Throwing out workers with visual disabilities enmasse may be a bad precedent!

Dear Friends,

Cases like this are surely a discouragement to the voluntary initiative of private sector and are in bad taste-  both for employers and employees with disabilities.

Its difficult to prove how it all started and whether it was due to conflict between Management and Union or really due to no work being done by workers. One thing is clear, if the workers have been working for five years, they can't be shunted out in this fashion.

The management on the other hand should seek the active involvement of disabled employees in providing reasonable accommdoation. I also see a larger role here of NGOs that work in employment areas to diffuse the crises to set good precedent!

regards

Subhash C Vashishth

Click here to read from source:   Suspended visually-challenged workers say firm’s move against law

-Nisha Nambiar

Pune: Approach disability commissioner; company says they were doing no work but will get pay till probe ends.

Twenty visually-challenged workers, who were suspended by a private firm in Chinchwad, have approached the Disability Commissioner complaining about violation of their rights under the Equal Opportunity Act 1995, which says disabled persons cannot be suspended.

Uma Precision Pvt Ltd had issued the suspension orders on Monday. The workers submitted their representation to the Commissioner on Tuesday. The matter will be heard on Friday.

Advocate Vaishali Sarin said that the employees have been working with Uma Precision since the last five to six years and the company cannot suspend them. “It is against the law,” she said. Sarin along with these workers will hold a sit-in protest at the company’s gates on Wednesday morning.

The firm has been into auto ancillary products for 30 years and has nearly 500 employees. It had employed the workers in its punching unit. They had been working since 2005. The workers, who are part of the MNS’s Maharashtra Navnirman Kamgar Union, had clashed with the firm’s officials earlier too.

The company officials said the workers were suspended and a probe was being conducted. Director of the firm’s Human Resources department Dilip Tilekar said the employees were not doing any work and were suspended for gross misconduct. “A committee would conduct the probe. There would be a hearing in the coming week. They would be given a chance for their say,” he said. However, these employees will continue to get their pay till the probe is completed and hearing of the case is conducted, he added.

Sarin, however, maintained that workers had been doing good work and many of them are the sole breadwinners of their families. “I am the sole breadwinner of the family. It would be very difficult to find another job soon,” said one of the suspended workers. Trainer Sunil Chordia alleged that the workers were not given adequate work and the company cannot complain about them sitting idle.

Leprosy cured/affected still begging for want of rehabilitation measures & non-acceptance of society

Give leprosy-affected a chance: Times of India


IANS, 31 January 2010, 03:05pm IST

"Maataji, Babuji, namastey, namastey!", he greets people brightly at the traffic light, a smile lighting up his creased face. Kondasamy is one 31st Jan, World Leprosy Day (Getty Images) among the hundred leprosy patients in Delhi.

If Kondasamy, in his 30s, has ever been pained by noticing people shrink away when he puts out his disfigured hand for alms, then he has chosen to hide it behind his ever cheerful veneer.

"Tum ko uparwala banaye rakhe (may the almighty bless you)," he says in humble thanksgiving to anyone who gingerly drops a coin into the aluminium can - taking great care to ensure they do not touch the utensil - dangling from his wrist.

Kondasamy, who belongs to Bangalore, says he is cured of the disease. "I am cured. I was cured 15 years ago," he says cheerfully.

Kondasamy begs for a living to feed his family - his wife, also a cured leprosy patient, and his two-year-old daughter, who does not have the disease. He stays at a Kusht Ashram (leprosy home) in south Delhi run by the government, where there are many others like him.

"Yes, we have doctors coming to check us and I take medicines," he says. His wife stays at home to look after the child. Like Kondasamy, some of the other inmates of the ashram go out to beg.

In India, the recorded cases of leprosy have fallen from 57.6 per 1,000 people in 1980-81 to less than one per 10,000 in December 2005, which is considered the level of elimination by the health ministry as short of total eradication.

One can spot leprosy patients outside major temples in the capital, including the Hanuman temple in Connaught Place and the Sai Baba temple in south Delhi's Lodhi Colony. They sit on wheelchairs, with their belongings - all stuffed into plastic packets hanging from the chair. The wheelchair is their home - come winter, summer or rain. For protection against inclement weather, they have a thick plastic sheet to cover themselves.

And on days when there is sufficient water, like when a pipe nearby has sprung a leak, one can see them squatting near the water source, soaping themselves and enjoying a bath, by the roadside.

Food is not a problem for them if they are positioned outside affluent temples. They often get to savour platterfuls of puri, halwa, aloo subzi - all distributed by the devout on special auspicious days - notably Tuesdays and Saturdays. On other days, they get enough alms to buy food.

Leprosy (also known as Hansen's disease) is caused by a bacillus, Mycobacterium leprae. According to the World Health Organisation, the bacillus multiplies very slowly and the incubation period of the disease is about five years. Symptoms can take as long as 20 years to appear. Leprosy is not highly infectious. It is transmitted via droplets, from the nose and mouth, during close and frequent contacts with untreated cases.

