Blind can write exam to become Judge, rules Spain's General Council of Judiciary

Please refer to my earlier blog entry dated 01st June 2009  titled Can a Blind / Visually Impaired Person work as a Judge / Magistrate ? This was subsequently also posted on 06 June 2009, more than 5 years ago at Changemakers.com titled How can a blind / visually impaired person work as a Judge?

Delighted to learn that after a protracted battle, the Spanish Court has ruled in the favour of a visually impaired law graduate Mr. Pérez Castellanos’ restoring his equal right to become a Judge like his fellow law graduates.

An online petition on Change.org collected more than 100,000 signatures in support of Pérez Castellanos’ legal struggle.

Photo Courtesy Change.org

Here is the news published in The Local:

Blind man wins battle to become judge

Published: 14 May 2014 11:49 GMT+02:00

Spanish legal authorities have ruled in favour of a blind 23-year-old law graduate who called for people with his disability to be allowed to become judges.

“Can a blind person like me carry out the work duties of a magistrate?” was the question sent by Gabriel Pérez Castellanos to the official body days after completing his Law degree in July 2013.

Ten months on and several adjournments later, Pérez Castellanos finally got the response he was hoping for.

Spain’s General Council of the Judiciary ruled unanimously on Tuesday that blind people can access state entrance exams to qualify as judges even though their job responsibilities may have to be adapted to suitable cases.

According to the report, evidence used in court that "can only be assessed with one’s eyesight" is limited and "not enough to completely rule out blind people from a career in the judiciary".

"I'm very happy, of course," the young man told The Local.

Having scored 7.9 in his Law degree (equivalent to a First Class Honours degree in the UK), Pérez Castellanos is now completing a Master’s degree at Garrigues, Spain's biggest law firm.

"The plan is to focus on labour law," he said of his future plans.

And while the budding lawyer admitted it would be more difficult for a blind  person to be a judge — as would be the case for many professions — he thought none of the challenges were insurmountable. 

"The main task of judges is to make decisions based on their knowledge of the law," he said.

Pérez Castellanos told the Local doesn't view himself as a spokespeson for blind people but admits he had been amazed, and delighted, by the repsonse to his situation. 

Online petition website Change.org collected more than 100,000 signatures in support of Pérez Castellanos' legal struggle.

Brazil, France, Peru and the UK already employ blind judges as stipulated in the UN's Convention on the Rights of Persons with Disabilities. 

Source: The Local

100 % FDI in Disability Sector advocated

Dear Colleagues,

In the recent budget 2014-15 announced by the Indian Finance Minister Mr. Arun Jaitely, following items relates to disability subject:

• National institute of Universal Design will be set up.

• A national level institute on Mental Health Rehabilitation will be set up.

• Centre for Disability Sport will be set up.

• 15 New Braille Presses will be established.

• 10 existing Braille Press will be improved.

• The ADIP scheme of MSJE to include contemporary equipment & assistive devices

• Currency notes that facilitate access for people with visual impairment will be launched.

A California-based Pranav Desai, Indian-American activist in the disability sector has advocated (as per the below report by PTI) 100% FDI in the Disability Sector to manufacture products for entire world's population with disabilities. The Jaipur Foot has already been a great success in war torn Afghanistan and several African countries. This seems to be a good idea while there is so much of talk about FDI in retail and even in defence sectors. This will not only enhance training & job opportunities for the youth including those with disabilities but also in general will create a favourable environment in favour of an inclusive community where there is no dearth of funds on the rehabilitation, education, training and vocational opportunities for those living with disabilities.

Here is the report:

Budget 2014: India should allow 100 per cent FDI in disability sector

PTI Jul 10, 2014, 12.12PM IST

WASHINGTON: India should tap the mega economic opportunity in the disability sector by allowing 100 per cent foreign direct investment in it to manufacture products for the specially-abled population, an influential Indian-American activist has said.

"While newly-elected Indian government has promised to help specially-abled people of India, it should also look at potential untapped mega economic opportunity as well by allowing 100 per cent FDI in this sector to manufacture products for entire world's Specially abled population," California-based Pranav Desai, Indian-American activist in the disability sector told PTI.

With growing focus on human rights and United Nations push through the Convention on the Rights of Persons with Disabilities, the world body estimates that there are about one billion people.

As such disabilities across the globe has become a huge market opportunity for disabled friendly, assistive technology products and services, Desai argued, adding that new Indian government needs to tap this huge market by coming out with policies that would attract global manufacturers to set up their factories in India.

