Can bad law be good: Faizan Mustafa

Can bad law be good?

17 Feb 2014

The vision is to have a society where all categories  of  disabled  persons  are valued and respected as equal citizens and partners in the development and progress of  society and they are no longer looked upon either as burdens or  liabilities  or  targets  for  pity  and charity

FAIZAN  MUSTAFA

Why is NALSAR University of Law, the country’s best law school, opposing the Disability Bill introduced a few days back in the Rajya Sabha?  Can the latest amendments rectify the defects in the Bill? What can be done to help  persons with disability at this stage?  These are some of the questions which call for objective and critical analysis.

The 2006 United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)  makes the progressive and bold assertion that the disabled have the right to recognition as persons. They have full legal capacity on an equal basis with fellow human beings. Thus the Convention makes a fundamental shift from the  “incompetence model” of the disability law to the “universal capacity model”. The Convention challenges the irrational connection between impairment and incompetence.

The UNCRPD also guaranteed the right of participation and effective consultation to persons with disabilities. The Government of India implemented this obligation in letter and spirit when it launched the most extensive pre-legislative process, by first establishing a government-civil society committee to prepare a working draft with inputs from all relevant stakeholders, translating the draft into 14 languages and obtaining public opinion on it by travelling across the country.  This widely consulted Rights of Persons with Disabilities Bill was submitted to the Ministry of Social Justice and Empowerment, Government of India, in June 2011. The ministry worked on this draft and came out with its version in 2012. Both the 2011 and 2012 Bills were placed on the ministry’s official website. In the face of this elaborate process of consultation, when cabinet approval was obtained on the current Bill in December 2013, it was presumed that the cabinet had approved the same drafts on which civil society and persons with disability were consulted. This belief was belied. The Rights of Persons with Disabilities Bill 2014 has little or no relationship with the Bill of 2011. People and institutions like NALSAR, which had been closely involved with the 2011 consultative process, feel betrayed  and hugely disappointed. A  government, which had started the legal reform process by creating due space for the right to participation of persons with disabilities, just lost its way.

The outrage of the leakage was soon substituted by the pragmatism of  experienced realities. A number of disability rights groups tried to retrieve the situation by stringing together a group of amendments which they contended would salvage the Bill and enable the enactment of a long delayed legislation. Since the amendments were circulated to members of Parliament on 8 February 2014, it is important to consider whether the inadequacies found in the 2014 Bill are fully addressed by the proposed amendments. A large number of persons with disabilities are unable to obtain their just due not so much because of their impairments but because of the prejudicial attitudes of people. It is these prejudicial attitudes which form barriers to their participation. Disability is social not physical. The medical model is an outdated concept. It is for this reason that raising of awareness was included as one of the critical obligations of state parties in the UNCRPD.  To arouse awareness,  the Bill of 2014 needed to unequivocally state that no person with disability shall be discriminated against on the basis of disability. The Bill does not, unlike the UNCRPD, spell out what constitutes such  a discrimination and furthermore, allows the discrimination of persons with disabilities if required for a legitimate purpose, provided that proportionate means are employed. Thus a piece of legislation, intended to afford protection against discrimination, itself permits discrimination and this permission has not been withdrawn or amended by the amendment.

In the manner of discrimination, the Bill allows the deprivation of liberty of persons with disabilities provided  there are additional reasons for doing so. What is prohibited is discrimination “only on the ground of disability.” A person with disability, who is a vagrant or destitute or considered to be dangerous, could be deprived of liberty because the requirement of equality operates only if liberty is deprived on the basis of disability. The multiplicity of standards again come to the fore when the Bill allows abortions on women with severe disability… without their consent. The wide scope of the power can be seen from the fact that the Bill does not define a woman with severe disability. This is in spite of the Supreme Court’s  decision on accepting the right of a mentally challenged woman to sustain  her pregnancy. While the apex court had acknowledged the importance of exercise of choice by the persons with disabilities in matters concerning their life, the Bill proposes to turn the clock back.

The Bill makes the inviolable and non-derogable rights, such as liberty and equality, negotiable; at another remove,  it fails to adopt principles which are required to obtain the full inclusion of all persons with disabilities. The Bill makes the matter of lifting the legal disqualifications which subsist in existing laws against persons with intellectual, psycho-social and development disabilities a matter of enforcement by the appropriate government. If the government fulfils its enforcement duties then persons with disabilities can enjoy the legal capacity on an equal basis with others. If it fails, then persons with disabilities can continue to be denied the right to enter into contracts, manage  their own properties, marry according to their choice or the right to sue a negligent service provider.

These negotiable formulations are all the more problematic in the light of the fact that the enforcement authorities established by the Bill have been primarily accorded mere “persuasive powers.” The rights guaranteed under the Bill are formulated in disputable terms. Courts are generally inaccessible to persons with disabilities and the authorities who are closer to them can provide little relief in most situations. If the commonly used aphorism in relation to rights is employed in this situation, then it can be said there are no rights as there are no remedies.  Such inadequacies of form and substance, which are only illustrative in nature, led NALSAR University of Law, to disassociate itself from the 2014 Bill. However, when the university examined the case of those who were supporting the Bill, we realised that the collapse of the Bill would hit those with disabilities that are not included in the 1995 Act.    Such persons can obtain the benefit of disability certificate, or pension, or travel concessions only if they are considered persons with disabilities. Since the 2014 Bill included them, they were willing to ignore  the glaring inadequacies of the Bill, consoling themselves with the thought that there is no such thing as “perfect law”.

