## Policy Analysis Report: Amendment to Disability Assessment Guidelines
**1. Executive Summary:**
This report analyzes an amendment to the guidelines for assessing the extent of specified disabilities, specifically those related to blood disorders, as published in the Gazette of India on August 3, 2021. The amendment, made under the authority of the Rights of Persons with Disabilities Act, 2016, modifies the process for issuing disability certificates for individuals with blood disorders. The key change pertains to the validity period of disability certificates, introducing a provision for permanent certificates for individuals with severe disability (score above 80) subject to proof of survival, while mandating periodic review (every three years) for others. This amendment aims to adjust the certification process to account for the progressive nature of these diseases.
**2. Introduction:**
This report aims to provide a concise overview and analysis of the amendment to the guidelines for assessing specified disabilities as notified in the Gazette of India on August 3, 2021. This analysis is based solely on the provided policy text.
**3. Policy Overview:**
* **Original Policy:** The amendment modifies guidelines published in the Gazette of India, Extraordinary, Part II, Sub section ii of Section 3 vide number S.O. 76 E, dated the 04th January, 2018.
* **Core Objective(s):** Based on the provided text, the core objective of the original policy is to establish guidelines for assessing the extent of specified disabilities in persons. The amendment aims to refine this assessment process specifically for blood disorders.
**4. Background and Rationale:**
This is an amendment. The rationale for this specific amendment appears to be addressing the dynamic and progressive nature of blood disorders. The amendment seems designed to provide a more appropriate certification process, differentiating between severe cases requiring permanent certification (subject to proof of survival) and less severe cases requiring periodic review.
**5. Key Provisions / Changes:**
This amendment modifies paragraph 26.2 under the heading "VII. Disability caused due to blood disorder" in Annexure II of the original guidelines.
* **Specific Part Changed:** Paragraph 26.2 of Annexure II, under the heading "VII. Disability caused due to blood disorder."
* **New Rule/Provision:** The new paragraph 26.2 states: "The process of evaluation shall be dynamic and to be reviewed periodically at an interval of three years, as these diseases are progressive in nature, however, in patients with severe disability with score above 80, permanent certificate shall be issued subject to proof of survival."
* **Difference/Effect of Change:** Previously, the text suggests (though does not explicitly state) that disability certificates might have had a different validity period or review process. The amendment introduces a differentiated approach. Now, individuals with blood disorders will be evaluated periodically (every three years) due to the progressive nature of the diseases. However, those with severe disability (score above 80) will receive permanent certificates, provided they can furnish proof of survival. This change aims to reflect the varying disease progression and reduce the burden of repeated evaluations for severely disabled individuals.
**6. Target Audience and Stakeholders:**
The target audience and stakeholders directly affected by this amendment are:
* Individuals with blood disorders who are seeking or have obtained disability certificates.
* Medical professionals and assessment boards involved in evaluating and certifying disabilities related to blood disorders.
* The Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice and Empowerment.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice and Empowerment, is the responsible agency. Medical professionals and assessment boards are indirectly involved in the evaluation process.
* **Timelines/Procedures:** The amendment specifies a review period of three years for disability certificates of individuals with blood disorders, except for those with severe disability (score above 80) who will receive permanent certificates subject to proof of survival. Specific procedures for providing proof of survival are not detailed in the provided text and are left to the discretion of the relevant authorities.
* **Implementation of Changes:** Implementation would require informing assessment boards about the new guidelines and ensuring that evaluation processes are updated to reflect the differentiated approach based on the severity of the disability.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome of these specific changes is to:
* Provide a more appropriate and nuanced assessment process for individuals with blood disorders, recognizing the progressive nature of these diseases.
* Reduce the burden of repeated evaluations for individuals with severe disabilities by issuing permanent certificates, streamlining the process.
* Ensure that disability certifications accurately reflect the current condition of individuals with blood disorders through periodic reviews.
**9. Conclusion:**
The amendment to the disability assessment guidelines concerning blood disorders represents a targeted effort to improve the certification process, acknowledging the varying disease progression. By introducing a differentiated approach with periodic reviews and permanent certificates for severe cases, the amendment aims to provide a more appropriate and efficient system for individuals with disabilities caused by blood disorders. It is a significant refinement that addresses a specific need within the broader framework of disability rights and assessment.
Key Entities Referenced
Rights of Persons with Disabilities Act, 2016: A law under which the Central Government is exercising its powers to make amendments regarding guidelines for assessing specified disabilities.
