Amendment in Section 34 of The rights of Person with disability Act, 2016.
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I know we all are fighting with this Epidemic and contributing into the society right now by quarantine ourselves at home. By signing this petition you can do something more for the society and for the set of people who faced discrimination all through their life by not getting equal opportunity into the public employment.
The Parliament by adopting the United Nations Convention on the Rights of Persons with Disabilities enacted the Rights of Person with disabilities Act, 2016.
The Act defines Specified diseases in the Schedule 1 as
1. Physical disability.—
A) Locomotive disability , including—
- (a) "leprosy cured person".
- (b) "cerebral palsy".
- (c) "dwarfism"
- (d) "muscular dystrophy".
- (e) "acid attack victims" .
B) visual impairment-
C) "Hearing impairment"—
(b) "hard of hearing"
D) "speech and language disability"
2. Intellectual disability-
(a) "specific learning disabilities"
(b) "autism spectrum disorder"
3. Mental behaviour,— "mental illness" .
4. Disability caused due to—
(a) chronic neurological conditions, such as—
(i) "multiple sclerosis" ;
(ii) "parkinson's disease"
(b) Blood disorder—
(i) "haemophilia" ;
(iii) "sickle cell disease".
5. Multiple Disabilities .
These are the diseases which are included into the definition of Person with Benchmark Disability. However, under Section 34 of the Person with the disabilities Act the Parliament does not add these diseases caused due to a) chronic neurologic conditions and b) Blood disorders.
As this act is adopted on the basis of UN convention on Rights of Person with disabilities and the basic component of the convention is non discrimination. The act is also adopted to provide rights to the Person with Disabilities so that they do not face discrimination in the society, but Sec. 34 is discriminatory in nature as it does not provide reservation to all the specified diseases and it discriminates the person with chronic neurologic conditions and Blood disorders to avail the benefits of reservation.
Section 34 of the Act states as
34. (1) Every appropriate Government shall appoint in every Government establishment,
not less than four per cent. of the total number of vacancies in the cadre strength in each
group of posts meant to be filled with persons with benchmark disabilities of which, one per
cent. each shall be reserved for persons with benchmark disabilities under clauses (a), (b)
and (c) and one per cent. for persons with benchmark disabilities under clauses (d) and (e),
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid
attack victims and muscular dystrophy;
(d) autism, intellectual disability, specific learning disability and mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including
deaf-blindness in the posts identified for each disabilities:
The Indian Constitution guarantees equal opportunity in matters of public employment and one purpose of enactment of The right of person with disabilities Act is to provide the equal opportunity to person with Disabilities by adding them into the Specified diseases.
I have a blood disorder named Hemophilia and I myself feel that by not providing reservation to all the specified diseases the Section 34 of the Act violates the basic component of equal opportunity of Constitution and it also against the UN convention of Right of Person with Disabilities.
I request you all to sign the petition so the Parliament look into the matter and amend the Sec. 34 by adding all the Specified diseases into it. So that Person with Benchmark Disability gets equal opportunity into the public employment.
I also request everyone to please stay at home and stay safe from this Epidemic!
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