According to the International Federation of Anti-Leprosy Associations (ILEP), a federation of 15 non-governmental anti-leprosy organisations, based in London, India currently has about 64 percent of all the new leprosy cases in the world, followed by Brazil with about 17 percent, then Indonesia with about 7 percent. Other countries reporting more than 1,000 new cases in 2006 include: Angola, Bangladesh, China, The Democratic Republic of Congo, Madagascar, Myanmar, Nepal, Nigeria, The Philippines, Sri Lanka and Tanzania.

A cure for leprosy was identified in the form of Multi Drug Therapy (MDT) that came into wide use from 1982 following recommendations of WHO.

ILEP says: "Many of those cured of the disease will have to live with the consequences of leprosy. It is estimated that probably at least 3 million people are living with some permanent disability due to leprosy, although the exact figure is unknown."

In the national capital, MESH (Maximising Employment to Serve the Handicapped), an NGO working with 40 groups of disabled and leprosy affected people for their rehabilitation, trains them in different craft skills.

The leprosy affected or their children are trained in weaving, designing, woodcraft and toy-making. The end products - elegant bedspreads, table linen, cloth bags, stuffed toys and cards are sold at their outlet in Delhi and Hyderabad.

MESH held an exhibition and sale of handicrafts made by leprosy affected people at their south Delhi outlet Saturday, and also screened a documentary "Towards Dawn".

Now some "Action Plan" to set things right at Asha Kiran

Dear Friends,

This is subsequent to my earlier posts on continued deaths of inmates at Asha Kiran - A Govt. Run home for Intellectually challenged persons. Now after several deaths in a row and mass agitation by Civil Society, finally Delhi Government seems to have woken up to the mess that has been created at the Govt. run home for the Intellectually Challenged persons. This indicates that persons with disabilities with no family support are not the priority of the Government. 

I have three major objections to this process:

(a)  It is surprising to know that no civil society organisations/stakeholders were invited to the meeting.
(b)  Secondly appointing contractual employees in these centres will not improve the conditions unless they are given decent wages.
(c) Thirdly though the Delhi Govt has admitted lapses on the part of authorities, there is no criminal action on the persons responsible indicating how Delhi Govt. values lives of persons with disabilities!
(d) The whole process of managing the action plan seems to be medically oriented with Doctors treating the patients! There is no rehabilitation professional involvement nor is any thing being discussed to ensure their social political rights, Right to education for children under 18 years, vocational training etc.

I wonder whether the thought process in the political class has undergone any change in light of  India proudly signing UNCRPD ! There is no doubt that  involving civil society, National Trust and Rehabilitation Professionals will give more credibility to the Government's action plan and the Government should seriously consider this for in absence of this and given the past expereince, we might see the condition of these homes "back to Square one"!

Here is the coverage from Zee News and Times of India on the subject.

regards
SC Vashishth, Advocate


Delhi Govt. Brings Action Plan : Zee News

New Delhi: Under attack for a spate of deaths at an observation home run by it for the mentally challenged, Delhi Government on Wednesday came out with a time-bound action plan to ensure proper care and medical facilities for the inmates.


As per the action plan, some of the over 700 inmates at the Asha Kiran Home would be transferred to three buildings within next two months to decongest the existing home so that each mentally challenged child get proper care and attention.

The Government also decided to deploy well-equipped ambulances and upgrade other infrastructure at the home which witnessed 26 deaths in the last five months. Two inmates had died last week while one breathed his last on Monday.

The action plan was finalised at a high-level meeting, chaired by Chief Minister Sheila Dikshit and attended by Finance Minister A K Walia, Social Welfare Minister Mangat Ram Singhal, Health Minister Kiran Walia and Chief Secretary Rakesh Mehta, besides several top officials.

The meeting decided to initiate a series of short-term and long-term measures to overcome existing deficiencies at the home. The home is being maintained by the Social Welfare department.

Yesterday, Dikshit had admitted lapses on the part of authorities and said over 700 inmates were staying at the home against the sanctioned strength of 300.

In the meeting, it was also decided to appoint more attendants on contract basis to ensure proper care of the children.

"To overcome the situation of over-crowding in the Home, it was decided to shift inmates to three other existing buildings, which are being upgraded," an official said.

He said an expert team of the doctors will guide the authorities to shift the inmates. The meeting also decided to appoint separate administrators for the new homes.

Further, a special ward at Ambedkar Hospital is being readied to provide treatment to those inmates who may require hospitalisation, the official said.

Dikshit also instructed the health department to deploy three well-equipped ambulances for the inmates. Apart from this, mental health experts will be visiting the Home on regular interval for check-up of the inmates.

The Chief Minister also instructed authorities to conduct review of all existing homes so that no such incident takes place in future.

Walia and Singhal had visited the home on Monday and suggested a series of measures, including upgrading the shelter to a mini-hospital.
PTI



Finally, Asha Kiran inmates to be shifted : Times of India


TNN, Feb 18, 2010, 12.46am IST
NEW DELHI: After years of neglect and many deaths, the government has finally spelt out relief for inmates of the Asha Kiran home for the mentally challenged in Rohini. What was being proposed for over a decade is now being promised by chief minister Sheila Dikshit who has set a deadline to decongest the overcrowded home by shifting its inmates to three other buildings. One building in Bindapur and two others in rural areas are being upgraded for the purpose. The home as of now has space for 350 but it houses over 700 inmates.


Shifting will be undertaken on the basis of the gravity of the inmates' mental retardation.

