MEESSAGES BY DATE ASCENDING ORDER MESSAGE 1 of 3 Amba Salelkar <amba.salelkar@inclusiveplanet.org.in> Fri, Jan 24, 2014 at 2:15 PM Reply-To: flight-wethepwd@googlegroups.

com Hi everyone, This is a preliminary draft, and I seek inputs from the entire sector on other p ossible instances of UNCRPD compliance, non-compliance or violations, if any. Th is document was prepared in a very short time frame, and so any errors factual, grammatical, of any nature should be pointed out, for which I will be grateful. There is an introduction explaining our reasoning behind adopting the approach t hat we have adopted. If you would like to support this document or take it forward, please do let me know. Please note however, that this is a draft. We will finalize the document b y the 27th of January, 2014, at 5pm. You can can me on 9884045265 for comments a lso any time. In the meanwhile however, if you would like to, please feel free to quote from t his draft, circulate it, translate it in any manner as you please. It would be a ppreciated if the Inclusive Planet Centre for Disability Law and Policy could be credited in any such endeavour. Big shout out to Jo, Pavan and the DRA for egging me on to do this! Best, Amba --Inclusive Planet Centre for Disability Law and Policy 12/21, Custain Beach Road, Santhome, Chennai, INDIA 600004 +914424611313 ---www.inclusiveplanet.org.in ===============================================================================

MESSAGE 2 of 3 ---------- Forwarded message ---------From: Amba Salelkar <amba.salelkar@inclusiveplanet.org.in> Date: Sat, Jan 25, 2014 at 8:05 AM Subject: [flight-wethepwd:1176] Re: Inclusive Planet Comments on the Draft Bill Sorry - I think I may have made an error with Article 24, on education - since t he Constitution guarantees a Right to Free and Compulsory Education there can be no derogation from that even with a "non obstante" clause. So the Section which says "not withstanding anything contained in the right to education act 2009, a ll children with benchmark disabilities will be entitled to free education from the age of 6 to 18" will not impede compulsory education from age 6 to 18. Have made changes in the document to reflect that.

However, and I would like some feedback from people working on education on this - this just occurred to me: There is also an issue here with regard to the age cap. At times, on account of disabilities, children may lose years of their lives in treatment and therapy, s omething that Reshma has pointed out repeatedly. Other children may not be able to clear the education process by the age of 18. This blanket determination of a ge amounts to a lack of provision of reasonable accommodation of an individual's requirements. Of course, the new Bill removes the requirement for "reasonable a ccommodation" which is another issue altogether. Does this merit a discussion? ================================================================================ MESSAGE 3 of 3

---------- Forwarded message ---------From: Amba Salelkar <amba.salelkar@inclusiveplanet.org.in> Date: 26 January 2014 23:49 Subject: [flight-wethepwd:1203] Re: Inclusive Planet Comments on the Draft Bill Hello everyone, Here is today's draft of the document. There have been changes to the Section on Article 24 (Education) as well as the addition of Article 9 (Accessibility) on which there have been severe violations and it is reduced to an absolute nullity - the requirements are one only physical access and are limited to establishmen ts, which is defined as Government owned/partly owned buildings. "Service Provid er" is not defined under the Bill. Thanks Ketan for the pointers on Article 9. Indeed it is a terrible violation. T hanks for providing the screen readable version to Mr. Manocha because I could c ut-copy-paste from it, I had to manually type extracts from the other Articles a ll this while! Thank you for reading it, I know it is a long piece. Amba. ================================================================================ =