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

Give leprosy-affected a chance: Times of India


IANS, 31 January 2010, 03:05pm IST

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Dear Friends,

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

I have three major objections to this process:

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

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

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

regards
SC Vashishth, Advocate


Delhi Govt. Brings Action Plan : Zee News

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


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

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

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

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

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

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

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

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

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

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

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

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



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


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


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

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

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

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

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

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

Can there be a positive discrimination on the basis of religion- "No" says AP High Court

Dear Friends,

This is the third time that the AP High Court has successfully upheld the Constitution of India, which our political class want to derail just to please their votebank. Such a move could have disastrous repercussions if such policy of pleasing the vote banks based on religion is allowed in a secular country like India. 

The imagination itself is so disastrous to the secular fabric of the country. Tomorrow, it will be turn of other minorities to claim their share of reservation based on the percentage of number of citizen following a certain religion. This might lead to a a total failure of the family planning programmes in India because if that be so, each religion would try to outgrow the other religion to get their larger share!!

And what would happen to the "Right to Equality" that is the hallmark of our Consititution? Positive discriminations was permitted on the socio-economic status of certain categories of citizens to provide a level playing field to them to realise substantial equality, however only for a certain number of years. But the political class has continued this formula to please their constituencies, in fact even to the extent of promoting enmity and struggles in the citizenry to be included in the backward classes to avail reservation status (recent Gurjar agitation is a point). In 2009 we saw another amendment to Constitution of India by Indian Parliament to further extend the reservation for SC/ST by 10 years and I think the very basis of such continued reservations indicate two things:

1. That the benefit of reservations have not reached the real needy due to lack of proper implementation, thus the divide between the poor and the rich continues to grow.
2. And that this has outlived its utility and is becoming a tool of social divide and unrest hence should be stopped herewith.

Then what do we adopt to realise the constitutional dream of social equality & to reduce the economic disparties amongst its citizens? India is a strange country which has 5 richest people of the world and still the percentage of population living below poverty line is mind-boggling! Such an uneven distribution of resources is a challenge to the move from a socialist economy to a mixed economy while maintaining the Socialist character.

I think the answer doesn't lie in reservation any more. The crutches of reservation will not allow the real empowerment of people. Also the policy has failed to achieve its desired goals despite being continued for more than 60 years now (while originally it was meant only for 10-20 years!), is the testimony to the strength in the argument being proposed. 

It is the equal opportunity to  right to food and nutrition,  free & high quality education, health infrastructure and avenues of employment across the nation without any discrimination on basis of region, religion, gender or any other diversity is going to empower citizenry. Enabling environment is the answer, empowerment is the answer!

Here is the coverage on the Full Bench High Court Decision on the subject.

Subhash



Andhra High Court quashes quota for Muslims


The court ruled that reservation cannot be provided on the basis of religion
 
Published on 02/08/2010 - 12:29:33 PM


Hyderabad: The Andhra Pradesh High Court on Monday quashed a legislation providing four per cent reservation to Muslims in education and jobs, terming it unconstitutional. The state government has decided to challenge the verdict in the Supreme Court.

Delivering the much-awaited judgment, the seven-member constitutional bench headed by Chief Justice AR Dave ruled that reservation cannot be provided on the basis of religion, reports IANS.

It was a majority judgment. Five judges, including Dave, opposed the reservation while two differed with their opinion.

The court verdict has come as a big blow to the Congress government, which had brought the legislation in 2007 providing four per cent reservation to certain backward groups among Muslims.

Some individuals and organisations had challenged the Act, contending that the reservations were unconstitutional. This is the third time since 2004 that the High Court has quashed quota for Muslims.

Ramakrishna Reddy, Counsel of one of the petitioners, told reporters that the court upheld their argument that the survey conducted by the state backward classes commission to identify backward groups among Muslims was not scientific.

The bench observed that the survey on the socio-economic conditions of Muslims was conducted only in six districts and that the backward classes commission relied only on the report of the Krishnan Commission appointed by the government.

Immediately after the High Court verdict, the government decided to file an appeal in the Supreme Court. Chief Minister K Rosaiah directed the state Advocate General to file a Special Leave Petition (SLP) in the Supreme Court.

In 2004, then Chief Minister YS Rajasekhara Reddy had provided five per cent reservation to Muslims but the High Court had quashed the order.

