Standing for Disabled

The passing by the Rajya Sabha on Wednesday of the Right of Persons with Disabilities Bill, 2014 with amendments, though belated, is a heartening development. Petty squabbling and quibbling by the Opposition as well as the Treasury benches have reduced Parliament to a theatre. The legislation, which has been pending in the Upper House since 2014, was drafted on the basis of the recommendations of the Sudha Kaul Committee, under the Ministry of Social Justice and Empowerment.

For a change, there was bonhomie and good sense as the important Bill was passed by a voice vote. It will now go back to the Lok Sabha where its passage will, hopefully, merely be a formality. According to the 2011 Census, the number of disabled in India stands at 2.68 crore, or 2.21 per cent of the population, not inconsiderable by any standards. Defining their rights and ensuring that they are observed is the very fulcrum of a welfare-oriented society.

One of the highlights of the new bill is that it covers 19 conditions, instead of seven disabilities specified in the original 1955 Act. While that Act recognised 7 disabilities — blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation and mental illness – the 2014 Bill was expanded to cover 19 conditions – including cerebral palsy, haemophilia, multiple sclerosis, autism and thalassaemia among others.

The amended version also recognises two other disabilities resulting from acid attacks and Parkinson's Disease. Apart from listing these disabilities, the Bill has also laid down provisions to allow the Central government to notify any other condition as a disability. While the 1995 law had 3 per cent reservation for the disabled in higher education institutions and government, the 2014 Bill raised the ceiling to 5 per cent, adding 1 per cent each for mental illnesses and multiple disabilities.

One of the most significant highlights is the addition of penalty for violating the rules of the Act. While the 1995 Act itself has no penal provision which was a major lacuna in it, the 2014 Bill had made violation of any provision of the Act punishable with a jail term of up to 6 months, and / or a fine of Rs 10,000. Subsequent violations could attract a jail term of up to 2 years and / or a fine of Rs 50,000 to Rs 5 lakh.

The current amendments to the Bill, however, removed the jail term entirely, and only kept fines for breaking the law. This is retrograde and will not pose a major deterrent for wrong-doers. A re-think on this is required if the new legislation is not to end up as ineffective and farcical. In matters like this, the citizens too have a responsibility. Improving the conditions of the disabled cannot all be left to governments alone.

There needs to be greater empathy and sensitivity on the part of the people too. There are far too many instances of public apathy to the plight of the disabled for which we can hardly pass the buck.