Showing posts with label The Persons with Disabilities Act. Show all posts
Showing posts with label The Persons with Disabilities Act. Show all posts

Tuesday, March 24, 2015

Jharkhand CM unveils State's Disability Policy on 20 Mar 15

Dear Friends,

Jharkhand Chief minister Raghubar Das on 20 March 2015 (Friday) released the state's disability policy, underlining the need for collective efforts to facilitate barrier-free movement of people with disabilities and inclusive programmes to bring them into mainstream.

Mr. Das heading the BJP Govt in Jharkhand urged all government departments to be sensitive towards the problems of persons with disabilities and  to ensure proper execution of the policy to bring about tangible changes across the state.

"All old government buildings in the state, which currently do not have lifts, will soon be equipped with elevators to ensure barrier-free movement of people with disabilities," Das said while speaking at a daylong state-level workshop on disability at Sri Krishna Institute of Public Administration in Ranchi which was organised by Department of Social Welfare, Women and Child Development in association with NGOs Deepsikha, Chotanagpur Sanskritk Sangh and UNICEF.

The newly launched state disability policy accepts that at least 5 per cent of the state's population lived with some sort of disabilities - double the number (2.26 per cent) quoted in the recent census report of 2011.

Apart from barrier-free movement, the policy also stresses on inclusive programmes with regard to health, education, nutrition and employment, to ensure social rehabilitation of persons with disabilities.

To access the copy of the Jharkhand State Policy for Persons with Disabilities- 2015 in Hindi Language click on the image below or the Text Heading below the image. 

झारखण्ड राज्य विकलांग जननीति हिंदी भाषा में प्रकाशित की गयी है/ इसे पढ़ने के लिए कृपया निम्न लिंक पर क्लिक करें!





  झारखण्ड राज्य विकलांग जन नीति 2015


Friday, February 27, 2015

Amendment in Leave Rules in consonance with mandate of Section 47 of Indian Disabilities Act 1995

Dear colleagues,

There is yet another welcoming news from the DoPT in favour of government employees who became disabled during service and had to take long leaves for medical reasons. Such leaves were often revoked or refused by the senior officers/ department Heads on whims and fancies sincere there was a complete silence in the rules on the impact of Section 47 of the PWD Act.

The DoPT has finally amended the Central Civil Services(Leave) Rules 1972 to remove this anomaly to bring its leave rules in consonance with requirements of Section 47 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

The Memorandum provides that  leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding.  It also removes the ceiling on maximum permissible leave laid down in Rule 12  in such cases and thus any such leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account. The Memorandum allows even family members to make the leave application with medical certificates where employee is unable to submit due to disability.


Here is the OM reproduced for your ready reference:

No. 18017/1/2014-Estt(L)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, the 25th February, 2015

OFFICE MEMORANDUM

Subject: Amendment to Central Civil Service (Leave) Rules, 1972 – Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act, 1995,)-regarding

The Central Civil Services (Leave) Rules, 1972 were amended vide the Department of Personnel and Training Notification No. 13026/1/2002-Estt(L) dated the 15/16th  January, 2004 consequent to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act, 1995) which came into force from 7th  February, 1996.

2. Section 47 of the PWD Act, 1995 provides that services of no employee can be terminated nor can he be reduced in rank in case the employee has acquired a disability during his service. The first proviso to the Section 47 lays down that if such an employee is not suitable for the post he was holding, he could be shifted to some other post. However, his pay and service benefits would be protected. The second proviso provides that if it is not possible to adjust such an employee against any post, he would be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. Further, the Clause (2) of Section 47 provides that no promotion shall be denied to a person merely on ground of his disability. In Kunal Singh v. Union of India, [2003] 4 SCC 524, Hon’ble Supreme Court has observed that the very frame and contents of Section 47 of the PWD Act, 1995 clearly indicate its mandatory nature.

3. The issues relating to leave or absence of Government servants who have acquired a disability while in service are required to be dealt with in the light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The case of a disabled government servant who is declared fit to resume duty but who may not able to perform the duties of the post he was holding earlier may be dealt with as per the first proviso to Section 47 of the PWD Act, 1995. The second proviso shall apply if it is not possible to adjust him against any existing post. In all such cases, the Government servant so adjusted shall be entitled to the pay scale and other service benefits attached to the post he was holding.