On the court's advice, the government reconstituted the backward classes commission. Based on its recommendations, the government issued an ordinance in 2005 and subsequently the Assembly passed the legislation for five per cent reservation.

But the High Court set aside the legislation saying that its would exceed the 50 per cent total reservation limit set by the Supreme Court.

In an attempt to keep the reservations within the 50 per cent limit, the government issued an order in 2007 providing four per cent quota in government jobs and educational institutions for 15 socially and educationally backward classes among Muslims.

The government brought an ordinance, which was later replaced by a legislation passed by the Assembly.

The four per cent quota was also challenged in the High Court. The petitioners argued that the government identified backward classes without gathering scientific data.

The High Court, in its interim order, permitted admissions made under the quota. This was challenged in the Supreme Court. The apex court stayed the implementation of the order but left it to the High Court to dispose off the batch of writ petitions.

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

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

Dear Friends,

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

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

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

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

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

regards

Subhash Chandra Vashishth
Human Rights Worker

To read from source Click here:

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

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

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

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

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

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

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

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

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

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

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

Whose interest does the RWAs serve.. of only men or of women, children & disabled too?

Dear Friends,

I appreciate that the Municipal Corporation of Delhi is promoting the citizen's participation in maintaing their surroundings, community parks etc under Bhagidari Scheme of Delhi Government. The money being given away to RWAs is also welcome which could be spent on maintenance of parks. It is a well known fact that unless the communities feel the ownership for public property, it may be difficult to maintain the same and implement various related schemes.

However, be cautious that in absence of control, RWAs are becoming platforms to exert individual egos and working in the self interest of certain few holding offices. There have been incidences of sex biases, class biases and baises on the basis of disability.

The rights of children to play in the park are marred by increasing incidences of ornamental parks being made keeping only the older male walkers in mind. Also during the day whole park is filled with water with no space for women and children to relax or play. These parks maintained at public costs are most of the time inaccessible to children and adults with disabilities, especially for those having mobility impairments, wheelchair users etc.

Are these parks meant only for those few men who sit in RWAs as office bearers?  How many women or children are part of RWAs? Under UN Convention on Rights of children, the Children of the colony should be consulted in matters affecting their rights especially right to play in the neighbourhood park.

The MCD could suggest some ground rules for formation of registered RWAs which could be given such funding. These ground rules could include: Compulsory inclusion of women to 30% (10% housewifes, 10% working and 10% elderly) and compulsory inclusion of Children to another 30% (of both sexes in 15% each) and remaining 40% with men (both elderly those below 60). The functioning of these RWAs needs to be more transparent and democratic.

Also the ground rules should include that these parks should be kept accessible and barrier free for use by physically disabled residents, children and the elderly.

Then only the interest of all could be served otherwise few men would continue to rule the parks in their interest without bothering about children, women and those with disabilities.

regards,


S.C. Vashishth
Human Rights Advocate
subhashvashishth@gmail.com

To read from source click here: Civic agency ropes in residents to maintain parks

Government alone cannot provide effective civic services without residents' participation

Published on 01/13/2010 - 07:44:32 AM New Delhi: The Municipal Corporation of Delhi (MCD) Tuesday launched a scheme to encourage residents to maintain public parks in their areas.

As part of this public-private partnership, cheques totalling Rs 4,72,817 were distributed to 17 resident welfare associations (RWAs) and two NGOs for the maintenance of 132 public parks under the MCD's purview.

Under the scheme -- aimed at promoting greenery and the involvement of RWAs and NGOs in taking care of parks -- the RWAs will be given Rs 6,000 per acre per month for employing maintenance staff and gardeners.

A MCD official said to IANS the government alone cannot provide effective civic services without residents' participation.

"The MCD may organise a competition of RWAs and award one which displays outstanding performance," the official said.

Disabled and Driving - Can both exist together or at the cost of each other?

Dear Friends,

I have been perturbed at the increasing evidences coming to light where people with disabilities are discriminated and not treated fairly on equal basis with others when it comes to licenses to using roads, pedestrian infrastructure, drive and registration of adapted vehicles. The moment the subject is touched, it is looked at as if the disabled is a security threat to others and can't just drive! The RTOs often behave in most irrational ways.

I wonder at times, whether disabled and driving a vehicle has any co-relation! Can both co-exist peacefully or at the cost of each other? From a disabled person's point of view and also from a human rights angle, they can co-exist as the ability to safely drive can not be judged at the fancies of few others who merely presume and are not aware of the abilities hidden!