A realistic acknowledgement of legal imperfection is acceptable; however, to accept a bad law considering it to be good, if not perfect, is undesirable. The new Bill will apply to all  forms of disabilities ~  “old and new”. The  “new disabilities”, so-called, in order to obtain inclusion are inadvertently submitting to a discriminatory regime. The only way out is to include by legislative amendment or promulgation of Ordinance all the disabilities which were going to be included in the 2014 Bill and extend to them all the benefits which are presently extended to disabilities included in the 1995 Act. Such an amendment would create a level playing field between all disabilities and enable all groups to uncompromisingly demand their just due.

We want to have a society which is truly inclusive and egalitarian, where every individual including persons with disabilities have equal opportunities. The vision is to have a society where all categories of disabled persons are valued and respected as equal citizens and partners in the development and progress of  society and they are no longer looked upon either as burdens or liabilities or targets for pity and charity.

The writer is Vice-Chancellor of the NALSAR University of Law, Hyderabad

Source: The Statesman

A hurried disabilities bill will serve no purpose

A hurried disabilities Bill will serve no purpose : Amita Dhanda

TNN | Feb 18, 2014, 01.40 AM IST

The Rights of Persons with Disabilities Bill was introduced in the Rajya Sabha to universal criticism and till now, 16 amendments have been circulated to members of the upper House in an effort to save the Bill. The objective of the legislation was stated as "a Bill to give effect to the United Nations Convention on the Rights of Persons with Disabilities" (UN CRPD). Hence it must be in consonance with the requirements of the Convention to fulfill its primary purpose. The CRPD mandates an absolute prohibition on discrimination on grounds of disability, but this Bill permits discrimination provided it is to achieve any legitimate aim, in clear violation of the CRPD!

The CRPD prohibits deprivation of liberty on grounds of disability. The Bill cleverly inserts one word to change the guarantee altogether: it says that no person shall be deprived of his or her personal liberty only on grounds of disability. This formulation was rejected while drafting the CRPD since it permits the deprivation of liberty when a person with disability is destitute or considered to be 'dangerous'. For thousands, the addition of 'only' could mean being forced to live in institutions for the rest of their lives.

The other core CRPD principle that remains to be examined is the right to exercise legal capacity on an equal basis with others in all aspects of life. Presently scores of laws disqualify persons with disabilities from marrying, inheriting, voting, etc. The CRPD seeks to offset disqualifications imposed upon people with intellectual, psychosocial and developmental disabilities by recognising their right to live their lives according to their will and preference.

However, the 2014 Bill did not even mention the right to legal capacity. In the amendment, legal capacity has been recognised as an obligation of the government, not a right of persons with disabilities. If the government fails to ensure legal capacity, then the person with disabilities can do nothing but bemoan the poor implementation of Indian laws. Consequently, entitlement of reservations in jobs becomes meaningless for persons with disabilities. If it were possible to make things worse, section 110 of the legislation states categorically that the Bill will not override any existing laws, which means all discriminatory laws will continue to be valid!

However, despite the many flaws in the Bill, people with the newly-included disabilities are pressing for its enactment because these disabilities have been waiting for inclusion in the Act since 1999 and feel they cannot wait any more. This grievance is undeniably genuine. The correct way to address this concern would be to amend the Act of 1995, whether by Act or ordinance to include the long-excluded disabilities.

Let us not hurriedly enact a retrograde legislation for all disabilities, which would be impossible to amend for the next 25 years. In order to correct the injustice of exclusion, let us not create an equality of oppression.

(The author is professor and head, Centre for Disability Studies, Hyderabad)

Times of India

Concerns arising out of Rail Budget 2013 for Persons with Disabilities

Dear Colleagues,

Recent railway budget speech of the railway minister announced the following for the benefit of persons with disabilities:

"India is a signatory to the UN Convention on the rights of the disabled. We are conscious of our responsibility under the Millennium Development Goals (MDGs). To facilitate the boarding of trains and exit from the stations for the differently-abled and the elderly, the steps proposed include provision of 179 escalators and 400 lifts at A-1 and other major stations, affixing Braille stickers indicating the layout of coaches including toilets, provision of wheel chairs and battery operated vehicles at more stations and making coaches wheel-chair friendly.

In order to provide an employment avenue to the disabled people, I propose to reserve a specified number of JTBS for them, keeping in view the fact that the PCOs at stations have become largely redundant after the mobile revolution in India".

Concerted efforts to fill up approximately 1.52 lakh vacancies this year. It is a measure of popularity of railways as an employer that a staggering 2.2 crore applications were received. For the first time, Railway recruitment examinations were held at more than 60 cities across the country. In the process, a backlog of about 47,000 vacancies earmarked for weaker sections and physically challenged is likely to get cleared".

PIB has published the budget highlights that are available in PDF at link: Rail Budget 2013 highlights.

