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

Pamnani kanchanpamnani at gmail.com
Thu Jan 6 05:37:35 EST 2011


I am not getting into the controversy but only hoping that the word 
"comprehensive" does not mean only in the letter as the current committee is 
taking it but there is a spirit when we talk of comprehensive and thats what 
we got to have in a new law.
If we have rights and according to Rajesh these rights have been diluted 
into privileges then we definitely have lost something rather than gained 
from this new law. Also if we want training and facilities under this new 
law and that the authority to ensure such training is in another law then I 
am sorry there is no comprehensiveness.
Whats the point in replacing only the PWD act unless you allow the committee 
to think dynamically and add to the new law from wherever and everywhere 
possible.

Lets see what this committee has decided on 2nd January.
Id like to end by just saying that it is easier for me to tell the courts 
that we have an old law which is half baked and the judge must use UNCRPD to 
decide instead of trying to get an order when the new law is enacted and 
that law is inadequate. The judge is going to then tell me that what I want 
cannot be granted because it is not there in the law. I cannot then go to 
the UNCRPD or the Indian Consitution for refuge.

I am dreading that day in court which the hon'ble Committee members wont 
have to face.
Kanchan Pamnani
Advocate & Solicitor
9, Suleman Chambers,
Battery Street, Colaba,
Mumbai - 400 039.



----- Original Message ----- 
From: "Asudani, Rajesh" <rajeshasudani at rbi.org.in>
To: <accessindia at accessindia.org.in>
Sent: Thursday, January 06, 2011 3:36 PM
Subject: Re: [AI] New draft bill for the disabled in rough waters


> 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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>> --
>> Best regards,
>>
>> Srinivasu Chakravarthula
>> Mobile: +91 990 081 0881
>> Website: http://www.srinivasu.org | http://www.learnaccessibility.org
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>
>
>
> --
> Warm regards,
>
> Subhash Chandra Vashishth
> Mobile: +91 (11) 9811125521
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