4. A disabled Government servant who is not fit to return to duty shall be adjusted as per second proviso to the Section 47 mentioned above, until he is declared fit to resume duty or attains the age of superannuation whichever is earlier, with the same pay scale and service benefits. On being declared fit for resuming duty, the Government servant who is not fit for the post he is holding, may be adjusted as per the first proviso to Section 47.

5. Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding. The ceiling on maximum permissible leave laid down in Rule 12 may not be applied to leave on medical certificate applied in connection with the disability. Any leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account.

6. For a government servant who is unable to submit an application or medical certificate on account of disability, an application/medical certificate submitted by a family member may be accepted. The provisions relating to examination of disabled Government servants and the Medical Authorities competent to issue such certificates are also being amended.

7. Necessary amendments to the Central Civil Services (Leave) Rules, 1972 are being notified separately.

Sd/-
(Mukesh Chaturvedi)
Director Tel: 23093176

To obtain a signed PDF copy of the above Memorandum Click here: 

Amendment to Leave Rules for Employees with disabilities : 26 Feb 2015  


Related Media Coverage:PTI

Don't deny leave to disabled employees: Government tells departments

Thursday, 26 February 2015 - 4:00pm IST | Place: New Delhi | Agency: PTI

Any leave debited for the period after a government servant is declared incapacitated shall be remitted back into his or her leave account," the Department of Personnel and Training (DoPT) said in an order.

Leave applied on medical certificate in connection with disability of a government employee should not be refused or revoked, the Centre has said.

For a government servant who is unable to submit an application or medical certificate on account of disability, a family member is allowed to inform the office or submit required documents on his behalf, it said.

The Centre is in the process of notifying new rules to ensure equitable working atmosphere for persons with disabilities in government departments.

"Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a medical authority, whose advice shall be binding...

"Any leave debited for the period after a government servant is declared incapacitated shall be remitted back into his or her leave account," the Department of Personnel and Training (DoPT) said in an order.

As per rules, no employee can be terminated nor can he be reduced in rank in case the person has acquired a disability during his service. Even if such an employee is not suitable for the post he was holding, he could be shifted to some other post. However, his pay and service benefits would be protected, the rules said.

The rules also provides that if it is not possible to adjust such an employee against any post, he would be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

Further, no promotion shall be denied to a person merely on ground of his disability.

"For a government servant who is unable to submit an application or medical certificate on account of disability, an application or medical certificate submitted by a family member may be accepted.

"The provisions relating to examination of disabled government servants and the medical authorities competent to issue such certificates are also being amended," the DoPT said.


Source: DNA India 

Monday, June 23, 2014

An App to help locate disabled friendly buildings & facilities in cities

Dear Friends,

This one looks really interesting. I am aware that many cities in the world particular in the western countries do provide such a service. In Indian context, we have had access guides that helped people with reduced mobility to go around. However, an app for the android based smart phones is an in thing since this can be patronised by a large number of user-groups who frequently go out and commute.

Perhaps we could also introduce Accessibility Ratings for the Buildings which could readily hint people about the level of accessibility in the particular building. Here is the news item from The Mint on the initiative by the Maharashtra Govt.


Leveraging Google Maps, Accessible Places categorizes places based on services such as banks, ATMs, etc. 
Arundhati Ramanathan

Mumbai: It would solve so many of my problems if I knew which places were disabled-friendly,” said Asha Sinha, a 52-year-old whose leg was afflicted by polio. 

Sinha, who lives in the Mumbai suburb of Andheri, uses an electric wheelchair to get around. However, her movements are limited to her home, since most outdoor places do not have any support structures like ramps for easy access. “Every time I step out, I need two people to accompany me to lift the wheelchair,” she says. 

The Maharashtra government may have a solution for Sinha and 26.8 million more people with disabilities in the country, according to the 2011 census. The government’s directorate of information technology launched a mobile phone application called Accessible Places in February, where users can locate disabled-friendly places in the state. 