Critical Review of Rail Budget 2013

Here is a the para - wise critical review of the rail budget 2013 from the perspective of the disability sector and the mandate of UNCRPD and the spirit of Disability Act::

(a)       Passenger Amenities:  The paragraph does not mention the amenities will be made inclusive and follow universal design standards to be accessible and friendly to everyone irrespective of abilities. Persons with reduced mobility have been facing infrastructural barriers in the community for a long time. The railways must declare and budget for making its rolling stock as well as platforms and services accessible and barrier free based on universal design. Currently the effort is just to make a small exclusive section accessible which actually excludes people from the mainstream and renders them vulnerable.  While A-1 and major stations have been proposed to be made accessible by lifts and escalators, we strongly suggest you to include sustainable non-dynamic features like ramped access to foot-over bridges at all the Railways stations to provide connectivity to all the platforms (as provided on Agra Railway Station and few others). This makes it easier for passengers with heavy luggage, those travelling with elderly members and children and for women.   Similarly, the concern of platform to train compartment transfer is still unaddressed. Even the so called disabled friendly coach has four steps to access it hence it remains inaccessible to disabled people. It is pertinent to mention here that the philosophy of Universal Design has been specially included in the UN Convention on the Rights of Persons with Disabilities (UNCRPD) that you have so kindly referred to in the Budget speech.

(b)      IT enabled services: The paragraph is silent on the web accessibility standards requirement, online booking allowing booking concessional tickets by passengers with disabilities and other listed services inclusive. This is despite the fact the UNCRPD specifically refers to making all the Web services accessible and Govt of India has already mandated WCAG 2.0 level for websites. The online system continues to ignore passengers with disabilities.  (UNCRPD Article 9 : Accessibility)

(c)       Ticket Reservation: The paragraph doesn’t mention about accessible e-ticketing facility even while talking about the enhancing the speed and capacity of the system. Declaring and clarifying the same would be in line with the mandate of the UNCRPD that India stands committed to. (UNCRPD Article 9 : Accessibility)

(d)      Catering:  The toll free number for complaint doesn’t address the needs of persons with hearing impairment/ Deaf passengers who primarily depend on the text SMS for filing any complaint. It is requested to consider SMS based complaints also to make it inclusive to deaf passengers. (UNCRPD Article 9 : Accessibility)

(e)       Rail Tourism: This section doesn’t mention about accessibility while the designing the executive lounge at Delhi. Similarly regarding the trains, it says "The train will be made attractive and affordable through concessional fares", without any mention of their being accessible based on universal design so that everyone irrespective of disabilities can enjoy the use the lounge and train services. It would be pertinent to mention that accessibility will promote rail tourism also among a large number of international travelers with disabilities, elderly travelers and their families who have been, so far getting discouraged due to lack of accessible tourism options in the Country. (UNCRPD Article 9 : Accessibility & Article 30 - Participation in cultural life, recreation, leisure and sport)

(f)       Staff: Our experience indicates that the amenities such as quarters and hostels etc continue to be designed without keeping the needs of the diversity of employees. Railway being the largest public sector employer, it would be in the fitness of things that staff amenities such as the quarters and hostel are made barrier free based on universal design and that the ministry makes a special mention about it in its formal communications. (UNCRPD Article 9 : Accessibility)

(g)      Skill Development:  This section must include marginalized groups and persons with disabilities to bring them to the mainstream so as to realize the mandate of the UNCRPD. (UNCRPD Article 24 Education & Article 27 Work & Employment)

(h)      Rail Heritage: The plan to revamp the museum for the benefit of children is a welcome step. Currently, there are lots of accessibility issues from the perspectives of children with visual, mental and physical disabilities and it should be confirmed that the whole revamp would be done in consultation with the involvement of stakeholders so that the museum is based on best international standards and inclusive to every child irrespective of his abilities. (UNCRPD Article 9 Accessibility & Article 30 - Participation in cultural life, recreation, leisure and sport)

You may get afflicted by disability if you take bribes- say DDA's posters

Dear Colleagues,

Disability is a result of your past mistakes or karmas and can afflict you if you engage in corruption or bribery - says the Delhi Development Authority through brightly colured posters that are seen in DDA buildings to discourage people from taking bribes.

The posters say that wealth amassed by taking bribes is spent on diseases. To put the point across, the posters show pictures of people afflicted with leprosy, skin diseases and deformities. I am surprised by the ignorance of DDA about UNCRPD and that they still continue to reinforce the stereotypes about disability. This also shows in what light they view persons with disabilities which is bound to reflect on their actions in dealing with persons with disabilities as employees, stakeholders, consumers etc.

Here is some news coverage from Hindustan Times on such move:

DDA posters offend disability rights activists

The Delhi Development Authority (DDA), while celebrating its annual vigilance week recently, planned to do something different and put up several colourful posters across its offices in the Capital. Made to create awareness, the posters have instead ended up offending many. The brightly  coloured posters with some shocking visuals, which dot every corner of the DDA’s several offices, say that wealth amassed by taking bribes is spent on diseases. To put the point across, the posters show pictures of people afflicted with leprosy, skin diseases and deformities.

Though the idea behind the posters was to create awareness, the visuals have not gone down well with many DDA employees.

“The posters are highly objectionable as these are discriminatory and portray people with disabilities in a bad light. There are many of our colleagues who are visually or physically disabled and they are hurt by this gesture of our vigilance department, which has prepared the posters,” said Sukhbir Sharma, president, joint action committee, DDA trade unions and engineers, which is an umbrella body of all employees’ unions of the DDA.

The committee has written to the Delhi lieutenant governor Tejendra Khanna, who is also the DDA chairman, to order the immediate removal of the posters.

“To create awareness about corruption, the posters could have just given numbers of nodal officers to be contacted if asked for a bribe,” he said. “The DDA has been trying to bring people with disabilities into the mainstream, but on the other hand it is discriminating against them in such way.”

“People putting up such posters need to be sensitised first before those taking bribes. It is highly discriminatory and spread such wrong notions about people with disabilities,” said Anjalee Agarwal, director, Samarthyam.

