RPD Act only on paper, rue activists

IT has been close to a year since the Rights of Persons with Disability (RPD) Act came into force, but rights activists say the law has largely remained only on paper.

CHENNAI: IT has been close to a year since the Rights of Persons with Disability (RPD) Act came into force, but rights activists say the law has largely remained only on paper. They cite the State government’s failure to finalise the rules required to implement the law as the main obstacle. As per the RPD Act, passed in December 2016, State governments must frame rules not later than six months of its commencement. The Tamil Nadu government published the draft rules in June this year; but it has not finalised them.

Activists say the delay will prevent persons with disability from getting benefit under the new law. They fear a situation that was witnessed earlier when the Persons with Disability Act, 1995, took effect, being repeated. Tamil Nadu was able to finalise the rules for the law then only in 2002. “While the law provides an overall framework, the rules will spell out how the State intends to carry it out in spirit,” said TMN Deepak, president of December 3 movement. He said the RPD law will be in jeopardy without the rules. Since the rules have not been framed, several key provisions of the law are yet to see the light of the day. This includes absence of grievance redressal officer in government offices.

As per section 23 of the Act, employees in government offices can approach the officer if they there are discriminated based on their disability. But, S Namburajan, general secretary, Tamilnadu Association for the Rights of All Types of Differently Abled & Caregivers (TARATDAC) said the government has failed to initiate the appointments so far. “Such appointments must be conveyed to the State Commissioner for the differently-abled. But, no department has got the officer,” he said. TARATDAC has written a letter to Chief Minister Edappadi K Palaniswami recently on the issue. Another key provision which is yet to take off is the designation of special courts in all districts to try offences under the RPD Act. Smitha Sadasivan, coordinator, Disability Legislation Unit, Vidya Sagar, said the special court is essential as access to justice is a fundamental right. “The existing courts are burdened. Even cases concerning blatant violation of our rights gets dragged on,” she said. Special courts are the perfect remedy to ensure speedy and due justice for PwDs, Smitha added.

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