Inexperienced Bureaucrats as Disability Commissioners - is against the spirit of Disabilities Act

Dear colleagues,

Please refer to my earlier post "We need independent Commissioners for Disabilities....". This has been a long standing demand that the posts of State Commissioners for Persons with Disabilities should be filled by  persons with knowledge of disability rehabilitation and at least 10 years standing in the sector working on disability rights. However,  it is little sad to say that the Govt. of Delhi has, in order to accommodate a retired bureaucrat with absolutely no direct experience in disability rehabilitation, tweaked the rules just a month back and now the said person has been appointed rejecting over 11 eligible applicants for the post.

This is an uncalled for situation and these posts should not become accommodating posts for retired bureaucrats faithful to the Government. We need sensitive & experienced people to handle these posts. These amendments are against the very spirit of the Persons with Disabilities Act.

Here is the news coverage from The Hindu

Rules tweaked to hand-pick bureaucrat as Disabilities Commissioner?

Well-known names from disability sector rejected; criteria changed a month before appointment.

Just a month prior to the appointment of former Municipal Commissioner K. S. Mehra as Commissioner (Persons with Disabilities), the Delhi Government had amended the rules for appointing a bureaucrat to the post. While 12 applications were received, the panel headed by then State Chief Secretary had “unanimously recommended” the name of the lone bureaucrat on it.

The preference given to the bureaucrat has raised many eyebrows as among those who had applied for the post were well known names from the social and disability sector.

The “justification/reason” on the part of the Delhi Government was that “the post of Commissioner (Disabilities) is a quasi-judicial post. Mainly two jobs are done by the Commissioner – to hear grievances, which is a quasi-judicial work; and monitoring the work of the State Government, which is the statutory part. Both these jobs do not require high level specialised knowledge in disability”.

The details about the changes brought about to facilitate Mr. Mehra’s appointment have come through a Right to Information application filed by a non-government organisation, Pratidhi.

Raj Mangal Prasad of Pratidhi said: “While the RTI application was filed when the process of selection was on (and as we came to know that the exercise of amending rules to accommodate bureaucrats was on), the file was not shown till Mr. Mehra’s appointment was notified.”

It has been revealed that among the applicants to the post was a head in the Department of Psychology at a Rohtak college; a Joint Director (Technical) in the Department of Women and Child Development; an anganwadi worker, and audiologist and speech pathologist; a legal adviser, a senior registrar from a Mumbai university; a social worker, a counsellor cum special educator, a rehabilitation social worker and an associate professor of Delhi University.

In response to its query, the Delhi Government stated that the meeting of the Selection Committee for selection of Commissioner (Persons with Disabilities) was held under the chairmanship of the Delhi Chief Secretary on November 9, 2012.

As per the minutes of the meeting, the Selection Committee was appraised about eligibility of the candidates for selection to the post of Commissioner (Persons with Disabilities) based on the provision of Section 60 (1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act-1995 and Delhi Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules-2001 ready with the Amendment Rules-2011 and Amendment Rules-2012.

The Department of Social Welfare and Women and Child Development had invited applications for the post of Commissioner (Persons with Disabilities) in October 2012 and received 12 applications.

As per the minutes, “The Selection Committee scrutinised and considered the eligibility conditions required for the post, the qualification and experience of all applicants, and unanimously recommended the name” of retired Indian Administrative Service officer K. S. Mehra for the post.

Incidentally, it was less than a month before the appointment of Mr. Mehra that the rules were changed. On October 12, a notification was issued for the Department of Social Welfare in which the amendment of Rule 50 of the Act was made.

While earlier the rules were such that only those with experience in disability-related matters and social sector, or those who had worked in the field of empowerment of Persons with Disabilities could apply, the amendment made it easier for bureaucrats to get the job.

Following the amendment, as per Rule 62 it is only “essential” for the Commissioner to be “a graduate from a recognised university” and “desirable” for him or her to possess “a recognised masters degree in social work/sociology”.

As for the “experience”, the amended Rule also spelt out that the candidate to the post “should have at least 10 years of consolidated experience in one or more of some type of organisation at desired levels”.

Earlier, the rules were stringent. Rule 50 (B) demanded that the candidate for the post “should have special knowledge or practical experience in respect of matters related to rehabilitation of persons with disabilities”.

In fact in August 2011, former Commissioner (Disabilities) Pradeep Singh had written to the then Secretary (Social Welfare) Sanjiv Kumar stating that “the rules for appointment of Commissioner, as now framed, require 10 years of experience in disability related matters and/or social sector out of which at least 5 years of experience should be in the field of empowerment of Persons with Disabilities”.

Observing that “there may not even be a single officer currently serving in the Government of Delhi or Government of India with a minimum of five years experience in the field of empowerment of persons with disabilities”, Mr. Singh had pointed out that “thus the rules as now framed, would select only persons having worked/working in NGOs/disability organisations”.

