Red Tape in issuance of Disability Certificates not circumstances let them down in Pune

and here is the news from Pune City of Maharasthra State in India, where the applicants with disabilities who come for assessment and for issuance fo disability certificates are given appointments in 2015 thanks to the careless approach of the State Hospitals. Here is the news from Mid Day today!

Want disability certificate? Come in 2015: Sassoon Hospital

31 October 2013, Pune

Hitting new lows of bureaucracy, Pune's government-run Sassoon General Hospital has been giving appointments to physically challenged people in need of a disability certificate for 2015.

Sassoon Hospital's cold-hearted response to physically disabled people so exasperated them that they turned out in hundreds to protest. Under fire, hospital said it would begin issuing certificates daily.

As though circumstances haven’t already slowed them down, red tape — perhaps burdened with sheer sloth on part of the authorities — has been forcing the disabled to put on hold their quest for a disability certificate for two years.

Hitting new lows of bureaucracy, government-run Sassoon General Hospital has been giving appointments to physically challenged people in need of a disability certificate for 2015. Without the crucial document, they can’t avail of the benefits reserved for them under various government schemes – such as commuting, medical discounts, employment opportunities and so on.

To protest the administration’s cold apathy afflicting applicants for the past few months, hundreds of them turned up at the dean’s office on Wednesday morning. At last, after a two-hour brouhaha, the dean made a statement assuring them that the facility would begin issuing certificates that very day.

Dilip Modak, who has been making rounds of the hospital for three months in the hope of getting a disability certificate, finally got a date, but for a day in November 2015. For formalities that shouldn’t take more than a day, he was asked to wait a couple of entire years.

Mid Day

IIT insists on re-evaluating the disability by its medical board despite a valid certificate

IIT has refused to accept the disability certificate issued by Medical College of Darbhanga - an authorized board under the law and contrary its own medical board to declare the person only 23% disabled! Such cases are on rise and the persons with disabilities are always exposed to situations like this where their disability is questioned when it comes to availing benefits.

Here are the details from Indian Express.

IIT says no to rank 113 for disabled

Pritha Chatterjee : New Delhi, Sun Jun 17 2012, 

Seventeen-year-old Amit Kumar was thrilled to have secured the 113th rank in the IIT-JEE this year under the general physically disabled category.

He had a disability certificate from Darbhanga Medical College and a letter from the civil surgeon of his hometown Sitamarhi in Bihar. The certificate stated that Kumar has 40 per cent disability.

The IIT-Delhi, however, refused him admission after he cleared the entrance test as its 13-member medical board from AIIMS, headed by Dr R C Deka, examined Kumar and noted that he had only 23 per cent locomotive problems.

Under the Indian Disability Act of 1995, 23 per cent disability does not qualify for the handicapped quota.

Kumar has now decided to move court.

IIT-Delhi officials claim this is the first such case in the physically handicapped category of the JEE.

Speaking to Newsline, Kumar called the IIT decision unfair. “I was allowed to sit for the entrance exam under the physically handicapped category on the basis of my disability certificates. How can they declare the certification baseless, when they allowed me to apply under that category,” he asked.

Kumar’s lawyer Ashok Aggarwal said, “His certificate is given by an authorised government hospital. He also has a supplementary letter from the district surgeon who is a gazetted officer. Under the Disability Act, a certified government medical college can give disability certificates which should be considered valid for all government educational institutions.”

IIT-JEE chairperson Dr G B Reddy said the IIT policy had been advertised and if the candidate had a problem, he should have protested earlier.

“Our policy is very clear and has been the same since the institution of the IITs. In all our advertisements, we have maintained that our own medical board, comprising AIIMS doctors, will have the final word in certifying disability. The candidate participated, and even appeared for the counselling, without protesting against this. Why is he reacting only because he was not selected?” said Dr Reddy.

A 2003 judgment by the Delhi High Court, under the bench of Justice Vikramjit Sen, had given the upper hand to medical boards of government medical colleges vis-a-vis those constituted by institutions — on authorisation of disability — in the case of Dr Raman Khanna Vs University of Delhi.

Until 2005, 10 years after the institution of the Disability Act, the Delhi High Court had ordered the government to issue proper guidelines to identify disabilities and authorise government institutions to provide disability certificates.

Kumar’s disability certificate from Darbhanga Medical College, issued on August 6, 2005, states his diagnosis to be “orthopedically handicapped due to stiffness of knee and hip. He is suffering from multiple exostoses”.

Exostoses is a condition when there are unnatural lumps in the bones of the child, which cause immense pain while walking.

A doctor who was part of the AIIMS medical board for IIT said: “The problem in our country is the absence of proper guidelines to define the extent of disability, as per the patient’s disorder. What may be seen as 50 per cent disability by one board, another can be only 20 per cent. In Amit’s case, his condition may even improve after surgery, but that has not been considered by the previous board.”