“Such posters reinforce the stereotype that disability is a result of your past mistakes or karma. We condemn any such move and the posters should be removed immediately,” said disability rights activist Javed Abidi. “By trying to remove one evil, the DDA is promoting another,” he said.

Abidi said that such an insensitive act by the DDA washes away the fight against such strongly ingrained stereotypes. Senior DDA officials couldn’t be contacted for comments despite repeated attempts.

Source: Hindustan Times

A critique of the Draft Rights of Persons with Disabilities Bill 2012

Dear Colleagues,

The recent draft put up by the Ministry of Social Justice & Empowerment, Government of India on its website seeking comments from the states appears to be old wine bottled in a new case with a new name. To me, it is more philosophical and less implementable in the courts of law since it doesn’t give a time frame to many of the provisions. It even takes away many of the positive provisions of the existing statute, Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation Act 1995 (hereafter referred to as existing Act).

We need to understand that the whole process of ministerial consultations on amendment to the PWD Act 1995 was over when the UNCRPD came into force in 2007, and the whole process got stalled since the disability sector wanted more time to understand the UNCRPD and then suggest changes in the law.

The UNCRPD introduces a paradigm shift in the discourse relating to persons with disabilities which is based on three pillars – the presumption of legal capacity, equality, and dignity for persons with disabilities.

We as lawyers have tried and tested the existing Act in the court of law and have found it extremely helpful in restoring some of the rights of the disabled. We also found many gaps and brought them to the fore during consultations and at various other forums.

The draft RPDB 2012 is significant for having come post-CRPD and post-consultations with the stakeholders; it must, therefore, pass the test of the simple questions below:

Does the new draft fill up the gaps found in the existing Act and match the aspirations of the stakeholders?

Does the new Bill, in the light of UNCRPD, recognize that the persons with disabilities are an integral part of human diversity, who enrich it with their vision, experience and creativity and therefore, does it ensure participation of persons with disabilities in society on an equal basis with others?

My observations are:

(a) The existing Act looks at the disabled people as a special vulnerable group for which special protective measures are required, whereas the new draft advocates all human rights to persons with disabilities so that they can live in community on an equal basis with non-disabled members of community which is a welcome move.

(b) Words like “within the economic capacity & development” have been removed which previously allowed the state to be selective.

(c) Sections of persons who got left out, such as people cured of leprosy, persons with mental Illness, intellectual disablement, multiple disabilities, muscular dystrophy, etc. who always got left out have been included in the definitions and in the entitlements of reservation in jobs which is a positive step.

(d) However, it is unreasonable to add persons with autism and intellectual disabilities with persons with mental Illness in one common category, since mental illness (recovered) is a distinct disability from the other two. The act is silent on how it would compensate those who have lived with mental illness for a considerable period. There is a long way ahead since the process of identification of jobs will only happen once the draft takes the shape of a law.

(e) The draft also talks about equal opportunity polices to be adopted by every establishment, however in the age of information technology it would be advisable to also mandatorily have these documents available on the specific website of the establishment; and to have a website must be made mandatory.

(f) It has many positive provisions such as definitions of barrier, widened interpretation of the term ‘establishment’ to include even societies and trusts in its fold; prohibited grounds; public buildings, universal design and discrimination on the basis of disability – all of which were earlier subject to interpretation of courts and authorities.

(g) Guiding principles are the hallmark of the new draft which can come to the rescue of courts, policy makers and implementing authorities in case of doubt.

(h) Legal capacity and equal recognition before the law, introduction of limited guardianship, reproductive rights, access to justice, education, work & employment, creation of grievance redressal mechanisms in establishments, health and insurance, leisure & sporting activities, provisions for high support are welcome provisions.

(i) The duties of the state on accessibility, mobility, ICT, service animals, HRD, certification of disability and registration of institutions have been succinctly included.

(j) Review & revision in identification of posts: Similarly, Section 38 of the draft talks about identification of posts and to review and revise the list of identified posts taking into consideration developments in technology. However, it doesn't include a condition that specifically makes it possible for the review process to only add further posts and not reduce the posts already identified.

(k) Insurance: Insurance has been an area where the actuaries rule. All their books and views seem to underwrite the life of persons with disabilities as highly risky, vulnerable to accidents and death, though there has never been an empirical study to suggest this thought or belief. The draft talks of comprehensive insurance benefits for the disabled, but it is feared that they may be exposed to higher premiums with less maturity benefits. Actuaries have also traditionally completely denied insurance covers to those with neurological disabilities and underwritten the lives of disabled discriminating even on the basis of whether the disability was from birth or acquired after birth! We had a long battle in the Delhi high court after which the court allowed equal insurance at no extra premium for the PLI [postal life insurance policies run by the Department of Posts]. We hope this discrimination stops with the new provisions of the draft.

(l) Reservation in jobs for persons with disabilities: Prior to the existing Act, almost from 1985, the reservations in jobs – both in recruitment as well as in promotion were allowed to Group C & D. After the existing Act, it stood extended to Group A & B as well, in light of Department of Personnel & Training’s (DoPT) memorandums dated 04 July ’97 & 16 Jan ’98. However, over the years, the government took a stand that it was only meant to clarify for Group C&D and not for Group A & B and put this exclusion in black and white vide a consolidating  DoPT’s memo dated 29 Dec 2005, completely going against the mandate of the existing Act. The matter is sub-judice, and it challenges this interpretation of the government.

