दिव्यांग व्यक्तींसाठी
महाराष्ट्र राज्य धोरणाचे उद्दिष्ट दिव्यांग व्यक्तींना समान संधी आणि अधिकार
सुनिश्चित करणे हे आहे. त्यामध्ये प्रतिबंध, लवकर शोध,
हस्तक्षेप, शिक्षण, कौशल्य
विकास, रोजगार, सामाजिक संरक्षण आणि
बरेच काही समाविष्ट आहे. दिव्यांग व्यक्तींसाठी सर्वसमावेशक शिक्षण, कौशल्य निर्मिती, रोजगाराच्या संधी आणि सामाजिक
एकात्मता यावर धोरणात भर देण्यात आला आहे. हे आरोग्य, कायदेशीर
क्षमता, सुलभता, पुनर्वसन सेवा आणि
अपंग महिला आणि मुलींच्या सक्षमीकरणाशी संबंधित समस्यांचे निराकरण करते. सर्वांगीण
विकास आणि समाजात दिव्यांग व्यक्तींचा समावेश करण्यासाठी अर्थसंकल्पीय वाटप,
अंमलबजावणी यंत्रणा आणि देखरेख फ्रेमवर्कची रूपरेषा धोरणात आहे.
MAHARASHTRA STATE POLICY FOR PERSONS WITH DISABILITIES
1.
INTRODUCTION
The
Constitution of India ensures equality, freedom, justice and dignity of all
individuals and mandates an inclusive society for all including persons with disabilities (PwD)
The
Government of India signed UNCRPD and enacted Rights of Persons with Disability
Act 2016 that recognizes that persons
with disability are entitled to equal opportunities & rights to participate in the political, social, and
economic and self- development activities in all walks of life. In keeping with the developments at
the National and International level, the Government of Maharashtra has taken several initiatives to align with the national
agenda. This includes
formation of Action Plan 2001, School code for Special schools &
workshops, Guidelines for recognition of institutions serving PwDs etc.
This
policy initiative of Government of Maharashtra is logical progression of legal
framework and guidelines for development
of institutional infrastructure. The objectives of the policy are :
a.
Smooth and effective implementation of all legislations relating
to Divyangjan.
b.
Develop effective multi-sectoral coordination amongst concerned government
agencies to ensure early detection, inclusion in education, skill building and appropriate employment, social mainstreaming and
legal capacity for all Divyangjans.
c. Provide necessary budget allocation and required
provisions
d. Suitable regulatory mechanism for effective
delivery of services
to Divyangjans
e.
Avoid discrimination, exploitation
and exclusion of Divyangjan from all spheres of public life and delivery of services.
f.
Take suitable care of Divyangjan
with high support needs due to disability, family circumstances or
social exclusion.
2. Prevention, Early Detection, and Intervention for Developmental Delays
and Disabilities.
2(i) Prevention of Post-natal Development Delays Prevention is the key to reduce the incidences of disability cases among new
born. The Developmental delays are common in early childhood
and some of them can be prevented
by pre-natal care. 
a.
Therefore maternal health care, pre-natal, natal service and post natal care will be enhanced by further improving PHC, Rural
Hospitals, Sub District Hospitals, District Hospitals,
medical officer, health workers and birth attendants under National Health Scheme.
b.
Awareness campaign to encourage
pregnant and lactating women to avail institutional delivery facility and claim Rs 6000 under Pradhan Mantri Surakshit Matritva Yojana.
c.
Awareness campaign for rural based
pregnant women to avail free supply/ facility of vitamin supplements
and immunization by government PHCs
2(ii) Early Detection
of Development Delays among Infants and Children :
The
Developmental delays are common in early childhood
affecting at least 10 percent of the children
(as per Rashtriya 
Bal Swasthya Kalyan Karyakram official note). These delays if not intervened early may lead to permanent
disabilities including cognitive, hearing or vision
impairment.
a. The State will endeavor for early detection and management by creating awareness among the ASHA,
Anganwadi, Health workers, teachers
of Education Department and Special
school teachers and through District
Early Intervention Centers
(DEIC) in preventing these conditions to progress to its more severe and debilitating form, and thereby
reducing incidence of disability and
improving implementation of
Right to Education. The State
will also train the ASHA, Anganwadi and Health workers in methods
of screening children for disability.
b.
