Monday, August 14, 2006
Policy Suggestions for Amendments of PWD Act 2006
From : -
Forum For Autism
2nd floor, Block A, Jyeshtaram Baug,
Dr.Ambedkar Rd, Dadar, Mumbai 400014.
Email : forumforautism@hotmail.com
.........................
To
Shri Ashish Kumar,
Deputy Director General (Disability Division),
Ministry of Social Justice and Empowerment,
Room No.610, ‘A’ wing,
Shastri Bhawan, New Delhi – 110 001.
Telefax No.011-2338 3853
Email : kmashish@hub.nic.in
Subject : Inviting suggestions for amendment in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Dear Shri Ashish Kumar ,
This bears reference to the invitation having reference number "F . NO. 16-18/2006-DD-III.dated 26th May 2006.
The undersigned is a parent of a child having autism spectrum disorder and a Member Trustee of
Forum For Autism ( FFA ) , Mumbai , India.
FFA is predominantly a Parents Support Group ( PSG ) working as NGO in the field of Autism and related
disorder. FFA is registered as charitable trust under Indian Trust Act 1950.
The following are the observations and proposed amendments of our Board of Trustees , FFA , Mumbai.
Section 2(i) " disability " means .............. and includes -
- MAY PLEASE ADD THE CATEGORY " ( viii ) AUTISM SPECTRUM DISORDER " AFTER
( vii ) MENTAL ILLNESS.
Section 2(s) - new section may be incorporated as under :
- " AUTISM SPECTRUM DISORDER " MEANS A CONDITION OF NEURO-BIOLOGICAL DISORDER
OR UNEQUAL DEVELOPMENT OF MIND AND SKILLS , WHICH ESSENTIALLY CHARACTERISED
BY MANIFESTATION OF REPETITIVE BEHAVIOUR , WHICH AFFECTS TO THE OVERALL
LEVEL OF INTELLIGENCE , I.E. COGNITIVE , MOTOR , LANGUAGE AND SOCIO-COMMUNICATIONAL
ABILITIES"
Section 26A - Reservation in admission - proposed amendments are as under :
- All Government educational institutions , other educational institutions receiving aid from the government
and Non-Government educational institutions following the state government board , ICSE , CBSE and
similar boards of education , shall reserve not less than four percent seats for admission for persons with
disabilities out of which preferably but not essentially one percent for persons with Mental Retardation ,
Mental Illness and Autism Spectrum Disorder.
Section 27 - Comprehensive and Inclusive Educational Scheme - Proposed addition as under :
- Such comprehensive and inclusive educational schemes must be monitored by local level committee ( LLC )
as defined in the National Trust Act , 1999. State level Disability commissioner must provide regular reports
for such schemes and measure the effectiveness of such scheme of inclusive education of disabled students.
Section 31A - Proposed Addition as under :
- Proper educational module should be developed and disseminated by all concerned institutions to educate
the people in general about discrimination and its ill effect in society.
Section 34 - Special Employment Exchange - An additional point may be added as under :
- The Special Employment Exchange and Vocational Rehabilitation Centre must act in conjunction with
Educational Institutions , NIOS and so on to facilitate and coordination of filling vacancies in the
government and corporate sectors.
Section 43 - May include the following :
- Establishment of residential Home / Community Centre for persons and their care givers families affected by Autism Spectrum Disorder and / or Multiple Disorder.
Section 48 - May include the following :
- Encouragement of research ( including genetic research ) by NGOs , NPOs and Health Institutions to discover
the reason of Autism , Cerebral Palsy , Mental Disorder and Multiple Disabilities.
Section 61 - May be added additional responsibility of Commissioners of PWD , as under :
- " ca ) Coordinate with various agencies / NGOs / NPOs to collect information ( from but not limited to State
level Human Rights Commission regarding cases related to disability ) about the hurdles faced by
parents/caregivers of the persons with disabilities to provide the required Inclusive Education / Special
Education and providing possible solutions."
- " e) Submit reports to Chief Commissioner about the strict implementation of Acts and its all benefits to the
Persons with Disability and Parents/Caregiver having disabled dependent.
Section 67 - May include the following :
- Insurance scheme for parents and caregivers of disabled dependent and more tax incentives with simplified
norms may be considered.
While the above mentioned list of proposed recommended amendments / additions are not exhaustive , we must thank you for your invitation
to suggest such amendments vide your notification dated 26th May 2006. As i understand the last date of submission of the suggestions is
31st July 2006 and we trust the above meet the stipulated deadline.
At this outset, i must thank you for your endeavours in the last so many years to strengthen and empower the disabled people in our
country, however it may be noted that the education and particularly "Inclusive Education" should be the main trust area for the empowerment
of the persons with disability and also to the parents / caregivers of the disabled persons. The psychological pressure on the disabled can be
possibly reduced if and only if all of us can understand the concept of Inclusive Education and Inclusive Society.With the initiatives and
endeavours of like minded people of our country under the guidance of your Ministry , we are sure that days are not very far , when we can
expect a Separate Act like "Autism Combat Act , 2005" and "Individuals with Disabilities Education Act ( IDEA ) and similar such legislation
which had been endorsed in the developed countries like USA.
Thanking you ,
Sincerely yours ,
-sd/-
Amit Bardhan
Member Trustee ,
Forum For Autism , Mumbai.
