---------- Forwarded message ---------- From: V Bhargavi <[email protected]> Date: 24 October 2010 18:04 Subject: New disability Act- URGENT: Questions to the Committee
dear friends, As you know, the expert committee on the new disability Act met on the 19th and 20th October at NALSAR. Presentations made by the legal team at NALSAR will go on the NALSAR website soon. In the meantime, some of these questions are being settled by the committee in the coming week. We have been requested by the Chairperson, Dr. Kaul, to take the views of the sector. You may directly write to her or you may send in your comments to me or any other member of the committee. You may also forward the questions to anyone in the mental health sector, who you think may be interested in responding. thanks. [All the earlier reports and minutes, including the comprehensive consensus paper, are found at the center for disability studies, NALSAR, website. You may write to "Nilesh Singit" <[email protected]>, at NALSAR for more information.] Best wishes Bhargavi On 24 October 2010 11:21, Amita Dhanda <[email protected]> wrote: > > > Dear all > > I am writing to thank all of you for validating our research work and > exhorting us to carry on with our work some of which requires us to do first > principles legal research to ensure that the mandate of a comprehensive law > covering all rights of all persons with disabilities is carried out in both > letter and spirit. Even as the various issues required to execute this task > were deliberated in one way or another, we require more explicit answers > from the members on some questions in order to complete the task on hand. I > am sending you the first set of these questions and do wish to alert you > that others may follow as we can complete this task only in close > communication with all of you. Since the time at our disposal is exceedingly > short, we would really appreciate if you send us your responses at the > earliest, preferably within the coming week. > > Best wishes > > > warmly > > Amita > > > > 1. Title of the Act > > Would you be alright if we continue with the present title that is Persons > with Disabilities ( Protection of Rights, Equality of Opportunity and Full > Participation) Act ? The advantage of retaining the title is that this along > with the objects and reasons helps us in saving some of the empowering case > law of the present Act. > > Or would you prefer a simple “Rights of Persons with Disabilities Act” ? > > > 2. Any further research on age related Reasonable Accommodation? This question refers to the committee recommendation that gender should figure in all the Acts, as well as, as a special article in the Act on women with disabilities. Here, the question asked is whether such a strategy must be adopted in the context of age as well (elderly)? > We had agreed to gender reasonable accommodation after a number of lived > examples had shown why such gendering was necessary. If age has to be > included it is necessary to send illustrative cases which demonstrate that > the simple concept of reasonable accommodation would be insufficient to > address this description. The members who were suggesting this change are > requested to provide empirical evidence on why this change is necessary. > > > > > > 3. Other than according its approval to the sub-groups suggestions on > the dual definition of disability (generic as well as enumerative), the > Committee would need to consider whether the enumeration made in the Act > would be the same for all entitlements or should they vary according to the > nature of the entitlement? > > > > This issue was discussed in some detail in the Committee. > > · Our work would be greatly assisted if each member provided us > his or her enumerative list of disabilities which according to the member > must be explicitly enumerated in the Act. > > · Along with this global list, members can also tell us if they > suggest that some disabilities be explicitly mentioned in some chapters. For > example, haemophilia or thalassemia for health or Specific Learning > Disability for Education etc. > > > > > > 4. The Committee may also wish to consider if they would wish to > enhance