The idea for the app comes from the Persons With Disabilities Act, 2012 (PWD Act), which emphasizes on equality and non-discrimination which extends to all disability categories. 
“The disabled should enjoy the freedom and liberty to move to places they wish within the jurisdiction of the state or country. The government of Maharashtra is focused on promoting the rights of persons with physical disabilities through a range of social welfare approaches,” says the directorate. 

Leveraging Google Maps, the app, which is still in early stages of development, categorizes places based on services such as banks, ATMs, libraries, hospitals, schools, parking, heritage sites, metro stations, railway stations, restaurants and parks. 

Users can search for a location by selecting the type of service and the application shows all the places in that category on the map which accommodates the special needs of people. 
Accessible Places is a crowd-sourced app, which means its accuracy and coverage depend heavily on the users updating the information. 

Users can also add photos of places while adding information to make it more user-friendly. 
For example, Mumbai’s Ghatkopar metro station carries the disabled-friendly stamp on it on the app’s map. A picture uploaded by a user shows textured tiles intended to give a good grip to those using wheelchairs. It also says the station has an elevator wide enough to accommodate a wheelchair and has a ramp from road level up to the elevator, enabling easy access. 

“Very few places are disabled-friendly in India,” says Janaki Pillai, director of operations at Ability Foundation, a non-governmental organization working for empowerment, integration and rights of people with disabilities. “However, we are seeing a more conscious effort, especially from the newer buildings, to make them more inclusive.”

A first-of-its kind initiative from a state government, the app is available on all Android devices. iOS and Windows Mobile versions are also on the cards. It is free for use and does not need registration. 

“The app is one of the means by which we are extending support for sustainable and inclusive growth of the differently-abled persons and ensure they can visit places of their needs and those are accessible easily by the means of technology,” the directorate said. 
The organization believes that technology will help address crucial needs of the differently-abled. “People are now highly engaged with technology with the help of their smart phones. And mobile apps cater to every need and every aspect of life.”

The number of smartphone users in India was 51 million last year, which is expected to more than double to 104 million in 2014, according to the fourth edition of consultancy Deloitte’s estimates for the technology, media and telecommunications in India.

Mahaonline Ltd, a four-year-old joint venture between the state government and Tata Consultancy Services Ltd funded the app development. 

Mahaonline focuses on facilitating e-enablement and delivery of citizen-centric services.
Only a few disabled-friendly places are mapped at present, but the government hopes to map almost all state facilities soon and then nationwide infrastructure. 

The government is looking for proactive initiative from regional areas as well. It is also insisting that all departments and private organizations create provisions for the disabled in any new infrastructure or facility being set up. More disabled-friendly places will make the application richer and more useful.

“Though the impact of the initiative is not visible as of now, the Maharashtra government will make deliberate efforts for more mature and sustainable use of technology to the advantage of physically- challenged people,” the directorate said.

The government also hopes this application will be a catalyst to change the mindset of other governments and the people at large to address the basic needs of this section. 

“Fruits of the labour in terms of infrastructure changes and creation of a huge database where physically challenged persons can browse for accessible places will be visible in the near future,” said the directorate.

“This app is a great beginning,” said Pillai of Ability Foundation. “And the disabled will have a vested interest to make it better.”

Mint has a strategic partnership with Digital Empowerment Foundation, which hosts the mBillionth Awards.

Source: The Mint

Wednesday, February 26, 2014

Ordinance Route to push Disability Bill 2014 is against the Constitution

Dear Colleagues,

If we believe the news making headlines in today's newspapers, that the Congress leadership is trying to push the flawed disability bill of 2014 through promulgation of an ordinance - a backdoor entry, this is a disturbing trend  and must be desisted.

Firstly, without repealing the existing Act of 1995 the government - which is days away from the Declaration of fresh Elections for 16th Lok Sabha- they can not enforce this ordinance to benefit people even if brought in haste like this. Keeping in mind that even today, there are some states that do not have full time Disability Commissioners, over 50% persons with disabilities do not have disability certificates as admitted by the Minister himself in the parliament- do those who are supporting this bill claiming to be representing disabilities not covered in the present Act believe that all institutions promised in the ordinance would be constituted within 6-7 months and start to function to give them relief....?

