[AI] New draft bill for the disabled in rough waters

Asudani, Rajesh rajeshasudani at rbi.org.in
Thu Jan 6 05:06:35 EST 2011


Well, then law ministry should come forth and press for a comprehensive disability statute.
This committee is of course mandated to draft disability law replacing PWD and in line with UNCRPD.
The mandate has to be widened if we are to have  a comprehensive law.
Personally, I think laws for sensory/physical disability on one hand and mental disabilities on the other should be separate.


-----Original Message-----
From: accessindia-bounces at accessindia.org.in [mailto:accessindia-bounces at accessindia.org.in] On Behalf Of SC Vashishth
Sent: Thursday, January 06, 2011 12:02 PM
To: accessindia at accessindia.org.in
Subject: Re: [AI] New draft bill for the disabled in rough waters

Dear Harish,

The issue is being confused. While the Committee's mandate is to suggest a
 comprehensive disabilities Act which will replace the existing PWD
Act-1995, it no where implies that it calls for repealing the other existing
Acts on Disabilities such as National Trust Act, RCI Act or Mental Health
Act.

That is why similar processes have begun in Ministry of Health and National
Trust to align their laws with the UN Convention on Rights of Persons with
Disabilities too. Issues is further being complicating as all other
disabilities are governed under MSJ&E while Mental Health Act is under
Ministry of Health and no one wants to let go their areas of work in the
name of comprehensiveness.--the result, the issue is being delayed.


On 6 January 2011 11:16, Srinivasu Chakravarthula
<srinivasu at srinivasu.org>wrote:

> Agree with Harish.
>
> On Thu, Jan 6, 2011 at 10:53 AM, Kotian, H P <hpkotian at rbi.org.in> wrote:
>
> > Hello All
> >
> > Members are kept up to date regarding developments on the committee set
> to
> > crystallise the draft legislation for the disabled by postings in the
> list
> > by members time to time.
> >
> > There is presently a crises with many members resigning and more planning
> > to follow suit. This is a matter of deep concern as this is going to
> result
> > in more delays.
> >
> > It is imperative we do our bit by putting forth our views clearly
> >
> > 1 There is a move of "Disability Code" which will have multiple laws vs
> > single comprehensive law.
> > In my opinion, we should insist on single comprehensive law. We are aware
> > of the practical problems in the present regime and the new law should
> not
> > again carry the dead weight.
> > 2. The law should be comprehensive in substance. Meaning, that even the
> > chapters which are covered should be properly covered.
> > 3 The committee members should necessarily take advantage of technology
> and
> > listen to the voice and suggestion offered by civil society.
> > 4 The committee chairperson should be suggested to offer a statement
> > regarding the time-table of events regarding the functioning of the
> > committee, target dates for all the draft chapters, regional and national
> > consultation etc.
> >  Any other suggestions, comments welcome.
> > Harish Kotian
> > Moderator
> > AccessIndia.
> >
> >
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--
Warm regards,

Subhash Chandra Vashishth
Mobile: +91 (11) 9811125521
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