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	Suggestions for Amendments to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 (PWD Act)
	Suggestions under the introductory passage of the PWD Act 1995
	Acknowledge that India is a signatory to the 'BIWAKO Millennium Framework for Action' - towards an inclusive, barrier-free and rights-based society for persons with disabilities in Asia and the Pacific for the decade 2003-2012     Acknowledge that the amendments to the PWD Act are being developed against the backdrop of the on-going drafting of the "UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES"     The purpose of the PWD Act could be elaborated further as 'To promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.'
	Suggestions under the introductory passage of the PWD Act 1995
	Existing Section No. under the Act Comments Suggested amendments to the "The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995"           Chapter I - Preliminary 1.2   The State of Jammu Kashmir has to be included in the Act. 2.b.h Definition The definition of 'Disability' should reflect the social aspects as mentioned in the Draft UN Convention on The Rights of Persons with Disabilities - "Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others"   Definition To expand the definition of 'disability' - to include Autism, persons affected by burn injuries, affected by elephantiasis, the vertically challenged, multiple disabilities, visual deficiency in one eye, persons with chronic conditions such as HIV/ AIDs, cancer 2.b.t   Persons with disabilities means a person suffering from not less than 40% of any disability - the percentage should be lowered so as to benefit more number of persons 2.b.   Issuing a single multi-purpose identity cards for persons with disabilities for accessing the various schemes/ benefits           Chapter II The Central Coordination Committee 3.2   Central Co-ordination committee should have region-wise representatives of NGOs and PWDs. Also to ensure there is one nominee/ representative from North East Region. 3.2   Parent association should be given space in the non official category of Central Co-ordination committee 3.2.l   Number of NGO (working with PWDs) representative in the Central Co-ordination Committee (CCC) to be increased from 5 to 10 Nos
	Existing Section No. under the Act Comments Suggested amendments to the "The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995"           Chapter I - Preliminary 3.2.l   The word "as far as" practicable to be removed rather it has to be ensured that PWDs and parent association are the non-official members in the Coordination Committees.   Add New The coordination committee should address recommendation and problems within specified time frames   Add New Proceedings of meetings of the Central Coordination Committee and Central Executive Committee to be made public e.g., posted on the Ministry's website and translated into regional languages, so that it is accessible           Chapter III The State Coordination Committee 17   The coordination committee should conduct meeting once in a three months and address recommendation and problems in states within specified time frames.   Add New Chief secretary of the State should ensure that the Co-ordination committee and the State Executive Committee are functioning effectively, as per the Act   Add New In order to implement the PWD Act 1995, the Government should form Local and District Level Implementation Committee and they will submit the status report to the state coordination / executive committee at least quarterly. In addition, this committee should be provided with enough power so as to intervene as and when the situation demands   Add New Proceedings of meetings of the Central Coordination Committee and Central Executive Committee to be made public e.g., posted on the Ministry's website and translated into regional languages, so that it is accessible           Chapter IV Prevention And Early Detection Of Disabilities       25   The implementation of this chapter should be the responsibility of the Ministry of Health at the Central Government level and under the Department of Health in each State.   Add New Appointment of Permanent Psychiatrists and Audiometrists in District Hospitals for easy issue of medical certificates for PWDs   Add New On going enumeration of disability at village level through ICDS and health   Add New Specific modules on 'Prevention and Early Detection of Disabilities' must be introduced for post-graduate, under-graduate and diploma courses in medical education for health functionaries and Anganawadi teacher's   Add New The Medical Board for issuing disability certificates should be at the taluk level, and they should meet at least once in every month.