The segregation will also be need-based. An expert team of doctors will guide the segregation process. There will be a separate administrator for the three buildings who will be fully responsible for the running of the home and will be accountable for all actions, CM Sheila Dikshit made it clear at a high level meeting on Wednesday.

Further, a special ward at Dr Ambedkar Hospital is being prepared to provide treatment to those inmates who may need hospitalization. The chief minister expressed confidence that there will be a positive change at Asha Kiran within two months.

The meeting, chaired by the CM, was attended by Finance Minister Dr AK Walia, Social Welfare Minister Mangat Ram Singhal, Health Minister Kiran Walia, Chief Secretary Rakesh Mehta, Principal Secretary (Finance) JP Singh, Secretary (Social Welfare) Manoj Parida, Director (IHBAS) and other senior officers of concerned departments.

Dikshit instructed officials to conduct a review of all existing homes so that no untoward incident takes place in future. To cope with the extreme shortage of staff, it was decided to employ attendants on a contractual basis.

Dikshit also said three well-equipped ambulances will be deployed at the home. The ambulances will act like mobile hospitals. Experts from Institute of Human Behaviour and Allied Sciences will visit Asha Kiran regularly.

Exclusionary practices continues to be forced upon those who acquired disability due to leprosy

Dear Friends,

I am startled with the news Separate residential unit to be set up for lepers, disabled, hope you too would share my concern.

The systemic apartheid meted out to the disabled especially those who acquired disability due to leprosy in the past continues even today. Its well known fact that with MDT (a new technique to treat leprosy), Leprosy is fully curable but many of our laws continue to stigmatize them and discriminate against without any medical or social basis!

Matrimonial laws still allow divorce on the ground of Leprosy. Leprosy cured are not allowed in the public places, temples etc.

They are not allowed to even contest elections or hold municipal posts in Orisa. The candidate Mr.Dhirendra Pandua had challenged the decision incurring disqualification to hold the post of Councilor and chairperson in Balasore municipality on the ground of him being a leprosy patient. The appeal went to Supreme Court who opined that a leprosy patient cannot contest a civic poll or hold the post of a Councilor or Chairperson of a municipality.

The apex court's verdict in September 2008 upheld the decisions of the Election Tribunal and the Orissa High Court that had upheld the provisions of the Orissa Municipal Act, which disqualify a leprosy patient from holding such posts.

Holding that these provisions are not discriminatory and violative of Article 14 of the Constitution, a Bench comprising Justices C K Thakker and D K Jain said "We do not find any infirmity or illegality in the judgement warranting interference."

The Supreme Court, though agreed that now with aggressive medication a patient may fully be cured of the disease, yet they did not want to take role of legislature and pass any order indicating existence of discrimination. They could have held the law to be against Article 14 but choose to be silent. The wisdom of Judges thought it prudent to leave it to legislature to amend the laws in light of new technology and development in science. Sad part is that Orissa legislature has not risen up to the occassion and the discriminatory law continues!

I can congratulate Maharashtra legislature who have become the first state to repeal the Leper Act of 1898 and currently all Leprosy Affected Persons can participate in election process on an equal basis with others.

However, the news of planning an exclusionary village for the leprosy cured with some visually and physically disabled persons in Maharashtra is something astonishing.

Despite advancement in the medical science and complete control over Leprosy which was considered as "Maharog" once upon a time, there has been no efforts to raise awareness in the society in general and change the laws that openly discriminate against the leprosy cured.

The Govt. of India has put programmes in place for containing the spread of leprosy and results are showing with the increased awareness, however, the recent statement of the Union Health Minister Mr. Gulam Nabi Azad doesn't inspire confidence in citizens for it indicates Govt's failure to reach out to the patients with infected form of leprosy. The data indicates reducing figures but we are yet to reach zero tolerance stage.

But this from no angle justifies continuance of discriminatory laws which are reflections of the mindsets of the society surely repugnant to human rights philosophy and equality that Indian constitution grants to each citizen of India.

Even disability was considered as a bane, a result of karmas and thus the disabled were often shunned out of society with no rights and they were often left to survive on alms. Much water has passed since then. Social model of disability seems to be replacing the Medical model and we are moving towards a rights based model of society.

However, the leprosy cured disabled continues to be discriminated even today. Even within the disability sector, they have been marginalised due to lack of awareness. I was stuck with a question posed by one gentleman with disability!, "why lepers in disabled category?" Ignorance! I said to myself and then went over explaining him, prevails! But should we allow this to continue?

We need larger sensitization and support of medical community to spread the word to shackle the age-old beliefs about leprosy.

I feel leprosy cured have failed to reap the benefits of the Persons with Disabilities Act till date, despite bring included in the definition of Disability well in 1995 itself.

This needs to change and the disability sector needs to intervene to discourage this discrimination. Can we start from ourselves?


--
Warm regards,

Subhash Chandra Vashishth
Advocate-Disability Rights
Mobile: +91 (11) 9811125521

Want to become Judge? An ideal opportunity for VH law graduates in Delhi

Dear friends,

The Delhi High Court will hold Delhi Judicial Service Examination to fill at least 60 posts of Lower Judiciary in Delhi soon. I have been constantly calling upon the Visually Impaired Candidates to come forward in large number and appear for this august examination to make at least some beginning. Why I say so is because, there are five posts reserved for the Candidates with Low Vision/Blind and out of these only one has been advertised for first time, the remaining four vacancies are carried forward vacancies. You will be amazed to know that one carried forward vacancy has been advertised for fifth time, 01 for third time and 02 for second time!!

