In a contentious move, the Government was mulling decriminalisation of “minor offences” enshrined in the Rights of Persons with Disabilities Act, 2016. However late at night, the Government shelved the plan. The earlier plan was, the Government contends, to improve the ease of doing business and subsequently increase foreign investment in the country.
The plan had offended the disability sector which termed the move as ‘apathetic’, ‘hurtful’ and an ‘attack on their dignity’ as well as rights to live a dignified life. Last month, the Union Ministry of Social Justice and Empowerment wrote to over half-a-dozen NGOs a letter titled “Decriminalisation of Minor Offences For Improving Business Sentiment And Unclogging Court Processes – Amendment in RPwD Act, 2016”. Intriguingly, it gave just 10 days to these NGOs to provide their feedback.
As per the letter, “Decriminalisation of minor offences is one of the thrust areas of the Government. The risk of imprisonment for actions or omissions that aren’t necessarily fraudulent or the outcome of malafide intent is a big hurdle in attracting investments.
“The ensuing uncertainty in legal processes and the time taken for resolution in the courts hurts ease of doing business. Criminal penalties including imprisonment for minor offences act as deterrents, and this is perceived as one of the major reasons impacting business sentiment and hindering investments both from domestic and foreign investors.”
The proposed Section 95A of the Act would effectively allow Chief or State Commissioners to withdraw cases after the approval of the defender, or the aggrieved, explained Dr Satendra Singh, a Delhi-based disability rights activist and member of the organisation Doctors with Disabilities.
He said, “Violation is a very subjective term. What might look to you as a petty violation, for instance slapping or using offensive words might leave another person in depression or attack on his/her dignity.”
Moreover, what is enshrined in the legislation as our rights cannot be taken away so easily, he asserted adding the Ministry’s move is a fit case of violation of human rights.
Wheelchair-bound Meenu Mani who is suffering with cerebral Palsy too agreed. “Many times we are left hurt when someone makes causal remarks or laughs at our disabilities when in the queue or eating at hotels. these are just a few small instance where our sentiments are easily violated”
In fact, it was in the wake of such daily discrimination that the RPWD Act was passed in Parliament ensuring legal rights to the PwDs against discrimination. As per the Section 89 of the Act: “Any person who contravenes any of the provisions of this Act, or of any rule made thereunder shall for first contravention be punishable with fine which may extend to ten thousand rupees and for any subsequent contravention with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees”.