In my opinion, it is not only the attitude of society that disables and reduces an equal participation of a person with disability but also our laws have loopholes and limitations which perpetrate this discrimination. For example central Motor Vehicles Act 1988 which seems to be a newer law compared to many other laws in India, but has made life difficult for those persons with disabilities who can & want to drive their vehicles/adapted vehicles. This law also makes no provisions to support disability access related requirements at street crossings and intersections so that every person with disability, children, elderly, sick people, women, those carrying luggage could use the roads with safety and ease.

(a) Provisions of Access at pedestrian pavements, crossings and Traffic Signals

The Motor Vehicles Act seeks to consolidate and amend the law relating to motor vehicles in India. Section 116 of the Motor Vehicles Act provides for power to the State government to erect traffic signs in any public place for regulating speed limits, prohibitions or restrictions and for the purpose of regulating motor vehicle traffic. However, it makes no provisions for auditory signals or tactile marking at Zebra Crossings.

In order to enable blind or deaf persons to be warned about oncoming vehicles at zebra-crossings while crossing road, it is necessary that while fixing traffic signs at public places as also at zebra crossings, the Government/Public authorities also provide auditory signals and markings at zebra crossings for the benefit of persons with disabilities. Secondly, the pedestrian pavements along side the road are often absent and sometimes if present are not leveled for easy access to wheel chair users.

These lacunae in the Motor Vehicles Act can be easily plugged by adding following Proviso to Sub-section (1) (a) of section 116 of this Act.

“Provided that the State government or any local authority authorized in this behalf shall erect traffic signs, install auditory signals at red lights in the public roads, curb cuts and slopes in pavements so as to provide inclusive, un-interrupted continuous pedestrian and road infrastructure , for effective participation of persons with disabilities on an equal basis with others.”

(b) Can the Deaf legally drive in India? : Provisions Related to driving licenses to persons with hearing impairment.

The Indian Motor Vehicle Act didn’t permit the persons with hearing impairment to be issued with driving license hence despite being capable to drive personal vehicles; they remained legally ineligible to drive in India for a long time until the Delhi High Court in its judgement in Feb 2011 turned it in favor of deaf people. [blog updated on 27 June 2017]. World over, in many countries the hearing impaired people are permitted to drive and hold licenses, however this discrimination had somehow continued for  a long time in India in absence of any concerted effort from the deaf users or from the state. This is just a beginning and much needs to be done to take this awareness to the RTOs in whole of India so that there are no problems on the ground in implementing it.

(c) Driving licenses to persons with orthopedic disabilities.

The guidelines related to issuance of driving license to persons with orthopedic disabilities are also discriminatory and needs amendments to make them rights based. In my opinion the word “Invalid Carriage” is derogatory and improper and should be changed to “Motor Cycle with/without Gear (Adapted/Altered Vehicle driven by a person with disability)”. The driving license given to Persons with Orthopedic disabilities should be universal like it is for every one else rather than limited & specific to a vehicle number.

(d) Registration of adapted motor vehicles driven by persons with orthopedic disabilities.

An adapted /altered Scooters or an adapted Car with suitable modification like hand brakes and gears provides an easy mobility to a user with orthopedic disabilities.

People with orthopedic disabilities (especially those with Post Polio Residual Paralysis and those with spinal injuries) often prefer a scooter with side-wheels which is an economic mode of transport. Since almost no major company produces such scooters (called an invalid carriage!!!) in India, people with disabilities have to get the fabrication done through local mechanics and fabricators etc. However registering such vehicles and driving license to drive such (invalid carriage) is an uphill task as the rules and law do not specifically provide for this and leaves room for subjectivity and corrupt practices and it leads to exploitation of a user with disabilities at the hands of middlemen and RTOs.

Such an adapted vehicle is registered as ‘Invalid Carriage’ at the whims and fancies of the RTO. To harass the disabled applicants, the RTO often ask the user to produce a sale letter (form 21) of the Invalid Carriage. Now, since no automobile manufacturer in India supply company-fitted scooter with side wheels or produces an invalid carriage, such a sale letter can not be produced. Here starts the harassment to the user and malpractices in absence of laws due to subjectivity available with the RTOs.