(m) Reservation in promotion: After the Sixth Pay Commission the Group D posts have been dissolved and Group C are being merged with Group B. In such scenario, the restrictive provision that reservation is only allowed from Group D to C has actually become redundant to persons with disability unless it is extended to all the groups i.e. A & B too.

(n) The current draft thus is a huge disappointment on this front. By making changes in the language it has taken away what was available to the stakeholders in the existing Act. It says “every appropriate government shall reserve, in every establishment under them, not less than 5% of the vacancies meant to be filled by direct recruitment”. Whereas the existing Act says “Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from….”

(o) All forms of appointments should be included in the purview of reservation viz. direct and indirect appointments, promotion, vacancies filled by deputation, contractual appointments etc.

(p) Similarly the reservation in all categories i.e. A, B, C & D has not been based on total existing cadre strength and merely on the number of vacancies being filled at a particular point of time. This is very restrictive and they may not bring forth proper representation of PWDs in the government services in next several decades.

(q) The vacancies continue to lapse in favor of non-disabled in the new draft also. This has to be stopped completely. We have seen in our practice that often posts are kept vacant in the garb of not finding a suitable candidate. The employer seems to have no responsibility to fill up the post and no duty is cast on him to fill up the post in the draft. The employer’s role to fill up the post must be widened by arranging Pre-recruitment training/coaching in all forms of employment and then fill up the posts positively.

(r) The draft seems to pardon the defaulting establishments from the purview of the existing Act by not addressing the issue of backlog vacancies. Filling the backlog vacancies in a given time frame for the period effective from year 1996 for the three disabilities, and for five disabilities from the day of promulgation of the new draft should be specified to form part of draft. [The three categories mentioned in the existing Act are blindness and low vision; hearing impairment; loco motor disability and cerebral palsy. The new Draft Bill proposes, in addition, the categories of autism, intellectual disability and mental illness; and multiple disabilities including deaf-blindness]

(s) There is no time-frame in the affirmative clauses in the draft. We have seen with our experience that to get a scheme under a section of the existing Act, we had to seek intervention of the court and then only several schemes were notified. Scheme for education in Section 30 is just one example. And we continue to see that despite the Census 2010-11 completed a long time ago, the data related to disability has not yet been released. The draft retains the Special employment exchanges which have been so far dysfunctional. These are simply a drain on the disability budget. It would be advisable to have these included in the general employment exchanges with special facility for the persons with disabilities in areas near their residences. Often special employment exchanges are just one or two in the entire state which put undue burden on the persons with disability to travel far distances to just get registered.

If the draft addresses the above concerns, it can, in my view reflect the aspiration of several disabled people. Otherwise, this would be termed as same old wine in a new bottle and with a new label!

The above critique has also been carried by Retina India Newsletter 

WCAG 2.0 is now ISO/IEC 40500:2012 International Standard

Dear Colleagues,

A welcome news for all of us. The World Wide Web Consortium (W3C) and the Joint Technical Committee JTC 1, Information Technology of the International Organization for Standardization (ISO) and the International Electro-technical Commission (IEC), announced approval of the Web Content Accessibility Guidelines (WCAG) 2.0 as an ISO/IEC International Standard (ISO/IEC 40500:2012).

“This important accessibility standard, which is already widely deployed internationally, can now benefit from additional formal recognition from ISO/IEC national bodies,” noted Jeff Jaffe, W3C CEO. “Such recognition is expected to increase internationally harmonized uptake of WCAG 2.0 by governments, business, and the broader Web community.”

“ISO/IEC JTC 1 is very pleased to bring on board this most important of W3C accessibility standards, given the increased interest in accessibility among JTC 1 National Bodies in recent years,” said Karen Higginbottom, Chair of ISO/IEC JTC 1. “We also expect that ISO/IEC recognition will encourage greater convergence around WCAG 2.0, further driving development of supporting tools and software.”

International Harmonization of Accessibility standards benefits all

WCAG 2.0 has been adopted or referenced by many governments and organizations. Following the passage of the United Nations Convention on Rights of Persons with Disabilities, an increasing number of countries have been seeking solutions to address their treaty commitments for information technology accessibility for people with disabilities.

“The ISO/IEC imprimatur increases the avenues for adoption of W3C technology and guidelines,” noted Judy Brewer, Director of the Web Accessibility Initiative at W3C. “In some countries, policies require that nationally adopted technical standards must be ISO/IEC. Formal approval by JTC 1 of WCAG 2.0 will increase deployment, reduce fragmentation, and provide all users with greater interoperability on the web.”

WCAG 2.0 was first submitted to the ISO/IEC JTC 1 process for Publicly Available Specifications (PAS) in October 2011. W3C has been an approved JTC 1 PAS Submitter since November 2010, and is one of nine organizations that are currently approved. To learn more about W3C and the ISO/IEC JTC1 PAS Submission process, see the W3C PAS FAQ and the JTC 1 website.

WCAG 2.0 is a stable standard with extensive supporting resources

As an ISO/IEC JTC 1 Standard, WCAG 2.0 is now also available from ISO/IEC, while it remains a stable international W3C standard with extensive supporting resources. JTC 1 recognition neither changes nor supercedes the existing standard, which remains freely available from the W3C website along with multiple W3C authorized translations of WCAG 2.0.