More than 50% PwD have no Disability Certificates

Three of 5 disabled have no proof of their condition
Aditi Tandon/TNS

New Delhi, June 17
Three in every five differently-abled persons in India have no proof of their disability. Seventeen years after the government enacted the Persons with Disabilities Act in 1995 to make life easier for such persons, evidence from across the country shows that only 39.13 pc of them have been issued disability certificates.

Only 12 states, led by Andhra Pradesh, have reported more than 50 per cent coverage of their differently-abled population. Union Territory of Daman and Diu has issued disability certificates to just 1.13 pc of the total differently-abled persons living there, as per 2001 census.

New Delhi is among the poorest performers and has so far given certificates to only 10.19 pc of its physically challenged population. The 2001 Census puts the count of differently-abled persons living in Delhi at 2.36 lakh. Out of them, only about 2,400 persons have got disability certificates until March 31, 2012.

Coverage reported by Jammu and Kashmir and Uttarakhand is also lower than the national average. These states have issued disability certificates to 38.88 pc and 22.23 pc of their respective differently-abled populations.

Overall, out of 216.3 lakh differently-abled persons in India (2001 Census), the government has managed to give official proof of disability only to 84.62 lakh persons till March this year. Around 131.67 lakh differently-abled persons are still awaiting their certificates, reveals the latest data collated by the Office of Chief Commissioner of Disabilities under the Ministry of Social Justice and Empowerment.

These are shockingly low numbers. Simply put, 60.87 per cent of the differently-abled persons in India can't access the rights guaranteed to them under the law — be it transport concessions, job reservations or quotas in educational institutions. This also explains why year after year, the posts reserved for the differently-abled persons in government offices and seats set aside for them in educational institutes go vacant.

"A disability certificate is the very foundation of the life of a differently-abled person. It is to me what a UID is to you. It is my virtual gateway to the world, to life itself. But the procedure to get this document is so complex in India that most differently-abled persons, mainly the poor, never manage to get it," says Javed Abidi, President, Disability Rights Group, (DRG) an umbrella organisation of NGOs working for in the disability sector.

Under the law, the disability certificate is issued by a medical authority notified by the state government. Each such medical authority is constituted at the district level and is supposed to receive applications from the disabled, assess their disability and issue them a certificate within a week from the receipt of application, if the disability is assessed at 40 per cent. Only a government doctor is authorised to issue a disability certificate for which an applicant is required to come to the district government hospital and represent his case before the medical authority constituted for the purpose.

But the problem is this: Government documents reveal that so far only 16 states in India have notified these medical authorities. These are Andhra Pradesh, Arunachal, Bihar, Delhi, Goa, Gujarat, Jharkhand, Lakshadweep, Meghalaya, Mizoram, Nagaland, Punjab, Rajasthan, Sikkim, Tamil Nadu and UP.

The DRG had petitioned the Health Ministry and the PMO earlier saying the delivery of disability certificate should be decentralised down to primary health centre-level so that a poor villager can get his disability assessed without having to take the trouble of coming all the way to the district.

"We ask a simple question. If a passport can be delivered to an applicant at home, what is the problem in delivering a disability certificate at home? A disabled has a greater right over the document because his movement is impaired. We have asked for a simple online application to be designed to allow the disabled to declare their disability. Let the government verify the authenticity of the claim and home deliver the certificates," Abidi says.

Nari Niketan Rape Victim gives birth to a baby girl on 03 Dec 09- World Disability Day!

Dear Friends,

We continue to learn from the life of the Chandigarh Nari Niketan Rape Victim - a mentally retarded girl. The God chose the day of birth -03rd December -World Disability Day. For media, its a great story, for me it is a great lesson for humanity and to understand abilities of those experiencing disabilities.

The mother has many hopes from the newborn as covered in the article below. The little child seem to be healthy and what amazes every one is that how the mentally retarded girl has adopted to motherhood! Nature continues to amaze all of us with the human instincts that it gives to the living species including men and women whom some experts may label as "incapable to taking care of themselves"!

I had covered this issue at great length in my earlier posts on my other blog "Disability  Rights through Courts" the links of which are as below:
http://disabilityrightsthroughcourts.blogspot.com/2009/07/detailed-facts-of-chandigarh-case-of.html

http://disabilityrightsthroughcourts.blogspot.com/2009/07/raped-mentally-challenged-firl-can.html
http://www.blogger.com/post-edit.g?blogID=8131563375136204790&postID=3457818963549407026

Hope we all continue to learn from the developments as they continue to unfold.

regards

Subhash Chandra Vashishth
Human Rights Worker

To read from source Click here:

‘Want daughter to be a doctor, to take care of me’

Like any young mother, she dotes on her newborn daughter and hopes that the baby will grow up to become a doctor. But her journey to motherhood has been far from normal.

