Rajya Sabha passes Disabilities Bill, faces Lok Sabha hurdle

New Delhi: With just two days left of the ongoing Winter Session of Parliament, the Rajya Sabha on Wednesday witnessed an unusual bonhomie between the Opposition and treasury benches when it passed the Right of Persons with Disabilities Bill, 2014, which provides for a maximum imprisonment of up to two years, along with a fine ranging between Rs 10,000 and Rs 5 lakh for discriminating against differently abled persons.

The bill has a clause against places of employment discriminating against persons with disabilities. This bill, which complies with the UN Convention on Rights of Persons with Disabilities, has identified 21 disabilities, including for the first time disability due to acid attacks and Parkinson’s Disease.

The Upper House has witnessed disruption over the demonetisation issue and hardly transacted any business due to disruptions and repeated adjournments since the session commenced.  The House passed the bill, which was moved earlier this month by social justice minister Thawar-chand Gehlot, with a voice vote and will now have to be passed by Lok Sabha.

The existing Act — Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 —  had only identified only seven disabilities. The new bill makes it clear that the violation of any provision is punishable with imprisonment up to six months, and/or fine of Rs 10,000. Subsequent violations will have higher fines, but the amended version may do away with prison time.

Members cutting across party lines pitched for immediate passage of the “crucial” legislation. Among those who pressed for it were Leader of Opposition Ghulam Nabi Azad, BSP’s Mayawati, CPI(M)’s Sitaram Yechury and SP’s  Naresh Agarwal.

Minister of state for Parliamentary affairs Mukhtar Abbas Naqvi agreed to immediately take up the bill, which had 120 amendments.

Mr Yechury also sought clarification on who will be the authority to interpret the definition of disability, whether physical or mental, which the minister replied that a medical board will be the authority.

After the Bill was passed, Deputy Chairman P.J. Kurien congratulated the members for their cooperation. “I congratulate every member. Why can’t this cooperation be there always? Let us proceed like this,” he noted.

In the bill, disability has been defined based on an evolving and dynamic concept and the types of disabilities have been increased from existing seven to 21.