W3C provides a number of supporting resources for managers, developers and policy-makers, in addition to the WCAG 2.0 standard, including WCAG 2.0 Overview,WCAG 2.0 at a Glance, How to Meet WCAG 2.0: A Customizable Quick Reference, Techniques for WCAG 2.0, and Understanding WCAG 2.0.

For more information, visit www.w3c.org

Media has a larger role in breaking disability stereotypes

Dear Colleagues,

Here is an article on a workshop conducted by DLU (North East), Shishu Saroti, Guwahati

 on the role of Media vis-a-vis the Disability Sector"  published in The Sentinel. Several such initiatives are needed for most sectors since it is the wrong portrayal of persons with disabilities that reinforces the  age old prejudices and biases. 

Not because it is done intentionally but there is lack of awareness among the masses, the society, the media, the judiciary, the government babus, the medical and para-medical fraternity and above all the  family members of persons with disabilities and worst - persons with disabilities themselves!. Such eye-opening sessions are needed for every one and should be conducted more often in schools & colleges too!  

Media should help reduce prejudices against disabled persons

Media should adopt a rights-based approach rather than a charity approach while reporting about persons with disabilities. — Arman Ali

By our Staff Reporter

GUWAHATI, March 17: “People with disabilities are often perceived as different by normal people. They are also discriminated against. This is unfortunate and should not happen. Disabled people too have hopes and aspirations like normal people. They should not be made to feel as if they are different and should be given equal opportunity to move forward in life, like the rest,” said Shishu Sarothi executive director Arman Ali while addressing an orientation programme held in Guwahati today on the topic ‘Role of Media vis-a-vis the Disability Sector’. The programme was organized for mediapersons by the Disability Law Unit- Northeast, Shishu Sarothi.

Ali further said, “The families of disabled persons should accept them with their weaknesses and strengths. A proper environment should be created at home so that they can feel encouraged to pursue their dreams.” He added, “Unfortunately, the government is also not doing enough for the disabled people. It should make provisions for such persons.”

He called upon the media to adopt a rights-based approach rather than a charity approach while reporting about persons with disabilities.

Speaking at the programme, senior journalist Prabal Das said, “In India, even though social and humanitarian issues get written about in newspapers and magazines, the disability issue has not been highlighted much. Media should portray disability in such a way so as to help increase awareness throughout society about the realities faced by disabled persons, reduce stereotypes, prejudices and harmful practices. Shishu Sarothi, which is building hope among the disabled people, should guide the media on how to portray the disability issue.”

Das lamented the fact that the Indian media usually highlights the disability issue during the Para Olympics.

Disability Law Unit-Northeast assistant project coordinator Amvalika Senapati said that as per the 2001 census, there were 5,30,300 disabled persons in Assam. As per the WHO report, 2011, there are 31,16,927 persons with disabilities in Assam.

She said, “Disability, whether mental or physical, does not disable a person. Discrimination, social stigma and poverty does. The media exerts a powerful influence on the way people with disabilities are perceived. It is important that persons with disabilities that they are portray realistically and that their disabilities are explained accurately.”

Examples of denial of right to education in respect of children with disability in the various districts of Assam, inaccessible public places and empathy of various authorities in implementing the laws and schemes in respect of persons with disabilities was highlighted by her. She highlighted how there were no provisions for disabled persons in railways stations and the ISBT.

During the programme, many points were highlighted. The media, it was said, should raise awareness about the challenges faced by persons with disabilities, bring discussion of disability into the public arena to challenge the idea of it as a taboo subject, promote policies, products and services that support full participation and development of disabled persons, avoid labels like ‘disability’ or ‘mental’ which have negative stereotypes or myths associated with them, allow persons with disabilities to speak for themselves, encourage and to expose common myths about disability.

Source: The Sentinel

A focal point in the PMO can facilitate early implementation of UNCRPD

Dear friends,

The demand and mandate for creating focal points for monitoring of implementation of Disabilities Act & UN Convention on the Rights of Persons with disabilities in India is growing bigger & louder. The activists are demanding two or more focal points within in the Government and outside the Government.

One such focal point can be a National Advisor to the Prime Minister within the PMO. Article 33 of UNCRPD mandates that the  States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention (read UN CRPD).

The UNCRPD also mandates that the Civil society, in particular persons with disabilities and their representative organizations, should be involved and should participate fully in the monitoring process.

The existing Central Coordination Committee (CCC) (proposed to be renamed as Central Advisory Committee in the amendments suggested by MSJ&E in the PWD Act 1995) should remain the second focal point to facilitate implementation of the convention and disablity related laws, rules and regulation in the country.  However, this body needs to be strengthened and made accountable to people. This would be possible by prominent involvement of civil society and persons with disability in general on such bodies.

The statement of former CJ of Delhi High Court is very relevant and echoes the sentiments of the disability sector. The disability sector has been a witness to myriad of problems of in-coordination among various ministries on the issues related to disabilities which has resulted in growing discomfort in the citizens with disability in India.

regards

SC Vashishth, Advocate

To read the news from source, click on the news title here: 'We need a national advisor to PM on disability'

In order to ensure the rights of people with disabilities, there is a need for a national advisor on the subject to the prime minister, former chief justice of the Delhi High Court Ajit Prakash Shah said Thursday.

'There is a need for a national advisor on disability to the prime minister, as it will help in bridging the gap between policies and ground realities,' Shah said at the inauguration of a two-day meet on the disability sector in the capital.

'This step will also help India fully implement the Convention on the Rights of Persons with Disability (CRPD) of which it is a signatory,' he added.

