Amendments to The Disability Act, 1995

The Government of India is planning to make amendments to The Disability Act, 1995.  A meeting of the Central Co-ordination Committee headed by the Minister for Social Justice and Empowerment, Mr. Mukul Wasnik, was held on 21st July 2009. A draft prepared by the Ministry on the Amendments was circulated in the meeting. Read the Ministry’s Draft, ‘Amendment Proposed in the Persons with Disabilities Act, 1995 ’.

The disability sector has a number of reservations on the proposed amendments.  Disabled Rights Group (DRG) has formed an Amendments Committee to “review the proposed amendments”.The Committee feels that the proposed amendments do not reflect the spirit of UNCRPD. It feels that there should be extensive consultation within the sector. The Committee meets twice a week and plans to come up with an exhaustive draft for the Amendments, which will then be widely circulated for further debate and discussion.  Read the Minutes of their meetings.

It is a strong view of the Committee that given the paradigm shift in the thinking about the rights of persons with disability as outlined in UNCRPD, the changes are so substantive that it may be useful to write a new law rather than just amend the present one.The Committee has begun the process to put forward suggestions for the proposed redrafting of the Act. These suggestions are not being written by constitutional experts but hopefully will reflect the spirit of UNCRPD and voices of persons with disabilities.

With a view to broad base the discussion and to consider the possibility of a new law, NCPEDP has also formed a national level Core Group on “The Rights of Persons with Disabilities (Respect for Dignity, Effective Participation and Inclusive Opportunities) Act, 2009”.

Convenor DRG, Mr. Javed Abidi has also written to Mr. Mukul Wasnik , stating that it may be useful to write a new law rather than amending the present one.