The State will support development of indigenous screening
and diagnostic tools
wherever required.
c. Community awareness shall be created
regarding role of early intervention and mothers/care givers
of divyang children
will be trained
for home based therapy.
d. Help
of the National institutes will be taken to decide what training is to be given
in Community awareness.
e. 
Necessary surgical interventions and implants wherever
recommended by medical
authorizes shall be facilitated by the state using Government
of India subsidy and state contribution and local bodies
funds from 3% budgetary allocation.
2(iii) Availability of Early
Intervention Services &
Awareness Creation :
Early intervention therapeutic services are not
available mainly due to shortage
or absence of professionals in
semi urban and rural areas.
a)
The Community Workers, and Mothers & care givers will be trained
as “Trans- disciplinary Workers”
for undertaking the work under guidance of therapists from district
hospital. The state will train paramedics or health workers in the above
curative areas under DEIC scheme. The assistance of NGOs and members of Civil society will be taken for creating a larger network of early
intervention services, and generating public awareness
regarding critical 
role of early detection and intervention in preventing or reducing the impact of a disabling
condition
b)
The state will also promote use of time-tested and beneficial child nurturing and parenting
practices such as breast feeding, water therapy, massage, appropriate nutrition and mother-infant interactions for
physical and mental development of the child during early
years and specially during infancy. In addition, physical activities
such as yoga, dance and movement with music, swimming
and adaptive physical
education have produced good results in development of
motor, social, and cognitive skills of children with disabilities. 
Preventive immunization has also helped.
c)
The District Collector, CEO Zilla
Parishad and Municipal Commissioner and Chief Officers of local bodies will provide
3% budgetary allocation in new District
Planning & Development Committee (DPDC) schemes,
for this purpose.
The State will also endeavor
to spend increasing amount on this component, realizing
that small fund allocated
at this stage can in fact save a lot of public expenditure at later stage and
also ensure better integration of the Divyangjan.
3. Education
3(i)
Inclusive Education 
:
The state will give priority to inclusive education for divyangjan children and only those with high support
needs in terms of cognitive, behavioral or neuro disability shall be catered
for special education.
a)
The Sarva Shiksha Abhiyan provides
for special resources for education of Divyang
students with emphasis on inclusive education for their scholastic as
well as overall personality
development. A special awareness drive among parents of Divyang children will be undertaken for effective implementation of Sarva Shiksha Abhiyaan.
b)
The Education department will
ensure that children with disability do not face any discrimination and barriers
in the school for which measures to sensitize fellow students,
teachers and school administrators will be initiated. Divyang Children will receive
reasonable accommodation as
per their needs.
c)
The State Education Department will
ensure that all government, government aided and private schools will train existing teachers. At least one
special education teacher to be provided
for each school for exclusive support of divyangjan students. The voluntary services
of Parents / Community workers
for assisting the teacher will be encouraged.
d)
Regular school teachers will be
encouraged to equip themselves in the area of disability through Open and distance learning mode recognized by
Rehabilitation Council of India (RCI).
e)
The state would also ensure that
students with disability receive appropriate support viz academics, class room support, accessibility to school
facilities, examination writer and extra
time, adaptation of curriculum and
aids and appliances to meet the needs
of Divyang Children etc. within framework of Sarva Shisksha Abhiyan.
f)
The State will encourage inclusive
education of children who have visually impairment (including low-vision), hearing
impairment, loco-motor disability, mild intellectual disability, high functioning autism, slow
learning ability, learning disability, and high functioning cerebral palsy in order to build their competencies and provide equal scholastic
opportunities. For this services of Parents and Community workers will be utilized
on honorarium basis.
3(ii) Special Education through
schools and workshops :
Wherever the special needs of Divyangjans cannot be
met in inclusive environment the Divyangjan students shall be provided with
special education under provisions of Right of
Children to Free & Compulsory Education Act 2009. Lower functioning Mansik divyang children (Intellectually Disabled, Autism
and Multiple Disabled) and children with high support needs will continue
to receive special
education that would emphasize on building their proficiency
on activities of daily needs, working on their behavioral and emotional needs, personal
mobility and community
support. The objective
will be to enable children
with intellectual disability or those with high support needs, to attain their maximum potential
with in the connotation
of education for all children.