Even when the carriage is registered, the user is given a driving license denoting the vehicle number on the license meaning that the user can not drive any other similar vehicle in case the vehicle goes out of order. This necessitates seeking a new driving license each time with a new vehicle (even if the vehicle is similar),

As per the Rule 126 made under Section 52 of the Motor Vehicles Act, 1988 (as amended in 2002) the prototypes of all vehicles including the one for the disabled should be approved by the Pune-based Automobile Research Association of India, otherwise no modifications on any vehicle can be permitted and one has to use a vehicle in the same shape and design as supplied by the manufacturing company. This puts an undue restriction on the persons with disabilities and takes away from them their right to free mobility.

Similar is the case for adapted Cars. Previously, Maruti Udyog Ltd. used to manufacture special type vehicles for handicapped persons with suitable modifications/ attachments. As the requirement of different persons with different disability varies, the modifications/attachments also have to be different. Since the prototype of each model has to undergo the test, under Rule 126 of CMV Rules, the manufacturer has stopped production of such vehicles. Hence it is desirable to allow modifications/alterations of vehicles enabling the handicapped to drive their own vehicles.

Mr. Jagdish Motwani’s Case

I have two specific instances of past. One Mr. Jagdish Motwani from Mumbai faced similar situations and wrote to the Pune-based Automobile Research Association of India, and received the following clarification in Nov 2006:

1. Currently there is no specified / notified procedure for the testing and certification of such systems in our country as a retro-fitment on existing vehicles.

2. The vehicles fitted with such systems have to be verified and certified by the Regional Transport Authorities as an “Invalid carriage”.

3. The suitability of the modified vehicle for the person with a particular disability for purposes of safe driving has to be examined by a medical practitioner and certified so, with respect to the nature and type of disability.

4. The Regional authorities would verify the report of the medical practitioner and also ensure that the physically challenged person is able to drive the vehicle safely.

Ms. Sudha Girish Tendulkar’s Case

Recently another case of Ms. Sudha Girish Tendulkar has come to light. She had been using an Activa adapted scooter for past 15 years and wanted to move on to an adapted car. She even bought the car with her hard earned money and a raised loan and got it adapted/modified to her needs in terms of law with due permission from the RTO. However, the RTO has been refusing to register the vehicle and not issuing her a licence to drive. In fact the wise(?) RTO want to see the driving licence before registering the vehicle in her name and Ms. Sudha’s case is that unless the vehicle is registered and a learner’s licence is issued to her how can she learn driving the car?

Here the detailed news report on her plight:

To read from source: RTO sends woman with polio on wild goose chase:

Mumbai: For 38 years, Kandivli resident Sudha Girish Tendulkar did not let her polio come in the way of life. She’s not about to give up the fight now, either.

Tendulkar needs crutches to walk, but she learnt to ride a scooter when she was 23. The HR executive, who works for Goregaon-based Excel Cropcare Ltd, has been travelling to work on her Activa for 15 years, but now wants to learn to drive a four-wheeler. She applied for a vehicle loan, purchased an Alto and even got it modified to make it disabled-friendly with the sanction of the Regional Transport Office (RTO).

But while Tendulkar and the car have been road-ready for six months, the physically challenged woman is still waiting for the car to be registered. Despite repeated requests and several visits to the RTO, her papers are yet to be processed, she claims.

What’s more, Tendulkar alleges that the Andheri RTO officials have now asked her to appear for a driving test before they sign the papers.

“How can I appear for a driving test when I don’t even know how to drive the car? They need to register it first, and then grant me a learner’s licence. Only then can I learn driving, and thereafter appear for the test,” she said.

For 15 years, Tendulkar travelled 12km to her workplace on the Activa, which had a side-car to provide balance. “Since it can be controlled with hands, I could ride it with ease,” Tendulkar said. But she met with an accident and dislocated her right shoulder two years ago. After she recovered, her doctor advised her to use a four-wheeler as it would be safer.

Accordingly, Tendulkar applied for a vehicle loan and bought an Alto on August 10, 2009 for Rs2,85,000. “I also spent an additional Rs34,000 to modify it. The brakes, accelerator as well as the clutch can be controlled with hands, as opposed to a normal car,” she said. “All this was done with the RTO’s permission. The officials even checked the car after the modification and submitted a report on October 14, 2009. But I am yet to get the registration done.”

“Tendulkar has been working here for 17 years and has never given us any reason to complain,” said NK Amin, vice president, HR, Excel Cropcare Ltd.

