After Tamil Nadu, Punjab and Delhi, now the Department of Social Welfare, UT Administration of Daman Diu (“Department”) has issued the Draft Delhi Rights of Persons with Disabilities Rules, 2019 (“Draft Rules”).

Background:

The Rights of Persons with Disabilities Act, 2016 (“Act”) received the President’s assent on 27^th December 2016 and is effective since 19^th April 2017.

India is a signatory to United Nations Convention on the Rights of Persons with Disabilities and has ratified this Convention on 1^st October 2007. The Convention lays down the following principles for empowering persons with disabilities —

• respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;
• non-discrimination;
• full and effective participation and inclusion in society;
• respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;
• equality of opportunity;
• accessibility;
• equality between men and women;
• respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

To implement this Convention, the Act and Rules are enacted.

According to Section 101. (1) of the Act, the State Government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act, not later than six months from the date of commencement of this Act.

Key highlights of the Draft Rules:

As per the Draft Rules, establishments will soon be required to comply with the following:

1. Publish an equal opportunity policy for persons with disabilities. The policy must be displayed on the website failing which it should be displayed at a conspicuous place in the premises.

1. On employing 20 or more employees maintain the following records:

1. the number of persons with disabilities who are employed and the date from when they are employed;
2. the name, gender and address of persons with disabilities;
3. the nature of disability of such persons;
4. the nature of work being rendered by such employed person with disability;
5. the kind of facilities being provided to such persons with disabilities.

1. Comply with the standard for public buildings as specified in the Harmonised Guidelines and Space Standards for Barrier Free Built Environment for Persons with Disabilities and Elderly Persons as issued by the Government of India, issued by the Ministry of Urban Development in March 2016.

1. That the websites of the establishments adheres to the website standard as specified in the guidelines for Indian Government websites, as adopted by Department of Administrative Reforms and Public Grievances, Government of India.

1. Ensure that the documents placed on their websites are in Electronic Publication (ePUB) or Optical Character Reader (OCR) based pdf format.

1. Cannot compel a person with disability to pay the cost incurred for reasonable accommodation either fully or partially. Reasonable accommodation includes necessary and appropriate modifications and adjustments to ensure that persons with disabilities exercise and enjoy their rights equally with others.

Source: Social Welfare Department, UT Administration Daman and Diu

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