Let Us ACT Together!
It
is,
however,
interesting
to
note
that
the
very
idea
behind
having
a
working
draft
is
to
listen
to
the
suggestions
of
experts
and
concerned
parties
and
make
changes
if
required.
The
first
explanatory
note
stating
that
“this
working
draft
has
been
put
together
so
that
the
Committee,
the
Disability
sector,
the
larger
civil
society
and
the
duty
bearers
can
through
a
process
of
dialogue
and
deliberation
arrive
at
a
draft
which
can
be
accepted
by
all"
seems
like
an
explicit
enough
solicitation
of
expert
opinion
and
civil
society
participation.
It
seems
unwise
to
squander
such
an
opportunity,
basing
one"s
arguments,
against
the
fruit
of
eight
months"
worth
of
effort
of
numerous
individuals,
on
grounds
such
as
the
fact
that
the
Committee
met
for
short
hours
with
long
gaps
of
forty
days
in
between
and
that
it
was
“lazy".
While
much
of
the
criticism
leveled
against
those
involved
in
drafting
the
law
may
be
justified,
one
wonders
whether
it
makes
a
substantive
difference
in
ensuring
there
exists
robust
disability
rights
legislation
within
the
nation.
Given
the
parallels
being
drawn
between
the
drafting
process
of
the
UN
CRPD
and
that
of
the
draft
law
under
discussion,
it
would
perhaps
be
pertinent
to
highlight
the
united
efforts
of
the
disability
sector
in
the
case
of
the
former
to
present
constructive
criticism.
The
remarkable
contribution
of
disability
rights
groups
in
the
framing
of
the
UN
CRPD
came
from
a
conscientious
attempt
to
criticize
effectively
and
provide
feasible
alternatives.
It
certainly
would
be
preferable
if
those
criticizing
the
current
working
draft
had
substantive
changes
in
mind
and
alternatives
to
offer,
as
was
the
case
during
the
drafting
of
the
UN
CRPD.
While
much
has
been
said
about
representatives
who
weren"t
allowed
a
say
in
the
drafting
of
the
law,
the
fact
that
deliberations
on
the
working
draft
are
on
and
this
is
the
ideal
time
to
send
in
any
substantive
or
structural
changes
that
one
would
want
to
see
in
the
draft
seems
to
be
ignored.
A question that has gained prominence of late is the suggestion of a Disability Code with dedicated legislation for special situations and for authorities such as the Disability Rights Authority. The suggestion was made for several reasons, such as the requirement of dedicated legislation that details the functioning of important bodies like the DRA and the constraint in space if an all encompassing law was to be drafted. Critics claim that this is against the wishes of the disability sector and is legally not viable while Dr. Dhanda states that it is a mere suggestion that arose out of practical discomfort and that it would effectively deal with issues of reconciling inherent differences and also allow for greater detailing to define the accountability of the DRA or rules governing it, etc. Mr. Pincha also wholly endorsed the concept, affirming that “common law to address commonalities, and specific laws, to address specificities depending on need and necessity" is what is required. A meeting held by CBR Forum in Bangalore on the 20th of December simply concluded that the idea required further discussion on public forums. All that this goes to show is that various shades of opinion exist within the disability sector and constructive suggestions and open discussions alone can hope to solve the deadlock one seems to notice forming. What effort has, thus far, been expended at criticizing issues that can neither be mended nor bear any consequence to the progress of the law, could perhaps now be used constructively to build on the foundation that the working draft sets.
It has been said quite succinctly that “There is no odor so bad as that which arises from goodness tainted." One cannot help feeling that those advocating unity amongst and justice for the 70 million people with disabilities in India are the very same stalwarts who leave the sector fragmented. It is, perhaps, time for sincere attempts at reconciliation and for real and substantive criticism, if this landmark piece of legislation detailing the rights of the aforementioned 70 million people is to finally materialise.
Article on Rights of Persons with Disabilities Act working draft-Part 1