Special Fund to be created for providing assistance
*Every establishment to appoint Grievances Redressal Officer
Mohinder Verma
JAMMU, Mar 20: Finally, the Government has framed the Jammu and Kashmir Rights of Persons with Disabilities Rules in order to ensure smooth implementation of Central Law aimed at promoting and protecting the rights and dignity of people with disabilities in various aspects of life.
In the Rules, every aspect relating to rights and entitlements, limited guardianship, education and employment of persons with disabilities has been taken care of and timelines fixed so that they don’t face any sort of difficult.
In its edition dated March 6, 2021, EXCELSIOR had exclusively highlighted that the Government was soft-paddling on notification of Rules under Rights of Persons with Disabilities Act, 2016 despite being aware of the fact that without this vital step benefits of the Central Law cannot be extended to the targeted population.
Now, in exercise of the powers conferred by Sub-Section 1 of Section 101 of the Rights of Persons with Disabilities Act, 2016, the Lieutenant Governor of Union Territory of Jammu and Kashmir has made the Rules in order to ensure effective implementation of the Central Law and the same have been notified by the Social Welfare Department.
As per the Rules, head of every establishment will ensure that provisions of the law are not misused to deny any right or benefit to persons with disabilities covered under the Act and initiate action on the receipt of complaint from an aggrieved person regarding discrimination on the ground of disability.
“If the aggrieved person submits a complaint to the Commission for Persons with Disabilities, the same shall be disposed of within a period of 30 days. However, in exceptional cases the same may be disposed off in a time period of less than 30 days”, the Rules said, adding “the Chief Judicial Magistrate on its own or on any application filed by the person with disability or through a blood relative will grant the support of a limited guardian to take a legally binding decision on behalf of the person with disability in consultation with such person”.
A nodal officer will be designated in each Chief Education Office of the Department of School Education, every urban local body and in both the Directorates of Social Welfare within three months to deal with all matters relating to admission of children with disabilities and the facilities to be provided to them in schools in accordance with the provisions of the Act.
Moreover, Board of School Education will develop training courses and also facilitate training of teachers in basic Braille-sign language and special education within one year of the notification of the Rules.
As far as employment and vacancies for persons with benchmark disabilities are concerned, the Rules said: “Every establishment will publish equal opportunity policy for persons with disabilities within a period of six months from the notification of these Rules. Moreover, every Government establishment will appoint an officer not below the rank of Gazetted Officer as Grievance Redressal Officer to look into the grievances of persons with disabilities”.
“Every Government establishment in order to give effect to the reservation provided to the persons with disability as provided in Section 34 of the Act will take into account four percent of the total number of vacancies in the cadre strength in each group of posts for the purpose of computation of vacancies for the persons with benchmark disabilities. However, reservation in promotion shall be in accordance with the instructions issued by the appropriate Government from time to time”, the Rules further said.
Moreover, while issuing advertisement to fill up vacancies, every Government establishment will indicate the number of vacancies reserved for each class of persons with benchmark disabilities in accordance with the provisions of the Act. The reservation for persons with disabilities in accordance with the provisions of the Act shall be horizontal and the vacancies for persons with benchmark disabilities will be maintained as a separate class.
As far as accessibility is concerned, every establishment will comply with the standards relating to physical environment, transport and information and communication technology.
Moreover, the Government will create Union Territory Fund for Persons with Disabilities for providing financial assistance in the areas which are not specifically covered under any scheme and programme of the Government of Jammu and Kashmir. Moreover, the fund will be utilized for such other purposes as may be decided by the governing body headed by Administrative Secretary of Department of Social Welfare.
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