	Existing Section No. under the Act Comments Suggested amendments to the "The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995"           Chapter IV Prevention And Early Detection Of Disabilities 25 Add New Rehabilitation centers should be at Taluk level to give therapy, training on mobility and support for ADLS (Activities for Daily Living)   Add New In order to create awareness on disability the school text books must have lessons on disability   Add New To protect public health programme on prevention and early detection must be created from the local level e.g. corporation / panchayat           Chapter V Education         Add New Qualification of the teachers working in Special schools must be verified and Two-year course on Special education should be approved   Add New Ensuring teacher training programme such as B.Ed, D.Ed, M.Ed covers syllabus related to 'Inclusive Education' and on imparting quality education for children with disabilities   Add New Schools to be located at easily accessible distance, and if that is not possible special arrangements should be made to bring the children with disabilities to school   Add New Compulsory reservation in all schools Govt, public and private with regard to the admission and retention of the children with disabilities   Add New Ensuring that the education provisions for non-discrimination of children with disabilities is applicable to all schools which includes the aided and private schools   Add New Reservation in educational institution and technical courses should have special reservation for girls/ women with disability 31   Modification in exam system to suit the needs of children/ persons with disabilities - such as scribe, use of computers with screen reading software etc.   Add New Ensuring that our universities provide equal treatment for students   Add New Inclusive education and sensitization to issues of disability should be part of the curriculum for IPS/ UPSC and other public exams.   Add New Effective inclusion of 0-5 years children with disabilities in pre-school/ care   Add New To ensure that every child with a disability has access to free education in an appropriate environment till he/she attains the age of 21   Add New Creation of a barrier-free environment in education institutions such as ramps, toilets, access to information and communication in Braille and visual forms Existing Section No. under the Act Comments Suggested amendments to the "The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995"           Chapter V Education 31 Add New The Government should initiate research on disabled friendly curriculum and evaluation systems and introduce them from time to time.   Add New Create and maintain disabled friendly accessible transport facilities to schools                 Chapter VI Employment       33   Job reservations must go up to 4 % with 1% exclusively for Mentally Retarded in Government and private sectors   Add New Ensure a good and safe working conditions for the disabled.   Add New Entrepreneurship Programme for PWDs - Provision of bank loans to the PWDs, vocational trainings, production oriented schemes and marketing facilities   Add New Maintenance of PWD casual labour list with the village administration office and Mandal Development Office to access schemes such as Rural Employment Guarantee Schemes   Add New Reservation to the extent of 5% in vocational training institutions/ programs   Add New Strict vigilance by the coordination committee on the categories of jobs laid down by the state and central Govt. and whether the prescribed jobs are filled in by the PWDs or not and to come up with its report on the employment condition of the PWDs annually.   Add New Government should generate employment for persons with disabilities locally according to the ability of the person and extend the age limit from 38yrs to 45 yrs   Add New If a person become disabled due to a work related injury, it should be specifically mentioned who decides whether he is capable of doing the same job or not.   Add New Incentives to be given in private sectors to encourage employment opportunities for persons with disabilities. E.g. tax benefits given based on the number of disabled persons employed and this should be reviewed every year.   Add New Vocational training institutions / programmes also include all formal and non-formal rural training programmes such as training programmes conducted under TRYSEM, Shram Vidya Peeth etc   Add New Vocational Rehabilitation Centers should upgrade present training programmes.   Add New 5% of development funds at the Panchayat should be earmarked for PWDs.             Existing Section No. under the Act Comments Suggested amendments to the "The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995"           Chapter VII Affirmative Action         Add New Architectural courses should include papers on 'External and Internal Build Environment based on the principles of Universal Design/ Barrier-Free Environment'   Add New A legal aid centre (cost free) must be setup initially in every district to benefit the PWDs.   Add New Providing safeguards to persons with disabilities in respect of property jointly owned by him/her with others   Add New At the District level, there must be a separate "ADALAT" for PWDs and all actions must be time bound.   Add New Ensure that the Libraries are physically accessible to PWDs and materials are available for the Blind and for people with Low Vision   Add New Information related to services for PWDs should be available at all institutes such as Libraries, Panchayat office, Mandal office and District Office   Add New The State Govt. should be bound to provide aids and appliances to the PWDs and moreover these should be made available, if possible at the block level.   Add New Provision for the repair and maintenance of aids and appliances should be made   Add New Creation of a protected market in the Government and private sector for the products made by PWD   Add New Regional Transport Office should have standards for issuing registration certificates to motor vehicles that are modified for the use of PWDs.   