Amin said “we are a disabled-friendly company”, which employs two other physically-challenged persons in the Mumbai office.

Transport commissioner Deepak Kapoor said that he was aware of the matter and would see to it that action was taken by Monday.

“Since she is physically challenged, she wanted certain special permissions for the license and registration, which can be granted only by the government of India. We wrote to the government two months ago, and as a special case, I directed the Andheri RTO officials to assist her immediately,” said Kapoor.

However, the government raised some technical queries such as the nature of disability, her ability to drive, how the car will be driven, how the car has been modified, etc. This happened soon after the Nagpur assembly session started, said Kapoor, admitting that there had been a delay in preparing the answers.

“Nevertheless, last Saturday, I assured the lady that her case would be dealt with on a priority basis, and by Monday, all required documents will be checked and sent to the government,” said Kapoor.

Conclusions

Such lacunae can be removed by supplementing Section 52 of MV Act as below:

Present provision: “no owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer”.

Suggested Addition: “Provided that persons with disabilities shall be allowed to alter their vehicles so as to drive themselves at authorized workshops/centres and such vehicles shall be registered by the RTO after inspection and on the basis of fitness certificate issued by such authorized workshop/centre/ manufacturer.”

Few other points should be observed in order to end the discrimination against disabled on the above issues:

a) Register the vehicle made by companies as Motor Cycle with or Without Gear and not as an Invalid Carriage.

b) Empower the concerned RTOs/authorized workshops/centres to test and approve a modified scooter owned and used solely by a physically challenged person and amend the rule 126 of Central Motor Vehicle Rules 1989 accordingly.

c) Further exempt all the private vehicles driven by persons with disability from the Road Tax. Though this provision exists, but is not commonly known among the users with disabilities.

d) Registration and issuing driving licences should be within a time bound manner and any delay on the part of RTO to be viewed seriously and strictly dealt with. Lapses would amount to deficiency in service and hence user be entitled to compensation.

 
warm regards
 
Subhash Chandra Vashishth
Advocate-Disability Rights
subhashvashishth@gmail.com
+91-11-9811125521

Aur Raju ban gaya plantation role model! | iGovernment.in

Congratulations to a forward looking SM Raju, Bihar is in safe hands with such officers and a CM like Nitishji.

Aur Raju ban gaya plantation role model! iGovernment.in

regards
SC Vashishth
Consultant-Development Projects

Right to Education Act and Children with Disabilities

Dear Friends,

Now the Ministry of HRD, Govt. of India has indicated that what best they can do to include Children with Disabilities in the RTE Act  2009 is by including them under the Definition of "Disadvantaged Children". And that is their bit.

Any thing further is not their cup of tea and Ministry of Social Justice should do something to amend the Persons with disabilities Act. There can not be any thing worse than this. The fact is that the children with disabilities are no one's babies when it comes to inclusion and equal rights.

Isn't it simple that Ministry of HRD being the nodal ministry for Education  should also deal with education of children with disability? I fail to understand as to how education of children with disabilities becomes a welfare issue? This needs to stop right now and the RTE bill needs to be amended conclusively to provide for all support, special educators, therapists,  reasonable accommodation and inclusive schools based on universal design. Nothing less than that is going to be acceptable to us!

There is good news that Delhi Government is changing the Recruitment Rules of the Teachers to include Recruitment Rules for Special Educators and related matters after the recent Delhi High Court judgement in Social Jurists PIL. However, the situation in other states is pathetic and grave.

The Education for All "सर्व शिक्षा अभियान" has actually failed to cater to the needs of children with disabilities in an inclusive set up. It is impossible to include children in the mainstream without proper preparation of teachers, infrastructure and support systems. Also only appointment of two Special Educators per school in the National Capital Territory Region will not serve the larger needs and the states have to take proactive measures to address the issue. Till today, there is no talk of developmental therapists, speech therapists, mobility trainers and other rehabilitation professional being included as a part of mainstream schools which are otherwise a necessary part of Special schools run by NGOs.

The First Country Report on action taken by Indian Government on UNCRPD is due in May 2010. The Union Government has sought reports from States as what actions they have taken in these areas and I received a frantic call from one leading State NGO from one of the states asking that the State Welfare department is asking about UNCRPD and what is that Government is required to do in light of this. I was taken aback but this is sadly the truth! Many departments in state governments are not even aware or have taken no pains to even open the convention document that Union Government might have sent to them.

