Time constraint
The committee’s mandate to the consultant was to put together a piece of comprehensive legislation coving all laws for persons with disabilities. But the draft, in its concluding remarks, says the “issue of induction of the National Trust and the Rehabilitation Council as separate chapters could not be attempted, primarily because there was no time left to undertake a coherent and systematic exercise. It may also be noted that as the length of the statute expanded, we felt a constraint of space in even incorporating all the provisions of power and accountability in the chapter on the Disability Rights Authority.”
The draft says all significant authorities in the country had dedicated legislation around them, and in this matter the committee would need to consider whether it wished to suggest the creation of one Disability Law Code, and within it have legislation on Disability Rights, the Disability Authority, the National Trust and the Rehabilitation Council. “Or whether it would also wish to induct the National Trust and the Rehabilitation Council into this legislation?” The proposed law suggests setting up of a Disability Rights Authority as a statutory body which will also function as a regulator.
Four laws
There are four laws that impact the lives of the disabled: The Persons with the Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, the National Trust Act, the Rehabilitation Council of India Act and the Mental Health Act.
“It [new draft] is a bad piece of work. We do not want to repeat the historical mistakes and want all the rights of all the disabled incorporated into a comprehensive Act. We cannot have five separate laws and a toothless implementing authority. That way, we will be in a situation worse than what we are today,” Mr. Abidi said.
The committee was set up in May this year and, after two extensions, will submit its final draft on December 31. It is expected to hold discussions with civil society groups here on December 8 and 9 and then travel across the country.
Meanwhile, the NCPEDP will organise functions, including a major rally here on December 3 to mark the World Disability Day where issues of the new draft would be raised.