Ministry of Social Justice and Empowerment: The government ministry issuing the notification.
Department of Empowerment of Persons with Disabilities Divyangjan: The department within the Ministry of Social Justice and Empowerment responsible for the notification.
New Delhi: The location where the notification was issued. It is also implied that the office of the Ministry of Social Justice and Empowerment is located here.
Dr. PRABODH SETH: The Joint Secretary who signed the notification.
Gazette of India: The official government gazette where the guidelines and amendments are published.
S.O. 76 E, dated the 04th January, 2018: The original notification number and date of the guidelines being amended.
S.O. 4501 E dated 09.12.2020: The previous amendment notification number and date.
Annexure II: Specific section of the guidelines being amended.
VII. Disability caused due to blood disorder: The heading within Annexure II related to the amendment.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-डी.एxलx.x-GअID.-E0xx4x0 82021-228751
CG-DL-E-04082021-228751
ऄसाधारण
EXTRAORDINARY
भाग II—खण्ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 2897] नई ददल्ली, बधु िार, ऄगस्ट्त 4, 2021/श्रािण 13, 1943
No. 2897] NEW DELHI, WEDNESDAY, AUGUST 4, 2021/SHRAVANA 13, 1943
सामाजिक न्याय और ऄजधकाररता मत्रं ालय
[ददव्ागं िन सिजिकरण जिभाग]
ऄजधसचू ना
नई ददल्ली, 3 , 2021
का.अ. 3123( ).—ददव्ांगिन ऄजधकार ऄजधजनयम, 2016 (2016 की 49) की धारा 56 द्वारा प्रदत्त िजियों
का प्रयोग करते हुए, केंद्रीय सरकार दकसी व्जि में ददव्ांगताओं की सीमा का अकलन करने के उद्देश्य से का.
अ. 76 ( ), ददनांक 04 िनिरी, 2018 भारत के रािपत्र, ऄसाधारण, भाग- II, खंड 3 के उपखंड (ii) में
प्रकाजित ऄजधसूजचत ददिा-जनदिे ों में एतद द्वारा जनम्नजलजखत संिोधन करती ह,ै नामतः
उि ददिा-जनदिे ों में, ऄनुबंध II में, - ‘VII. रि जिकार के कारण होन े िाली ददव्ांगता’, िीर्षक के तहत पैराग्राफ
26.2 के स्ट्थान पर जनम्नजलजखत पैराग्राफ को प्रजतस्ट्थाजपत दकया िाएगा, नामतः:-
“26.2. ददव्ांगता प्रमाण पत्र का प्रकार - औ
प प । प,
80 ऊप , प -
प ।“
[फा. सं. 33-01/2021-डीडी-III]
डॉ. प्रबोध सेठ, संयुि सजचि
नोट : भारत के रािपत्र, ऄसाधारण, भाग-II, खंड 3, उप-खंड (ii), संख्या का. अ. 76 ( ), ददनांक 04 िनिरी, 2018
में मूल ददिा-जनदिे प्रकाजित दकए गए थे, और का. अ. 4501 ( ) ददनांक 09.12.2020 के माध्यम से ऄंजतम
संिोधन दकया गया था ।
4298 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
[Department of Empowerment of Persons with Disabilities (Divyangjan)]
NOTIFICATION
New Delhi, the 3rd August, 2021
S.O. 3123(E) .—In exercise of the powers conferred by section 56 of the Rights of Persons with
Disabilities Act, 2016 (49 of 2016), the Central Government hereby makes the following amendment in
guidelines notified for the purpose of assessing the extent of specified disabilities in a person published in
the Gazette of India, Extraordinary, Part II, Sub- section (ii) of Section 3 vide number S.O. 76 (E), dated
the 04th January, 2018, namely :
In the said guidelines, in Annexure II, - under the heading „VII. Disability caused due to blood
disorder‟, for paragraph 26.2 the following paragraph shall be substituted, namely:-
“26.2 Type of disability certificate - The process of evaluation shall be dynamic and to be
reviewed periodically at an interval of three years, as these diseases are progressive in nature, however, in
patients with severe disability with score above 80%, permanent certificate shall be issued subject to proof
of survival.”
[F. No. 33-01/2021-DD-III]
Dr. PRABODH SETH, Jt. Secy.
Note : The Principal guidelines were published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (ii), vide number S.O. 76 (E), dated the 04th January, 2018 and last amended vide
S.O. 4501 (E) dated 09.12.2020.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.