If they believe so... they are grossly mistaken. And then, this ordinance will die its natural death, if the next government doesn't favour it.  Conventionally, it is the next government that should decide the fate of such pending bills which couldn't be passed by the parliament. At least I am sure that the present dispensation is not going to come back.... for the voter is now more aware! 

I strongly feel that ideally since the bill has been referred to the standing committee, we should await a better consensus bill. An ordinance will create huge confusion and will work counter productive for the existing rights available under the Act of 1995.  If the pressing needs of the disabilities not covered under the existing act are so overpowering, then the only prudent option  available in such a scenario is to bring in an ordinance improving the existing Act of 1995 to add the disabilities and extend the benefit to those who remain unrepresented. The existing Act had held the forte for close to two decades and a strong case law has been developed which shouldn't be lost sight of.  

Meanwhile let the Standing Committee do its work in partnership with the disability sector and let them bring in a consensus bill through democratic means. Will the Congress listen to the viable option or do they just want RaGa to play super government to score some brownie points?

Here is the writeup by Dr. Dhanda in Indian Express


February 24, 2014 11:38 pm

Amita Dhanda
Government should use the ordinance route, not to push the 2014 disabilities bill, but to make the 1995 act more inclusive.

In the realm of disability rights, the events of the last month have been controversial. The government obtained cabinet approval for the Rights of Persons with Disabilities Bill, 2014, which does not meet the standards prescribed under the UN Convention on the Rights of Persons with Disabilities (CRPD), as it reinforces popular stereotypes instead of challenging  them, and permits discrimination rather than prohibiting it.

It also moves backwards on questions of autonomy, choice and liberty. Due to these regressive features, segments of the disability sector have criticised the bill. The bill’s supporters pointed to its inclusion of 13 new impairments and the enhanced percentage of job reservation. Since the losses were outweighing the gains and many provisions required fixing, the chairperson of the Rajya Sabha referred the bill for consideration by a House committee — the most appropriate solution.

The dust had barely settled on this decision before another controversy engulfed the disability rights legislation. There are rumours that the government is planning to enact the bill as an ordinance. Two questions are being raised: one, can the government enact the bill through an ordinance after referring it to a House committee? And two, should the government take this route?

Under Article 123 of the Constitution, the president has the power to make law through ordinances, provided that first, both Houses are not in session and second, the president is satisfied that circumstances exist which render it necessary that immediate action should be taken. Insofar as the two Houses are not in session, the first condition is satisfied. However, the second condition is not met. The bill was sent to a House committee because it needed more work. It was only introduced in the House and sent to the committee, and no urgency to enact the bill was expressed or shown.

Any effort now to enact the bill as an ordinance, after it has been referred to the House committee, would, in light of the Supreme Court’s ruling in D.C. Wadhwa vs State of Bihar, be seen as a colourable exercise of power and a fraud on the Constitution. On a plain reading of the Constitution and by relying on judicial decisions, it can be stated that the president cannot enact the bill by promulgating an ordinance.

It is also important to ask whether the government should enact the bill by using an ordinance. While considering this question, we should appreciate that disability rights is not an unoccupied field. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 already controls the area. If the new bill is promulgated as an ordinance, it cannot become operable unless the act of 1995 is repealed. The act of 1995 has empowered a series of individual bodies and authorities to implement the statute.

All these entities would become dysfunctional if it is repealed. But there would be no time to establish and render functional new authorities, because an ordinance can be operable for a maximum of seven and a half months without obtaining parliamentary approval. Going the ordinance route would not benefit the freshly included impairments, but would create an enforcement vacuum even for the disabilities already included in the 1995 act. Enacting the disabilities bill through the ordinance route would usher confusion and chaos, and could cause all disabilities to lose legislative protection.

With the bill referred to the House committee, the newly included disabilities are at a special disadvantage. Since 1999, when a committee set up to suggest amendments to the 1995 act highlighted the need for inclusion, the battle has been on to recognise excluded impairments. The disabilities included in the 1995 act await the passage of the new law while continuing to obtain the benefits and entitlements provided earlier. But the disabilities not so included get nothing.

