the Annual plans and year end reports of the commissioners office are posted in the internet
  2. Greater collaborating and networking among the different state commissioner’s office to ensure common minimum standards of implementation of the PWD Act is maintained

 

Chapter 13 Social Security

  1. Ensuring the mainstreaming of disability in all development schemes and programme
  2. Ensuring the rights of PWDs are respected and protected by all Ministries and not only the Ministry of Social Justice and Empowerment
  3. Ensuring PWDs have access to free legal aid
  4. A single Disability Identity card for PWDs to access different schemes/ concessions across the country

 

Chapter 14 Miscellaneous

  1. Reword the clause ‘within the limits of their economic capacity and development’ with something that is more tangible
  2. Ensuring provision for persons with disabilities are created within specific time frames
  3. Improving the systems of monitoring the implementation of the PWD Act
  4. Inclusion of PWDs in decision making committees at the panchyat, taluk, district, state and national level
  5. Ensure that the Act covers the needs of all disabilities mentioned
  6. Ensuring the PWD Act reflects the spirit behind the ongoing drafting of the International Convention on the Rights of Persons with Disabilities by the UN and the BIWAKO Millennium Framework for Action - towards an inclusive, barrier-free and rights-based society for  persons with disabilities in Asia and the Pacific

 

C Mahesh

Asst. Director - CBR and Advocacy

MOBILITY INDIA
www.mobility-india.org

 

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http://socialjustice.nic.in/disabled/welcome.htm

 

F.No.16-18/2006-DD.III

Government of India

Ministry of Social Justice and Empowerment

***

Shastri Bhawan, New Delhi ,

Dated the       26th May, 2006.

 

Subject :  Inviting suggestions for amendment in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

 

  1. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 [PWD Act, 1995] came into force w.e.f. 7th February, 1996 .   The Act is available on the website of the Ministry at http://socialjustice.nic.in .

 

  1. With the passage of time and developments in the disability sector, certain amendments to the Act have become necessary and these amendments will be carried out in consultation with the stakeholders.

 

  1. All the interested individuals and organizations are, therefore, requested to send us their suggestions for amendment to the existing provisions of the Act or inclusion of new provisions by the 31st July, 2006 .  The suggestions may be sent to this Ministry at the address given below by mail/email:

 

Shri Ashish Kumar,

Deputy Director General (Disability Division),

Ministry of Social Justice and Empowerment,

Room No.610, ‘A’ wing,

Shastri Bhawan, New Delhi – 110 001.

Telefax No.011-2338 3853

Email : [email protected]

 

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