CHENNAI: The Department of Empowerment of Persons with Disabilities has proposed to decriminalise certain offences in the Rights of Persons with Disabilities (RPwD) Act, in a bid to ‘improve business sentiment and unclog court proceedings’. Stakeholders however feel that making these amendments would significantly deny rights to the disabled and make public spaces unsafe for them.
The Ministry of Social Justice and Empowerment, on Wednesday, put out the proposal for amendment on www.disabilityaffairs.gov.in and has sought public feedback by July 10. The amendment aims to mellow the penalty under Sections 89, 92 (a) and 93 of the RPwD Act by making certain offenses compoundable (where parties can reach a compromise).
The penalties correspond to contravening its provisions, intentionally insulting or intimidating a disabled person or failing to provide documents under the pursuance of this Act, respectively. The maximum penalties range from fine up to Rs 5 lakh for contravention of the Act and imprisonment up to five years for intimidation or public insult. Disability rights activists emphasised that the Act and these sections defends the rights of the disabled, and softening the penalties would make public and work spaces unsafe for them.
“The Act protects disabled people only if they are humiliated in public or intimidated. So if someone is humiliated in private, this Act cannot be used. Its use is already limited, and this amendment may weaken it more,” said Vaishnavi Jayakumar from the DIsability Rights Alliance. Section 92 (a) of the Act which provides a penalty of imprisonment when a person ‘intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view’. “This section offers protection in a way similar to SC/ST Act. Would the government be able to do away with that?” she asked.
Jayakumar said when a legislation concerns right of an individual, the proposal should ideally be published in several regional languages and people should be given enough time to provide feedback. The proposal has been published in English and ten days have been given for public feedback.
Murgananthan Linguswamy, an advocate at the Madras HC and a disability rights activist argued, “The government is trying to create a conducive business environment at the cost of an individual’s dignity - which is a fundamental right,” he said. He further said the National Crime Record Bureau has not published any statistics regarding offences against the disabled. “Therefore changing legislation without reliable data is arbitrary,” he said.