Government Plan Programme Policies for UPSC Exam
:: Disability Bill ::
The Lok Sabha passed "The Rights of Persons with Disabilities Bill - 2016".
The Bill will replace the existing PwD Act, 1995, which was enacted 21 years
The salient features of the Bill are:
A. Disability has been defined based on an evolving and dynamic concept.
B. The types of disabilities have been increased from existing 7 to 21 and
the Central Government will have the power to add more types of disabilities.
The 21 disabilities are given below:-
3. Leprosy Cured persons
4. Hearing Impairment (deaf and hard of hearing)
5. Locomotor Disability
7. Intellectual Disability
8. Mental Illness
9. Autism Spectrum Disorder
10. Cerebral Palsy
11. Muscular Dystrophy
12. Chronic Neurological conditions
13. Specific Learning Disabilities
14. Multiple Sclerosis
15. Speech and Language disability
18. Sickle Cell disease
19. Multiple Disabilities including deafblindness
20. Acid Attack victim
21. Parkinson's disease
Speech and Language Disability and Specific Learning
Disability have been added for the first time. Acid Attack Victims have been
included. Dwarfism, muscular dystrophy have has been indicated as separate class
of specified disability. The New categories of disabilities also included three
blood disorders, Thalassemia, Hemophilia and Sickle Cell disease. In addition,
the Government has been authorized to notify any other category of specified
Responsibility has been cast upon the appropriate governments
to take effective measures to ensure that the persons with disabilities enjoy
their rights equally with others. Additional benefits such as reservation in
higher education, government jobs, reservation in allocation of land, poverty
alleviation schemes etc. have been provided for persons with benchmark
disabilities and those with high support needs.
Every child with benchmark disability between the age group
of 6 and 18 years shall have the right to free education. Government funded
educational institutions as well as the government recognized institutions will
have to provide inclusive education to the children with disabilities. For
strengthening the Prime Minister's Accessible India Campaign, stress has been
given to ensure accessibility in public buildings (both Government and private)
in a prescribed time-frame. Reservation in vacancies in government
establishments has been increased from 3% to 4% for certain persons or class of
persons with benchmark disability.
The Bill provides for grant of guardianship by District Court
under which there will be joint decision – making between the guardian and the
persons with disabilities. Broad based Central & State Advisory Boards on
Disability are to be set up to serve as apex policy making bodies at the Central
and State level. Office of Chief Commissioner of Persons with Disabilities has
been strengthened who will now be assisted by 2 Commissioners and an Advisory
Committee comprising of not more than 11 members drawn from experts in various
disabilities. Similarly, the office of State Commissioners of Disabilities has
been strengthened who will be assisted by an Advisory Committee comprising of
not more than 5 members drawn from experts in various disabilities.
The Chief Commissioner for Persons with Disabilities and the
State Commissioners will act as regulatory bodies and Grievance Redressal
agencies and also monitor implementation of the Act. District level committees
will be constituted by the State Governments to address local concerns of PwDs.
Details of their constitution and the functions of such committees would be
prescribed by the State Governments in the rules.
Creation of National and State Fund will be created to
provide financial support to the persons with disabilities. The existing
National Fund for Persons with Disabilities and the Trust Fund for Empowerment
of Persons with Disabilities will be subsumed with the National Fund.
The Bill provides for penalties for offences committed
against persons with disabilities and also violation of the provisions of the
new law. Special Courts will be designated in each district to handle cases
concerning violation of rights of PwDs. The New Act will bring our law in line
with the United National Convention on the Rights of Persons with Disabilities (UNCRPD),
to which India is a signatory.