Disabled people, their families and organizations in Chennai joined a
nation-wide candlelight vigil on Tuesday to mark their anguish over the
delay in enacting the Rights of Persons with Disabilities Bill.
With silent protests in Elliot's Beach and Kodambakkam, Chennai joined more than ten cities, including New Delhi, Mumbai, Bangalore and Kolkata.
"For four years, the disabled have had expectations on the bill and one more year has passed without it being passed. New Year's Eve is a sad day for us," said Muralidaran V, secretary, National Platform for the Rights of the Disabled (NPRD). Around 900 people joined the protest in Jantar Mantar in Delhi, he said.
The process of drafting the new law started four years ago and the cabinet approved it on December 12, but it was not introduced as Parliament was adjourned. The protests were initiated by the Disability Rights Group (DRG) and the NPRD in Delhi.
The legislation will replace the Persons with Disability Act 1995. India has signed and ratified the UN Convention on Rights of Persons with Disabilities (UNCRPD) in 2007 by which it was bound to modify and harmonize the four different legislations for the disabled. "In retrospect, the 1995 legislation was a good beginning, but it was based on a charitable model. It did not cover a lot of disabilities. This Bill is rights based and there is a particular focus on people with psycho-social disability," said Javed Abidi, convener, DRG.
The bill recognizes autism as a unique disability for the first time. "My 22-year-old daughter will have an identity that she's autistic. Her disability card reads 'mental retardation'," said Shika Kaushik, a parent, who took part in the protest on Elliot's Beach.
There are no statistics in India on the number of autism cases as it comes under mental retardation so far. "With the provision of increased reservation in the bill, those with development disorders too will be in the picture apart from the physically challenged and visually impaired," said Radha Ganesan, founder director of Swabodhini, a special school.
The bill provides for an increase in government quota for jobs from 3% to 5%. It enables greater accountability in the private sector and educational institutions which have to accommodate specific needs of the disabled like ramps, wider doors and special toilets. "The new draft has strong penal provisions, if the law isn't implemented and makes the various tiers like the district, state and the centre accountable," said Muralidaran.
"This Bill has identified visual disability at a micro level. There is a clear distinction and separate quota for low vision and totally blind," said Govinda Krishnan, founder, Nethrodaya, Chennai.
The State Forum for Rights of All Women with
Disabilities in Tamil Nadu said that the bill would empower women and
children's livelihood. "We have been fighting our way through in other
public activities, but this legislation will encourage our political
participation," said the forum's secretary, T Mageswari.
There is
also a section which is unconvinced, calling it old wine in a new
bottle. "The bill doesn't ensure full legal capacity. State authorities
concerned with disability are not given full powers and penal provisions
are weak," said, Smitha Sadasivan, member, Disability Rights Alliance,
Tamil Nadu.
Source : TOI , 1st Jan 2014
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