Eligibility of disabled children for family pension after marriage - Eligibility for two family pensions

Dear Colleagues,

Government employees with disabled children were always a worried lot. The family pension could only be helpful to an unmarried son or an unmarried daughter or a widowed or divorced daughter. 

However, with the recent notification dated 16th January 2013 by the Department of Pension & Pensioner's Welfare, Govt. of India, has extended this without any such condition of marriage or re-marriage. The only condition is that he/she should not be gainfully employed or receiving other pensions.  Here is the content of the circular that may be handy to you.

To download the signed copy of the circular from the source i.e. Department of Personnel & Training website,  click here (PDF - 264 KB)

To download from Google Drive click here [pdf 264 kb]

regards,
Subhash Chandra Vashishth


No.1/33/2012-P&PW(E)

Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi

Dated: 16th January, 2013

Office Memorandum

Sub: (i) Eligibility of disabled children for family pension after marriage and

(ii) Eligibility for two family pensions clarification regarding.

The undersigned is directed to state that the Government has decided to allow continuance of family pension to mentally / physically disabled children who drew, are drawing or may draw family pension even after their marriage. Further, the Government has also decided to allow two family pensions where the pensioner drew, is drawing or may draw two pensions for military and / or civil employments.

2. In order to implement these decisions, Explanations 1 and 3 after sub-rule 6 of Rule 54 of the Central Civil Services (Pension) Rules, 1972 have been suitably amended and sub-rules 13-A and 13-B have been omitted. A copy of Gazette notification, G.S.R. No. 938 (E), dated 27th December, 2012, giving effect to these amendments is enclosed.

3. For the sake of clarity, the old and new explanations 1 and 3 are reproduced as under highlighting the changes made therein:

Old : EXPLANATION 1 - An unmarried son or an unmarried or widowed or divorced daughter shall become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.

EXPLANATION 3 - It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that (i) he or she has not started earning his or her livelihood and (ii) he or she has not yet married or remarried. A similar certificate shall be furnished by a childless widow after her re-marriage or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.

New : EXPLANATION 1 - An unmarried son or an unmarried or widowed or divorced daughter except a disabled son or daughter, shall become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.

EXPLANATION 3 - It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that (i) he or she has not started earning his or her livelihood and (ii) he or she has not yet married or remarried. A similar certificate shall he furnished by a childless widow after her re-marriage or b the disabled son or daughter or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.

4. Sub rule 13-A regulates the grant of family pension to a military pensioner after his re-employment in a civil service or a civil post. Grant of two family pensions had been prohibited under this sub rule. Similarly, sub rule 13-B prohibits grant of two family pensions to a person who is already in receipt of Family Pension or is eligible there for under any other rules of the Central Government or a State Government and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government. The sub-rules 13-A and 13-B have since been omitted vide the above mentioned Gazette notification.

5. It is clarified that financial benefits in past cases will accrue with effect from 24th September, 2012.

6. As regards pensioners/family pensioners belonging to the Indian Audit and Accounts Departments, these Orders issue after consultation with the Comptroller and Auditor General of India.

sd/-
(Sujasha Choudhury)
Deputy Secretary to the Govt. of India

Indian Air Force becomes the first Force in India to retain a para plegic combatant soldier

Dear Colleagues,

Please refer to my earlier posts titled Defence Ministry extends some disability benefits under Section 47 PWD Act.

In first incidence of its kind and thanks to Air Chief Marshal NAK Browne's insistence, the Defence Ministry  agreed to grant a commission to a cadet who became paraplegic after his trainer aircraft crashed. The cadet form Manipur has been on wheelchair for nearly 16 months.

I welcome this move from the Indian Air Force who have come forward to implement in true sense the Disabilities Act 1995 and the UN Convention on the Rights of Persons with Disabilities by respecting the inherent dignity of a person with disability and granting him the employment benefits.  We have seen in the past several cases where the promising combatant members were medically boarded out leaving them in lurch for entire life.

This I am sure will send very positive message down the ranks that they can be rest assured that the force stands behind them when they are taking risks on duty!

Sensitization is so important

Another significant point to be noted in this case is the "sensitization of the Air Chief Marshal" that came about by the Air Chief's interaction and working with Wing Commander Limaye who too had become a paraplegic after a fighter aircraft accident and the Air Chief has served in the same unit where Limaye worked. Such is the strength of the sensitization and awareness raising. This further proves how important is the Article 8 of UN Convention on the rights of persons with Disabilities and more opportunities to provide inclusive set ups where the non-disabled and disabled  interact and work together.  

Here is the news report from Telegraph India

Air force first for stricken Hero - Remorseful Defence ministry to grant never-before commission to topper cadet caught in trainer aircraft crash

New Delhi, Dec. 22: A remorseful defence ministry today bowed to pressure from the air force and accepted Air Chief Marshal N.A.K Browne’s plea to grant a commission to a cadet who became paraplegic after his trainer aircraft crashed.“I owed it to him,” Browne told The Telegraph about 23-year-old Rajkumar Herojit Singh, a youth from Manipur who was a topper at the Air Force Academy and was training to fly fighter aircraft. The Indian Air Force has never granted commission to a physically disabled cadet in the past. The exception goes to show how desperate it has been to send out the message to its men that the top brass cares for them despite a shortage of quality equipment. The air chief also said a defence public sector’s delivery schedules had proved “too costly” for the force and “the time for experimentation is over”.

