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
(1) Notwithstanding anything contained in any other law for the time being in force, the head or authority of an educational institution shall not, in spite of having other qualifications, reject the application for admission only on the ground of disability.
(2) Notwithstanding anything to the contrary contained in any other provision of this Act, if the head or authority of an educational institution makes any discrimination in connection with admission under sub-section (1), the victim of discrimination may lodge a complaint with the concerned committee.
(3) Upon receiving any complaint under sub-section (2), the committee may, after giving an opportunity of appropriate hearing to the head or authority of the educational institution concerned, if it deems fit, give direction for admission of the concerned person with disability and, if necessary, make recommendation to the authority controlling the institution for taking necessary action against the head or authority of the educational institution.
(1) Notwithstanding anything contained in any other law for the time being in force, the Building Construction Act, 1952 (East Bengal Act II of 1953) and the rules made there-under shall be followed to ensure the accessibility of persons with disabilities to public establishments.
(2) Notwithstanding anything contained in sub-section (1), all such existing public establishments accessible by public shall, as soon as possible and as far as possible, be made the establishments suitable for the ascent, movement and use of persons with disabilities.
[Explanation: In this section, 'public establishments' means all public and private houses or buildings, parks, stations, ports, terminals and roads that are open for the public to access and movement.]
(1) Notwithstanding anything contained in any other law for the time being in force, a person with a disability shall not be deprived of, or discriminated against, or hindered from, engaging in any suitable work in accordance with the type of disability, in spite of his qualifications.
(2) If any question arises as to whether any work is suitable for a person with disability, the National Coordinating Committee shall give necessary instructions in that regard and the instructions given by the National Coordinating Committee in this regard shall be final.
(1) Notwithstanding anything to the contrary contained in any other provision of this Act, no person or institution or authority or body shall discriminate or behave discriminatory in respect of the rights of persons with disabilities.
(2) If any person or establishment or authority or organization shows any kind of discrimination or behave discriminatory with a person with disability or if he is injured by any act or abstain him from doing any work or by deprived of any of the rights mentioned in this Act, an application may be made to the concerned District Committee claiming appropriate compensation against the responsible person or establishment.
(3) In case of any application for compensation made under sub-section (2), the District Committee shall, if necessary, inquire into the matter and take hearing in accordance with prescribed procedure and issue orders within the time limit prescribed by it to the concerned person or organization with a view to eliminating the discrimination mentioned in that sub-section or implementing the right, as the case may be.
(4) If the discrimination mentioned in sub-section (2) is not eliminated or the rights are not implemented, as the case may be, within the time limit specified by the District Committee under sub-section (3), the District Committee may issue an order to the responsible person or organization for the payment of compensation upon determining the amount of compensation considering the extent of the victim's injury and the capacity of the responsible person or organization.
(5) If any person is aggrieved by any order made by the District Committee under sub-section (4), he may prefer an appeal to the National Executive Committee within the next 30 (thirty) working days from the date of issuance of such order:
Provided that if the National Executive Committee is satisfied that the appellant has not been able to prefer an appeal within that time for sufficient reasons, the Committee shall, in its discretion, accept the appeal within not more than 30 (thirty) days after the expiry of that time.
(6) The National Executive Committee shall, within 45 (forty-five) days after receipt of the appeal under sub-section (5), if necessary, after hearing the matter in the prescribed manner, issue the necessary order in favour of the appellant or, if not admissible, dismiss the appeal.
(7) The decision of the National Executive Committee given under sub-section (6) shall be final and binding on all parties concerned.
(8) If an order is made to pay compensation under this section, the responsible person or organization shall be obliged to pay the compensation to the applicant within the period specified in the relevant order.
(9) If any compensation payable under this Act is not paid within the stipulated time, it shall be recovered from the concerned person or organization in the manner in which the arrears of land revenue are recovered in accordance with the provisions of the Public Demands Recovery Act, 1913 (Act IX of 1913) and be paid to the person with disabilities.
(10) The National Executive Committee may request the concerned bank to freeze the bank account of the person, authority or institution concerned for facilitating recovery of compensation imposed under this Act.
(11) Notwithstanding anything to the contrary contained in this section, if any person is victim of disability due to negligence, overlook or any other act of any person or organization, a suit may be filed before the appropriate court for recovery of appropriate compensation against the person or organization directly or indirectly responsible.
(1) If any person obstructs or attempts to obstruct a person with disabilities from accessing protection of law, it shall be an offence under this Act and for committing the offence, he shall be punished with imprisonment for a term which may extend to 3 (three) years, or with a fine which may extend to Taka 5 (five) lac, or with both.
(2) If a person with disabilities is deprived of from his inherited property while distributing the inheritance estate due to his disability, it shall be an offence under this Act and for committing the offence, he shall be liable to imprisonment for a term which may extend to 3 (three) years, or a fine which may extend to Taka 5 (five) lac, or with both.
(3) If any person misappropriates any property of a person with disabilities, it shall be an offence under this Act and for committing the offence, he shall be punished with imprisonment for a term which may extend to 3 (three) years, or with a fine which may extend to Taka 5 (five) lac, or with both.
(4) If any person directly or indirectly gives negative, misleading and harmful impression about a person with any disability or about any disability or insult by using negative words in any publication and media including textbooks, it shall be an offence under this Act and for committing the offence, he shall be punished with imprisonment of 3 (three) years, or fine which may extend to Taka 5 (five) lac, or with both.
(5) If any person registers as a person with disabilities or obtains an identity card by providing false or baseless information, it shall be an offence under this Act and he shall be punished with imprisonment for a term which may extend to 1 (one) year, or a fine which may extend to Taka 10 (ten) thousand, or with both.
(6) If any person makes an identity card through forgery, it shall be an offence under this Act and for committing the offence, he shall be punished with imprisonment for a term which may extend to 7 (seven) years, or with a fine which may extend to Taka 5 (five) lac, or with both.