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  • Cabinet Approves Proposal To Make Important Changes in The Rights of Persons With Disabilities Bill, 2014 During Ongoing Winter Session of Parliament

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    Disability Rights Alliance
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    This is Google's cache of http://pib.nic.in/newsite/PrintRelease.aspx?relid=154668. It is a snapshot of the page as it appeared on 30 Nov 2016 14:08:55 GMT. The current page could have changed in the meantime. Press Information Bureau Government of India Ministry of Social Justice & Empowerment 30-November-2016 19:38 IST Cabinet Approves Proposal to Make Important Changes in The Rights of Persons With Disabilities Bill, 2014 During Ongoing Winter Session Of Parliament The Cabinet approved the proposal of the Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice and Empowerment to make important changes in the Rights of Persons with Disabilities Bill, 2014 during the ongoing winter Session of Parliament. The new Bill with amendments proposes to repeal the existing Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995. India signed the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and subsequently ratified the same on 1st October, 2007. The Convention came into effect on 3rd May 2008. Being a signatory to the Convention, India has an international obligation to comply with the provisions of the Convention. Keeping in view the fact that the existing Act of 1995 is not fully in conformity with the UNCRPD, a need has been felt to have a rights-based legislation with a strong institutional mechanism. The Bill had been mooted by the Ministry of Social Justice and Empowerment after extensive consultation with various stakeholders, State Governments/UTs and concerned Central Ministries and Departments. Now after another round of consultations and inputs from the Standing Committee of Parliament, Amendments have been proposed. This shall ensure enjoyment of rights by the Persons with Disabilities. As a result, now the salient features of the proposed Bill with amendments are: i. 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. ii. Disability has been defined based on an evolving and dynamic concept. iii. 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:- 1. Blindness 2. Low-vision 3. Leprosy Cured persons 4. Hearing Impairment (deaf and hard of hearing) 5. Locomotor Disability 6. Dwarfism 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 16. Thalassemia 17. Hemophilia 18. Sickle Cell disease 19. Multiple Disabilities 20. Acid Attack victim 21. Parkinson's disease iv. Hence, Speech and Language Disability and Specific Learning Disability have been added for the first time. Acid Attack Victims have been included. New categories within three blood disorders, Thalassemia, Hemophilia and Sickle Cell disease have been added. v. Additional benefits have been provided for persons with benchmark disabilities and those with high support needs. vi. Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education. vii. For strengthening the Prime Minister's Accessible India Campaign, stress on ensuring accessi

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    Cabinet Approves Proposal to Make Important Changes in the Rights of Persons With Disabilities Bill, 2014 During Ongoing Winter Session of Parliament

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    This is Google's cache of http://pib.nic.in/newsite/PrintRelease.aspx?relid=154668. It is a snapshot of the page as it appeared on 30 Nov 2016 14:08:55 GMT. The current page could have changed in the meantime. Press Information Bureau Government of India Ministry of Social Justice & Empowerment 30-November-2016 19:38 IST Cabinet Approves Proposal to Make Important Changes in The Rights of Persons With Disabilities Bill, 2014 During Ongoing Winter Session Of Parliament The Cabinet approved the proposal of the Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice and Empowerment to make important changes in the Rights of Persons with Disabilities Bill, 2014 during the ongoing winter Session of Parliament. The new Bill with amendments proposes to repeal the existing Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995. India signed the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and subsequently ratified the same on 1st October, 2007. The Convention came into effect on 3rd May 2008. Being a signatory to the Convention, India has an international obligation to comply with the provisions of the Convention. Keeping in view the fact that the existing Act of 1995 is not fully in conformity with the UNCRPD, a need has been felt to have a rights-based legislation with a strong institutional mechanism. The Bill had been mooted by the Ministry of Social Justice and Empowerment after extensive consultation with various stakeholders, State Governments/UTs and concerned Central Ministries and Departments. Now after another round of consultations and inputs from the Standing Committee of Parliament, Amendments have been proposed. This shall ensure enjoyment of rights by the Persons with Disabilities. As a result, now the salient features of the proposed Bill with amendments are: i. 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. ii. Disability has been defined based on an evolving and dynamic concept. iii. 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:- 1. Blindness 2. Low-vision 3. Leprosy Cured persons 4. Hearing Impairment (deaf and hard of hearing) 5. Locomotor Disability 6. Dwarfism 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 16. Thalassemia 17. Hemophilia 18. Sickle Cell disease 19. Multiple Disabilities 20. Acid Attack victim 21. Parkinson's disease iv. Hence, Speech and Language Disability and Specific Learning Disability have been added for the first time. Acid Attack Victims have been included. New categories within three blood disorders, Thalassemia, Hemophilia and Sickle Cell disease have been added. v. Additional benefits have been provided for persons with benchmark disabilities and those with high support needs. vi. Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education. vii. For strengthening the Prime Minister's Accessible India Campaign, stress on ensuring accessi

