The requisite rights and benefits of those under benchmark disabilities under the captioned Act of the Parliament though applied only after the constitutional and administrative changes in the UT of Jammu and Kashmir which took place in August 2019 , however, no rules framed to implementing the same had rendered the very purpose of the Act remain conspicuously of no utility. ‘Excelsior’, as such, raised this issue of much importance to draw the attention of the Social Welfare Department to take the process ahead by arranging framing of Rules for due implementation and it is a matter of satisfaction that the Government has now framed the Rules which will pave the way for protecting in the entitled way, the rights and the dignity of the persons under with benchmark disabilities. Not only that our stand has been vindicated but perhaps due attention could now be given in future to what due important process had to be taken forward in a reasonable timeframe to make any applied Act really workable.
While it hardly needs to be reiterated that to what extent the Rights of Persons with Disability Act is covering almost every sphere to protect the interests of the persons under this segment right from providing employment in Government Departments to education to trainings and admission in schools of the children with benchmark disabilities, what is more important is identifying aggressively individuals falling under the group and see that the benefits really reached them. In order, therefore, that they may not face any difficulties in the process of implementation which on account of framing of the requisite Rules and notification thereof may, in the ordinary course arise, a redressing mechanism too has been provided to ensure sorting of the grievances of aggrieved individuals within a fixed timeframe of 30 days or in cases where warranted even in less than that period. That is really commendable. In any case, there should remain no scope where the law could be misused which would result in denying any right or benefit to an individual which one was otherwise duly entitled to.
Since the main problem is that of the means of livelihood to these persons, in the absence of which a reasonably dignified life lived and a sense of security cannot be expected to be felt, it becomes abundantly incumbent upon the designated officers to identify such vacancies in Government Departments and establishments at regular stipulated intervals which are exclusively reserved for them and in a transparent manner and by employing all modes necessary to reach the targeted group the full details of such vacancies with reservation, necessary advertisements etc may be made. Not only that, a thorough periodic review of the manner and the ways of identifying the vacancies etc in Government Departments and establishments all to the benefits of the persons with benchmark disabilities must be made which otherwise is sufficiently provided for in the Act.
There can be instances where in those areas, schemes and programmes of Jammu and Kashmir, where some members of the targeted population may not find themselves entitled to, for that purpose a Union Territory Fund proposed to be created makes the entire issue taken care of more or less thoroughly. How to utilise the fund, care is needed to be exercised which we hope will be utilised exclusively for the purposes purported to be decided but all in favour of the identified individuals. Again, we would impress upon the implementation mechanism to be responsive and live up to the expectations of the persons under reference. We appreciate the decision of designating nodal officer in each Chief Education Office of the Department of School Education to deal with issues of education of the children with benchmark disabilities, developing training courses as also training teachers in Braille sign language which would go a long way in promoting education in the children of the group. Despite Acts and Rules in operation, we would reiterate that it is again the question of the mindset and the extent of empathy that is required in dealing with issues where we are expected to walk a step further which means there should be ‘nil’ complaints from any of the members from the group so far as protecting their rights are concerned.
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