State to ensure guardians for persons with disabilities

Pradeep Sharma
Tribune News Service
Chandigarh, March 24

To ensure the welfare of persons with disabilities (PwDs), the state has framed some rules. A dedicated fund for the PwDs, an institutional mechanism at state and district levels and the concept of limited guardianship for the welfare of the disabled persons are the highlights of the new policy.

Framed under the Rights of Persons with Disability Act, 2016, the Haryana Rights of the Persons with Disability Rules, 2019, seek to put an end to the exploitation of the PwDs and strive for their welfare.

A special feature of the new rules is the appointment of “limited guardian” for personal care of persons with disability. Among other things, the limited guardian will ensure right to life, food, clothing and shelter, religious needs, education, skill development, employment, healthcare, leisure, recreation, protection from exploitation, and human rights to the PwDs.

The rules state that the limited guardianship would not be permanent in nature and would be replaced by permanent guardianship within a period of one year.

“It shall be legally binding on a person appointed as a legal guardian to keep the interest and well-being of the person with disability foremost while taking legally binding decisions on his behalf,” read the notification issued by Shrikant Walgad, Secretary, Department of Social Justice and Empowerment.

A dedicated fund for persons with disability, which would receive grants-in-aid from the state and Central government, funds from the corporate social responsibility (CSR) initiatives and voluntary contributions, has been set up. An executive committee, under the chairmanship of the Secretary, Social Justice and Empowerment Department, has been constituted to manage the fund which will be spent for various welfare measures of the PwDs.

Besides, a state commissioner will be appointed to coordinate various welfare activities for the disabled. An advisory committee, with representation from NGOs, experts, doctors, educationist (PwD) and women, will advise the state government on formulating polices for such persons.

A district-level committee, under the deputy commissioner concerned, will supervise the activities of various NGOs engaged in the welfare of the PwDs besides implementing the decisions of the state government at the grassroots level.

Meanwhile, a Committee for Research on Disability with an eminent person having vast experience in medical or psychological research in the field of disability, three government nominees and five non-governmental representatives, will also be constituted under the rules.

Role of limited guardian 

• A limited guardian is an authorised person or institution that can take decisions on behalf  of a disabled person
• The limited guardian can be the parents or a relative (in the absence of parents) of the person with disability
• In case, there is no close relative, any NGO can be appointed as a limited guardian
• The DC will be the competent authority to take decision in case of any dispute over limited guardianship