The definition of "government" has emerged as a roadblock in the implementation of the rules under the Rights of Persons with Disabilities law in Delhi.
The law department has informed the AAP administration that the term "state government" has not been defined in the Act, which was passed by the Parliament in December 2016.
The government has now approached Lt Governor Anil Baijal, who is the administrative head of the national capital as per the prevailing constitutional arrangement, to give necessary approvals so that the rules under the Act can be notified, Social Welfare Minister Rajendra Pal Gautam said.
Following LG's approval, the government will write to the Home Ministry to issue a notification empowering the LG to notify the rules in his capacity as the "government", a note circulated by administration said.
"The Leader of Opposition Vijender Gupta has tried to mislead people by claiming that the state government is deliberately delaying the process when the fact is we do not have the requisite powers to notify the rules," Gautam said.
As per Census 2011, there are over 2 lakh disabled persons in the city, which includes only seven categories of disability listed in the earlier Act, which has now been increased to 21.
The new categories include mental illness, autism spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, multiple sclerosis, speech and language disability, thalassemia, hemophilia, sickle cell disease, multiple disabilities including deaf blindness, acid attack victims and Parkinsons disease.
According to the Act, assaulting, insulting, intimidating, denying food to a person with disability or sexually exploiting a disabled woman and performing a medical procedure on such women without consent which may lead in termination of pregnancy will draw a jail term up to five years once the law is passed.
Any person who contravenes any provision of the act will be punished with a maximum fine of Rs 5 lakh.
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