'Procedural lapse' leads to delay in Disability Act

The process for implementation of the Rights of Persons with Disabilities Act has been delayed by over a month after the Social Justice Ministry, "in a procedural lapse", tried to notify the rules before the Act came into force.
According to government sources, the ministry had finalised the draft rules on April 13 for implementation of the Act and had sent it to the law ministry for final approval, so that it could be notified.
"But, the law ministry pointed out that the rules cannot be notified as the Rights of Persons with Disabilities Act was yet to come into force," the source said.

On April 19, the social justice and empowerment ministry notified the Act in the gazette putting it into effect.
"Because of this procedural lapse, the entire process of seeking people's comments on the draft had to be repeated leading to over a month's delay," the source said.
The Act was passed by Parliament in its last winter session and then was sent to the president for his assent. After the nod from the president, the ministry had issued a gazette notification on December 28.

"However, a separate notification mentioning the commencement of the Act had to be issued, which was not done," the source said.

The disability department, however, framed the draft rules. After getting the law ministry's approval, it was put on the social justice ministry's website for a month from March 10 seeking people's feedback as per the procedure.
On April 13, the draft rules were finalised based on the recommendations received from public and it was also approved by the minister concerned.
"The draft rules were then sent to the law ministry which then informed that the Act was yet to be brought into force," the source said.
Now the draft rules have been again put on the www.Egazette.Nic.In for people to give their opinion on it.