Disability Bill: A look at the key amendments

By Megha Reddy

Rajya Sabha last week passed a new bill that will empower the 2.68-crore differently-abled in India. The bill that comes with 119 amendments will, once cleared by Lok Sabha, will replace the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The bill complies with the UN Convention on Rights of Persons with Disabilities 2007 to which India is a signatory. ET takes a look at the key amendments.

The new piece of legislation will replace the persons with disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act of 1995 Vintage.

15% of world’s population is affected by one disability or another, says World Bank.

THE TWEAKS:

The disabilities covered

The 2016 amendment has removed deaf blindness from the disabilities list but added dwarfism, acid attack victims, parkinson’s disease and hearing impairment (deaf and hard of hearing)

The Guardianship Clause

If a district court finds that a ‘person with disability’ is not capable of taking care of himself/herself or of taking legally-binding decisions, it may order guardianship to a person

The Reservation Aspect

At least 4% vacancies are to be filled by persons with at least 40% of any of the disabilities specified earlier in government and private establishments

The Establishment Factor

> Private establishments are companies, associations and unions

> A public building is a government or private building used or accessed by public for educational, commercial and cultural purposes.

> Public facilities and services include all forms of delivery of services to the public including housing, employment and medical services.

The Legal Capacity

The government shall ensure that the disabled enjoy ‘legal capacity’ and equal recognition on all aspects of life, in addition to property and financial affairs.

The Access

>The disabled should be given barrier-free access to government & private hospitals and other healthcare institutions

The Training

> Include the disabled in mainstream formal and non-formal vocational and skill training

> Provide them adequate support to get specific training

> Help market products made by persons with disabilities

The Disabled Child

...shall have equal rights to freely express their views on matters affecting them appropriate support as per their age and disability.

The Penalty

The new bill has removed imprisonment as a penalty