This indicates that either the information is not reaching out to the blind candidates or they are not keen on it or they are not geared up/prepared for it or there are no eligible VH candidates available!! I am sure the latter one is not true for the data of students passing out from Law Colleges indicates a good number of VH students passing out successfully. Then where they are going? I am writing it here so that I am able to circulate this information to the largest network possible and assist them in preparation for the same.

I have been told by many prospective candidates that they need some training and coaching for this which is not available in their near vicinity. The Govt. or the Delhi High Court has not made any such arrangement so far to make some special efforts to fill these vacancies by way of counselling, coaching and training. A few professional institutes that exists are not geared up to handle the needs of the VH. Non-availability of study material in alternate formats and modern technology/gadgets are other stumbling blocks.

I had written an article some time back on what all it takes for a blind to become a Judge or hold a position in Judiciary here on this blog and I received many positive comments that it was not only able to sensitize many outsiders but also insiders of the Disability Sector and particular the Visually Impaired brethren. And they promised that they would surely be looking forward to the next advertisement for the recruitment.

How to apply for Delhi Judicial Service Examination 2010?

(a) Qualifications and Age: , Indian Citizen, Law Graduate from recognised university, practicing as an advocate or qualified for enrolment as an Advocate under Advocates Act, Not more than 30 years of age as on 01 January 2011. (Age relaxation applicable for SC/ST/Ex-servicemen/ Disabled as per rules) (Though advertisement doesn't say about age relaxation to disabled but it can be presumed in light of DOPT memorandum dated 29.12.2005 regarding the same (Click for Hindi version of memo)

(b) Now if you qualify in the above criteria, go and fetch the Application Form and DJS Registration form both by paying Rs. 100 (for Disabled, SC/ST) and Rs. 600/ (for General Candidates) on any working day between 03.11.2009 - 30.11.2009 (10.30 AM to 01.00 PM and 02 PM to 4 PM) from Filing Counter of Delhi High Court. Those who can't go, can ask for it by post also (refer to detailed advertisement)

(c) Important Dates : Submit the filled application in person (By hand) at Filing Counter till 4 PM on 01.12.2009 or by Registered Post Ack Due so as to reach not later than 4 PM on 01.12.2009.

For further details refer to detailed advertisement

Hoping to see many Blind/ Low Vision candidates competing and getting appointed this time!

regards

Subhash Chandra Vashishth

Advocate, Disability Rights

09811125521

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.

We need watch dogs and tab keepers to keep the disabilty movement vibrant

Dear Friends,

I appreciate such vigilant players in the disability sector. Such advocacy gives strength to the overall vibrancy of the Indian disability sector. We need to keep tab on various promises, laws and rules. Often, it is forgotten as new pressing issues overwhelm us. That is why the importance of such tab keepers.

If this fund is directed to the sector, we can have as many special schools, inclusive schools and accessibility around us besides vocational training and employment opportunities for Indians with disabilities. I know how many genuine organisations are not able to provide services due to resource crunch and delay in Govt. funding. The grants do not reach them even after the passage of the year for which they were required. The rampant corruption in providing support and grants. Each time, the authorities hide behind the excuses of their limited economic capacities when it comes to ensuring accessibility in infrastructure and providing support services.

The banks should be penalised for these lapses and made to pay interest at market rate for amassing the money for so long.

Also, we can't expect the CAG to be wise enough to know the needs and intricacies of the issues involved in the Disability Sector. Therefore, I would suggest that with CAG as its head, we could have membership from the disability sector to suggest and plan on how to spend the amount bring cheers in the lives of those experiencing disabilities and their families.

In addition to MSJE's funding, this money could be utilised for the special projects like vocational training, improving employement facilities, creating barrier free environment and more particularly towards the social security systems for those with no help from any corner. The constitution of such a board will also reduce the bureacratic hurdles that we often see in other departments especially in ministries like MSJE and the likes.

Congratulations Collin, once again!

Here is the news:
Banks pocketing funds meant for disabled
TNN 5 September 2009, 02:41 am IST

NEW DELHI: Banks and financial institutions have been pocketing an estimated Rs 724 crore annually by rounding up interest tax collections since 1993 despite a Supreme Court directive in 2004 that this money be used for creating a fund for implementation of the Disabilities Act to benefit disabled persons.

"Though a Trust headed by the Comptroller and Auditor General (CAG) was set up, it appears that apart from starting a scholarship scheme for disabled students envisaging a maximum expenditure of Rs 1 crore per year from August 2008, nothing further seems to have been done," alleged a PIL in the Supreme Court on Friday.

Appearing for the petitioner, senior advocate Colin Gonsalves told a Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and B S Chauhan that the total sum due from the banks was now to the tune of Rs 10,000 crore and if it was given, implementation of the Disabilities Act would not require state funding at all. He showed the 2004 judgment of the apex court on this issue. This made the Bench issue notice to the Centre. In 2004, the SC had directed: "Despite the progressive stance of the court and the initiatives taken by the government, the implementation of the Disabilities Act is far from being satisfactory. The disabled are victims of discrimination in spite of beneficial provisions of the Act."