It is important that all disabilities are similarly positioned so that they can work on the passage of a robust CRPD-consonant legislation. This is a situation of inequity which needs to be remedied. Since the two Houses are not in session and the enactment of the new law will necessarily take some time, the government should use its power under Article 123 to amend the 1995 act to include the new impairments that would have obtained inclusion if the new bill were passed. At the same time, the inadequacies of the new bill should be rectified by the House committee. By adopting this policy of activism and restraint, the government could do right by all sections of the disability community.

The writer is professor and head, Centre for Disability Studies, NALSAR, Hyderabad.


Thursday, August 1, 2013

Inaccessibility keeps students away from Colleges in Coimbatore

Dear Colleagues,

This seems to be the condition in most Indian Institutions including the Delhi University wherein even the minimum seats reserved the students with disabilities go vacant each year. In Delhi Univeristy alone roughly close to 500 students take admissions against the 1500 reserved seats for the students with disabilities and even this number gets reduced due to drop outs who do not find accommodation or have problem of transportation. 

In the instant case in Coimbatore, it is not because the students with disabilities  are not interested in pursuing higher education that seats remain vacant, but because the institutions do not provide an environment conducive to them.

Even those who choose to pursue higher education are those with lesser percentage of disability.  Therefore, reservation of seats in higher education for the disabled is of no consequence if the physical infrastructure (of institutions/ hostels) & the transportation systems to reach institutions are not inclusive and barrier free!  Here is the news from The Hindu:

Lack of facilities keeps differently abled away from Coimbatore's educational institutions : Coimbatore

AMUTHA KANNAN

Focus on use of Information and Communication Technology (ICT), to ensure differently abled lead an inclusive life, has stolen the attention from the real difficulties they face from the physical barriers. This is significant from the representations they have time and again made demanding a barrier-free environment.

While, most differently abled have easy use of audio-visual aids, equipment, computers and softwares to assist them, what remains elusive is the physical access to various places by virtue of these not being disabled-friendly. This is in terms of absence of ramps, lifts to accommodate wheel chairs, modified washrooms, etc. This becomes critical when these places are schools / colleges / universities. 

This year, only a few higher education institutions have been able to admit students under the three per cent quota for the differently abled. Out of these, only a handful of colleges have admitted students in double digits. And, this is not because those with disability are not interested in pursuing higher, but because the institutions do not provide an environment conducive to them.

Even those who choose to pursue higher education are those with lesser percentage of disability.

Persons with disability of 70 per cent and above, and others who are confined to wheel chairs do not prefer to go to colleges because the infrastructure is not suited to their condition.

Though there is an Act – The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – to ensure equal opportunities, higher education still remains a distant dream.

The University Grants Commission (UGC) has schemes to provide grants for creating facilities in colleges that are 2 (f) and 12 (B) approved, and universities, but since the institutions do not take interest in applying for these, the schemes go unused.

But the recent State Government Order Ms. No. 21 (Tamil Nadu Urban Local Bodies Rules 2013 of February 1, 2013), the implementation of which comes with a time frame of 180 days, has brought some hope. The G.O. calls for making public and multi-storeyed buildings disabled-friendly in six months.

R. Rajendran, Principal of PSG College of Arts and Science, says, “The college has used the grant from UGC under the XI Fiver Year Plan, along with its own funds, to make existing buildings disabled friendly. Work is going on in phases to put up ramps, modify washrooms, etc. Some washrooms are already in use.”

More than 90 differently abled applied here for UG admission and the college admitted nearly 40 students based on eligibility and three per cent quota.

Visually challenged, and those who are hearing and speech impaired prefer to go to institutions that are exclusive for persons like them. However, there are only special schools and not colleges to accommodate them.

Nevertheless, Nithya Ramachandran, Deputy Joint Director, Sankara College of Arts and Science, says the college admits those with hearing and speech impairment.

“Special infrastructure, aids and faculty have been arranged to cater to these students. It requires special effort to provide them with an atmosphere that is conducive to study,” she says.

On colleges constructing infrastructure suited to the differently-abled, Ms. Ramachandran says that self-financing colleges do not get any provision from any source for taking up such activities.

Though the UGC provides grants, these are restricted only to colleges that have been approved under Sections 2 (f) and 12 (B) and not those recognised under Section 2 (l), which are not declared fit to receive central assistance.