Kathmandu School of Law Review

P-ISSN : 2091-2110, E-ISSN : 2773-8159, DOI : 10.46985, Publisher : Kathmandu School of Law, Nepal
Annual flagship journal of Kathmandu School of Law, Nepal

Volume 5, Issue 2, November 2017
Articles

Status of Differently-Abled Persons in Work Place: A Study of Courts inside Kathmandu Valley

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  • Anupa Aryal
Anupa Aryal
Kathmandu School of Law (Purbanchal University), Bhaktapur
Bio

Published 2017-11-30

How to Cite

Aryal, A. (2017). Status of Differently-Abled Persons in Work Place: A Study of Courts inside Kathmandu Valley. Kathmandu School of Law Review, 5(2), 72–79. Retrieved from https://kslreview.org/index.php/kslr/article/view/975

Abstract

Nepal has been adopting a range of policy, legal and institutional measures for the protection and promotion of the rights of persons with disabilities even before the CRPD came into force. It enacted the Disabled Protection and Welfare Act (DPWAct) in 1982 and the Disabled Protection and Welfare Regulation in 1994. These acts intend to protect and promote the rightsand interests of the persons with disabilities, recognize the need for the preventionof disability, and provide welfare services such as health, education, care and training to the persons with disabilities in order to make them competent and capable enough. This paper after empirical research using interview and observation method as data collection tool, tries to identify whether the rights to persons with disability are properly protected and promoted in Nepal.

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References

  1. Ministry of Women, Children and Social Welfare, Government of Nepal, Initial Report of Government of Nepal on Measures Taken to Give Effect to the Convention on Right of Person with Disability, 2014, p. 1.
  2. Convention on Right of Person with Disability, 2515 UNTS 3, adopted on 13 December 2006, art 1.
  3. Disabled Protection and Welfare Act, 1982, Nepal, s 2(a).
  4. Initial report, (n 1): Disability has been classified into seven categories: (1) physical disability; (2) visual impairment: blind and low vision; (3) hearing impairment: deaf and hard of hearing; (4) deaf blind; (5) speech impairment: (6) mental disability: intellectual disability, mental illness and autism; and (7) multiple disabilities.
  5. Central Bureau of Statistics, Government of Nepal, National Population and Housing Census 2011, November 2012, p. 211. a(But, The National Living Standards Survey, 2010/11 shows that overall 3.6 percent of people had some kind of disability in Nepal. The survey included physical, visual, hearing, hearing and seeing, speaking, mental and multiple disabilities. The disability rates for males and females were 4.2 percent and 3.0 percent, respectively. Of all persons with some kind of disability, 29.2 percent were persons with physical disabilities, 22.3 percent had visual related disability, 23.4 percent hearing related disability, 2.4 percent vision/hearing related disability, 8.6 percent speech related disability, 6.8 percent mentally retarded and 7.3 percent multiple disability.
  6. CRPD(n 2), Art.27; DPWAct (n 3) s. 8.
  7. Constitution of Nepal,2072, art. 33.
  8. DPW Act (n3), s 8.
  9. CRPD(n2), art 27(g).
  10. Here separate competition for the 45% is held between women, indigenous peoples, Madhesi, Dalit, persons with disabilities, and candidates from the backward areas.
  11. Interview with Geeta Kumari Humagain, Information Officer of Public Service Commission, Kathmandu, January 10 2016.
  12. Public Service Commission, ‘Publication Related to Appointment’, Public Service Commission of Nepal Official Website, available at www.psc.gov.np, accessed on 1 May 2016.
  13. Notice published by the Public Service Commission, Nepal failed to address which department the Kharidars have been appointed. Kharidar is a rank of government employee rather than a department.
  14. This table only represents the number of disabled employee employed on quota basis, differently abled employee selected from the open categories are not included as such records has not been prepared by the Commission itself.
  15. Interview with Sabitra Kafle, Nayab Subba (Non-Gazetted 1st Class Officer), Kathmandu District Court, Kathmandu, 27 April 2017.
  16. CRPD n (2), art 9.
  17. Ibid.
  18. Ministry on Women Children and Social Welfare Nepal, Government of Nepal, Policy and the Plan of Action on Disability, 2006, pp. 8, 39, 40, 47,53.
  19. Ministry for Foreign Affairs of Finland, Country Strategy for Development Cooperation with NEPAL 2013– 2016, 2013.
  20. National Disability Authority, Access Hand books, 2012.
  21. National Disability Authority (Ireland),"Building for Everyone: A Universal Design Approach", 2012.
  22. Supreme Court of Nepal, Second five-year plan of Nepalese Judiciary2066-2071, 2009.
  23. Constitution, (n7), art 20(8).
  24. Interview with Vinod Dutta, Nayab Subba (Non-Gazetted 1st Class Officer), High Court of Patan, Kathmandu, 28 April 2017.
  25. Interview with Durgadutta Lamsal, Nayab Subba (Non-Gazetted 1st Class Officer),High Court of Patan, Kathmandu, 28 April 2017.
  26. MulukiAin, 2020, Chapter on Court Management, No 11.
  27. Kamal Lamichanne and Yasuyuki Sawada, Disability education and employment in Nepal, University of Tokyo, Tokyo, 2011.
  28. Sharad Chandra Thakur, ‘A situation analysis of Disability in Nepal’, vol. XXV, No 1, TribhuwanUniversity Journal, 2005.
  29. Uttam Narayan Malla, ‘Disability Statistics in Nepal’, Presentation of Director General, Central Bureau of Statistics, Nepal.
  30. Initial report, (n 1): Nepal has achieved a significant progress in poverty reduction, the absolute poverty has gone down from 42 percent in 2000 to 23.8 percent in 2013. In keeping with this achievement, the GON is further streamlining its measures to narrow down the gap between the rich and the poor: The average per capita income is 721 US Dollars.
  31. Ibid.
  32. Shudarsonsubedi and Babu Krishna Maharjan v. HMG et. al, WN 3586, 2060.
  33. Prakashmanisharma v. NG, NKP, 2064, p. 1435.
  34. Ibid n (20).
  35. Ibid n (19).
  36. Country Strategy, n (19).