When she gave birth on December 3 —World Disability Day — Sheila (name changed), who is in her late teens and mentally challenged, had crossed hurdles she could barely understand. Not only had she been raped and impregnated at the Nari Niketan here, the Chandigarh administration had convinced the Punjab and Haryana High Court barely a month ago that Sheila was not capable of looking after an infant and that the child would be a “toy” to her. That Sheila had been firm in her resolve to keep her baby was barely taken into consideration when it was ordered that her baby be aborted in the seventh month of pregnancy. A Supreme Court order, however, overturned this verdict.

Today, doctors at the Government Medical College and Hospital (GMCH) are pleasantly surprised at the ease with which Sheila has adapted to motherhood.

“I am her mother. I will make sure that she grows up to be a doctor. Doctors are good human beings who alleviate the pain of others. No one has ever taken care of me. She will grow up and take care of me,” she says as she burps her baby, whom she has named Pari, before putting her to sleep. When asked who taught her how to do these tasks, she replies, “I took take care of an inmate’s baby at Nari Niketan. She was my best friend.”

But Sheila’s experience at Nari Niketan — a centre for destitute women — was nothing short of a nightmare. “I don’t ever want to go back,” she says. It was there, as investigations and subsequent high court judgments have shown, that she was repeatedly raped by three of the staff members of the institution in connivance with two female staff members who would beat her into submission. The child’s paternity will be known only after DNA tests.

“I want to go back to Ashreya. That is where they take care of me,” she says, referring to another government-run institute for the mentally challenged. It is Dr Raj Bahadur — Director, GMCH, and in-charge of Ashreya — who along with his staff has been credited for the marked improvement Sheila has shown after her ordeal.

“To be honest, even I am surprised at the tremendous maternal instincts she is showing. In fact, even her mental state has improved considerably after the child’s birth. Contrary to fears that she would be violent and may harm the baby, she is protective and caring and doesn’t even like staff members handling her,” he says.

Even as offers of help from various NGOs, social institutions and philanthropists pour in, the UT administration has decided to take full responsibility of the child and the mother. “All the expenditure of the child, mother, education, upkeep would be borne by the administration until the child completes her education and reaches adulthood,” says Anupam Gupta, senior standing counsel for the UT administration in this case.

This decision follows the Supreme Court’s overturning of the High Court’s verdict to abort the child in the seventh month of pregnancy. The apex court’s intervention had come as a result of an appeal made by amicus curiae R S Cheema. “The plea that the girl is of unsound mind and a minor and hence her consent is not valid was fallacious. There is no guardian, and the government said that since we are the custodians, our decision is valid. This again was again dangerous. If the child was aborted, it would have absolved the authorities. Remember, the rape took place under their custody and any decision to abort would have set a precedent that if a rape of a minor took place in government’s custody, they were free to go for termination of pregnancy,” says Cheema.

Next week, the mother and child will move back to Ashreya. “She is looking forward to that. She is very particular about the needs of baby and doesn’t like it if we hold her for long periods,” says Sonu, an attendant. As one leaves her room, Sheila says goodbye but not without a reminder to “bring sweets for Pari next time”.

Another case of Misuse of benefits meant for Disabled

Dear friends,

Equalising opportunities provided by way of positive discrimination by the Govt. to its employees with disabilities can often be misused, by vested interests. Therefore proper mapping of people with disabilities is all the more important. This is height of carelessness of the BSA that 24 transfers were made on the basis of fake certificates without even verifying as to how suddenly so many teachers became disabled! It wouldn't have come to the notice had suddenly so many applications were made on the common ground of disability to stop their transfers.

Even for the employees with disabilities, the rules are very clear that they can be transferred close to their native places among various institutions. No one can claim to continue at single school through out.

We learnt about similar case in Bihar last year or so. This indicates for some tough mechanism of verifications and harsher punishments in case of misuse by the State. All these teachers should not only be prosecuted under the provisions of Indian Penal Code but also under the provisions of Persons with Disabilities Act-1995 and be suspended with immediate effect. The vigilance department should reach the root of this malaise as to who coordinated such mass practice. There must be someone within the department advising teachers to adopt this measure!

To sum up, need to have a database of PWDs district wise on the line of Himachal Pradesh and Chandigarh is all the more important. Also organisations working for transparency, disability should use RTI and ensure social audit that such misuse is checked in the bud. A strict action in this case can send alarming signals to future criminals!

regards

SC Vashishth, Advocate-Disability Rights

09811125521

To read from Source Click here: Indian Express

‘Disability’ enables teachers to tweak transfers in Pratapgarh

08 October 2009

Physical disability, often regarded as a curse, is coming handy for hundreds of government teachers in Pratapgarh, who are using it as a pretext to seek transfers.