a)
Special schools will be encouraged to provide pre-school training to students
for inclusion in mainstream schools
especially in the case of blind, hearing
impaired and neuro development disabilities. The performance of these special
schools will be judged by number of students integrated successfully for inclusive education.
b) Children
with low functional levels may continue in special schools for which state will provide necessary provisions under Right
to Compulsory Education Act. Special schools
may focus on functional literacy skills, pre vocational skills, and
children will be given an option of
Rajiv Gandhi open School to complete the school education up to the standard 10th.
c) In
all special schools with hostel facilities and aided by the government the
first priority for admission will be
for divyang children who are orphan, destitute or not being looked after by parents, followed by children with Intellectual Disability, Autism, multiple
disability and children with high support needs.
d) The
next priority will be to children below 5 years who have been detected early for disability
and who need to be given the necessary training and early intervention so that
the utmost benefit can be got in
the early developmental phase in view of the neuroplasticity that they have. To facilitate their coming to the special schools, appropriate
day care models will be given
preference wherein the mothers will be encouraged to come along with the child so that she is also trained in
the process of education of the child.
e) For
those unaided institutions wanting to have special schools by using
donations/CSR or their own resources,
the state will encourage them to do so and monitor their performance and quality.
f) The
State will display on its Disability web portal about facilities that are
available in the State for purpose
of Special education and Inclusive education resources in the state.
g) Children with hearing impairment will have universal
accessibility for sign language. Special schools for children with hearing
impaired may adopt sign language as mode of communication
and medium of instructions for teaching. However, every effort will be made to have children below five years to learn to speak with hearing aid and later develop
reading and writing skills at par with their peers so that they are
integrated in inclusive education at the
earliest.
h)
The state shall prepare a master
plan based on broad census figures for even distribution of special education facilities in each
district. This master plan will be the base for sanctioning or de-sanctioning state aided special
schools in the districts, or for mobilization of the resource teachers.
i) The
special workshops for the disabled will be modified in keeping with the latest
trends in skill development and
habitation and rehabilitation and those workshops which do not comply with
the changes will be closed.
j) There
will be a model school representing major disability in every division
(excluding the orthopedic since
most of the children with this disability should avail inclusive education). The Government
will empower such schools to become school of excellence.
3(iii) Higher Education : The Government shall involve schemes to facilitate higher education by students with disability in every
stream. The universities and colleges in the state would have necessary aids and appliances
for higher education of PwDs.
a)
The State shall encourage
colleges and University Departments that are conducting Teacher Education Programs to prepare
teachers to work with children with disabilities. The School Education
Department will provide
information about such professional courses
in order to attract young people
to enroll in the courses.
b)
The State shall support the
establishment of Centre for Disability Studies in the state universities. The Centre for Disability
Studies will conduct Post Graduate courses in
various streams, in addition to undertaking research and development
work.
c)
With a view to encourage and
facilitate higher education of PwDs belonging to the rural areas the state shall reserve
5% seats in residential hostel at concessional rates for students with disability, domiciled
in rural areas.
3(iv) Other regulatory issues in education:
a.
The state
government would facilitate:-
1.
Appointment of at least one parent/ guardian of
children with disability among the members
of the school management committee established under section 21 of the Right of
Children to Free & Compulsory Education Act 2009.
2.
Ensure and monitor the admission, attendance and
completion of elementary and secondary education of child with disability.
3.
Establish requisite study in the teachers training
curriculum such that they are equipped
to understand and cater to the general needs of students with disability in their class
4. Provide reservation for students with disability in undergraduate and postgraduate courses, horizontally among all general and reserved categories of admissions.
5. Fee concession for higher education of Divyang students.
b. The Maharashtra School Code 1997 will be
revised to incorporate the principles of inclusive education, emerging curriculum/
standards of education for students with disability, assisted devices,
and technology as educational aid.
c.
The expenditure on education
through special schools will be
kept up to 70% of the
budget so that other
intervention measures, especially the early interventions and direct benefit transfer
schemes are given better
budgetary allocation.
4(i) Skill Development
& Accreditations : The state shall facilitate imparting of skills through convergence of existing centers
and establish centers
where none exists for persons
with disability or for
specific disability.
a.
The districts shall have work
centers where persons with disability in the rural areas can be imparted necessary skills in agro
vocations, domiciliary occupations and support their creativity.
b.