"We are therefore of the opinion that in the larger interest a fund for the aforementioned purpose be created with the amount at the hands of the Union of India and the appellants and other concerned banks, which may be managed by the CAG," it had said. "We would request the CAG to effect recoveries of all the excess amount realised by the Union of India by way of interest tax and interest by the banks and other financial institutions and create the corpus of such fund therefrom.

The appellants and other concerned banks are also hereby directed to contribute to the extent of Rs 50 lakh each in the said fund," the SC had said in its 2004 judgment. Gonsalves said as against Rs 5,000-10,000 crore which ought to have been collected, the amount collected is approximately Rs 150 crore of which Rs 1 crore has been earmarked for a scholarship scheme for disabled students.

Click here to read from the Source: The Times of India

Harmonizing Disability Act with UNCRPD

'Disability Act should conform to UN model'
Ashish Sinha
New Delhi, September 8, 2009

Click here to read from source: India Today

On a day Taare Zameen Par won the national award for being the 'best family welfare entertainment film', Prime Minister Manmohan Singh authenticated the need for an attitudinal shift towards persons with disabilities.At a conference of state welfare ministers, Singh said India lagged in adopting the correct - human rights - approach on the subject. He said the Persons with Disabilities (PWD) Act, 1995 would be "comprehensively" amended to conform to the UN Convention on the Rights of Persons with Disabilities (UNCRPD), enforced in May 2008. India is a UNCRPD signatory.

"I found in each one of them (persons with disabilities) a determination to live productive lives and make their individual contributions to society. We should give them every possible opportunity to do so. They need equal opportunities as equal citizens with special needs," he said.The UN convention redefines the old approach of viewing persons with disabilities as "objects" of charity, medical treatment and social protection.

The PWD Act, to a large extent, suffers from the same shortcoming with the state becoming the 'provider' - sometimes the 'facilitator' - for persons with disabilities. Experts said other legislations on the subject also suffer from the old mindset and rather than "comprehensive amendments", a new set of laws was necessary.The UN convention sees people with disabilities as "subjects" with rights, capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of society.

"The PWD Act lists seven disabilities - blindness, low vision, leprosy- cured, hearing impairment, locomotor disability, mental retardation and mental illness. The UN convention doesn't restrict the definition. It talks of higher support need as a matter of right," said Poonam Natarajan, chairperson of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities.

"A person is not disabled; it is the environment that makes him so. Their legal capacity must be redefined.They should have full control over decision-making and choices," she said. The Prime Minister described persons with disabilities as those having "evolving capacities". After enforcement of the UN convention, the focus shifted to providing equal opportunities to persons with disabilities so that their potential could be harnessed.

"The medico-charity model needs to be dumped. Disability, simply, is diversity. It means the right to live with dignity and equal opportunities. The mindset of the administrative machinery, however, is no different from most of society where stigma is associated with disability," said a senior IAS officer working in the sector.

Last year, the government had announced an incentive scheme to promote employment of persons with disabilities in the private sector. The Prime Minister pointed out the scheme hadn't made much headway. " This may partly have been because of the economic slowdown. But as our economy is now emerging from its slowdown phase, I urge the corporate sector to respond handsomely in the implementation of the scheme," he said.
Courtesy: Mail Today

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.

Relief by CBSE to All Chidren who come under Definition of Disabled of PWDA- an enabling or disabling provision?

Dear Friends,

The CBSE announced a few months back certain amendments in the bye-laws thereby bringing more relief to the students with disabilities. In comparison to earlier provisions on scribes/extra time & relaxations in subjects, compulsory three languages and 75% compulsory attendance to be eligible for appearing in CBSE Board exams, we have new relaxed provisions now.

While the attendence requirements have been reduced to 60% and provisions of scribes and extra-time of 20 minutes per hour of exam etc have been allowed to all those who come under the definition of "a person with disability" within the ambit of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act- 1995, (in short PWDA) i.e. those with 40% and above disability. This was earlier allowed only to those with Spasticity, Blindness, and Dyslexia & those with physical disability restricting in writing and use of hands. Exemptions from third language was allowed to those with hearing impairments too!

The biggest beneficiaries will be those who did not come under any of the earlier categories allowed exemptions but this benefit would now be even available to those with physical disabilities who actually have no organ limitation in writing the examination and can write as fast as any other non-disabled child could write.

While this can be seen as a new trend to support those who are experiencing disabilities of some or the other kind and to a certain degree as required under PWDA, and to compensate for the lack of equal opportunities for them in the past. But at the same time, it might tilt the balance of convenience in the favour of those who actually don't require it at all. Also, allowing scribes/writer to those who can write for themselves will open up another pandora's box!

I feel a rethinking is necessary when it come to allowing writer /amanuensis to all the disabled children!

On the other hand we see is a cut-throat competition to achieve higher percentages; for you loose out on getting admission to your preferred college or to get selected in MAT/CAT etc merely because of a fraction of percentage in marks. Thus, those who are in genuine need of the facilities of scribes and extra time would actually be at loss in the present system of a mad fight for percentages. Tommorrow these candidates have to sit in competitive examinations like CAT/MAT etc where no extra time is given to all, as of today.

