Working Draft of the Rights of Persons with Disabilities Act, 2010: Does it Exceed its Mandate in Including Provisions Relation to other Disability Legislations?

CLPR, in collaboration with Centre for Internet and Society and Inclusive Planet, published comments on the Working Draft of Rights of Persons with Disability Act, 2010. Following this, CLPR also prepared a Note that critically reviewed the authorities under the proposed Act.

This is a brief Note on the Working Draft of the Persons with Disabilities Act dated 1.12.2010 (“Working Draft”) on the specific issue of how it relates to the three other disability legislations being the National Trusts Act 1999, the Mental Health Act 1987 and the Rehabilitation Council of India Act, 1992. From the Working Draft it is seen that there are several provisions which are contradictory to some of the provisions in these three legislations in significant ways. This Note also raises concerns as to whether the Working Draft has exceeded its mandate given by the Committee to only amend the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (“PWD Act”) by attempting to draft a comprehensive disability law which includes even the other disability legislations.

Cite:

'Working Draft of the Rights of Persons with Disabilities Act, 2010: Does it Exceed its Mandate in Including Provisions Relation to other Disability Legislations?' (24 Feb 2011) <https://clpr.org.in/wp-content/uploads/2018/10/Note-on-Working-Draft-disability.pdf> accessed on 26 May 2019