The CRPD requires its signatories to promote, protect, and ensure the full enjoyment of human rights by people with disabilities and ensure that they enjoy full equality under the law.

According to government estimates, there are approximately 20-30 million disabled people in India. However, NGOs estimate the numbers are around 60-70 million.

In contrast to the population, NGOs like the National Centre for Promotion of Employment for Disabled People (NCPEDP) say that only a handful of them are educated and employed.

We need indepent commissioners for Disability and a minimum wage social security

Dear Friends,

I second the demand of United Voices for Disability Equality in Odisha with little additions.

What we require is an Independent Commissioner for disabilities, with a rank equal to secretary & be preferably from the disability sector! Also the amount of social secruity has to match with minimum wages for skilled workers looking at cost of living index in each state. The charity doles of 500, 700, 1500 do not help the person with disability live an independent life. We need to say clearly "Please stop playing politics here, we are a potential vote bank of 10.21 lakh and if we include our families, friends and wellwishers, this number could be four fold and can be devastating for the prospects of any political party in the ensuing elections!

regards
Here is the news report on demands of "United Voices for Disability Equality"

Hike in aid for the disabled

BHUBANESWAR: The number of persons with disabilities is 12.21 lakh. But Orissa is yet to have a full-time and independent disability commissioner .

Differently-abled persons under the aegis of United Voices for Disability Equality (UVDE) today demanded filling up of the post before the ensuing Assembly session for immediate redressal of the problems of people with disabilities (PWDs) .

The office of the commissioner should be outside the State Secretariat building with barrier-free access, they demanded saying currently the PWDs are facing many problems even to reach the official concerned .

It would be better if the commissioner can be selected from among the differently-abled persons or parents of the disabled children so that the actual problems of the PWDs can be solved immediately, they said .

The forum, after a day-long deliberations today decided to give a memorandum to the Chief Minister, minister concerned, Opposition members and all MLAs tomorrow. “If the Government fails to make an announcement before the Assembly session then we would hold a protest before the Assembly,’’ they said .

The UVDE, consisting of 11 organisations from 21 districts, also decided that they would be forced to go for an agitational path further if the Government would not pay any heed to their genuine demands during the session, they said adding in 18 states across the country disability commissioners are working independently according to the PWD Act passed by Parliament in 1995 .

They told mediapersons that even when a disability commissioner incharge takes the burden here, he/she cannot function independently as he/ she also looks after the programmes of other departments .

Some UVDE members even said that though the ruling BJD manifesto had been mentioning about appointment of a disability commissioner for the last three elections, no initiative is taken yet .

“Not only this is a betrayal, but politically it means a lot to all our 10.21 lakh member community,’’ they said alleging that by not appointing a disability commissioner the Government is violating the human rights of the differently-abled people, which are guaranteed under the PWD Act .

Not only the appointment of the official, but Orissa is still providing a monetary benefit of Rs 200 a month to differently-abled persons as assistance and it is far less than in other states .

While Goa is giving Rs 1,500 and Delhi and Uttar Pradesh Rs 900, Maharashtra and Kerala are providing Rs 700 a month .

On the other hand, while Andhra Pradesh, Chhattisgarh and Uttarakhand are giving Rs 600, newly-formed Jharkhand gives double the amount of what Orissa provides, they said .

“With 2.78 per cent of the State population, we always deserve a better deal,’’ they pointed out and urged the Government to acknowledge their rights first which are ensured by the Constitution .

Deaths at Asha Kiran- isn't this a criminal negligence on part of State?

Dear Friends,

Please refer to my earlier post on the subject.

"Poor maintenance or lack of basic amenities could be contributing factors, however prima facie all the deaths seems to be natural" ! The statement doesn't inspire confidence.

It is evident that the deaths occurred due to lack of facilities which is equally criminal negligence of duty when compared to inflicting a fatal blow on some hapless person entirely in your custody with no chance to escape! Are you really serious about the human rights of those whom you put in institutions and forget?

Can the Government of Delhi own up the negligence on its part and fix the responsibilities of lapse and and provide for appropriate systems at the earliest?

The human rights record is so poor when it comes to disabled people here. And the Govt. is answerable to the nation and international community soon with the State Progress report on actions taken by Govt. in light of UN Convention on the Rights of Persons with Disabilites" falling due in May 2010.

DCPCR must act and ensure that those at fault are booked in terms of law and immediate preventive action are taken to restore dignity of life and basic services in the state run home by Delhi Govt.

Read from Source: Deaths in juvenile home natural: Delhi govt

Around 75 inmates died between 2004 and 2008 at the complex

Published on 01/14/2010 - 10:17:24 AM

New Delhi: The deaths of 12 inmates of a state-run juvenile home in one month were natural, the Delhi government said Wednesday in its reply to a National Human Rights Commission (NHRC) notice. According to investigating officials, poor maintenance or lack of basic amenities could be contributing factors.

According to investigating officials, poor maintenance or lack of basic amenities could be contributing factors.

The NHRC Tuesday issued a notice to Delhi Chief Secretary Rakesh Mehta asking for a detailed report into the cause of deaths of members of Asha Kiran Home and the state of affairs at the juvenile home, in north west Delhi's Rohini area.

"The Delhi government has filed a reply to NHRC. Of the 12 inmates who died, one was under 18 years. Prima facie the cause of death appears to be natural. However, based on that we won't close investigations. In previous reports, the home was found to lack basic requirement and had poor sanitation levels. We are going to see if the deaths had anything to do with that," a senior official of the Delhi Commission for Protection of Child Rights (DCPCR) told IANS.