Therefore, unless the Ministry of HRD, Govt. of India, does something seriously about the percentages etc. and number of seats in the higher education, it would only allow these students to get stuck after the CBSE's exams to reach no where!

In fact I would suggest that giving extra time to students has its own advantages. The child will write only that much which he knows or has studied. By this logic, extra time can be given to any one who needs it! It reduced stress; Child performs to his best; Slow writers can even complete the exam to their satisfaction; those with impairments in writing or those using writers/scribes will also get sufficient time to complete. But then it should also be extended in other exams too which a child has to compete immediately after CBSE Exams in order to plan for his career! Otherwise, it might be considered as a stick that further disables rather than enabling!

Regards

SC Vashishth,Advocate-Disability Rights

Click here to Read the New Notification of CBSE

Click here to read the following news from source: CBSE Amends Exam Rules for Disabled Candidates

The Central Board of Secondary Education has announced certain amendments in the examination bylaws. Candidates with disabilities, as defined in the Persons with Disabilities Act, 1995, have been exempted from the examination of a third language.

The previous rule (Rule 23) covered only candidates who were blind, dyslexic or had a speech or hearing disability.

According to the new amendment, candidates covered under the Act appearing for the Secondary School Examination or Senior School Certificate Examination are permitted to use an amanuensis (writer) and will be allowed additional time.

For a three-hour paper, students will be given an extra time of 60 minutes and for an examination of two hours, the duration will be increased by 40 minutes.

Both the amendments cover autistic students as well. These candidates also have the option of studying one compulsory language as against two. “The chosen language should be in consonance with the overall spirit of the ‘Three Language Formula’ prescribed by the Board,” reads the amendment.

Earlier, a candidate (other than blind, physically challenged or spastic) had to pay the fee prescribed for the use of an amanuensis. But, according to the changed rule, the services of an amanuensis will be provided free of cost.

A new rule added to the bylaws also defines a ‘regular course of study’. A regular course of study means that students participating in sports at the national level (organised by recognised federations), shall have to maintain at least 60 per cent attendance. Candidates taking up subjects involving practicals will be required to devote at least 60 per cent of their total attendance to practical work in the laboratory.

Unless a student fulfils the requirements, he/she will not be eligible to sit for the examination. Heads of institutions have also been instructed to not allow a candidate with subjects involving practicals to take the examinations unless the attendance requirements are met as per the rules.

Again to Jantar Mantar: Education bill 'flawed', will move Supreme Court: Expert

Dear all!

I think we should not be befooled by the false promises of Ministers - who as many say - are hurrying up to finish their 100 days agenda and have been bringing up bills in haste without consulting the stakeholders and without public scrunity!

I am personally not convinced with what media reported today with regard to RTE and disability. Mr. Anil Sadgopal and others have decided to move Supreme Court against the Bill in the present form.

Do you think we can join in the Dharna again at Jantar Mantar and join hands with Mr. Sadgopal & others against the RTE Bill in present form and seek to include disability in to mainstream business. The bill is flawed on many other issues also. And unless these flaws are addressed, inclusive education will only remain an utopia and never be realised!

And I sincerely believe that while we strongly advocate and talk of inclusion in the mainstream schooling system, the sector we work with will also suffer the same issues in these mainstream schools. The following issues concern the education and early intervention of children with disabilities also:

(a) Non - inclusion of children from 3 years to 6 years age group in the bill while the Govt. Schools have started admitting children for pre-school.
(b) No support or talk of community schools concept
(c) No system to tackle fees hike in private schools
(d) No clarity on how govt. will make re-imburse the money spent on students.(e) If it is a bill for rights of children then why children up to 14 are only covered? If the law doesn't consider under 18 to be adult - then why not include children up to 18 and below. Also in case of Disabled it could be raised to 21 from present 18.

Besides this, disability related clauses like can also be included:

(a) Relegating disability to chapter V of PWD Act and not mainstreaming the issue in the bill
(b) Non-addition of Children with disabilities in definition of "Disadvantaged children"
(c) Non-inclusion of Special schools
(d) No system of re-imbursing money to special schools

The MSJE pays a paltry sum to NGOs for running schools, under grants which is subject to reduction by certain percentage every year! Why can't Govt. re-imburse education per child to NGOs also on the same pattern? Why discrimination among disabled and non-disabled children. If the money is earmarked, many NGOs, private institutions & community schools, private and govt. schools would come forward to include children with disabilities.

Also mere statement of Mr. Sibal in the Parliament that disadvantaged children would include disabled children holds no water in the eyes of law. Mr. Arjun Singh had made a very bold statement on the subject few years ago but that remained a statement till date. Therefore, let us not believe on the statements of politicians and we should not rest till it is added in the legislation itself.

Also it is a sufficient ground for review that the bill had been introduced and passed by both the houses without a single public hearing for a legislation with such far-reaching consequences. We had no time to discuss it and its ramifications in its totality and only adhoc issues could be raised in the protest!