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    41 Ansichten2 Seiten

    Cabinet Approves Proposal To Make Important Changes in The Rights of Persons With Disabilities Bill, 2014 During Ongoing Winter Session of Parliament

    Hochgeladen von

    Disability Rights Alliance
    This is Google's cache of http://pib.nic.in/newsite/PrintRelease.aspx?relid=154668. It is a snapshot of the page as it appeared on 30 Nov 2016 14:08:55 GMT. The current page could have changed in the meantime. Press Information Bureau Government of India Ministry of Social Justice & Empowerment 30-November-2016 19:38 IST Cabinet Approves Proposal to Make Important Changes in The Rights of Persons With Disabilities Bill, 2014 During Ongoing Winter Session Of Parliament The Cabinet approved the proposal of the Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice and Empowerment to make important changes in the Rights of Persons with Disabilities Bill, 2014 during the ongoing winter Session of Parliament. The new Bill with amendments proposes to repeal the existing Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995. India signed the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and subsequently ratified the same on 1st October, 2007. The Convention came into effect on 3rd May 2008. Being a signatory to the Convention, India has an international obligation to comply with the provisions of the Convention. Keeping in view the fact that the existing Act of 1995 is not fully in conformity with the UNCRPD, a need has been felt to have a rights-based legislation with a strong institutional mechanism. The Bill had been mooted by the Ministry of Social Justice and Empowerment after extensive consultation with various stakeholders, State Governments/UTs and concerned Central Ministries and Departments. Now after another round of consultations and inputs from the Standing Committee of Parliament, Amendments have been proposed. This shall ensure enjoyment of rights by the Persons with Disabilities. As a result, now the salient features of the proposed Bill with amendments are: i. 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. ii. Disability has been defined based on an evolving and dynamic concept. iii. 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:- 1. Blindness 2. Low-vision 3. Leprosy Cured persons 4. Hearing Impairment (deaf and hard of hearing) 5. Locomotor Disability 6. Dwarfism 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 16. Thalassemia 17. Hemophilia 18. Sickle Cell disease 19. Multiple Disabilities 20. Acid Attack victim 21. Parkinson's disease iv. Hence, Speech and Language Disability and Specific Learning Disability have been added for the first time. Acid Attack Victims have been included. New categories within three blood disorders, Thalassemia, Hemophilia and Sickle Cell disease have been added. v. Additional benefits have been provided for persons with benchmark disabilities and those with high support needs. vi. Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education. vii. For strengthening the Prime Minister's Accessible India Campaign, stress on ensuring accessi

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    PressInformationBureau
    GovernmentofIndia
    MinistryofSocialJustice&Empowerment
    30November201619:38IST

    CabinetApprovesProposaltoMakeImportantChangesinTheRightsofPersonsWith
    DisabilitiesBill,2014DuringOngoingWinterSessionOfParliament
    TheCabinetapprovedtheproposaloftheDepartmentofEmpowermentofPersonswithDisabilities(Divyangjan),Ministryof
    SocialJusticeandEmpowermenttomakeimportantchangesintheRightsofPersonswithDisabilitiesBill,2014duringthe
    ongoingwinterSessionofParliament.ThenewBillwithamendmentsproposestorepealtheexistingPersonswithDisabilities
    (Equalopportunities,ProtectionofRightsandFullParticipation)Act,1995.

    IndiasignedtheUnitedNationsConventionontheRightsofPersonswithDisabilities(UNCRPD)andsubsequentlyratifiedthe
    sameon1stOctober,2007.TheConventioncameintoeffecton3rdMay2008.BeingasignatorytotheConvention,Indiahas
    aninternationalobligationtocomplywiththeprovisionsoftheConvention.

