Since the sub group opted for the social model of disability, a much deliberated question was whether the definition clause should include a definition of "barrier". No final decision was taken on this question and it was decided that the matter may be deliberated again in the full Committee.
The UNCRPD has placed a number of obligations on private entities especially in relation to Accessibility. Section 41 of the Persons with Disabilities Act, 1995 asked for appropriate Governments and local authorities to provide incentives to employers both in the public and private sector to ensure that at least 5% of their work force is composed of person with disabilities. With increased liberalization and privatization it was felt that both in relation to job reservations and accessibility obligations, it would be desirable to mandate rather than only incentivize the duties of the private sector towards persons with disabilities. To that end, the sub group proposed a definition of establishment which included the private sector. Upon further discussions with the Legal Consultant it was realized that the jurisprudence surrounding establishment could make such a definition constitutionally questionable. It was therefore suggested that the case law under Article 12 of the Constitution on how other authority has been defined to bring in private players shall be duly researched to explore if that is a constitutionally more sound view of holding the large private players accountable.
Subsequent research has shown that the Committee may be better advised combine the article 12 jurisprudence with the definitions relating to establishment in labour legislations. In this manner without unduly affecting the small businesses the Committee may be hold the private player accountable. An updated report of this on going research shall be presented to the Committee in the 19th-20th Oct meeting in order to enable the Committee to decide upon the most suitable way of holding the private player accountable.
The sub group recommended that instead of the routinely excluding Jammu & Kashmir, keeping in view the real need of this law for persons with disabilities in that State this provision be so drafted that it specifies the condition on the fulfillment of which the law would apply to J&K. Thus this section should provide that this law would apply to the whole of India; however its application to the State of J&K shall be specified by the President only after the government of J&K gives its concurrence on the application of this law to that State.
There are various legislative techniques by which a statute is brought into force after it has been passed by both houses of Parliament and signed by the President.