Government notifies law on rights of persons with disabilities

Government notifies law on rights of persons with disabilities

New Delhi: Government has notified the recently passed Rights of Persons with Disabilities Bill which provides for reservation in government jobs for persons with benchmark disabilities from 3 to 4 per cent, and in higher education institutes from 3 to 5 per cent, Union Minister Thaawarchand Gehlot said today.

"The Bill was passed by Parliament in the winter session and then it was sent to the President for his assent. After the nod from the President, it was notified on Wednesday," Union Social Justice and Empowerment Minister Thaawarchand Gehlot said on the foundation day of the National Trust.
On the occasion, Gehlot launched the mobile app and Facebook Page of the National Trust.

"Through the app, information regarding the schemes and programmes will be disseminated. The Facebook page was launched with an aim to bring together all NGOs and organisation working in this field on the same platform," Gehlot said.

With the enforcement of the Rights of Persons with Disabilities Act, every child with benchmark disability between the age group of 6 and 18 years will have the right to free education.
The legislation has been made to bring Indian laws in line with the UN Convention on Rights of Persons with Disabilities.

Under the newly enacted Act, the types of disabilities have been increased from the existing seven to 21.

The newly added types include mental illness, autism spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, specific learning disabilities, multiple sclerosis, speech and Language disability, thalassemia, hemophilia, sickle cell disease, multiple disabilities including deaf blindness, acid attack victims and Parkinsons disease.

Also, disability has been defined based on an evolving and dynamic concept and government will have the power to add more types of disabilities
.
As per the Act, assaulting, insulting, intimidating, denying food to a person with disability or sexually exploiting a differently-abled woman and performing a medical procedure on such women without consent which may lead in termination of pregnancy will draw a jail term up to five years once the law is passed.

Any person who contravenes any provision of the act will be punished with a maximum fine of Rs 5 lakh.

PTI

7th Pay Commission Report: Person with Disabilities

7th Pay Commission Report: Person with Disabilities

 Introduction

9.6.1 As per the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, a “person with disability” means a person suffering from not less than 40 percent of any disability as certified by a medical authority. “Disability” as defined in Section 2(i) of the Act means– (i) blindness (ii) low vision (iii) leprosy cured (iv) hearing impairment (v) locomotor disability (vi) mental retardation (vii) mental illness.

9.6.2 As per the Census of India, 2011, there are nearly 26.8 million Persons with Disabilities (PWDs) in the country, which is nearly 2.21 percent of the total population.

PWDs in Central Government

9.6.3 The government provides three percent reservation in jobs for PWDs. Apart from this reservation at the entry stage, DoPT has issued instructions regarding identification of jobs, post-recruitment and pre-promotion training, providing aids/ assistive devices, accessibility and barrier free environment at work place, preference in government accommodation, grievance redressal, and preference in transfer/posting for PWDs. In a recent notification, a provision has been made for ten years’ (fifteen years in case of SC/ST and thirteen years in case of OBC candidates) relaxation in the upper age limit for direct recruitment to civil posts/services under the Central Government.

9.6.4 Moreover, there are certain special entitlements as given below:

i. Special Allowance for Child Care for Women with Disabilities at the rate of Rs.1,500 pm;

ii. Transport Allowance at double the normal rate, subject to a minimum of Rs.1,000 pm; iii. Constant Attendance Allowance for retired employees with 100 percent disablement at the rate of Rs.4,500 per month;

iv. Special Casual Leave for four days in a calendar year for specific requirements relating to disabilities;

v. Special Casual Leave for ten days in a calendar year for participation in Conferences/ Seminars/Trainings/Workshops related to disability and development.

9.6.5 In case the disability is work related, the following additional provisions are available:

a. Special Disability Leave;

b. Disability Pension;

c. Educational Concession to children of Defence personnel who are disabled in action.

9.6.6 For employees with differently abled children, Children Education Allowance and Hostel Subsidy is granted at double rate.

Demands

9.6.7 Associations of employees with disabilities made the following demands before the Commission:

i. Suitable enhancement in the existing provisions

ii. Provision of Common Room in offices with suitable recreational facilities

iii. Additional rebate in House Building Advance and Automobile Advance

iv. Establishment of Welfare Committees in the ministries

Analysis and Recommendations

9.6.8 The National Policy for Persons with Disabilities, 2006, enunciates the measures that need to be taken by the government to ensure equal opportunities, protection of rights and full participation in society for PWDs, in consonance with the principles enshrined in the Indian Constitution. India is also a signatory to the UN Convention on the Rights for Persons with Disabilities. Thus, provision of appropriate measures for employees with disabilities is the responsibility of the Union Government.

9.6.9 The Commission has made various recommendations regarding PWDs at different places in the report. They are consolidated here for ready reference:

i. In recognition of the singular responsibility faced by differently abled women in raising their children, the Special Allowance for Child Care for Women with Disabilities has been enhanced from the present rate of Rs.1,500 pm to Rs.3,000 pm

ii. Transport Allowance at double the normal rate has been retained, and the minimum amount has been increased from Rs.1,000 pm to Rs.2,250 pm

iii. Children Education Allowance and Hostel Subsidy have been kept at double rate for differently abled children

iv. Constant Attendance Allowance has been enhanced from Rs.4,500 pm to Rs.6,750 pm

v. Special Disability Leave has been subsumed in Work Related Illness and Injury Leave (WRIIL), with improved provisions

vi. Educational Concession, hitherto available only to the children of Defence personnel killed/missing/disabled in action, has been extended to similarly placed personnel of CAPFs, Indian Coast Guard, RPF and police forces of Union Territories mutatis mutandis

9.6.10 Besides the above recommendations, there are a few suggestions that can go a long way in improving the working environment for these employees:

i. In our interactions, it has been highlighted that easy access, particularly to toilets, remains an issue of concern. Hence, it is suggested that Guidelines and Space Standard for Barrier Free Built Environment for Disabled and Elderly Persons, issued by CPWD, Ministry of Urban Affairs and Employment, should invariably be followed while designing new government premises. Their application in the existing offices may also be explored.

ii. Every ministry should have a Welfare Committee, with due representation of differently abled employees, to address their concerns.

iii. The grievance redressal machinery should be strengthened and made more effective.