Skill building courses will be
based on industry driven curricula and pedagogy which will also support self-employment. These
job-oriented eLearning courses can reach thousands of students with
disability through the universal IT platform.
c.
For persons with intellectual or ASD disability the state shall encourage parent organizations
and NGOs to operate Vocational training and skill building centers. Such centers shall develop vocational skills as
well as behavioral and emotional skills among
their trainees appropriate for employment in supported workshops or open
employment facilitated by mentors.
The mentors for facilitating open employment shall be considered part of skill
building initiative and training programs
shall be developed for mentors.
d.
The State shall support the
accreditation of skill building courses conducted by NGOs as specified
by Skill Council
for Persons with Disability (SCPwD)
for each type of disability. The accreditation will be done by a selected Govt. agency involved
in providing vocational and skill building programs.
e.
For persons with intellectual disability and Divyangjan with high support
needs there shall
be no age bar for continuing training
in the vocational centers. The persons with high
support needs will continue to acquire skills appropriate to their daily living
with dignity.
f.
The Divyangjan shall be provided
fee concession for skill building training and provided with appropriate
means of transport for accessing
the skill building institution.
g.
The government will collaborate with industry for apprenticeship for Divyangjan and their further employment.
4(ii) Employment : Employment is the best means of providing dignity, self-confidence
and respect for Divyangs. Therefore
the state would ensure equal opportunities to Divyangs in the matter
of employment in public and private institutions.
a. The
state would prepare a job identification list within 6 months of adoption of
this policy as per Section 32 and
provide reservation as per Section 33 of Rights of Persons with Disability Act 2016. However,
the job reservation list will not deny right to employment to any Divyang
if he is otherwise qualified in all respect for a job.
b.
The appointment of divyang as per
reservation provision in the PWD Act shall be effectively monitored by the BC cells in all offices,
by Appointing authority and also cross verified by the State
Commissioner Disability.
c. The
job reservation will be also applicable in employment guarantee schemes
operated bt the state. The data of such employment and vacancies for Divyangs shall be put in the government website
for transparency and adherence
by government and local
bodies.
d. All jobs created in the industry
or establishments where the state provides land or amenities
at concessional rate shall agree
to the provisions of Rights
of Persons with Disability 2016 for providing employment to Divyangjan.
4(iii) Encouraging
Entrepreneurship: Self employment &
Entrepreneurship is best form of employment and act as an engine for employment generation
in unorganized sector.
a. The
state shall formulate schemes and programs including provisions of loans and
subsidy in repayment of interest to facilitate self-employment of Divyangs and include it in its Employment and Self-employment policy.
b.
MSHFDC shall coordinate with the
government to fulfill target for Divyangs in the self- employment schemes.
c. In
accordance with Section 36C of Rights of Persons with Disability Act the state
and local authorities shall provide
preferential allotment of land at concessional rate as and when available for setting up factories and
sheltered workshops by Divyang entrepreneurs or parent of persons with intellectual disability. The same will be
applicable where the state carries out Industrial Cluster Development and Special Zones for specific
industry.
d.
The state government and local
governments shall provide self-employment and financial support to persons
with high support
needs as unemployment allowance in addition
to applicable pension.
Similar allowance shall be applicable to all persons with intellectual disability living in state run group homes
in addition to other budgetary provisions available for group homes.
e.
The state shall form divyangjan
friendly portals that would provide up to date information regarding
education and employment opportunities and guide them regarding
different government schemes and industry sponsored
on-job training.
5 Rehabilitation Services
5(i) Provision of Group Homes : All Divyangs should live a meaningful
life irrespective of the nature of impairment, age, place and family circumstances. In this respect
persons with intellectual disability are more
vulnerable after the death of their parents in a nucleus family set up. The state will enable setting up group home facilities for such Divyangs
by Parent organizations.
a.
The Divyangs will not be uprooted
from their home without their consent and whatever steps are initiated by their parent or guardian for their long term
resettlement shall be guided only by
the interest of concerned Divyang and after protecting the interest of
Divyang’s share of inheritance
b. The
state will prepare minimum standards for development and operation of group
homes which will be applicable for
all government, government aided and private operated group homes.
c. The state will organize
programs through Parent organizations for harnessing peer, professional and community support
for Mansik Divyang
to resume and continue their
personal living, social and
economic well-being after the death of parents.
d. The
state would provide land on priority at concession rate as far as possible to
the Parent organization for building group home facilities.
e. The state will initiate
provisions in the development plan regulations to allow use of agricultural land with higher floor space
index for the purpose of setting up group homes and associated workshop
facilities for Mansik Divyangs.
