A new legislation in Jammu and Kashmir, apart from identifying a range of other facilities, proposes free education for children with benchmark disabilities as well as measures for effective participation of specially-abled persons in sporting activities.
The government has put the draft bill of Jammu and Kashmir Rights of Persons with Disabilities Act-2018 in public domain for feedback from various stakeholders.
The new legislation shall replace the archaic Disability Act of 1998.
PROTECTION
The legislation protects differently-abled persons often vulnerable to abuse, violence and exploitation, and calls for their admission in educational institutions without any discrimination. It also offers a barrier-free environment for the differently-abled.
The 47-page draft of the legislation outlines all rights to the persons with disabilities.
“The government shall take measures to protect persons with disabilities from all forms of abuse, violence and exploitation and to prevent the same; shall take cognizance of incidents of abuse, violence and exploitation and provide legal remedies available against such incidents; take steps for avoiding such incidents and prescribe the procedure for its reporting and take steps to rescue, protect and rehabilitate victims of such incidents,” the proposed legislation states.
“The persons with disabilities shall have equal protection and safety in situations of risk, armed conflict, humanitarian emergencies and natural disasters. The State Disaster Management Authority (SDMA) shall take appropriate measures to ensure inclusion of persons with disabilities in its disaster management activities as defined under clause (e) of section 2 of the Disaster Management Act, 2005 (Central Act) for the safety and protection of persons with disabilities,” it reads.
ACCESSIBILITY IN VOTING
The state election commission shall ensure that all polling stations are accessible to persons with disabilities and all materials related to the electoral process are easily understandable by and accessible to them, the draft bill reads.
Also, it states, the government shall ensure that the persons with disabilities have rights, equally with others, to own or inherit property, movable or immovable, control their financial affairs and have access to bank loans, mortgages and other forms of financial credit.
‘INCLUSIVE EDUCATION’
Importantly, the Act proposes all educational institutions to provide inclusive education to children with disabilities and admit them without any discrimination and provide education and opportunities for sports and recreation activities equally with others.
“Make buildings, campuses and various facilities accessible; ensure that the education to persons who are blind or deaf or both is imparted in most appropriate languages and modes and means of communication; conduct survey of school-going children every five years for identifying children with disabilities,” the legislation reads. It also proposes free education for children with benchmark disabilities.
“Notwithstanding anything contained in any other law for the time being in force, every child with benchmark disability between the age of six to eighteen years shall have the right to free education in a neighbourhood school, or in a special school, of his choice. The government and local authorities shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of 10 years,” reads the draft bill.
The bill also states that the government “shall formulate schemes and programmes including provision of loans at concessional rates to facilitate and support employment of persons with disabilities, especially for their vocational training and self-employment.”
‘FREE HEALTHCARE’
As far as the health care is concerned, the legislation states and the local authorities shall take necessary measures for persons with disabilities and provide: free healthcare in vicinity, especially in rural area, subject to such family income as may be notified; barrier-free access in all parts of government and private hospitals and other healthcare institutions and centres and priority in attendance and treatment.
SPORTS FACILITIES
The government shall also ensure measures for effective participation of persons with disabilities in sporting activities.
“Also, the government shall take suitable measures to provide facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines,” the legislation reads.