the menu of entitlements in order to address the specific concerns > of particular groups. > > · On the entitlement front, it was decided that whatever is > presently available must be continued, what we need to know is that is there > any entitlement or scheme or program which is presently not available but > which is vital for the realization of rights of any disability? > > > > 5. Whether definition of 'barrier' required? > > > > > > > > 6. Awareness raising which of the obligations would they wish to > place in the generic chapter and which obligations, if any, would they want > to include in the particular chapter. > > > > > > 7. Whether Act should mandate training more explicitly? > > > > > > 8. Do we want an Education Reform Commission? > > Various authorities are being suggested such as National Institute of > Universal Design and national institute of assisted and independent living. > The education reform commission is also one such authority. > > > > 9. Should reservations in employment also extend to promotions? > > No consensus could be reached in the sub-group and the matter has been > referred to the committee. > > 10. Do you have any ideas on how the following issues should be > addressed in the statute: > > · Safe and healthy work conditions ; > > · Labour and trade union rights ; > > · Assistance in finding, obtaining, maintaining and returning to > employment ; > > · Protection from Harassment and Redress of Grievances > > > > 11. Health Other than the generic right of equality and non > discrimination does the Committee wish to create any particular entitlements > for any specific disabilities? This question may be especially relevant for > the medical disabilities. > > > > > > 12. The Right to Habilitation and Rehabilitation > > The discussion on this right showed that this right was in some senses the > bridge or the T junction between this right and other rights. > > · We need some good information on say the kind of habilitative > and rehabilitative measures that are required before a person can access > their right to education; work and employment; home and family? > > · What programmatic interventions will you wish to suggest? > > · How do wish to address the issue of peer support especially as > we were alerted on some of the misuses which go along with it. > > 13. Offences and Penalties > > · Which wrongful acts would you want explicitly punished in the > Act? > > · What are your suggestions on creative sanctions other than fine > and imprisonment which should be used to obtain conformity with the law? > > > > 14. How do you suggest that we address statistical information in sample > surveys and the census in the Act? > > -- > Professor and Head > Centre for Disability Studies > NALSAR University of Law, > Justice City, > Shameerpet, Rangareddy District Hyderabad 500012, AP, India > 91-40-23498222 (O) 91-40-27816033 (Res) 91-8418-245161(Fax) +9198490 64951 > (M) > Website http://www.disabilitystudiesnalsar.org/ > > __._,_.___ Reply to sender<[email protected]?subject=re:+%5Bdisabilityactgroup%5D+URGENT:+Questions+to+the+Committee>| Reply to group<[email protected]?subject=re:+%5Bdisabilityactgroup%5D+URGENT:+Questions+to+the+Committee>| Reply via web post<http://in.groups.yahoo.com/group/disabilityactgroup/post;_ylc=X3oDMTJwdTRtZ2oyBF9TAzk3NDkwNDgxBGdycElkAzYwMTA5MjU3BGdycHNwSWQDMTcyMDA2MDY4MgRtc2dJZAMzMTIEc2VjA2Z0cgRzbGsDcnBseQRzdGltZQMxMjg3OTIwNTY0?act=reply&messageNum=312>| Start a new topic<http://in.groups.yahoo.com/group/disabilityactgroup/post;_ylc=X3oDMTJmcmN1ZWVrBF9TAzk3NDkwNDgxBGdycElkAzYwMTA5MjU3BGdycHNwSWQDMTcyMDA2MDY4MgRzZWMDZnRyBHNsawNudHBjBHN0aW1lAzEyODc5MjA1NjQ-> Messages in this topic<http://in.groups.yahoo.com/group/disabilityactgroup/message/311;_ylc=X3oDMTMzcWRoMXZ0BF9TAzk3NDkwNDgxBGdycElkAzYwMTA5MjU3BGdycHNwSWQDMTcyMDA2MDY4MgRtc2dJZAMzMTIEc2VjA2Z0cgRzbGsDdnRwYwRzdGltZQMxMjg3OTIwNTY0BHRwY0lkAzMxMQ-->( 2) Recent Activity: Visit Your Group<http://in.groups.yahoo.com/group/disabilityactgroup;_ylc=X3oDMTJmaTNoYm1rBF9TAzk3NDkwNDgxBGdycElkAzYwMTA5MjU3BGdycHNwSWQDMTcyMDA2MDY4MgRzZWMDdnRsBHNsawN2Z2hwBHN0aW1lAzEyODc5MjA1NjQ-> [image: Yahoo! 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