New Rights Bill - Govt Shocks Disabled - 3rd Feb Nation wide Struggle
As a consequence of the ratification of United Nations Convention on Rights of Persons with Disabilities (UNCRPD), India had undertaken to modify the domestic laws and bring them in consonance with the UN Convention. The process of drafting the new law started over four years ago and has gone through various stages, and was finally approved by the Union Cabinet on 12th December 2013.
Though we were not totally in agreement, we presumed that the Draft Rights of Persons with Disabilities Bill (dated September 2012), which is even now available on the MSJE Website was the one that was approved by the Cabinet. It is this draft that the TARADAC along with other organisations at the all India level, has been demanding tabling and passage.
However, we were in for a rude shock when we came across the Bill as passed by the Cabinet as it is completely at variance from the Draft submitted by the Department of Disability Affairs and is in violation of the essence and principles of UNCRPD.
To cite a few examples, the definition of Persons with Disability takes us back to a medical model; recognition of legal capacity of persons with disability, which is one of the main features of UNCRPD is completely diluted and mishandled; sections on the most vulnerable groups, children and women with disabilities, are missing; gaps in identification and recognition of jobs; reservation in promotions, regulatory mechanisms etc. are there.
We cannot accept the Bill in its present form. It needs to be amended before it is passed in parliament.
As a consequence of the ratification of United Nations Convention on Rights of Persons with Disabilities (UNCRPD), India had undertaken to modify the domestic laws and bring them in consonance with the UN Convention. The process of drafting the new law started over four years ago and has gone through various stages, and was finally approved by the Union Cabinet on 12th December 2013.
Though we were not totally in agreement, we presumed that the Draft Rights of Persons with Disabilities Bill (dated September 2012), which is even now available on the MSJE Website was the one that was approved by the Cabinet. It is this draft that the TARADAC along with other organisations at the all India level, has been demanding tabling and passage.
However, we were in for a rude shock when we came across the Bill as passed by the Cabinet as it is completely at variance from the Draft submitted by the Department of Disability Affairs and is in violation of the essence and principles of UNCRPD.
To cite a few examples, the definition of Persons with Disability takes us back to a medical model; recognition of legal capacity of persons with disability, which is one of the main features of UNCRPD is completely diluted and mishandled; sections on the most vulnerable groups, children and women with disabilities, are missing; gaps in identification and recognition of jobs; reservation in promotions, regulatory mechanisms etc. are there.
We cannot accept the Bill in its present form. It needs to be amended before it is passed in parliament.
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