In such situation, there is an urgent and calling need for the NGOs and the DPOs to act as monitors and get the systems working. On its own, nothing would happen and we need to show the road to the implementing agencies and the Governments. Its our cause and we can't wait for it to happen on its own, at the whims and fancies of State. The Persons with Disabilities Act is a live testimony to this which has not been fully implemented even after nearly one and a half decade of its being passed by the Parliament of India.

I see a new role for the NGOs - that of  "Facilitators of Change" and "Advocacy Organisations" and "Resource Centres" to guide the Government rather than merely restricting themselves to the role of a Service Provider.

Its when you get engaged in Providing Service, you have no time or energy left to act as Resource Centre or advocacy organisation and also you keep chasing the grant applications to the Government to run the schools and other services. And that is what precisely the Government want you to remain engaged in!

We have to understand that education of children with disability is a fundamental right of the children which the Government is bound to provide for in terms of  systems, infrastructure and finance. Thus there is no point in NGOs seeking grants which are often very subjective and do not cover even the 50% of the expenses if rightfully done. I had taken up few cases for NGOs where the workers of the NGOs went against their employers in the Labour Courts seeking minimum wages and what I learnt from NGOs was that the grant that comes for a helper is merely 2000 Rupees which is far less than the minimum wage of an unskilled worker in Delhi. The matters are pending in High Court where Grant making Ministries have been impleaded as necessary parties for proper adjudication of the case! And I am well aware what is going to be the outcome of such petition!

Therefore it is the right time for NGOs to redcue their role as Service Provider and gradually move towards their new and calling role as Resource Centres, Research bodies and be a part of Advocacy and Monitoring mechanism to ensure that the rights of persons with disability to live with dignity in society on an equal basis with others are realised to its full and rights enshrined in the UN Convention on the Rights of Persons with Disabilities are progressively realised.

Another worrying issue that we should be concerned with too is the second amendment which HRD ministry is contemplating to bring in RTE Act to satisfy the powerful lobby of minority institutions who do not want to be governed by State Laws at the same time want to continue receiving grants/aids from the Government. These schools if exempted from constituting School Management Committees (which is a powerful tool to increase citizen's participation in the school management and check misuse of public funds) they could do what they like without any external check including refusal to take in children with disabilities. The move should be resisted by one and all to ensure participation of civil society and stakeholders in the process of education and maintain transparency in the delivery of quality education to all including children with disabilities.

regards

Subhash Chandra Vashishth, Advocate-Disability Rigths, subhashvashishth@gmail.com, 9811125521

To read the press coverage on RTE click here

RTE Act to cover kids with disabilities

NEW DELHI: Children with physical, learning and speech disabilities would now be put under the disadvantaged category in the Right to Education Act.

The Cabinet will soon take up HRD ministry's cabinet note seeking amendment in the RTE Act. Another amendment seeks to exempt schools run by minority organisations from setting up School Management Committees.

However, the amendment bill will be introduced only in the budget session of Parliament.

In the last session of Parliament, when the RTE Bill was passed, disabled rights groups had protested against non-inclusion of disabled children in the disadvantaged category. Disability will be further explained to include disabilities mentioned in the People with Disabilities Act and National Trust Act. But since PWD Act does not include cerebral palsy, autism and multiple disability, RTE amendment bill will specifically mention disabilities like dyslexia, aphasia and learning and speech disabilities.

Sources, however, said amending RTE to include disabilities is not enough. "Social justice ministry should move a comprehensive amendment bill to amend PWD Act. HRD ministry has done its bit," a source said.

The second amendment states that schools run by minority bodies will be exempted from setting up School Management Committees. The proposed amendment, sources said, will exclude schools managed by minority organisations from constituting School Management Committees. Right now, only unaided schools not receiving any kind of aid or grant from the government or local authorities are excluded from setting up school management committees (SMCs).

The amendment comes in the wake of demand from many states and minority-run institutions that they be exempted from setting up SMCs because it contravenes Article 30 of the Constitution that gives minorities right to establish and administer educational institutions. The amendment will be carried out in sub-clauses of clause (n) of Section 2 of the Act as well as in section 21 of the Act. It will specifically mention that minority-run institutions need not have SMCs. In the RTE Act, SMCs have a big role to play in the running of schools. Half the members of the committee will be women.