The Rights of Persons with Disabilities Bill 2011

India today took a huge leap forward towards guaranteeing equality and non-discrimination to more than 70 million of its disabled as a government committee appointed to draft a new law for the sector submitted a groundbreaking disability legislation that provides legal mechanisms to enforce civil and political rights of the persons with disabilities.
The Rights of Persons with Disabilities Bill 2011,  specifies, for the first time, criminal sanctions for acts of omission and commission against the disabled; bars discrimination on grounds of disability and proposes enhanced job quota for the disabled from 3 to 7 per cent in all establishments. The quota is to be distributed among seven listed categories of the disabled.
Twenty forms of disability, including intellectual disabilities, thalassemia, dwarfism and hemophilia, are covered by the new law (against seven currently covered), which proposes a National Disability Regulatory Authority to prescribe standards on accessibility and rules for service providers. The law says no new building plan can be passed unless it meets accessibility norms; existing government buildings will have to become accessible in three years of the law’s enforcement and other public buildings will get five years.
Non-compliance will result in suspension of water, electricity supply to buildings; cancellation or suspension of builders’ licence or fine up to 5 per cent of the building’s market value or a combination of all.
Separate chapters have been dedicated to the rights of disabled women and children and penalties prescribed for violation. All disabled children (0 to 18 years) will be entitled to the Right to Education though the RTE Act covers those from 6 to 14 years.
The Bill further replaces the existing concept of plenary guardianship with limited guardianship, which means all guardians of persons with disabilities will be legally obliged to consult them to arrive at legally binding decisions.
The law prescribes severe penalties - 6 months to 8 years in prison and fine for wilfully injuring a person with disability; up to seven years and fine for wrongful medical practises that cause infertility and up to 10 years for forceful termination of pregnancy. For general violations, a penalty of 6 months and Rs 50,000 fine is proposed.
The new law is in accordance with the UN Convention on Rights of Persons with Disability, which India ratified in 2007.