The NHRC was acting on a complaint filed by human rights activist Prabir Kumar Das who alleged that 12 mentally challenged inmates of the home had died in one month.

Media reports suggested that three of the 12 had died within 24 hours due to lack of basic facilities such as warm clothes.

An earlier report by the child right's panel in June last year had found that although sanctioned for 250 inmates, the only state-run complex for mentally challenged people in the national capital houses 750 mentally retarded men, women and children.

The children were found to be suffering from tuberculosis, seizures and skin diseases. The home lacked hygiene and proper sanitary conditions. Around 75 inmates died between 2004 and 2008 at the complex.

In many of these cases, the cause of death was epileptic seizures, which the DCPCR probe committee said could be owing to neglect of medical authorities.

The detailed report from the chief secretary sought by NHRC is due within four weeks time.

Asha Kiran- a state run hope for disabled reports 12 deaths in December alone!

Dear Friends,

Nothing is well at Asha Kiran. With the capacity of 350, you stuff 730 inmates, isn't this a violation of basic human rights of those who can't take care of themselves due to their disabling conditions that they live with?

Also are we providing sufficient support to the numbers housed there with one carer looking after 40 persons? Is it humanely possible for one person to care 40 inmates with varying degree of disability and associated medical condition like epilepsy, tuberculosis- forget about fever, cold, smaller injuries! This is gross violation and you can't expect the carers to work at Rs 3934/- per month and look after 40 people every day.

Perhaps it is the fear of catching infections that even the doctors do not examine them closely and properly! This is just not acceptable. The facilities need to be created /provided strictly as per norms as it is the responsibility of the Govt. Each life is precious !

Hope each one you are perturbed at the conditions that prevail at Asha Kiran in Delhi and several other institutions across length and breadth of India in similar state which never make headlines! If we tolerate it as an accepted norm, perhaps we don't deserve to be called a socialist democratic republic!

Source: For inmates, few rays of hope at Asha Kiran; Express Newsline 11 January 2010

In December, 12 people died at this home for mentally retarded; few caregivers, little care, reveals report by Social Welfare Department

As the green ambulance rolls through the 7-ft gates of Asha Kiran complex, in Awantika, near Rohini, a middle-aged man looks out of the window, trying to capture one last glimpse of the outside world. Within seconds, the gates shut.

In December, 12 deaths were reported here — three of them within 24 hours.

The inquiry report by the Social Welfare Department (a copy of which is with Newsline) under which the centre works, concludes that death is not new for Asha Kiran.  Over the last four years, 128 inmates have died in the home. The complex, built for 350 people, now houses 730.

“The mentally retarded inmates suffer from multiple deficiencies as far as physical health is concerned. Because of this, particularly in respect of severely retarded inmates, life expectancy is relatively low,” reads the report filed by Director, Social Welfare, S A Awardi. According to the report, 60 per cent of inmates are in the “category of severely or profoundly mentally retarded persons.” Many inmates do not even survive a year. There is no segregation of people who have infectious diseases like tuberculosis.

The inmates are taken care of by ‘house aunties’. The staff reveals that each of them sometimes take care of over 40 people. They are paid Rs 3,934 per month for 8-hour daily job — which probably explains why a majority of the caregivers quit within days of joining.

“The inmates feed each other and give each other a bath,” said a sweeper working in the male ward. “There’s too much noise and it is not easy to work.”

The report states: “Many gave up their jobs after serving for a very short period. It is mentioned that providing every care like a mother to mentally retarded persons is really difficult.”

Constant medical care is available. But the staff say the doctors merely prescribe medicines without even closely examining the inmates.

Despite the fact that the walls of the complex are nearly 10-feet tall and the high gates are guarded 24-hours, the officials have even reported cases of children going missing. On December 24, the Social Welfare Department advertised in newspapers about two inmates. One of them, Raju, was 16 years old and 4.8 ft tall. He was admitted on 21 May and has been missing since 16 September. More bizarre was the case of the 7-year-old boy admitted in December 2006. The child was merely 3.6 ft tall.

December deaths

Dec 2: Krishna (16), living here since 2007. Post mortem report awaited

Dec 9: Anu (20), had been staying since 2006. Cause of death tuberculosis and epileptic fit

Dec 12: Ranveer Kumar (48), was admitted at Sanjay Gandhi Memorial Hospital, Mangolpuri, since 16 November following dehydration and swelling in legs

Dec 14: Manjeet (55) was admitted at the Sanjay Gandhi Hospital, suffered from swelling of body

Dec 15: Raj Kumar (42) admitted in Sanjay Gandhi Hospital since 12 December. Had swelling of body, difficulty in breathing

Dec 18: Seeta Gauri (19), living here since 1989. Cause of death cardio-pulmonary arrest

Dec 19: Sandeep, was under treatment since Nov 29 at Sanjay Gandhi Hospital, was referred to LNJP. Cause of death Meningoencephalitis with refractory shock

Dec 25: Soni, living here since in 2007, died due to seizure disorder

Dec 27: Meena Payal (38), living here since 1999, postmortem report awaited

Dec 29: Angoori (19), living here since August 200, was suffering from asthma and TB

Dec 29: Sangeeta (21), had been living here since 1996. Body discovered several hours after death, was a victim of bone tuberculosis

Dec 30: Deepti (12) had been here since March 2009, cause of death epilepsy