Click here for Addditional Reading for Meri News

Now AISA and All India Forum to Right to Education have decided to hold a public hearing and thereafter go to Supreme Court agaisnt it. Here is the call:


A Public Hearing on the Right to Education Bill
and UPA's Other Proposals Towards Commercialization of Education
August 7 (Friday), Jantar Mantar, 11 am Onwards

Jury Members:
Prof. Anil Sadgopal, noted educationist
Prof. R.K. Agnihotri, Delhi University
Prof. Minati Panda, JNU
Prof. Nawal Kishore Choudhury, Patna University
Dr. Azra Razzak, Jamia Millia Islamia
Colin Gonsalves, Human Rights Law Network
Kedarnath Pandey MLC, Bihar, Teacher Leader
A. Narasimha Reddy, Vice President, Andhra Pradesh Save Education Committee

The UPA government has passed the farcical “Right to Education Bill”: and the MHRD is busy touting this as a "historic" piece of legislation that will finally open the doors of education and empowerment to each and every child of the country. From its title, the Right to Education Bill passed on 20th July by the Rajya Sabha and on 4th August by the Lok Sabha suggests that its aims to make education a basic right available for all. Sadly, nothing could be further from the truth. The RTE in its present form is a farce in the name of genuine right to education - it designed to keep in place the discriminatory, multi-layered education system that currently prevails. In 1993, in the Unnikrishnan judgement, the Supreme Court declared that from birth until the age of fourteen, children were entitled to free and compulsory education and this was accorded the status of a basic right. This is how the genuine Right to Education is best defined.

In contrast, what the new bill promises is laughable. It states:

Ø That 25% seats in private schools will be reserved for poor students for "free" education in private schools. The government claims that it will pick up the tab for the tuition fees for these children. However, the fact is that the government only promises to provide “vouchers” to poor children equivalent to the admission fees of government schools. Do Mr. Sibal and the MHRD seriously believe that the fees in private schools and government schools are in any way comparable? Also, how will these children from poor families pay ‘picnic’ fees, textbook ‘fees’, sports ‘fees’ and other such expenses that private schools regularly extort?
Ø Even if poor students manage to survive until Class 8, what will happen after this, when the government stops paying their fees? These children will be out on the streets once more, while those of their classmates who could pay the exorbitant fees, will pass Class 12 and go on to enter the hallowed portals of IITs, IIMs or prestigious foreign universities. There is one answer to all these complexities — a Common Schooling System where every school [including the private schools] will be a neighbourhood school. But it is this one solution that all the torturous provisions of the bill could not come close to. The RTE is completely silent on this crucial question.
Ø The RTE is nothing but a blatant attempt of the UPA government to shirk its responsibility to provide universal, affordable and quality education. Instead of handing over education to private schools, shouldn’t the state be working to set up better government schools? We all know how the rising fees of private schools is putting a strain even on middle class budgets. The recent agitations in Delhi against the obscene fees charged by private schools is proof enough.
Ø This is not the first time that the "free" schooling has been promised - residents of Delhi are well aware that private schools in the city were provided land practically free of cost by the government, in return for which supposed to give "free" education to poor children. Exactly how many poor children are able to access these elite facilities is there for anyone to see.
Ø What is also worth noting is the near-consensus in the parliament to support the farce that the UPA is peddling in the name of “Right to Education”.

In both the Rajya Sabha and the Lok Sabha, the RTE was passed unanimously with no opposition whatsoever. The RTE in its present form has several fundamental, structural problems and ambiguities that shelve it of any potential to really provide fundamental right to education as mandated by our constitution and the landmark 1993 Unnikrishnan judgment of the Supreme Court. What is shocking is that the UPA as well as the NDA government before it are trying their level best to undermine and restrict the scope of the landmark Unnikrishnan judgment of the Supreme Court and the fundamental right of education underlined in the constitution under the garb of this "Right to Education Bill".

The farcical Right to Education Bill however is just part of the larger package of commercialisation and privatization that the UPA government has in store. 100-day agenda announced by the Ministry of Human Resources Development (MHRD). Kapil Sibal has promised ‘radical’ reforms in the country’s education system. As you are well aware, the ‘reforms’ in education which the MHRD is advocating are nothing new. They are but a ruse for the government to escape its responsibility towards education and deliver it entirely into private hands. More than a decade of anti-privatization struggles by students have forced Governments to change their vocabulary; to ‘dress up’ their privatization-commercialization agenda in a grand cloak of ‘reform’.

It is in the context of the UPA government's covert plans to sell out our education system to the private sector in bits and pieces that the All India Forum for Right to Education (AIFRTE) and AISA are organizing a Public Hearing on 7th August 2009 (Friday) at Jantar Mantar from 11 am onwards. This pubic hearing will be attended by a wide cross section of society - intellectuals, teachers, students, and residents of Delhi from different sections of society.

We request you to attend the programme.

Ravi Rai, National General Secretary, AISA
9868661628


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Warm regards,
Subhash Chandra Vashishth
Advocate-Disability Rights
Mobile: +91 (11) 9811125521

DoPT fails to give IAS post to Hearing Impaired Aspirant despite clearing the exam thrice!

Dear Friends,

We saw a similar fight by few others including Shri Ravi Kumar, a candidate with Low vision who cleared Civil Services exams almost thrice and was denied by DoPT because no post was identified for disabled! Even after court's verdict, the PMO had to intervene and issue a consolation that posts have been identified for the disabled.

