Disability Bill Law, An Amendment For Social Betterment
Post on 04,March 2017   5:00 AM
By - PolyEyes Staff
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"The Rights of Persons with Disabilities Bill - 2016" has been passed. The Bill will replace the existing Persons with Disability Act (Equal opportunities, protection of rights and full participation), 1995, which was enacted 21 years back.

Will empower 2.68 crore differently abled in India, originally moved by Mallikarjun Kharge.

The bill aims at securing and improving the rights and entitlements of a disabled person and gives effect to United Nations Convention on the Rights of Persons with Disabilities and related matters.

As per the World Bank, 15% of world population is affected by one or the other kind of disability.

Key Changes:

  • Disability has been defined based on an evolving and dynamic concept.
  • A jail term of six months up to two years and a maximum fine of Rs. 5 lakh (from 10,000) for discriminating against differently-abled persons.
  • The categories has been increased from existing 7 to 21.
  • The types of disabilities now include mental illness, autism spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions.
  • Reservation in vacancies in government established institutes has been increased form 3% to 4%.
  • Every child with benchmark disability between the age of 6 and 18 have the right to free education.
  • Creation of national and state funds to financially support the affected.

Certain concerns:

  • Imposing legal and financial on states and municipalities with regard to disability, whereas this is a State List subject solely to be established and protected by Central government.
  • The Bill allows discrimination if it is a proportionate means of achieving a “legitimate aim”making it controversial subjectively.
  • Only recommending powers and lack of provision to ensure that he/she is also disabled person by setting up a Chief Commissioner of Disabilities, instead of National Commission as proposed in 2014.

Conclusion: The proposed amended law defines discrimination as “any distinction, exclusion, restriction on the basis of disability” which nullifies the exercise on an equal basis of rights in the “political, social, cultural, civil or any other field.

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