Of the 469 assistant teachers who received promotion this July, 130 have sought transfers, producing fake certificates of disabilities. Or like Girish Chandra, a teacher at Antpur primary school at Mandhata, they produce fake disability certificates to cancel transfers.

Chandra submitted his application to the office of Basic Shiksha Adhikari (BSA). Chandra is not handicapped, said the BSA office, which had ordered an inquiry after some teachers made a written representation to check the malpractice.

Another teacher, Indrasen Singh, got posting at his village Pure Chauhan from Rainia on this ground. He has even joined duty. Yet another teacher, Rama Shukla, sought transfer with a fake certificate. “The teachers had not produced any such certificate at the time of getting the government job,” said a teacher.

“They did not fill up the column of physical handicap. Suddenly, in contrast to the known 25 disabled teachers, 130 applications have been submitted in the office of the BSA seeking transfers.” These teachers have produced fake certificates because they want to stay near their villages, he added.

The BSA office woke up to the practice after approving 24 such transfers and the Basic Shikhsa Adhikary was charged with accepting bribes.

Denying the allegations, BSA Ashok Nath Tiwari said: “I have sent all such certificates to the Chief Medical Officer for verification. Now transfers will be done only after getting the verification. I will cancel the transfer done so far by me.” He added that legal action will be taken against teachers found guilty.

The CMO, Pratapgarh, Dr Madan Mohan, said he has not received any letter from the BSA, but if the BSA requested him, his office will do the verification. “A racket is being run at the office of BSA and CMO,” said Prabhakar Dwivedi, a teacher. “The CMO office issues fake certificates and the BSA office effects the transfers without verification. We will approach the district magistrate for an impartial inquiry,” he added.

On July 30, the government had promoted 496 assistant teachers in Pratapgarh district. As per government policy, transfer is mandatory with promotion. But despite accepting promotions, some teachers teaching at primary schools in their villages, were reluctant to join their new postings. A few wanted to get postings as per their wishes. But when the district administration mounted pressure on them to join their new postings, they submitted fake disability certificates and sought transfers.

Another State-level workshop on Disability Evaluation and Certification

Dear Friends,

The Government seem to be taking this exercise in all the corners of India to see that Disability Evaluation and Certification is done as per set norms. However, the process is still tedious for many and as per estimates presented by Union Minister for State of Social Justice & Empowerment, Govt. of India, only 22% persons with disabilities counted in 2001 census have been given the Disability Certificates. One could easily imagine and about the status of remaining 78% when all Govt. schemes, benefits are only given to those who have a valid Disability Certificate!

In this light, the whole process of certification at times seems unending in a gigantic country like India, unless the Government consciously decides to make an earnest effort to issue Smart Card based multi-purpose Disability Certificates to all so that multi-certificates for various reasons could be avoided. I remember when on 25 September 2007, a National Consultation Meeting to simplify the procedure of Issuing Disability Certificate was organised by Svayam in association with Aarth-Astha at New Delhi which had major recommendation that I feel are still to be implemented!

The need of the hour is to take this issue as a national challenge to map all citizens and children with Disabilities and issue them this crucial document within a time bound programme.
regards

Subhash Chandra Vashishth


Click on link below to read from source:
Doctors urged to follow norms while issuing disability certificates

Health official says doctors will have to follow uniform guidelines specified by the Central government to evaluate and certify the cause of disability.

Doctors will have to follow uniform guidelines specified by the Central government to evaluate and certify the cause of disability, said Principal Secretary, Health, V.K.Subburaj.

Addressing medical professionals, who are also members of the various Medical Boards in the district, Mr. Subburaj said doctors have to take the task of issuing disability certificates seriously. Apart from responsibility and commitment, they also had to have a rounded picture of multiple disabilities while issuing the certificates.

He was speaking at the inaugural of a State-level workshop on Disability Evaluation and Certification organised here by the National Institute for Empowerment of Persons with Multiple Disabilities (NIEPMD).

NIEMPD Director Neeradha Chandramohan said currently certification was being done only for uni-disability or a single disability. The training programme was organised to orient doctors on multiple disability certification. A disability of 40 per cent or more was caused by blindness, low vision, hearing impairment, mental retardation, mental illness, locomotor disability, leprosy (cured), Cerebral Palsy and Autism. Multiple disabilities indicate a condition in which the disability is caused by two or more of the above causes, she added.

The objective of the workshop was not only to disseminate information to doctors regarding the guidelines, but also to clarify their doubts regarding the current evaluation process. The issue of simplifying the process was also taken up at the meeting, as the medical boards met only once a week to give certificates. It was mentioned that this was insufficient to cover a substantial portion of the disabled population.

The recommendations from the meeting would be sent to the Government of India through the State government, Dr. Chandramohan added. The workshop was conducted by the NIEPMD with the National Institute for the Orthopaedically Handicapped, Kolkata, and the Ministry of Social Justice and Empowerment.