5(ii) Training
of Care Takers
The
state would provide incentive to existing group homes for conducting training
courses for care takers
for employment in group homes.
5(iii) Preference for Divyangjan with high support
needs.
While allotting
accommodation in government or government assisted
group homes the vulnerable
persons with disability or Divyangjan with high support need will be given
preference over the other persons.
6. Disability Certificate & Health
Insurance
a. The State
will empower additional authorities to issue disability certificate so as to make them available at a much faster pace. It will continue with the SADM ( software
for
assessment of disability Maharashtra) system of certificate issuance
and will link it to Adhar card upon shifting to UDID.
b.
All expenditure including travel,
boarding and lodging
incurred by Divyang
and his accompanying parent shall be reimbursed by local bodies under
Divyangjan welfare scheme for each incidence of issue/ renewal of certificate.
c. All
school going Divyangs or those undergoing pre school training shall be provided
free medical insurance if eligible
for health insurance scheme operated by The National Trust or Swabhilamban scheme, if not covered by any
other state health insurance scheme. The state
will make direct arrangement with the health insurance agency for payment
of annual premium.
7. Barrier Free Environment, Right of Accessibility
All
public buildings, public services and information and communication services
including transportation will be made accessible in a phased manner based on principles of safety, accessibility and reliability.
a.
Where ever in the old buildings it
is not possible to modify and make it accessible to Divyangs the respective department should provide
appropriate human assistance to Divyangs.
b.
All government departments and
local governments will ensure that all their publications, notices and announcements are accessible
to Divyangs, including those for procurement,
employment, public health, disaster preparedness and environment.
c.
The state shall formulate
schemes for affordable access to information and communication technology for Divyang, in
rural as well as urban areas.
8. Aids and Appliances, Assistive
Devices and follow
up care and Maintenance
a.
The state will provide required
assistive devices for Divyangs using the Government of India and state schemes to enable and facilitate personal
mobility, artificial limbs and assistive
devices, communication, interface and loco-motor action. Efforts will be made to avoid
duplication of provisions to
individual divyangs.
b. The
repairs of assistive devices will be enabled by including maintenance provision
in the grants and budget of local government.
c. The
State will ensure that a comprehensive rehabilitation package is encouraged
which takes care of distribution of
aids and appliances and also provide rehabilitative services and therapeutic care and training
post distribution of the aids.
9. Legal Capacity & Guardianship
a.
All Divyangjan shall enjoy the
right to personal liberty and justice, security, legal rights, inheritance of movable and immovable
property, on an equal basis with others. They will have a right to respect for their identity and to
be respectfully addressed.
b.
The state shall create
sensitization in civil society by awareness campaign and also by incorporating suitable chapters on
Divyangs in the text books of primary and secondary curriculum syllabus taught in Maharashtra, with in a year of issue of this policy.
c.
The state shall facilitate legal
guardianship under The National Trust Act 1999 in a timely manner and facilitate processing of
guardianship application by Local Level Committee constituted under the district collectors.
d.
The rights of homeless Divyangs in
institutions will be respected on equal basis with others and will be given priority in inclusion at school, skill building and employment.
10. Self Advocacy and Divyang/
Parent organizations
a. It
has been universally accepted that Divyangs and organizations of Divyangs and
parents (in case of persons
with intellectual disability) have the best ability to advocate requirements of Divyangs and also to point
out where their rights are being infringed. Therefore
state will promote formation of Divyang/ parent organizations for awareness building
and enable them to act
as watch dogs for implementation of this
policy.
b. The Divyang
organizations will be also encouraged to provide services
specific to respective disability provided it does not result in segregation of that category
of Divyangs from the
mainstream society in long terms.
c. The
parents (of Mansik Divyang) organizations will be encouraged to set up
sheltered workshops, group homes and rehabilitation centers
and also conduct
self-advocacy programs among
Mansik Divyang to create self-awareness, their rights & responsibilities as citizens, exercising their choice in
day to day life and reporting unlawful acts against them.
d. The
application for registration of NGOs, Divyang/ Parent organization under Rights
of Persons with Disability Act 2016
shall be disposed within 3 months of receipt of on-line application and awarded registration and with in 60 days for
renewal of registration as per Section 50 of
Rights of Persons with Disability Act
2016.
