Last Change:

12/26/2024

The Rights and Protection of Persons with Disabilities Act

Year: 2013

Type: Domestic law

Rights Category: Education, Health, Liberty & security of person, Social protection

Description

The law defines different types of Disability with definition.Section 16 contains provisions ensuring full realization of the rights of the persons with disabilities. It ensures non discrimination in almost every sphere of life including-access to justice, education, health, work, inheritance and so on. As section 16 mentions that persons with disabilities have the right to acquire NID, enlisted in the voter list and have the right to vote and take part in the election other than the civil and fundamental human rights granted by the constitution. Hence, it is not clear whether this act can be applicable for the refugees. Nevertheless, there’s not specific definition on 'who is a citizen' or does not say the law cannot be applicable to non-citizens.

Selected provisions
Section 2: Definitions

In this Act, unless there is anything repugnant in the subject or context,-
(2) "inclusive education" means the study of students with disabilities along with students with non-disabilities in educational institutions;
(9) "disability" means the long-term or permanent physical, mental, intellectual, developmental or sensation impairment or hardship of any person due to any cause and the mutual effect of attitudes and environmental barriers on that person, due to which that person is impeded in full and effective participation in the society on the basis of equality;
(10) "persons with disabilities" means any person with any kind of disability as described in section 3;
(11) "rights of persons with disabilities" means any one or more rights referred to in section 16 and any other rights, human rights or fundamental rights mentioned in any other law for the time being in force or in any document having the force of law relating to the rights of persons with disabilities;
(12) "organization of persons with disabilities" means any organization formed and operated for protecting the welfare and interests of the persons with disabilities by the persons with disabilities themselves or by their parents or legal guardians on behalf of persons with disabilities who are unable to express their rights;
(13) "accessibility" means the right of every person with disability to have equal access to, and get equal treatment in, all facilities and services available to the public, including physical infrastructure, transport, communication, information, and information and communication technology;
(14) "reasonable accommodation" means necessary and appropriate modification and adjustment without imposing unsuitable or excessive burden, which ensures the enjoyment and exercise of the rights of persons with disabilities in certain cases on the basis of equality with others;
(16) "Bangla sign language" means the Bangla sign language, developed for hearing-impaired and speech-impaired persons, which is derived from their own culture and is as dynamic and changeable as any other language;
(17) "access to justice" means the right of a person with a disability to participate equally in all legal proceedings, such as lodging a complaint, inquiry, adducing evidence, investigation and trial, with procedural and age-appropriate privileges;
(19) "special education" means the educational activities conducted by a residential or non-residential educational institution under special management consistent with the nature of disability, which is similar to mainstream education and where special care and attention along with remedial measures exist;
(20) "discrimination" means unfair treatment of persons with disabilities compared to ordinary people and one or more of the following activities shall include such unfair treatment, namely: -
(a) deprivation of the rights of persons with disabilities;
(b) partisan behaviour;
(c) refusal to provide any facilities or benefits due to disability or providing less facilities; and
(d) any other activities prescribed by the Government;
(21) "braille" means the alphabet invented for the use of a visually impaired person;
(25) "integrated education" means education system under special management in a mainstream school suitable for students with disabilities consistent with the nature of disability;
(26) "community-based rehabilitation" means development efforts of the persons with disabilities within the community itself without keeping them in any isolated institution with a view to ensuring their participation in all activities of the society;
(27) "protection" means, without restraining the general meaning, any activity mentioned in the Schedule;
(28) "equal recognition before the law" means equal legal recognition of the persons with disabilities everywhere as persons and enjoyment of equal legal capacity in all spheres of their lives;
(29) "self-help organization" means any organization formed and run for the protection of the welfare and interests of persons with disabilities or their families.

Section 3: Types of disability

For carrying out the purposes of this Act, considering the differences in physical, mental, intellectual, developmental, sensory impairment and adversity of persons with disabilities, the types of disability shall be as follows, namely:-
(a) autism or autism spectrum disorders;
(b) physical disability;
(c) mental illness leading to disability;
(d) visual disability;
(e) speech disability;
(f) intellectual disability;
(g) hearing disability;
(h) deaf-blindness;
(i) cerebral palsy;
(j) down syndrome;
(k) multiple disability; and
(l) other disability.

