Voice of SAP’s Recommendations for Amendments to RPWD 2014 Bill

Voice of SAP’s Recommendations for Amendments to RPWD 2014 Bill

आदानस्य प्रदानस्य कर्तव्यस्य च कर्मण: |
क्षिप्रम् अक्रियमाणस्य काल: पिबति तद्रसम् ||

 

If you don’t do your ‘karma’ (duties) at proper time then the sweetness of your work’s result is lost. ‘kaal’ (Time) will drink that sweetness!! But our highly active, Founder of Voice of SAP, Shri Pranavbhai Desai’s timely participation in the process of finalization of The RPWD Bill – 2014 is expected to bring sweet results.

During 5th April, 2015 to 13th April, 2015 Shri Pranavbhai Desai visited Bharat for the ongoing advocacy efforts for “Empowerment of Specially Abled People”. The Rights of Persons With Disabilities Bill is very crucial for the real  “Empowerment of Specially Abled People”. Shri Pranavbhai Desai had highly important meetings in the parliament, with various ministers and especially with the Parliament’s Standing Committee for RPWD Bill’s Director, In Charge of finalizing the amendments to the bill. Pranavbhai submitted the Amendments to the officer and the officer has acknowledged them, and has given assurance of including maximum amendments in the bill.

Voice of SAP’s Recommendations for Amendments  to RPWD 2014 Bill:

1. Benchmark disability should ideally be at 10% or 20% but 40% is too high and benefits may not reach to larger population if benchmark disability remains at 40%
2. Mandatory registration – issue of certificate of disability to each PwD should be made “mandatory” and law should have that provision, responsibility with collector of district – put a timeline of 2 years
3. States must implement provisions of law and remove “economic capacity” clause
4. Similarly clauses 44 and 45 wherein state can be given extension on case by case basis for upgrading their building infrastructure for accessibility, should be removed
5. Special Employment Exchange not required. Upgrade the existing employment exchange so they are inclusive, functional, helpful and logistically easy for PwD to use their services
6. Widen employer obligation/responsibility to fill out reserved positions by providing On the Job Training etc. Those positions can’t be filled by non-disabled person even after 3 years
7. Insurance – make it mandatory to cover pre-existing conditions, put a cap of premium and can’t be open ended for healthcare related insurance. For life insurance, disallow discrimination due to disability. Except for certain severe conditions, provide it at same premium like others
8. Govt. job reservation should be for all classes – A, B, C, D – permanent, temporary, contract, deputation – all jobs plus promotions. Language should say “appoint” instead “reserve”
9. Home school, e-learning should be accredited by UGC, NCERT etc. authorities and be allowed as an option for education, provided they meet certain guidelines and have severe disability
10. New mass transit vehicles (buses) must be made per accessibility standards
11. Representation of PwD (with different types of disabilities) in all the committees, boards
12. Penalties should include following amounts for establishments in violating the law
a. Discrimination in Employment – 3 times annual salary of the PwD, fine of Rs 10 lacs
b. Discrimination in school – If 5 complaints in 3 years, revoke the license of the school/academic establishment
c. Non-compliance to building, vehicle accessibility – 1% of cost of building or vehicle
2 Questions:
1. Timeline is missing for formation of National Commission, State Commission, Advisory Boards, Nation Funds, Special Courts at district level, accessible transportation etc. – Any reason?
2. Any reason why universal accessibility standards have to wait till formation of National Commission? Can it not be passed as notification under current law instead wait for new law, commission and then 5 years timeline to establishments?

New Suggestions:
1. Introduce Disability Insurance in payroll deductions to create fund to support disability related costs/programs, primarily for acquired disability, which is growing rapidly
2. National Fund should be funded with 1% of central Govt. budget

न तु अहं कामये राज्यं न स्वर्गं न अपुनर्भवम् |
कामये दु:खतप्तानां प्राणिनाम् आर्तिनाशनम् ||

” I do not desire kingdom, nor the heaven or even liberation (‘moksha’). I have only one desire and that is to remove the misery of all the living beings who are suffering.” The suffering of SAPs should end, will end with the remarkable collective efforts of Voice of SAP volunteers around the globe, founded by Shri Pranavbhai Desai and the visionary Government of India, led by Honourable PM Shri Narendrabhai Modi.