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

SC Vashishth subhashvashishth at gmail.com
Thu Jan 6 06:55:24 EST 2011


Kanchan, plainly speaking, we need a new law that we can use in the court of
laws effectively. Sections that give you rights for each area in clear terms
no less than "shall" and with a penalty clause for the failure as I am sure
there would be many failures by the bureaucracy. The law should set detailed
procedures for each area and not just philosophy of UNCRPD. I only hoped
that Committee also had few lawyers on it with experience in disability,
though I know there is a legal consultant provided to the committee by the
Government! (Don't read that I am showing any keenness!) :-))
regards


On 6 January 2011 16:07, Pamnani <kanchanpamnani at gmail.com> wrote:

> 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
>>> Follow me on Twitter: http://twitter.com/VasuTweets
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>>
>>
>> --
>> Warm regards,
>>
>> Subhash Chandra Vashishth
>> Mobile: +91 (11) 9811125521
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>
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-- 
Warm regards,

Subhash Chandra Vashishth
Mobile: +91 (11) 9811125521
Please don't print this e-mail unless you really need to. Consider
environment!
Celebrating Louis Braille's birthday, Jan. 4th.

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