What the People Say
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| New Disability Law.. To be or not to be!!! |
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| Thursday, 14 January 2010 00:00 |
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ALL EYES ARE NOW ON THE MINISTRY WITH THE SPECTRE OF AMENDMENTS LOOMING LARGE ON THE RUMOUR MILL. The
whole disability sector is governed or at least has been dependent on
one major disability law and 3 rather auxiliary laws over the past 15
years or more. The major discussion on amendments has been around for a
coons age but has really gotten no where with successive ministers
hassling with it and creating a lot of heat without much light and then
shelving the whole project as the political realities of their office
manifest themselves. The sheer volume of work with SC/STs and
minorities and general activity which replaces any accomplishments has
them hogtied it would appear. witness that the PWD Act was passed in
1996 and they had to take 4-5 years before a commissioner was
appointed, before a committee was appointed, before a committee met at
all, and in fact the committee msgs are haphazard, erratic and
inconsequential for the most part as far as any real benefit on the
ground for deaf people at least. if others are benefiting I am
thrilled. good show! The discussion on
amendments post election has been a standard practice and this time
since here was apparently a body of work already postponed by previous
Govts, this Govt. too has jumped on the amendments band wagon. A
meeting of Disabled Rights Group in Delhi was convened to look at
amendments as well, so we could give some serious inputs and harmonize
with the UNCRPD. It became apparent to us soon enough that the amended
law would look nothing like the old one and the need for amendments was
really the need for a fresh draft of the law.... in effect a new law.
This was communicated to the minister in spades by a friend of mine,
Javed Abidi, at a personal one on one with the Minister. Appropriate,
sympathetic noises were made and it appeared that he too was in favor
of the amendments and we all breathed a sigh of relief. Few weeks later
he announces that he has resolved to go ahead with amendments at the
meeting of all Social Welfare ministers from the states. The disability
sector responded with a National Consultation on the feasibility of
amendments and the proposal of a new Act PWD Act 2010. This was hailed
as a great step forward by one and all and the support for the new law
was virtually unanimous. Even the idea of an omnibus legislation for
all disabilities was mooted and discussed at length. Though more
discussion on this was needed, the need of fresh legislation was 100%
through with everyone. Human Rights Law
Network and The Deaf Way Foundation and National Association of the
Deaf have been working on a similar project harmonizing Indian laws
with the UNCRPD. Not just the disability laws but also the various
other laws that are limiting and /or discriminatory. that exercise
began in September with identifying resource persons and disability
specific groups for the discussions. Subsequent
to the decision by the disabled people orgs at the National
Consultation there has been a certain amount of conjecture ranging from
curiosity to suspicion to acrimony. This has been directed to me
personally though never in person, and to the "sinister means" and end
result of our work. I reserve my opinion on the persons who have shared
these views. However, primarily this consternation is with regard to
where we as a coalition will come out for the new law and our report at
the end of the activity will reflect the need and the desire and the
disabled people organizations decision to go for a new law. This is
perhaps excusable as being natural and such a concern would perhaps be
valid considering how important it is for the disability sector to show
a united front to the Govt and, regardless of other differences of
opinion or method, still rally behind and single common aim. At the
same time, as old acquaintances and colleagues, if not friends, a
simple sms would have resolved a lot of this unnecessary concern. Previous
blogs of mine on the issue of the NEW ACT - OLD ACT would have put to
rest a lot of people's concerns. As it happens the 5 disability
discussions are in and all of them by and large have recommended a new
Act for disabled persons. The last act in the drama is yet to come and
this is a National Consultation on the 6th and 7th of February where
the final presentations are being made public for debate and finalizing. Certainly there may be some one who feels differently about
something but that cannot in a democratic process affect the decision
of a vast majority. My own personal and
official and public view has been that self determination is the right
way to proceed and the deaf have decided to support the NEW ACT. The
Deaf Way is bound to that decision and nothing that we will do can
negate that decision by the larger deaf community. I do hope that this puts to rest any lingering doubts and I welcome any questions people may have.
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