When this newspaper telephoned Herojit this afternoon, he was preparing to go to a special swimming pool near the Military Hospital in Kirkee. He said he was much better now and that Browne had called him to convey the decision.

Although bound to a wheelchair for nearly 16 months, Herojit said he started exercises and physiotherapy at 8am every morning for five hours. After a two-hour rest, he goes swimming — Browne termed Herojit “an excellent swimmer” — and then works on his laptop.

“I am even able to stand up and walk a little now with the help of equipment and I play table tennis from my wheelchair every day,” Herojit said.

The youngest of five siblings, he will begin training for ground duties (accounts branch) on January 9. He is likely to be commissioned by June.

Browne said he was moved by Herojit’s determination when he went with the unprecedented request to the defence minister. “When I met Herojit (after his crash) I told him that this is uncharted territory (requesting for commission to a physically disabled cadet) but I will do what I can. But he was enthusiastic and convinced me that he wanted to continue in the air force,” said Browne.

Herojit had completed nearly 80 per cent of his basic training. He was adjudged “the most accomplished flight cadet” of his course before he ejected from his HAL-produced Kiran trainer aircraft, which caught fire in mid-flight on August 28, 2011.

The chords of Herojit’s parachute got caught in power transmission lines from which he dangled for a few seconds before plummeting to the ground. The fall damaged his spine and rendered him paralysed waist downwards.

On November 6, this newspaper had reported Herojit’s plight, the IAF chief’s plea to defence minister A.K. Antony, and the reason for the government’s remorse after it found funds for VVIP helicopters but not enough for basic trainer aircraft like the outdated Kiran.

Browne also said the air force did not want the defence public sector Hindustan Aeronautics’s proposal to manufacture basic trainer aircraft to be accepted.

The air force has already contracted 75 Swiss-made Pilatus aircraft, the first 14 of which are expected to be inducted by June next year for the primary stage of training fighter pilots.

HAL has proposed to the government that it will produce an aircraft called the HTT-40 (Hindustan turbo trainer) but the air force is upset with the public sector firm’s failure to meet delivery schedules.

“I can tell you that the IAF does not want it to happen. They made the proposal in 2009-2010 and they expect us to fund their R&D (research and development) by about Rs 500 crore. We do not have that kind of money. The time for experimentation is over,” Browne said.

He said the IAF would need a total of 182 Pilatus aircraft. These are expected to be delivered much before the seven-year timetable that HAL has projected.

“The delay has already proved too costly. HAL has made zero progress,” the Air Chief Marshal said. He said HAL’s proposed HTT-40 aircraft “would also be significantly costlier” than the Pilatus.

Browne said that with the government accepting the request to grant a commission to Herojit, the air force was also telling its personnel that “we will not leave our people or equipment behind”.

Browne, who has earlier been the western air commander, has demonstrated this belief in the past. After a Mi-17 helicopter had a hard-landing at 15,000 feet in Changtash, Ladakh, he selected a team of mountaineers and engineers to travel to the rarefied heights.

The team salvaged the aircraft and repaired it. The chopper this year flew in the Air Force Day parade.

Browne said that in taking up Herojit’s case, he had been moved by a colleague, Wing Commander Limaye, who too had been left a paraplegic after a fighter aircraft accident. Limaye is based in Pune where Browne had served.

The air chief said another colleague who was a quadriplegic was now able to write by holding a pen in his mouth and was being treated in hospital.

Herojit’s family is based in Imphal where his father retired from the Manipur Fire Services. His mother is a homemaker. One brother is in Imphal while another and two sisters are either working or studying in Pune.

Source: Telegraph India

Defence Ministry extends some Disability Benefits under Section 47 PWD Act

Dear Colleagues,

New Delhi, 12.12.2012

Please refer to my earlier post titled Non-discrimination, UNCRPD and Disabled Soldiers in India dated 15 Nov 2012. 

Hon'ble Defence Minister Mr. AK Antony, who has been known to be a very sincere Minister of UPA government,  has given following written reply in Lok Sabha today regarding Disabilty benefits to Defence Personnel on a question raised by Sh. PC Gaddigoudarin, 

"Armed Forces personnel who are retained in service despite the disability held attributable to or aggravated by military service are entitled to lumpsum compensation of disability / war injury element at the time of disability. Those who do not opt for the retention are entitled to disability pension / war injury pension on retirement / discharge. No disability pension / war injury pension is admissible on retirement / discharge once the lumpsum compensation has been obtained by the personnel. The primary factor for awarding disability benefit to disabled personnel is the establishment of a causal connection between disablement and military service by the Competent Authority. Accidents during the journey from duty station to leave station and vice-versa are also generally considered attributable to military service."

Released by: Press Information Bureau

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