Re: [AI] INVITATION FOR DISCUSSION ON THE NEW RPWD BILL 2016
People in Delhi, the consultation seems to be worth-attending. Do find time to come there. On 12/28/16, George Abraham <geo...@eyeway.org> wrote: > Have sent you a whats app message confirming our participation! > > Good luck! > > George Abraham > > > -Original Message- > From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf > Of Pankaj Sinha > Sent: 27 December 2016 13:53 > To: accessindia > Subject: [AI] INVITATION FOR DISCUSSION ON THE NEW RPWD BILL 2016 > > Dear Maam/Sir, > > People's Action for Change & Empowerment (PACE) in collaboration with > Centre for Accessibility in Built Environment (CABE) has great privilege in > inviting you to the National Consultation on the new RPWD Bill 2016 > scheduled to be held in New Delhi during 29-30 Dec 2016. > > > > The Consultation will see leading disability rights activists, advocates & > legal practitioners & NGOs from across India sharing their concerns on the > new Bill. The idea is to supplement the Bill brought out by the Govt. > showing such great commitment, so that the resulting Act doesn’t fail the > aspirations of people with disabilities in the coming days. A slot from 5 > PM to 6 PM has been reserved for Media Briefings/Press Conference on 30 Dec > 2016, however media friends would be welcome to cover the event any time > during the two days too. > > > > *Need of this consultation* > > > > As you are aware that the Parliament had passed the Rights of Persons with > Disabilities Bill 2016 with 119 amendments in the 2014 Bill (Rajya Sabha > passed it on 14 Dec 16 and the Lok Sabha on 16 Dec 16). > > > > Although the RPWD 2016 Bill has many good features incorporating civil, > political & cultural rights & also covers a wide range of disabling > conditions with power to the government to add more disabilities, yet there > are many areas in the Bill that pose serious challenge as a result of > omissions & dilutions. This not only that frustrates the object of the Bill > which is to give full effect to the UN convention on the rights of persons > with disabilities but also takes away from the stakeholders what was > already available to them in the earlier Act of 1995. > > > > Many sections of the bill are also dependent on framing of comprehensive > rules in order to give effect to the Bill. There are also catena of > judgments passed by the different High Courts & Hon’ble Supreme Court > giving wider & beneficial interpretations that advanced the rights of > persons with disabilities and this jurisprudence need to find its place in > the Bill or in rules. If these concerns cannot be addressed within the > rules in the given framework of the bill, it may necessitate amendments in > the bill to rectify the same. > > > > In light of above, a National Consultation on the RPWD Bill 2016 is > proposed to be held in New Delhi during 29-30 Dec 2016 wherein we propose > to discuss each section threadbare & analyse the bill & come up with > suggestions on how to plug the lacunae in the Bill that the rights of > persons with disabilities are protected. > > > > > > *Background* > > > > According to the Census of India, 2011 disabled persons accounted for 2.21% > of India’s population. Of these, 20.3% have a movement-related disability, > 18.9% are those with hearing disabilities and 18.8% with vision-related > disabilities. > > > > Currently, the Persons with Disabilities (Equal Opportunities, Protection > of Rights and Full Participation) (PWD) Act, 1995 specifies seven > conditions as disabilities and makes special provisions for disabled > persons with regard to their rehabilitation, and opportunities for > employment and education. > > > > In 2007, India became a signatory to the United Nations Convention on the > Rights of Persons with Disabilities (UNCRPD). The UNCRPD requires signatory > states to make appropriate changes in law and policy to give effect to > rights of disabled persons. > > > > Apart from the PWD Act, other laws that govern various aspects of > disabilities include the Mental Health Act, 1987, the National Trust for > the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and > Multiple Disabilities Act, 1999 and the Rehabilitation Council of India > Act, 1992. > > > > In response to the ratification of the UNCRPD, the Government decided to > bring about changes in its existing legal framework. Accordingly, in 2010, > the Ministry of Social Justice and Empowerment constituted an expert > committee under Dr. Sudha Kaul Vice-Chairperson, Indian Institute of > Cerebral Palsy, Kolkata, to draft a new Bill
Re: [AI] INVITATION FOR DISCUSSION ON THE NEW RPWD BILL 2016