Add New Special registration symbol for vehicles used by disabled persons should be introduces at the Regional Transport Office   Add New No import duty on equipment meant for disability.   Add New Tax relief for manufacturers of disability related equipment.   Add New All public buildings including shopping complexes, banks and post offices should have ramps and/ or lifts with at least one accessible toilet, built within a clearly stated timeframe.   Add New Information regarding schemes for the disabled to be made available in Braille and Sign Language.   Add New Ensure mainstreaming of disability in all development schemes and programmes.                       Existing Section No. under the Act Comments Suggested amendments to the "The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995"           Chapter VIII Non - Discrimination   Add New Non-discrimination in transport, on the road, in built environment and finally in govt employment.   Add New Strict legal action to be taken against those found guilty of discriminating PWDs and strong action must be taken to prevent and condemn cases of sexual assault against women with disabilities.   Add New New and old Government and Public old buildings shall be renovated for accessibility of Persons with Disability within 2010 (the next 5 years)   Add New Electoral Reservations for PWDs must be introduced at all levels.   Add New It is mandatory to ensure that all public places meet universal design (barrier free) standards and stiff penalties should be imposed for the violators of this rule.   Add New Expand the scope of non-discrimination to include the needs of persons with sensory/ mental and intellectual disabilities. Examples: ensure information is available in Braille and Sign Language 44   The sentence "with in the limits of economic capacity" should be deleted and made mandatory.   Add New Voting system should be made accessible for all types of disability.   Add New The transport department should put in place an action plan to ensure their facilities like buses and bus stops are accessible to the disabled within specified time frame. For example - 5% of all buses and taxies should be wheelchair accessible in the next 5 years           Chapter IX Research And Manpower Development       48   Manpower Development and training for Panchayat members, Anganwadi teachers, School teachers, families of PWDs etc 48   For the effective implementation of PWD act 1995, the key persons such as Assistant Director, Rehabilitation Officers, Rehabilitation Coordinator, should be well qualified or trained in the filed of Disabilities - covering areas such as 'Disability and Discrimination' and the rehabilitation of all kinds of Disabilities. 48 Add New Ensuring research products are made available to persons with disabilities in India and not as research that makes only prototypes           Existing Section No. under the Act Comments Suggested amendments to the "The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995"           Chapter X Recognition Of Institutions For Persons With Disabilities 50   All Special Schools and NGOs must be compulsory registered and the Government machinery must assess their activities. Action should be initiated against unregistered organisations           Chapter XI Institution For Persons With Severe Disabilities 56 2 The Dept. of Disability Development and Senior Citizens should provide rehabilitation for the severely disabled through day care centres   Add New The state Govt. should be bound to create a residential facility for the persons with severe disabilities and who are living in a very miserable condition. And ensure they receive adequate nutrition, assistive devices, secure environment and home adoptions. This should be created in consultation and under the provision of National Trust Act.(in case of specified disability)           Chapter XII The Chief Commissioner And Commissioners For Persons With Disabilities         Add New Ensuring that the Annual plans and year end reports of the commissioners office are posted in the internet and are available easily   Add New Greater collaborating and networking among the different state commissioner's office to ensure common minimum standards of implementation of the PWD Act is maintained.   Add New State level, district level committee should meet regularly without fail, to manage, review and to ensure effective services are available for disabled and the rights of PWDs are protected.   Add New The post of the Commissioner for disabilities should be given to a person with disability or to a person with at least 5 years experience in the area of 'Disability' and has an understanding on issues related to Disability and Discrimination'   Add New The Chief and State Commissioner should have the authority and power to take decisions on issues related 'Equal Opportunities, Protection of Rights and Full Participation'                         Existing Section No. under the Act Comments Suggested amendments to the "The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995"           Chapter XIII Social Security       66   The conditions under the present act stating that the implementation will be subject to 'the limits of their economic capacity and development' should be removed and all the 'common minimum' enabling provision under the PWD Act should be made mandatory   Add New Special insurance scheme for PWD and women with disability in particular   Add New Ensuring the mainstreaming of disability in all development schemes and programme   Add New Introduce a single 'Disability Identity card' for PWDs to access different schemes/ concessions across the country   Add New Ration card should be issued for every disabled person on a priority.           Chapter XIV Miscellaneous 69   Any person taking advantage of the provision meant for the PWDs are punishable under this act. This should be extended to cover the officials who was responsible for issuing the certificates as well.   Add New Develop effective mechanism for implementation of Persons with Disability Programme or Schemes at the State and District Level. For example - State/ District level plans and reviews   Add New Special cells must be provided in the prison for the disabled