Tag Archives: Disabilities Bill 2014

The Double Cruelty of the Rights of Persons With Disabilities bill: Rijul Kochhar

Guest Post by Rijul Kochhar

In the lives of the disabled, the disability certificate is a commanding entity. It is the artefact of government and the state that interprets the myriad experiences of persons dealing with disabilities, translating and transforming those experiences into a public fact. Thus, the disability certificate offers a particular form and definition of disability, with its attendant mathematical percentage, supplanting the shards of experience with bureaucratic rationality and certitude. This transformation of messy lived experience into mathematical and medical certainty, at once, also affects that larger lived experience of lives lived with a disability[1].

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A Critique of The Draft Rights of Persons with Disabilities Bill, 2014: Amba Salelkar

Guest post by  Amba Salelkar, Inclusive Planet Centre for Disability Law and Policy 

The Rights of Persons with Disabilities Bill was meant to be an enactment to codify India’s obligations under the UNCRPD, which it ratified without reservations. There was a Committee set up in 2009 by the Ministry of Social Justice and Empowerment, headed by Smt. Sudha Kaul, to draft a Bill to this effect. Like the UNCRPD says, the Committee included different people with disabilities – across disabilities – to draft this Bill. The Draft Bill of 2011 was submitted to the Ministry, and in response to that or otherwise, the Ministry released a Draft Bill in 2012, which are both on the Ministry’s website.

The Draft Bill of 2012 is not as comprehensive and inclusive as the 2011 one, and there were certain serious issues raised before the Ministry on the notification of the 2012 Draft. Thereafter the Draft, apparently still in its 2012 format, went to the various Cabinet Minstries, and then circulated among States. Some version of this Bill was cleared by Cabinet in December 2013. Thereafter, organizations of persons with disabilities, confident that the 2012 Draft was intact, began protests for the speedy introduction and passage of the Bill. I do not know why they did not believe that there had been changes made, but I assume it was in good faith. These protests were largely led by groups in Delhi who had better access to information. Some pockets of regional groups were demanding for information on the contents of the Bill. They remained unanswered. Meenakshi B of the Disability Rights Alliance, Tamil Nadu, followed up with the Ministries and the general passage of the Bill, and she was told that the Bill was ‘top secret’. Vaishnavi J, one of the founders of The Banyan, also received similar cryptic feedback.

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