ORIGINAL DRAFT (2011) after consultation Commencement latest one year after assent by the President Guiding principle

e to be the UNCRPD Right to equality and nondiscrimination, inter alia: 1. Had a proviso to the legitimate aim clause, stating that harassment, victimisation or the failure to provide reasonable accommodation could not be justified under the clause. 2. Stated that anything that had the effect of denying legal capacity would be discrimination 3. Brought any complaint of discrimination within the jurisdiction of the Disability Rights Tribunal 4. Stated that affirmative action would never constitute discrimination 5. Mandated that no person with disability would be required to pay for reasonable accommodation Pro-Active Interventions for Persons with Disabilities with Increased Vulnerability Specific set of provisions for women and children with disabilities (Sections 6-17); comprehensive cover health, education, leisure, access to justice, protection from violence, etc. Detailed section on universal legal capacity and equal recognition before the law. Mandates that any law (made by the legislature or executive) that denies legal capacity to any person shall cease to apply from when the Act comes into force.

MSJ&E DRAFT ( 2012) No upper limit

CABINET DRAFT ( 2013) No upper limit

Lists out guiding principles Removed the said proviso Removed clause on denying legal capacity amounting to discrimination Has no Disability Rights Tribunal

Does away with the concept Removed the said proviso Removed clause on denying legal capacity amounting to discrimination Has no Disability Rights Tribunal Removed provisions on affirmative action and reasonable accommodation. Instead says the appropriate government shalltake steps to utilise the capacities of persons with disabilities by providing appropriate environment

Section deleted

Remains deleted

Reduced to two sections stating that the appropriate government shall take all necessary measures to ensure full and equal enjoyment of rights. Retains the section entirely, but does away with the remedy.

Entire set of provisions deleted.

Deletes the first two clauses that declare that all persons enjoy legal capacity on an equal basis with others, and any law that denies it shall cease to apply. Has no remedy either (mostly because the Bill itself denies legal capacity).

Also has a section that provides a remedy in the form of a complaint before the Disability Rights Tribunal Replacement of plenary guardianship with limited guardianship does away with plenary guardianship across legislations

Retains section

Duty to provide support for the exercise of legal capacity: details the duties of appropriate authorities in this regard. Requires review of deemed limited guardianship. Two detailed sections on right to life and personal liberty.

Retains section without the review of the manner in which deemed limited guardianship is operating for persons with disabilities. Collapsed into one section with one clause on each. Changes the liberty clause to No person shall be deprived of his personal liberty only on the ground of disability the only is problematic Retains the section in the main, though condensing it.

Retains definitions but uses to do the exact reverse of the original section permits plenary guardianship when limited guardianship could not be awarded (no explanation as to when such a situation is said to arise and how it is to be reviewed/how a person is to get out of it). Does away with the operative part of the section; leaves the line about mobilising communities and creating social awareness. Does away with the right to life clause; keeps the liberty clause; retains the only

Right to live in the community: accompanied by a set of schemes that the appropriate government would have to implement to make the right realisable. Right to integrity: detailed, includes protection against degrading speech, testing for research against the persons will, etc.

Retains the bare minimum in the section, and does not speak of the right to live in a community and make choices on an equal basis with others. Has no right to integrity per se. Has provisions against cruel, inhuman and degrading treatment. Does away with the protection against degrading speech, but reinstates protections against unauthorised testing, etc. Differently formulated, but essentially the same as the MSJ&E draft

Protection from abuse, violence and exploitation; casts a positive duty on individuals to prevent the same, amongst other detailed provisions Protection of persons with disabilities in situations of risk: has detailed requirements including a duty on the armed forces to act in accordance

Shortens it to: Every person with disability has a right to respect for his or her physical and mental integrity on an equal basis with others. Culls out a separate section against cruel, inhuman and degrading treatment. Removes the duty on individuals, retains the rest.

Keeps the original section minus the research and training component.

Also removes the provisions relating to the armed forces as well as compensation and rehabilitation.

with HR obligations, as well as certain research and training requirements. Right to home and family: includes provisions that articulate the right of a person to marry without discrimination, the right to adopt a child on an equal basis as others, as well as mandates that persons shall not be denied custody or guardianship of their child on grounds of disability. Section on provision for disability-related needs in calculation of maintenance and alimony.

Reproductive rights: has a provision that provides penal consequences for the contravention of the section

Does away with all of those provisions; keeps the last two clauses: (1) No child with disability shall be separated from his or her parents on grounds of disability except on an order of competent Court if required in the best interest of the child. (2) Where the immediate family is unable to care for a child with disabilities, the competent Court shall make every effort to place such child within his or her extended family, and failing that within the community in a family setting. Deletes section on alimony/maintenance calculation. Does away with the penal provision (remedy) though the penal section remains in the draft

Further dilutes the provision by permitting sending a child being separated from her/his parents to shelter homes. Also deletes section on alimony/maintenance calculation.

Freedom of speech and expression: has a provision for punishment for hate speech (community service in organisations working with persons with disabilities). Right to political participation: categorically stated that no person with disability could be barred from voting if fulfilling requirements (and in case of institutionalisation, provision for postal ballot made); it also listed out common accessibility requirements

Does away with hate speech provision (though the penal section remains in the draft)

Does away with penal provision. Changes wording from No person with disability shall be subject to any medical procedure which leads to or could lead to infertility without their free and informed consent to No person with disability shall be subject to any medical procedure which leads to lead to infertility without their free and informed consent Does away with the section altogether

Does away with the provisions on suffrage for persons with disabilities regardless of existing laws on the subject; merely deals with accessibility.

Further dilutes the section to a declaration that the polling stations and electoral material must be made accessible.

Access to justice: articulated the right of a person to use whatever means of communication required to access the justice system as well as accessibility and training requirements.

Keeps the core of the section but removes the provisions on means of communication as well as accessibility and training. No obligations on police.

Further deletes provisions.

Removal of any teeth in terms of bodies that have concrete powers; created some advisory board and a commission and did away with the tribunal (special fast track court could be set up). Only recommendatory powers for commissions.

Gets rid of several penal provisions; permits termination of pregnancy without the express permission of the woman.