Dear All

We earnestly request you to join us in the protest against the
Government’s ill-thought approved Rights of Persons with Disabilities
2013 Bill which government is planning to introduce in the next
session in the parliament.
This Bill has countless provisions which are detrimental to the
interests of persons with disabilities. We demand Nodal Ministry, The
Ministry of Social Justice and Empowerment to reconsider its decision
to ahead with the introduction of the Bil and make necessary
rectification in consonance with UNCRPD forthwith.

Protest Venue: Shastri Bhawan in front of MSJE Office New Delhi
Date: 28 January 2014
Timing: sharp 10:00 Indian Standard Time.

Below I’m highlighting major contentions of the Bill for your perusal.

1. Section 32 of the approved RPD Bill which deals with the
identification of posts is oblivious to the verdict delivered by the
Highest Court on October 8 2013. It quashed the central government’s
2005 office memorandum and claim that reservation for the disabled
must be restricted to “identified” posts. The apex court ruled that
the reservation must be on the basis of the total number of vacancies
in a particular cadre rather than posts identified by the government.
2. The definition of low vision in the Bill is deleterious to the
interests of both blind and low vision.
Low vision Definition given at Sl. No.11 of the Schedule to the Bill
of the definition of blindness at Sl. No.2 of the schedule to the Bill
when compared with the definition of low vision in question, clearly
reveals that the Bill seeks to create further confusion with regard to
certification of blindness and low vision to the detriment of the
interest of the blind. It is pertinent to note
here that while the definition of blindness given in the schedule
provides that if anyone has a vision not exceeding 3/60 or 10/200
(snellen) in the better eye but at the same time the definition of low
vision provides that if anyone has a vision not exceeding 6/18 or
20/60 and less than 6/60 or 20/200 (snellen) in the better eye with
correcting lenses, he may be certified as low vision. It implies that
a person could fall in both the categories at the same time and
certified so both blind and low vision. This is so because the
definition of low vision allows a person to be certified as low vision
if one has vision less than 6/60 or 20/200 making certain persons
covered by the maximum range of vision for being certified as blind.
As such, if the present definition of low vision is retained, the
benefits which otherwise were also difficult to be obtained by the
blind particularly totally blind, would become more difficult to be
obtained by them.

3. Section 73 (A)of the approved Bill calls for constitution of
National Commission for persons with disabilities But unlike other
commissions like National Commissions for Scheduled Castes, Scheduled
Tribes, Minorities, and women doesn’t mandate that it should be headed
by persons with disability.

Not only these, there are many more loopholes like lowering of age
relaxation, review of identified posts at the interval of five years,
no specific mentioning of public places, recommendationary powers to
NCPD alert  us not to allow this Bill’s introduction in the upcoming
parliament session which will be re-convened for vote on Account in
the next month’s first fortnight.

Please join us in large numbers and spread this call message like a
fire across your network.


-- 
Avinash Shahi
M.Phil Research Scholar
Centre for The Study of Law and Governance
Jawaharlal Nehru University
New Delhi India

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