Date : 26th July 2006
Mumbai , India.
..............................................
Forum For Autism
2nd floor, Block A, Jyeshtaram Baug,
Dr.Ambedkar Rd, Dadar, Mumbai 400014.
Email : forumforautism@hotmail.com
.........................
To
Shri Ashish Kumar,
Deputy Director General (Disability Division),
Ministry of Social Justice and Empowerment,
Room No.610, ‘A’ wing,
Shastri Bhawan, New Delhi – 110 001.
Telefax No.011-2338 3853
Email : kmashish@hub.nic.in
Subject : Inviting suggestions for amendment in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Dear Shri Ashish Kumar ,
This bears reference to the invitation having reference number "F . NO. 16-18/2006-DD-III.dated 26th May 2006.
The undersigned is a parent of a child having autism spectrum disorder and a Member Trustee of
Forum For Autism ( FFA ) , Mumbai , India.
FFA is predominantly a Parents Support Group ( PSG ) working as NGO in the field of Autism and related
disorder. FFA is registered as charitable trust under Indian Trust Act 1950.
The following are the observations and proposed amendments of our Board of Trustees , FFA , Mumbai.
Section 2(i) " disability " means .............. and includes -
- MAY PLEASE ADD THE CATEGORY " ( viii ) AUTISM SPECTRUM DISORDER " AFTER
( vii ) MENTAL ILLNESS.
Section 2(s) - new section may be incorporated as under :
- " AUTISM SPECTRUM DISORDER " MEANS A CONDITION OF NEURO-BIOLOGICAL DISORDER
OR UNEQUAL DEVELOPMENT OF MIND AND SKILLS , WHICH ESSENTIALLY CHARACTERISED
BY MANIFESTATION OF REPETITIVE BEHAVIOUR , WHICH AFFECTS TO THE OVERALL
LEVEL OF INTELLIGENCE , I.E. COGNITIVE , MOTOR , LANGUAGE AND SOCIO-COMMUNICATIONAL
ABILITIES"
Section 26A - Reservation in admission - proposed amendments are as under :
- All Government educational institutions , other educational institutions receiving aid from the government
and Non-Government educational institutions following the state government board , ICSE , CBSE and
similar boards of education , shall reserve not less than four percent seats for admission for persons with
disabilities out of which preferably but not essentially one percent for persons with Mental Retardation ,
Mental Illness and Autism Spectrum Disorder.
Section 27 - Comprehensive and Inclusive Educational Scheme - Proposed addition as under :
- Such comprehensive and inclusive educational schemes must be monitored by local level committee ( LLC )
as defined in the National Trust Act , 1999. State level Disability commissioner must provide regular reports
for such schemes and measure the effectiveness of such scheme of inclusive education of disabled students.
Section 31A - Proposed Addition as under :
- Proper educational module should be developed and disseminated by all concerned institutions to educate
the people in general about discrimination and its ill effect in society.
Section 34 - Special Employment Exchange - An additional point may be added as under :
- The Special Employment Exchange and Vocational Rehabilitation Centre must act in conjunction with
Educational Institutions , NIOS and so on to facilitate and coordination of filling vacancies in the
government and corporate sectors.
Section 43 - May include the following :
- Establishment of residential Home / Community Centre for persons and their care givers families affected by Autism Spectrum Disorder and / or Multiple Disorder.
Section 48 - May include the following :
- Encouragement of research ( including genetic research ) by NGOs , NPOs and Health Institutions to discover
the reason of Autism , Cerebral Palsy , Mental Disorder and Multiple Disabilities.
Section 61 - May be added additional responsibility of Commissioners of PWD , as under :
- " ca ) Coordinate with various agencies / NGOs / NPOs to collect information ( from but not limited to State
level Human Rights Commission regarding cases related to disability ) about the hurdles faced by
parents/caregivers of the persons with disabilities to provide the required Inclusive Education / Special
Education and providing possible solutions."
- " e) Submit reports to Chief Commissioner about the strict implementation of Acts and its all benefits to the
Persons with Disability and Parents/Caregiver having disabled dependent.
Section 67 - May include the following :
- Insurance scheme for parents and caregivers of disabled dependent and more tax incentives with simplified
norms may be considered.
While the above mentioned list of proposed recommended amendments / additions are not exhaustive , we must thank you for your invitation
to suggest such amendments vide your notification dated 26th May 2006. As i understand the last date of submission of the suggestions is
31st July 2006 and we trust the above meet the stipulated deadline.
At this outset, i must thank you for your endeavours in the last so many years to strengthen and empower the disabled people in our
country, however it may be noted that the education and particularly "Inclusive Education" should be the main trust area for the empowerment
of the persons with disability and also to the parents / caregivers of the disabled persons. The psychological pressure on the disabled can be
possibly reduced if and only if all of us can understand the concept of Inclusive Education and Inclusive Society.With the initiatives and
endeavours of like minded people of our country under the guidance of your Ministry , we are sure that days are not very far , when we can
expect a Separate Act like "Autism Combat Act , 2005" and "Individuals with Disabilities Education Act ( IDEA ) and similar such legislation
which had been endorsed in the developed countries like USA.
Thanking you ,
Sincerely yours ,
-sd/-
Amit Bardhan
Member Trustee ,
Forum For Autism , Mumbai.
Date : 26th July 2006
Mumbai , India.
..............................................