"India can also produce speech therapist (all types of trainers for special education) to cater to its domestic needs as well global needs by offering degree and diploma courses by establishing colleges for Special Needs education," he said.

Desai, who was afflicted with polio at the age of four, reached to the position of vice president of a top global IT company.

He is actively engaged in promoting education and mobility by working with NGOs (Blind People Association, The Society for Physically Handicapped and VDIS for Mentally retarded).

Desai, who would be in India this month meeting leaders of the new Indian Government, on the disability issue, asserted that it time for India to catch up with the rest of the world in the disability sector.

Source: Economic Times

KickStart - Accessible Taxis available in Bangalore now at regular rate

Dear Colleagues,

This news in Times of India regarding an initiative KickStart by our colleague and friend Ms. Vidhya Ramasubban is a welcome step for promoting inclusive tourism as well as inclusive mobility in the South Indian city of Bangalore!

Great initiative after your Ladakh project Ms. Ramasubban!

These cabs put the differently abled on the fast track

Sruthy Susan Ullas, TNN | Jun 30, 2014, 01.50AM IST

BANGALORE: Deepa Maski, 28, wheels herself with ease into her office in Electronics City, a stone's throw from her home. Her powered wheelchair is good enough to take her to her workplace every day. But a movie at iMax, Koramangala, becomes impossible without someone's help.

Mobility being a major concern, the project lead with HCL tried stopping several BMTC Volvos and telling the drivers about the ramps available in those vehicles. Surprisingly, many didn't know such a facility existed, and even if they did, they were clueless about how to operate them. Her movie-watching was, therefore, restricted to videos and downloads. But once she found Kickstart cabs, things started looking better.

Today, the disabled-friendly cab service ensures Deepa doesn't find herself stranded. A regular at family functions and social gatherings, she now looks forward to watching movies on the large screen.

KickStart, an initiative by Vidhya Ramasubban, offers cabs that are modified to be wheelchair friendly. Like any other cab service, it offers point-to-point drops, airport drops, outstation and local hire. The cost is almost in the same range.

KickStart has three cars to choose from — The front seat of the Swift Dzire is like an office swivel chair, which can move in and out of the car, allowing the customer to use it like a normal office chair. Then there's the Wagon R with a ramp, which aids the user to get their wheelchair in. The front seat of the modified Toyota Liva is remote controlled, and can jut out of the car to pick the customer from any place.

"Most of the differently abled people and senior citizens are home-bound as they don't have transport to move about. This cab service is changing their lives," explains Vidhya, who has a masters degree in social work, and has been working for the differently abled for close to 15 years.

Ask Rama Chari, a consultant, how convenient the service is for her 80-year-old mother, and she says: "My mother uses a wheelchair which doesn't fit into a car's boot. So every time we'd go somewhere, we had no option but to tie the wheelchair atop the car. The very cumbersome process would put her off and she would avoid travelling. This new cab service has helped her regain mobility. In fact, she even got her wheelchair repaired from Mobility India all by herself," says Rama.

The cab drivers are sensitized to the customers' requirements, helping them in and out of the car. "I am deaf. So every time a cab reaches my home, the driver texts me saying he is waiting outside. No call is made," explains a customer.

From a 10-year-old girl who goes to school in the cab to a 70-year-old who is hospital-bound, customer profiles vary. "We even get calls from clinics. They say many of their patients drop out as they are unable to commute. Most of our clients are senior citizens and differently abled who travel to hospitals or on personal work," says Vidhya.

KickStart cabs have caught the attention of other cities too. In fact, Vidhya soon plans to expand the service both in the city and beyond. The organization hopes to get another 10 cars in the next one year. Vidhya also plans to recruit women and transgenders as drivers to empower them.

Source: Times of India

India becomes first country to ratify Marrakesh Treaty - first step towards access to published works to print disabled

Dear colleagues,

India has become the first country to ratify the Marrakesh Treaty to facilitate access to published works for persons who are blind, visually-impaired or print disabled. This treaty would  go a long way towards establishing equal rights and opportunities for education and employment for persons with print disabilities.

Like any other international treaty/ convention, it will come into force the day the 20th country ratifies it. So far, 79 World Intellectual Property Organisation member states have signed the treaty, however they are yet to ratify it. The treaty ratified by India on June 30,  2014 will facilitate import of accessible format copies from member states by authorised entities in India such as educational institutions, libraries, etc. serving the needs of visually-impaired persons.

"The development will also facilitate translation of imported accessible format copies and export of accessible format copies in Indian languages," said the statement issued by Ministry of HRD on the subject. The Indian Copyright (Amendment) Act, 2012, is reportedly already in harmony with the Marrakesh Treaty.

