As you aware, the Rights of Persons with Disabilities Act, 2016 has been enacted on 28th December, 2016.
The Central Government has the power to frame the rules under section 100 and State Government has the power to make rules under section 101. The Central Government is in the process of formulating rules under the said Act. The Act is available on this website link at
http://disabilityaffairs.gov.in/upload/uploadfiles/files/RPWD%20ACT%202016.pdf
Members of the public are requested to forward their suggestions / inputs, if any for formulating Rules, by e-mail to kvs.rao13@nic.in
Downloads :
20170106 RPWD Rules Notice.pdf(128KB, PDF).
Website- RPwD Act-2016(50KB, PDF).
RPWD ACT 2016(1MB, PDF).
ref:
F. No 16-17/2016-DD-III (Pt)
Government of India Ministry of Social Justice and Empowerment
Department for Empowerment of Persons with Disabilities
webiste : http://www.disabilityaffairs.gov.in/content/viewpage/suggestions-from-public-for-formulation-of-rules-under-the-rpwds-act–2016.php
Representation of Parents of Children and Individuals with Intellectual Disabilities has been neglected throughout the Act , which is dangerously serious omission as far as IDDes are concerned, especially, those who cannot fight for their rights or express their needs.
Disability Certification Has a huge problem because the yardstick used to measure all disability is same, 0-100, a Completely blind person will get 100% Disability and same is true for a Deaf n Dumb or Locomotive disorder person, whereas in majority of cases with Intellectual disorder are rated from any where between 45% to 90% when actually speaking the degree of DIS- ABILITY is far greater in case of those suffering from many learning and communication disabilities such as AUTISM, Mental Retardation and Down Syndrome etc…therefore my suggestion to simplify this would be…………
to have Two different colors of DISABILITY certificate in the first Step, for Example, All Physical Disability BLUE COLORED Certificate Book and all Intellectual Disability into RED COLORED DISABILITY CERTIFICATE BOOK. This will not only simplify the categorization of the disability but also help in job reservation Bands.
Further to that, the specification of Disability percentage need be subjected to clinical assessment and should be put into right perspective if real justice is targeted at by the government.
Article 34- Every appropriate Government shall appoint in every Government establishment, not less than four per cent. of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent. each shall be reserved for persons with benchmark disabilities under clauses (a), (b)
and (c) and one per cent. for persons with benchmark disabilities under clauses (d) and (e),
namely:—
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid
attack victims and muscular dystrophy;
(d) autism, intellectual disability, specific learning disability and mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including
deaf-blindness in the posts identified for each disabilities:
Provided that the reservation in promotion shall be in accordance with such instructions
as are issued by the appropriate Government from time to time:
Provided further that the appropriate Government, in consultation with the Chief
Commissioner or the State Commissioner, as the case may be, may, having regard to the type
of work carried out in any Government establishment, by notification and subject to such
conditions, if any, as may be specified in such notifications exempt any Government
establishment from the provisions of this section.
(2) Where in any recruitment year any vacancy cannot be filled up due to nonavailability
of a suitable person with benchmark disability or for any other sufficient reasons,
such vacancy shall be carried forward in the succeeding recruitment year and if in the
succeeding recruitment year also suitable person with benchmark disability is not available,
it may first be filled by interchange among the five categories and only when there is no
person with disability available for the post in that year, the employer shall fill up the vacancy
by appointment of a person, other than a person with disability:
Critique 1- It is fair to allocate 1% band to each of the PHYSICAL Disability which is clubbed in a, b and c, but is it fair to allocate ONLY 1% band to all Intellectual Disability and take away anything offered by adding the next clause) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities ???????
This can easily give an easy option to exploit and deprive the small chance made available to some of the NEW Intellectual Disabilities listed for the first time, such as AUTISM.
Critique 2- Filling up these vacancies have been discussed in the next point BUT by adding avenues and loop holes “(the employer shall fill up the vacancy by appointment of a person, other than a person with disability:)”
by giving the employer scope to avoid filling up these vacancies in first and then second and third year and finally offering it to ANY PERSON without DISABILITY makes it as good as a normal post.
Critique 3- Clubbing Mental Illness with Intellectual disability is not right as a BAND because Mentally illness is not present in many cases throughout the life where as Intellectual Developmental Disorders in pervasive and affects all areas of Daily Living, including legal capacity, therefore, such persons cannot compete with MI. In most of the situations these jobs would remain far from the reach of persons with IDD such as AUTISM, Down syndrome, other Learning and Disabled.
Suggestions- If the vacancy cannot be filled up by the Disability listed in the band vacant post should not go to General persons but be offered to ONLY a support carer or a family member of an individual from the said disability in the band. So that this person will be responsible for care and well being of a High Support Needs Person in the sub clause d.
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Ramakrishnanannuri@amail
Rpwdgovernance