Have sent you a whats app message confirming our participation! Good luck! George Abraham -Original Message- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Pankaj Sinha Sent: 27 December 2016 13:53 To: accessindia Subject: [AI] INVITATION FOR DISCUSSION ON THE NEW RPWD BILL 2016 Dear Maam/Sir, People's Action for Change & Empowerment (PACE) in collaboration with Centre for Accessibility in Built Environment (CABE) has great privilege in inviting you to the National Consultation on the new RPWD Bill 2016 scheduled to be held in New Delhi during 29-30 Dec 2016. The Consultation will see leading disability rights activists, advocates & legal practitioners & NGOs from across India sharing their concerns on the new Bill. The idea is to supplement the Bill brought out by the Govt. showing such great commitment, so that the resulting Act doesn’t fail the aspirations of people with disabilities in the coming days. A slot from 5 PM to 6 PM has been reserved for Media Briefings/Press Conference on 30 Dec 2016, however media friends would be welcome to cover the event any time during the two days too. *Need of this consultation* As you are aware that the Parliament had passed the Rights of Persons with Disabilities Bill 2016 with 119 amendments in the 2014 Bill (Rajya Sabha passed it on 14 Dec 16 and the Lok Sabha on 16 Dec 16). Although the RPWD 2016 Bill has many good features incorporating civil, political & cultural rights & also covers a wide range of disabling conditions with power to the government to add more disabilities, yet there are many areas in the Bill that pose serious challenge as a result of omissions & dilutions. This not only that frustrates the object of the Bill which is to give full effect to the UN convention on the rights of persons with disabilities but also takes away from the stakeholders what was already available to them in the earlier Act of 1995. Many sections of the bill are also dependent on framing of comprehensive rules in order to give effect to the Bill. There are also catena of judgments passed by the different High Courts & Hon’ble Supreme Court giving wider & beneficial interpretations that advanced the rights of persons with disabilities and this jurisprudence need to find its place in the Bill or in rules. If these concerns cannot be addressed within the rules in the given framework of the bill, it may necessitate amendments in the bill to rectify the same. In light of above, a National Consultation on the RPWD Bill 2016 is proposed to be held in New Delhi during 29-30 Dec 2016 wherein we propose to discuss each section threadbare & analyse the bill & come up with suggestions on how to plug the lacunae in the Bill that the rights of persons with disabilities are protected. *Background* According to the Census of India, 2011 disabled persons accounted for 2.21% of India’s population. Of these, 20.3% have a movement-related disability, 18.9% are those with hearing disabilities and 18.8% with vision-related disabilities. Currently, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) (PWD) Act, 1995 specifies seven conditions as disabilities and makes special provisions for disabled persons with regard to their rehabilitation, and opportunities for employment and education. In 2007, India became a signatory to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The UNCRPD requires signatory states to make appropriate changes in law and policy to give effect to rights of disabled persons. Apart from the PWD Act, other laws that govern various aspects of disabilities include the Mental Health Act, 1987, the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 and the Rehabilitation Council of India Act, 1992. In response to the ratification of the UNCRPD, the Government decided to bring about changes in its existing legal framework. Accordingly, in 2010, the Ministry of Social Justice and Empowerment constituted an expert committee under Dr. Sudha Kaul Vice-Chairperson, Indian Institute of Cerebral Palsy, Kolkata, to draft a new Bill for persons with disabilities. The committee submitted a Draft Bill on June 30, 2011 that proposed to replace the PWD Act and addressed rights and entitlements for disabled persons. The draft Bill was extensively debated and discussed at various levels involving State Governments and Union Territories. The Committee held several State Level consultations at 30 places (28 States and 2 UTs) and also a National Consultation involving civil society representatives and consultations with legal experts. On the basis of the comments received from Central Ministries/ Departments as also the State Governments, the draft RPwD Bill was further revised and subsequently finalized in consul
[AI] INVITATION FOR DISCUSSION ON THE NEW RPWD BILL 2016
