NEW DELHI : Chief Commissioner for Persons with Disabilities (CCPD) today opposed any move by the government to bring an ordinance to safeguard the rights of people with disabilities saying it fails on standards set by the United Nations on the issue.
“A large number of disability rights activists found the Bill to fail on the United Nations Convention on the Rights of Persons with Disabilities (CRPD) standard and consequently the chairperson of the Rajya Sabha referred the Bill to a House Committee,” said P K Pincha, CCPD, in a letter to Prime Minister Manmohan Singh.
The letter comes in the midst of reports that the government is planning to bring an ordinance even as the Rights to Persons with Disabilities Bill 2014, is pending in the Rajya Sabha which has referred it to the Standing Committee for improvement.
The Bill was introduced in January, in fulfillment of the country’s commitment to bring a law in conformity with the CRPD which India has since ratified.
Pincha said subsequently several rumours started to float that the government intends to bring the bill in the shape of an ordinance, which was problematic because disability rights is not an unoccupied legislative field.
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 already controls the area. If the bill of 2014 is promulgated as ordinance, it cannot become operable unless the Act of 1995 is repealed, said Pincha, who was the first person with disability to have been appointed as the CCPD in December 2011. He is visually disabled since birth.
“I am writing to urge your office to issue a statement that the proposed ordinance only aims to amend the Act of 1995 and not to enact the Disability Rights Bill of 2014.
“This statement from your office will restore peace and assuage the tempers of highly agitated community and also give out a clear message to the international community that India is totally sworn to its international commitments,” he said.
The Office of the Chief Commissioner for Persons with Disabilities has been mandated to take steps to safeguard the rights of persons with disabilities.
Pincha said persons with disabilities have been agitating against the ordinance across the country.
“However since no statement has been issued by the government on the substantive content of the ordinance that is to be promulgated and the enactment of bill as ordinance would cause irreparable harm to persons with disabilities.
“They have been agitating against the ordinance in the length and breadth of the country,” the letter said.
Some of them were injured in police baton charge while agitating outside Congress party and its Vice President Rahul Gandhi’s offices, he said.
Pincha said he is receiving innumerable calls and e-mails from colleagues from abroad as to how a country which has ratified the CRPD can so deal with its persons with disabilities.
“I am sir, the first person with disability who has been appointed as the Chief Commissioner for Persons with Disabilities and am committee to the cause both personally and officially,” he said in the letter seeking appointment for an in-person meeting with the prime minister on the issue.
A copy of the letter sent today has been also marked to Minister for Social Justice and Empowerment. Railway Minister Mallikarjun Kharge is handling additional charge of the Social Justice Ministry.
The court of Chief Commissioner for persons with Disabilities also shot off a letter to Delhi Police seeking a detailed report on alleged incidents of baton charge against persons with disabilities.
In the letter, addressed to Delhi Police Commissioner B S Bassi, a detailed report has been sought in two incidents which took place yesterday.
“One of the two incidents is alleged to have happened outside the AICC office at 24 Akbar Road, New Delhi and the other in front of Rahul Gandhi’s residence,” the letter said.
“If the incidents happened as alleged, what is the number of and nature of casualties? In case the incidents did happen, is responsibility and accountability being fixed for further appropriate action? Any other relevant information regarding the alleged incidents,” it said. (AGENCIES)
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