Rajesh, Please if you have a few minutes go through the 2014 bill and please
list what we have lost since then. 
In this search for perfection and one upmanship,the community has lost and
no one wants to take the rap for it. It would have been fair if they had
acknowledged the mistake of delaying the legislation. I hope the next
generation learns from our stupidity.    
There are some who are celebrating and they have the right to celebrate
because we have got some rights that we did not have in 1996. Some groups
have been added and some disabilities have got more than what they had. So
for them we cheer. Some of those cut paste sentences from CRPD will help us
in courts. You know I am an optimist. But I too am saddened that we spent so
much time, money, health and other resources on this half baked RPD Act. 
Kanchan 

-----Original Message-----
From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf
Of Asudani, Rajesh
Sent: 03 January 2017 12:43
To: AccessIndia: a list for discussing accessibility and issues concerning
the disabled.
Subject: Re: [AI] Attention: Rights of persons with Disabilities Act, 2016
has been notified

Frankly speaking, the new RPD act is not worth the wait.
It has no weight.
Just is a copy paste exercise from UNCRPD to appease the disabled.
It is a bulletless gun, i.e. lacks any enforcement mechanism over and above
what is already there.

Moreover, it takes away what judicial pronouncements have already given us
i.e. reservation of vacancies of total cadre strength rather than those in
the identified posts and so on.

It carves out exemptions from non-discrimination clauses like sections 3(3),
section 20 and so on.

Bifurcation of reservation for blind and low vision was stalled by our own
advocates.

It also suffers from excessive delegation as it leaves out substantive
things like putting into practice social model of disability in
certification,  matters relating to posting and transfer, reservation in
promotion etc. to government rule making.
Nothing is prescribed about the horizontality of reservation which has
already resulted in hafhazard implementation.
It is not even clear on what constitutes benchmark disability when it says
in clause 2R that benchmark disability is 40% of specified disability when
disability is not defined in measurable terms and person with a disability
when it is defined in measurable terms.
At least I fail to comprehend what is meant by the above statement.

It goes on to be garrulous about government's duties, copying terms from
UNCRPD without actually mentioning who will do it.
CCPD and SCPDs are ass toothless as they are at  present.
Fate of district level committees is anybody's guess as even its functions
are left to state gtovernment's delegation.
Designated special courts and special public prosecutors to initiate
criminal proceedings at the behaste of disabled persons have to be notified
by government and any such prosecution has to obtain sanction of the
government which is self-defeating provision.
What will be the fate of a criminal proceeding by a disabled person for
violation of provisions of the act taken up by a SPP in a special court
which is already overloaded with regular cases, is anybody's guess.

Tall mandate is provided for all schools to be equipped to teach all the
disabled!!!

I do not want to write further as I don't want to dampen the spirits of
joy-jumpers, lest they hang me for criticizing Modi government!!!


-----Original Message-----
From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf
Of bhawani shankar verma
Sent: Monday, January 02, 2017 7:05 PM
To: access india; vedprakash.sha...@gmail.com
Subject: Re: [AI] Attention: Rights of persons with Disabilities Act, 2016
has been notified

I found nothing special in this act. as the powers of CCPD remains same.
the comission has still no right to proceed under IPC and CR.P.C. also the
1% reservation will be captured by low vision means 40% blind will be more
benifitted.

On 2 Jan 2017 6:10 p.m., "Vedprakash" <vedprakash.sha...@gmail.com> wrote:

> But I could not find any schedules in the downloaded version of the act.
>
> Vedprakash Sharma
> http://www.musicalexpressions.myehome.in/
>
> -----Original Message-----
> From: Asudani, Rajesh [mailto:rajeshasud...@rbi.org.in]
> Sent: Monday, January 02, 2017 10:45 AM
> To: vedprakash.sha...@gmail.com; AccessIndia: a list for discussing 
> accessibility and issues concerning the disabled.
> <accessindia@accessindia.org.in>
> Subject: RE: [AI] Attention: Rights of persons with Disabilities Act, 
> 2016 has been notified
>
> in the schedule.
>
>
> -----Original Message-----
> From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On 
> Behalf Of Vedprakash
> Sent: Friday, December 30, 2016 10:21 AM
> To: 'AccessIndia: a list for discussing accessibility and issues 
> concerning the disabled.'
> Subject: Re: [AI] Attention: Rights of persons with Disabilities Act, 
> 2016 has been notified
>
> I went through the disability bill but could not find the definition 
> of each disability prescribed.
> Where can I find the definations pertaining to the specified 
> disabilities in the bill?
>
>
> Vedprakash Sharma
> http://www.musicalexpressions.myehome.in/
>
> -----Original Message-----
> From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On
> Behalf
> Of Sanchit Katiyar
> Sent: Thursday, December 29, 2016 7:40 PM
> To: accessindia <accessindia@accessindia.org.in>
> Subject: [AI] Attention: Rights of persons with Disabilities Act, 2016 has
> been notified
>
> Dear Friends,
>
> The Rights of Persons with Disabilities Bill, 2016 has received the assent
> of the President of India and has been notified in the Gazette of India.
> The
> copy of the Act can be downloaded from the given link:
>
> http://www.egazette.nic.in/WriteReadData/2016/173326.pdf
>
>
>
>
>
> --
> Best Regards,
> Sanchit Katiyar
>
> Mobile No.:
> +91 9013816320.
>
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> sanchitkatiya...@gmail.com
>
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