CHENNAI: The State government published the Tamil Nadu Rights of Persons with Disabilities Rules, 2018 on February 13 and called for objections and suggestions to be made within 15 days. As activists and the general public read the rules, the salient feature highlighted in the rules is that of having establishments that do not discriminate on the grounds of disability.
The Act calls for the head of each establishment to ensure the provisions of the Act are not misused to deny any disabled person their rights. It explicitly states that no establishment should compel persons with disabilities to partly or fully pay any of the costs incurred to provide reasonable accommodation.
Further, it says that an aggrieved person with disability may submit a representation before the State Commissioner, who should dispose of the representation as soon as possible and preferably within a period of 60 days, and in case of emergencies in 30 days.
The rules also provide for the establishment of a research committee on disability while formulating rules for limited guardianship and an assessment board for special provisions for persons with disabilities with high support needs. Activists are wary, though, as implementation of these rules is a concern.
“These rules are not going to make our lives rosy,” said Deepak Nathan, founder of December 3 Movement, a pan-India rights-based organisation.
“There was no deliberation and dialogue conducted for the formulation of these rules. They were just put out on the internet,” he added.Another aspect of the Act that has been questioned is the recognition of only 21 types of disability. “The Act only recognises 21 types of disability and hence that in itself is one of the biggest drawbacks of the Act,” said Nathan. “That is because the Act is disregarding any other kinds of disability.”