11. Special Provisions for Divyang
with High Support Needs and Direct Benefit Transfer Scheme
a.
Persons with high support needs
means Divyang who due to nature of their impairment combined with attitudinal, movement, behavioral or locational
barriers are subject to familial or
social exclusion and are concealed, neglected, segregated or abandoned or living in institutions meant for destitute
or homeless or are orphans. As an illustration, the disabled as defined
in the National Trust Act and who have severe to profound
disability
could be considered in this category. Also, those disabled in any
category, who have been orphaned or
are children in need of special care and protection may be classified as those needing
high support needs.
b.
The State shall formulate schemes
to provide reasonable living means to Divyang with high support needs in the form of living allowance, subject to
economic status of parents. Such pension
will be given under direct benefit transfer
scheme to the affected Divyangjan. It will also elaborate on the
assessment procedure to grant the high support
need status.
c.
While considering implementation of any welfare scheme for the disabled, the high support
need category will be given preference.
12.
Corporate Social Responsibility:
a.
Maharashtra is the most
industrialized state with Mumbai as the financial capital of the country. Therefore the corporates of
Maharashtra can undertake projects in the field of disability as part of
CSR
b.
The state will also encourage
patronizing the products produced in workshops run by Divyangjan or societies formed by parents of persons with intellectual disability.
c.
The state shall also enable
collaboration between Parent societies and Corporates for the design of products, cost optimum
production, marketing support and sales outlets. The state will devise incentive schemes for the corporates to
undertake above activities in a sustainable manner.
d.
Conduct specialized training
for Divyangjan to absorb them in
their in-house activities.
e.
Support capacity building of NGOs/ Parent Organizations for future expansion
and sustenance.
f.
Encourage corporates to sponsor
events and awareness generation activities across the state.
13. Social Protection
All
Divyangjan should have right to social security which will include secure and
adequate standard of living for self and family in terms of food security, Shelter, Housing, Social care.
Therefore the state policy shall inter alia provide the following
a.
Living and care facilities for
Divyangjan including children who are abandoned or found without shelter or unable to earn livelihood will get priority
in aided special schools, Respite Care and
Group Homes.
b.
Care giver allowance to Divyangjan where
care giver or escort is necessary at all times
c.
Allotment of food under the PDS to
the family of the Divyang by considering him a BPL member.
14.
Sports, Recreation and Cultural
Activity : The state will encourage
participation of Divyangs in Sports, Culture, Recreation,
Co-curricular and extra-curricular activities and will consider this as a major indicator
of social integration and
rehabilitation.
It will enable following
a.
Providing coaching facilities as well as services of sports teachers
who understand needs
of Divyangs.
b.
Make provisions in the state
sports academy for training of coaches and sports teachers for Divyangs.
c.
Redesigning courses in cultural and arts
subjects for accessibility of Divyangs
d.
Organizing specific programs for
Divyangs in the fields of music, dramatics, theatre and languages at the District and the State level and also
facilitate their participation at the National level.
e. Enabling
inclusion of Divyangs in recreational activities and sports by including multi- sensory
essentials and features.
f.
Arranging visits and summer camps
to cultural, scientific, geological and environment tourist places for divyangjan for necessary exposure.
And also sponsoring visits to divyang
related conferences.
15.
Special Provisions for Divyang
Girls and Women:
The Divyang women and girls are doubly vulnerable to injustice being meted out inside and
outside their homes hence the state policy will have following special
provisions for them.
a.
The state as a policy shall provide
comprehensive information and help line services to support Divyang women and girls and their families to prevent
concealment, abandoning, neglect, segregation in relation to home and family life.
b. Accommodation of requirements of Divyang women and provision
of support mechanism for employment of single
Divyangjan mothers in the form of extra maternity leave, flexible working
hours, crèches and care takers for their babies and children.
c.
Suitable allowance shall be paid to
single mothers of children with intellectual disability for upkeep. This
shall be equal to pension admissible to Divyang adults.
d.
Special protection for Divyang
women and priority
in registering police complaint against all forms of exploitation, abuse,
violence including physical mental sexual and
emotional at all places including
home, educational institutions, work place or government respite
home.
e.