Dear Maam/Sir, People's Action for Change & Empowerment (PACE) in collaboration with Centre for Accessibility in Built Environment (CABE) has great privilege in inviting you to the National Consultation on the new RPWD Bill 2016 scheduled to be held in New Delhi during 29-30 Dec 2016. The Consultation will see leading disability rights activists, advocates & legal practitioners & NGOs from across India sharing their concerns on the new Bill. The idea is to supplement the Bill brought out by the Govt. showing such great commitment, so that the resulting Act doesn’t fail the aspirations of people with disabilities in the coming days. A slot from 5 PM to 6 PM has been reserved for Media Briefings/Press Conference on 30 Dec 2016, however media friends would be welcome to cover the event any time during the two days too. *Need of this consultation* As you are aware that the Parliament had passed the Rights of Persons with Disabilities Bill 2016 with 119 amendments in the 2014 Bill (Rajya Sabha passed it on 14 Dec 16 and the Lok Sabha on 16 Dec 16). Although the RPWD 2016 Bill has many good features incorporating civil, political & cultural rights & also covers a wide range of disabling conditions with power to the government to add more disabilities, yet there are many areas in the Bill that pose serious challenge as a result of omissions & dilutions. This not only that frustrates the object of the Bill which is to give full effect to the UN convention on the rights of persons with disabilities but also takes away from the stakeholders what was already available to them in the earlier Act of 1995. Many sections of the bill are also dependent on framing of comprehensive rules in order to give effect to the Bill. There are also catena of judgments passed by the different High Courts & Hon’ble Supreme Court giving wider & beneficial interpretations that advanced the rights of persons with disabilities and this jurisprudence need to find its place in the Bill or in rules. If these concerns cannot be addressed within the rules in the given framework of the bill, it may necessitate amendments in the bill to rectify the same. In light of above, a National Consultation on the RPWD Bill 2016 is proposed to be held in New Delhi during 29-30 Dec 2016 wherein we propose to discuss each section threadbare & analyse the bill & come up with suggestions on how to plug the lacunae in the Bill that the rights of persons with disabilities are protected. *Background* According to the Census of India, 2011 disabled persons accounted for 2.21% of India’s population. Of these, 20.3% have a movement-related disability, 18.9% are those with hearing disabilities and 18.8% with vision-related disabilities. Currently, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) (PWD) Act, 1995 specifies seven conditions as disabilities and makes special provisions for disabled persons with regard to their rehabilitation, and opportunities for employment and education. In 2007, India became a signatory to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The UNCRPD requires signatory states to make appropriate changes in law and policy to give effect to rights of disabled persons. Apart from the PWD Act, other laws that govern various aspects of disabilities include the Mental Health Act, 1987, the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 and the Rehabilitation Council of India Act, 1992. In response to the ratification of the UNCRPD, the Government decided to bring about changes in its existing legal framework. Accordingly, in 2010, the Ministry of Social Justice and Empowerment constituted an expert committee under Dr. Sudha Kaul Vice-Chairperson, Indian Institute of Cerebral Palsy, Kolkata, to draft a new Bill for persons with disabilities. The committee submitted a Draft Bill on June 30, 2011 that proposed to replace the PWD Act and addressed rights and entitlements for disabled persons. The draft Bill was extensively debated and discussed at various levels involving State Governments and Union Territories. The Committee held several State Level consultations at 30 places (28 States and 2 UTs) and also a National Consultation involving civil society representatives and consultations with legal experts. On the basis of the comments received from Central Ministries/ Departments as also the State Governments, the draft RPwD Bill was further revised and subsequently finalized in consultations with Ministry of Law and Justice (Legislative Department). The Union Cabinet considered the proposal of the Ministry and approved the proposed RPWD Bill, 2013 with the modification regarding exemption of National Fund from the purview of income tax (deletion of clause 102). The Ministry further met the representatives of the cross disability groups under
