Writer’s Cramp and the Rights of Persons with Disabilities Act 2016

Writer’s Cramp and the Rights of Persons with Disabilities Act 2016

Context: To ensure equal opportunity to persons with disabilities, the Supreme Court on Thursday asked the Centre to ensure framing of proper guidelines within three months to regulate and facilitate the grant of scribe facility to candidates whose nature of disability imposes a barrier to writing an exam.

Concept:

• The act is part of the state’s welfare efforts Article 41 of the Directive Principles of State Policy (DPSP) which states that State shall make effective provision for securing right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of its economic capacity and development.
• The court held that a civil services candidate with writer’s cramp – dysgraphia – was entitled to a scribe (overruling UPSC position that a scribe can be provided only if there was “benchmark disability” as set by the Ministry of Social Justice and Empowerment guidelines under the Act).
• The court applied the principle of reasonable accommodation as part of positive obligation of the State and private parties to provide additional support to persons with disabilities to facilitate their full and effective participation in society

About Writer’s Cramp

• It is a specific type of focal dystonia (neurologic movement disorder) that affects fingers, hand, or forearm.
• In this the brain sends incorrect information to the muscles, causing involuntary, excessive muscle contractions.
• It is a task-specific dystonia. It happens almost only when you perform a particular activity. Other highly skilled movements can incite focal hand dystonia — things like playing a musical instrument, typing or sewing.
• It is also known as musician’s cramp, focal hand dystonia, arm dystonia, finger dystonia.
• Symptoms usually appear between the ages of 30 and 50.

About the Rights of Persons with Disabilities Act, 2016:

• The Rights of Persons with Disabilities Act, 2016
• It replaced the existing PwD Act, 1995.
• Disability has been defined based on an evolving and dynamic concept.
• The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities.
• Speech and Language Disability and Specific Learning Disability have been added for the first time. Acid Attack Victims have been included. Dwarfism, muscular dystrophy have has been indicated as separate class of specified disability. The New categories of disabilities also included three blood disorders, Thalassemia, Hemophilia and Sickle Cell disease.
• Additional benefits such as reservation in higher education, government jobs, reservation in allocation of land, poverty alleviation schemes etc. have been provided for persons with benchmark disabilities and those with high support needs.
• Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
• Reservation in vacancies in government establishments has been increased from 3% to 4% for certain persons or class of persons with benchmark disability.
• The Act provides for grant of guardianship by District Court under which there will be joint decision – making between the guardian and the persons with disabilities.
• The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies and also monitor implementation of the Act.
• District level committees by the states to solve local concerns.
• National and State Fund will be created to provide financial support to the persons with disabilities.