However, this case of Shri Maniram reveals the inherent apathy and lackadaisical attitude of the Govt. of India to include people with disability in the mainstream despite clearing their exams and competition at their own merit - forget about reservations and relaxation of standards!!

Such incidents only indicate that MSJE and GOI have failed the disabled segment, the PWD Act and the UNCRPD that India signed with so much fanfare! When this Government would stop looking at Disability from a medical angle of percentages ? If the person can prepare and clear the exams at his own merit at 100% disability then what is the fun of insisting a 70% disability to be eligible for which he has been made to undergo a cochlear implant? Now none of the Govt. Hospital has facility to measure the degree of disability!

It may be relevant to mention here that Shri Maniram is already working satisfatorily in Rajasthan Administrative Service having proved his mantle there but DOPT and Central Civil Services seem to purposefully perpetrate discriminatory exclusion agaisnt those with disabilities.

Is this because the central bureaucracy doesn't want the disabled segment in its fold? Is it because the DoPT doesn't know about abilities inherent in the human diversity such as those with hearing disability ? The issue is of attitude and approach which is negative and unwelcoming to those experiencing disabilities and should be condemned.

Such practices should be discouraged in the strongest words possible as these perpetrate the age old practice of looking at disability from medical model. Why can't the assistive aids and devices with modern technology be used to provide reasonable accommodation to Maniram to facilitate him a better and congenial working atmosphere?

I think the Govt. doesn't seem to have understood the concept of reasonable accommodation and their ignorance is proving to be so dear to thousands of aspirants. The inaction on the part of Govt. deserves shame and the sector should stand up united against such discrimination.

This is a fit case where he should be appointed immediately with all benefits like seniority of service, back pay and other benefits besides compensation for the mental agony and harassment suffered.

DoPT should be penalised for failing to facilitate his appointment since 2005 despite clear cut rulings of Courts, Directives from PMO and stated legal position! Has the gentleman filed any case in the court of law seeking immediate appointment and compensation?

Warm regards

S C Vashishth, Adv

Click here to read the article from source: Govt deaf to Maniram's cry for justice

Rema Nagarajan, TNN, 26 July 2009, 05:31 am IST

He's deaf and has cleared the civil services exam three times — in 2005, 2006 and 2009. And yet, he continues to be cheated of his dream job — joining the Indian Administrative Service (IAS). The first time, Maniram Sharma was turned away by the department of personnel and training (DoPT) because there was no policy of accommodating a deaf candidate. The second time he cleared the exam, the policy bottleneck was sorted out. But with a rider — only candidates with less than 70% hearing disability qualify for the IAS provided they cleared the exam. Maniram, being 100% deaf, was not eligible for the service. But he didn't give up.

To improve his hearing, Maniram had a surgical cochlear implant, costing Rs 7.5 lakh. He appeared for the IAS again this year and achieved the highest score in the hearing-impaired category. But his medical examination categorized him as 70% disabled — just a shade higher than the qualifying disability level. The finding itself was strange. Of the 791 candidates selected this year, Maniram's score in the interview was among the top 50 (220/300). And he scored these marks in an interview that required direct interaction — an improbable feat if he were 70% disabled.

Previously, when Maniram had cleared the written exam and reached the interview stage, an LCD projector was used to put questions on a screen. That was in 2005 and 2006 when he was 100% deaf. ENT doctors in Delhi's RML Hospital, where he had his cochlear implant, have certified he has a 100% permanent hearing impairment, discounting the implant done by its own doctors which has now helped him hear.

The ENT doctors' board of Sawai Mansingh Hospital in Rajasthan, his home state, constituted to assess Maniram's hearing, has said that audiometry and other specific tests are required to assess hearing in a patient with a cochlear implant. And these were not available in the institute.

Dr J M Hans, former head of RML's ENT department, who conducted the surgery on Maniram says that the only way to measure the hearing of a person with cochlear implant is with an instrument called electrical BERA or "brainstem evoked response audiometry", which is not available in any government hospital. "The government ought to allow the test, which is available in the private sector, to be used by candidates," he says.

Dr Han's observation raises another question - if this instrument is not available in government hospitals, including RML, how did the doctors measure Maniram's hearing loss as over 70%?

Maniram is from Badangarhi, a remote village in Alwar district, which doesn't even have a school. He started losing his hearing at the age of five, becoming totally deaf by nine. His parents, both illiterate farm labourers, could do little to help. Yet, Maniram continued trudging to the nearest school, 5 km away and cleared class 10 standing fifth in the state board examination and cleared class 12 ranking seventh in the state board.

In his second year in college, he cleared the Rajasthan Public Service Commission (RPSC) examination to become a clerk-cum-typist. He studied and worked during his final year and topped the university in Political Science. He went on to clear the NET (National Eligibility Test). He then gave up his RPSC job and became a lecturer. Not satisfied with that, he became a Junior Research Fellow and completed his Ph.D in Political Science during which time he taught M Phil and MA students in Rajasthan University.

Having completed his Ph.D, Maniram got through the Rajasthan Administrative Service (RAS) and while in service he started trying for the civil services. Will his efforts be in vain?