    KeepinginviewthefactthattheexistingActof1995isnotfullyinconformitywiththeUNCRPD,aneedhasbeenfelttohave
    arightsbasedlegislationwithastronginstitutionalmechanism.TheBillhadbeenmootedbytheMinistryofSocialJusticeand
    Empowermentafterextensiveconsultationwithvariousstakeholders,StateGovernments/UTsandconcernedCentralMinistries
    and Departments. Now after another round of consultations and inputs from the Standing Committee of Parliament,
    Amendmentshavebeenproposed.ThisshallensureenjoymentofrightsbythePersonswithDisabilities.
    Asaresult,nowthesalientfeaturesoftheproposedBillwithamendmentsare:
    i. Responsibilityhasbeencastupontheappropriategovernmentstotakeeffectivemeasurestoensurethatthepersonswith
    disabilitiesenjoytheirrightsequallywithothers.

    ii.Disabilityhasbeendefinedbasedonanevolvinganddynamicconcept.

    iii.Thetypesofdisabilitieshavebeenincreasedfromexisting7to21andtheCentralGovernmentwillhavethepowerto
    addmoretypesofdisabilities.The21disabilitiesaregivenbelow:
    1.Blindness
    2.Lowvision
    3.LeprosyCuredpersons
    4.HearingImpairment(deafandhardofhearing)
    5.LocomotorDisability
    6.Dwarfism
    7.IntellectualDisability
    8.MentalIllness
    9.AutismSpectrumDisorder
    10.CerebralPalsy
    11.MuscularDystrophy
    12.ChronicNeurologicalconditions
    13.SpecificLearningDisabilities

    14.MultipleSclerosis
    15.SpeechandLanguagedisability
    16.Thalassemia
    17.Hemophilia
    18.SickleCelldisease
    19.MultipleDisabilities
    20.AcidAttackvictim
    21.Parkinson'sdisease
    iv.Hence,SpeechandLanguageDisabilityandSpecificLearningDisabilityhavebeenaddedforthefirsttime.AcidAttack
    Victimshavebeenincluded.Newcategorieswithinthreeblooddisorders,Thalassemia,HemophiliaandSickleCell
    diseasehavebeenadded.

    v.Additionalbenefitshavebeenprovidedforpersonswithbenchmarkdisabilitiesandthosewithhighsupportneeds.

    vi.Everychildwithbenchmarkdisabilitybetweentheagegroupof6and18yearsshallhavetherighttofreeeducation.

    vii.ForstrengtheningthePrimeMinister'sAccessibleIndiaCampaign,stressonensuringaccessibilityinpublicbuildings
    hastobeensuredinaprescribedtimeframe.

    viii. Increaseinreservationfrom3%to4%forstudentswithbenchmarkdisabilitiesinhighereducationalinstitutionshas
    beenproposed.

    ix. IthasbeenproposedtoIncreaseinreservationfrom3%to4%inGovernmentjobsforcertainpersonsorclassof
    personswithbenchmarkdisability.

    x.TheBillprovidesforgrantofguardianshipbyDistrictCourtunderwhichtherewillbejointdecisionmakingbetween
    theguardianandthepersonswithdisabilities.

    xi.BroadbasedCentral&StateAdvisoryBoardsonDisabilityhavebeenproposedtobesetupaspolicymakingbodies.

    xii.StrengtheningoftheOfficeofChiefCommissionerofPersonswithDisabilitiesandStateCommissionersofDisabilities
    has been proposed, which will act as regulatory bodies and Grievance Redressal agencies and also monitor
    implementationoftheAct.

    xiii.NationalFundhasbeenproposedtobecreatedtoprovidefinancialsupporttothepersonswithdisabilities.

    xiv.TheBillprovidesforpenaltiesforoffencescommittedagainstpersonswithdisabilities.

    ItisexpectedthattheproposedrightsbasedlegislationwithmoreRightsandEntitlementsandstrongmonitoringagenciesatthe
    NationalandStateLevelswillachieveempowermentandinclusionofPersonswithDisabilitiesinthesocietyinasatisfactory
    manner.

    *****
    SanjayKumar/MoSJ&E/30.11.2016

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