Section 4: Autism or autism spectrum disorders

The persons in whom the symptoms mentioned in clauses (a), (b) and (c), among the following symptoms, are clearly present and one or more symptoms mentioned in clauses (d), (e), (f), (g), (h), (i), (j) ) and (k) are observed shall be regarded as the persons with autism or autism spectrum disorders, such as:-
(a) weakness in verbal and non-verbal communication;
(b) difficulties in social and interpersonal behaviour, communication and imaginative work;
(c) repetition of similar or certain types of acts or behaviours;
(d) more or less sensitivity to hearing, sight, smell, taste, touch, pain, balance and movement than others;
(e) intellectual disability or any other disability or convulsion;
(f) extraordinary skill in one or more specific subjects and inequality of development in the same person;
(g) keeping no or less eye contact;
(h) excessive agitation or excitement, inconsistent laughter-crying;
(i) unusual physical gestures;
(j) extreme inclination to follow the same routine; and
(k) any other characteristic as may be prescribed by the Government, from time to time, by gazette notification.
[Explanation: Autism is such a complex impediment to the normal development of the brain which noticeable from one year six months to three years after the birth of a child. People with such disabilities usually do not have any physical problems or defects and their physical look and appearance are like other healthy and normal people. In many cases, such people show special skills in many complex subjects, including drawing, singing, computer operation, or mathematical solutions.]

Section 5: Physical disability

A person possessing one or more of the characteristics mentioned in the following clauses shall be regarded as a "person with physical disability", namely: -
(a) not having one or both hands or legs; or
(b) any hand or leg is fully or partially numb or the structure thereof is such defective or weak that causes partial or complete disruption of the day-to-day normal performance or ordinary movement of it or ability to use; or
(c) permanent physical imbalance due to neurological disorder.

Section 6: Mental illness leading to disability

A person with schizophrenia or similar psychiatric problem, such as clinical depression, bipolar disorder, post-traumatic stress, anxiety or phobia, which disrupts a person's daily life, will be regarded as a "person with a mental illness leading to disability".

Section 7: Visual disability

A person with one or more of the characteristics mentioned in the following clauses shall be regarded as a "person with visual disability", namely:-
(a) complete blindness:
(i) not being able to see at all with both eyes; or
(ii) visual acuity is less than 6/60 or 20/200 even after using proper lens; or
(iii) visual field is 20 degrees or less than that;
(b) partial blindness, namely: - not being able to see at all with one eye;
(c) low vision:
(i) partial or low vision in both eyes; or
(ii) visual acuity is between 6/18 or 20/60 and 6/60 or 20/200 even after using proper lens; or
(iii) visual field is from 20 degrees to 40 degrees.

Section 8: Speech disability

A person with one or more of the characteristics mentioned
in the following clauses shall be regarded as a "person with speech disability", namely:-
(a) not being able to speak at all;
(b) limitation on arranging the necessary words in general conversation and on clear accent required for proper expression; or
(c) problem in word formation and pronunciation due to defect with the vocal cord and voice tone or speech process, congenital defects, impairments or limitations; or
(d) limitation on speaking without interruption, such as stuttering due to the problems, errors or impairments concerning the process of speech.

Section 9: Intellectual disability

A person with one or more of the characteristics mentioned in the following clauses shall be regarded as a "person with intellectual disability", namely:-
(a) significant limitations in age-appropriate activities; or
(b) limitation in intellectual activity, such as causal analysis, learning or problem solving; or
(c) limitation in day-to-day work skills, such as communication, selfcare, social skills, self-management, health and safety, education, etc.; or
(d) less than normal levels of intelligence quotient (IQ).

Section 10: Hearing disability

(1) A person unable to hear the sound intensity below 60 decibels shall be regarded as a "person with hearing disability".
(2) The types of hearing disability shall be as follows, namely: -
(a) complete deafness: absolutely unable to hear in both ears; or
(b) partial deafness: absolutely unable to hear with one ear; or
(c) hard of hearing: partial or less hearing or sometimes not hearing in both ears.

Section 11: Deaf-blindness

(1) A person who has a partial or complete hearing and visual impairment simultaneously and encounters difficulties in communication, development and learning therefore, shall be regarded as a "person with deaf-blindness".
(2) The types of deaf-blindness shall be as follows, namely:-
(a) moderate to severe hearing impairment and significant visual impairment;
(b) moderate to severe hearing impairment, significant visual impairment and any other disability;
(c) problems with the sensory processes of vision and hearing; and
(d) gradual deterioration of vision and hearing.

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