Women with disabilities will be
empowered about their rights and duties. Empowerement means taking hold of
personal strength and to share
knowledge and power with others.
f.
Accessible, safe and confidential complaint mechanism to report instances
of exploitation, abuse and
violence by Divyang women and girls.
g.
Protection, counseling and support
services for Divyang women and girls who have been victim of abuse, violence
or exploitation of any kind
h.
Enabling provisions such as
monetary and job incentives for marriage of Divyang women on the
basis of free and full consent.
i.
Enabling Divyang women to exercise
their right to retain fertility and not being subjected to medical procedure that may lead to infertility or
termination of pregnancy without her express consent.
j.
Enabling Divyang women to take own
decision involving her reproductive rights and
family planning freely
and responsibly.
16. Plan and Budgetary Provisions
16(i) Utilization
of 3% Budget
a.
The state government departments and local governments and establishment shall earmark at least 3% budgetary allocation and same shall be utilized
for the early intervention care, education including
special education, skill building, employment, building awareness, rehabilitation, empowerment and inclusion
of Divyang in the social and economic
mainstream.
b.
To ensure the implementation of
stipulated budgetary allocation and utilization a review of annual budget allocation
for activities concerning Divyangjan will be
undertaken by the office
of Commissioner of PwD with the
help of competent experts.
c.
Feedback reports on implementation
of planned provisions will be gathered for review by State Commissioner of PwDs.
16(ii) Monitoring Inter-Departmental Schemes
for Divyangjan.
a.
The Commissioner of Divyangjan
shall monitor planned allocations by ministries under Rashtriya Bal Swasthya Kalyaan (RBSK) Karyakram, Sarva Shiksha
Abhiyaan, Welfare of Divyang
children/ ICDS, Allocations under MAHADA schemes, Accessibility India/ NRUHM,Disability Pension/ Samaj Kalyan,
Schemes of Department of Women & Child welfare and other inter departmental schemes.
b. Not
more than 70% of the State budget shall be allocated to aided Special Schools
and further the budget shall be
evenly allocated to districts in broad proportion to divyang population. The other social
benefit schemes will also be given financial importance.
c.
Direct Benefit Transfer mechanism
shall be used as far as possible for disbursing all aids, scholarships, pensions and incentives,
and preference will be to the Divyang with high support needs. All
such schemes shall be operated
on-line end to end
17. Implementation Mechanism
a.
After formulation of State Advisory Board on Disability by the State
Government as per provisions of the Rights of Persons
with Disability Act 2016 to the effective
implementation of Policy related work will be done through State Advisory Board on
Disability. At present
Constituted State Coordination Committee and the State Executive Committee are works for the policy related work till the formulation
of State Advisory Board.
b.
After formulation of State Advisory Board on Disability and District
level Committee by the State
Government as per provisions of the Rights of Persons
with Disability Act 2016. Such State Advisory Board and District
level Committee will look after Policy related work. At present
Constituted District Level Committee for the effective
implementation of Persons
with Disabilities (Equal
opportunities, Protection of Right and fully participation )Act 1995 and local level committee under
National Trust Act 1999 State
Coordination Committee and the State Executive Committee works for the policy related work till the formulation of State Advisory Board and District Level Committee.
c.
The State Government will be appointed
District Magistrate or representative of District Magistrate such as Deputy Collector or
equivalent Officer to look after the
policy related work of District
Level Committee at District Level. Such type of Appointed
Officer assist to implements
the policy related work. He will
Coordinate with Panchayat Raj Sanstha
and Urban Local Level Department to implement the policy related work. Such type of Officer will act as work as effective Officer
to assist Commissioner Disabilities at the District
level .
d.
The State Advisory Board shall identify the
indicators of development of Divyangjan and
prepare Divyangjan Development Index. The same shall be incorporated in Human Development Report of the state.
e.
A
Special committee under the Chief Minister will be constituted to monitor the implementation of this policy.
The Special committee shall
meet at least once in a year.
18. Office of State Commissioner of Persons with Disability
The
Government of Maharashtra shall within 6 months of promulgation of this policy
prescribe rules laying down
qualifications for the appointment of State Commissioner for Divyangjan. The appointment should be for a fixed period
of 3 years. The State Commissioner shall have powers and responsibility as per
Section 80 to 85 of Rights of
Persons with Disability 2016.