Cabinet Approves Amendment to Rights of Persons with Disabilities Bill

Cabinet Approves Amendment to Disabilities Bill 2014

During a meeting on 6 February, 2014, the Cabinet gave its approval to a proposal submitted by the Department of Disability Affairs. The proposal involved incorporating amendments to the proposed Rights of the Persons with Disabilities Bill, 2014. These amendments were designed to improve the rights and protections afforded to disabled individuals in India. Some of the specific amendments included provisions for accessibility in public buildings, the right to education and employment, and the creation of a national fund for persons with disabilities.

• When defining a person with a disability in terms of their interaction with barriers, it refers to individuals who face physical, social, or emotional obstacles that limit their ability to fully participate in society. This can include physical barriers, such as inaccessible buildings or transportation, social barriers, such as discrimination or lack of support, and emotional barriers, such as stigma or low self-esteem. These barriers can impact a person’s ability to live independently, work, socialize, and enjoy the same rights and opportunities as those without disabilities.
• A person with high support needs can still be enabled to make independent and informed decisions. With the right support, such as accessible information and communication aids, they can gain the skills and confidence to make choices that are important to them. This can lead to greater autonomy and a sense of control over their own lives.
• The Government is set to release a notification to define low vision, which refers to a condition where a person has difficulty seeing even with the use of glasses or contact lenses. This definition will help people understand the severity of low vision and provide them with necessary support and resources to manage it.
• It is the responsibility of the appropriate Government to take necessary steps to ensure reasonable accommodation for persons with disabilities. This includes providing accessibility features such as wheelchair ramps, audio descriptions, sign language interpretation, and braille signage. These accommodations can help individuals with disabilities to fully participate in society and access important services. It is important for Governments to prioritize the needs of individuals with disabilities and make the necessary changes to ensure equal opportunities for all.
• It is a fundamental right of every person with a disability to be treated with dignity and respect. Discrimination on the grounds of disability is not only illegal but also a violation of human rights. No person with a disability should be excluded or marginalized because of their condition. Every individual deserves equal opportunities, regardless of their abilities or disabilities. Therefore, it is imperative that we create a society that is inclusive and accessible for everyone.
• Governments must take necessary measures to ensure that individuals with disabilities are granted legal capacity on par with others, across all domains of life, so that they may enjoy equal rights as any other individual under the law.
• Given the legal status of individuals with disabilities, it has become customary to implement limited guardianship in order to facilitate collaborative decision-making between the individual and their legal guardian.
• Individuals with disabilities shall be granted the privilege to contest any rulings made during the selection process of their legal guardian.
• It has been proposed that Disability Certificates should have validity across the country, meaning that individuals with disabilities would not have to go through the process of getting a new certificate if they were to move to a different state or city. This would not only save time and resources but would also ensure that people with disabilities have seamless access to disability benefits and services regardless of their location.
• In order to ensure that no child is left behind, educational institutions that are funded and recognized will have to provide inclusive education for children with disabilities. This means that schools and universities must make reasonable adjustments to their existing systems to accommodate the needs of students with disabilities. These adjustments could include changes to infrastructure, curriculum, and teaching methods, among others. By doing this, children with disabilities can access education just like their peers, and receive the support they need to succeed.
• The governments in charge are advised to establish an expert committee inclusive of individuals with disabilities. The committee shall be tasked with identifying positions within the government that are suitable for individuals with disabilities to fill.
• As part of the new policy, the review period for identified posts has been shortened from the previous five-year timeframe to a more accelerated three-year timeframe. This change is intended to ensure that any issues or concerns related to these posts can be identified and addressed in a timely manner, with the goal of improving overall efficiency and effectiveness. By reducing the review period, there will be more frequent opportunities to assess the performance and effectiveness of these positions, helping to ensure that they are meeting the needs of the organization and its stakeholders.
• Within the organization, there will be a reservation of 5% of vacancies exclusively for individuals with disabilities. This number will be calculated against the total number of vacancies available in the cadre strength, ensuring that individuals with disabilities have an equal opportunity to apply for job positions. This measure is aimed at promoting inclusivity and diversity in the workplace, allowing individuals with disabilities to contribute to the organization and the community as a whole.
• It has been established that both the National Commission and State Commission possess the authority to exclude any position within an organization from being subject to the requirement of reserving spots for individuals with disabilities.
• The Governments in question should consider granting an extension on the maximum age limit for hiring individuals with disabilities, as a means of providing them with wider employment opportunities within the Government sector.
• The important task of creating and implementing rules and guidelines falls under the responsibility of the National Commission. This prestigious organization has been entrusted with the duty of designing policies that will ensure the safety and well-being of citizens while maintaining order in society. The commission’s work requires a great deal of expertise, careful deliberation, and an unwavering dedication to serving the public interest.