Here is a related news from OutlookIndia

India Takes Global Lead in Empowering the Blind to Read

भारत मर्राकेश समझौते को समर्थन देने वाला पहला देश बना

JULY 2, 2014

पत्र सूचना कार्यालय
भारत सरकार
मानव संसाधन विकास मंत्रालय

02-जुलाई-2014 15:09 IST

मर्राकेश समझौता नेत्रहीनों के लिए प्रकाशित कार्यों तक पहुंच सुलभ कराने में होगा सहायक

भारत 30 जून, 2014 को नेत्रहीनों, दृष्टि बाधित व्यक्तियों के लिए प्रकाशित पुस्तकों/कार्यों तक पहुंच सुलभ कराने में मदद से जुड़े मर्राकेश समझौते को समर्थन देने वाला पहला देश बन गया है। अभी तक विश्व बौद्धिक संपदा संगठन (डब्ल्यूआईपीओ) के 79 सदस्य देशों ने इस समझौते पर हस्ताक्षर किए हैं। 20 देशों द्वारा इस समझौते को समर्थन दिए जाने के बाद मर्राकेश समझौता लागू हो जाएगा। 

संयुक्त राष्ट्र संघ में भारत के स्थायी प्रतिनिधि श्री दिलीप सिन्हा ने डब्ल्यूआईपीओ के मुख्यालय में एससीसीआर (कॉपीराइट एवं संबंधित अधिकारों पर स्थायी समिति) के 28वें सत्र के दौरान आयोजित एक समारोह में डब्ल्यूआईपीओ के महानिदेशक श्री फ्रांसिस गुर्रे को समर्थन पत्र सुपुर्द किया। 

मर्राकेश समझौते का मुख्य लक्ष्य नेत्रहीनों, दृष्टि बाधित व्यक्तियों के लाभ के लिए अनिवार्य सीमाओं और अपवादों के एक संकलन का निर्माण करना है। यह अनुबंधकारी पार्टियों द्वारा राष्ट्रीय विधि प्रावधानों के अनुपालन से ब्रेल जैसे स्वीकृत रुपों में प्रकाशित कार्यों के पुनर्निर्माण, वितरण तथा उपलब्धता सुनिश्चित कराने के जरिए किताबों की भीषण कमी की समस्या को दूर करने में सहायक होगा। साथ ही, यह समझौता ऐसे संगठनों, जो उनकी सेवा करते हैं, को इन पुस्तकों के विभिन्न देशों में आदान प्रदान की अनुमति भी देगा। जैसे ही मर्राकेश समझौता लागू हो जाएगा, यह भारत में लाखों नेत्रहीनों और दृष्टि बाधित व्‍यक्तियों के लिए प्रकाशित पुस्‍तकों तक पहुंच सुलभ करा देगा। यह उनके लिए शिक्षा और रोजगार के अवसरों तथा समान अधिकारों को सुनिश्चित कराने में भी मददगार साबित होगा। 

यह समझौता दृष्टिहीनों के लाभ के लिए काम करने वाले शैक्षिक संस्थानों, पुस्तकालयों जैसे भारत के अधिकृत संगठनों द्वारा सदस्य देशों से सुलभ फॉरमेट प्रतियों के आयात में भी सहायक साबित होगा। यह समझौता भारतीय भाषाओं में सुलभ फॉरमेट के आयातित प्रतियों के अनुवाद तथा सुलभ फॉरमेट प्रतियों के निर्यात में भी मददगार साबित होगा। भारतीय कॉपीराइट (संशोधन) एक्ट, 2012 मर्राकेश समझौते के अनुरुप है। 

Source: I Care India

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

Dear Friends,

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

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

Mapping disabled-friendly buildings and facilities

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

Arundhati Ramanathan

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

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

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

The idea for the app comes from the Persons With Disabilities Act, 2012 (PWD Act), which emphasizes on equality and non-discrimination which extends to all disability categories. 

“The disabled should enjoy the freedom and liberty to move to places they wish within the jurisdiction of the state or country. The government of Maharashtra is focused on promoting the rights of persons with physical disabilities through a range of social welfare approaches,” says the directorate. 

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

Users can search for a location by selecting the type of service and the application shows all the places in that category on the map which accommodates the special needs of people. 

Accessible Places is a crowd-sourced app, which means its accuracy and coverage depend heavily on the users updating the information. 

Users can also add photos of places while adding information to make it more user-friendly. 

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

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

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

“The app is one of the means by which we are extending support for sustainable and inclusive growth of the differently-abled persons and ensure they can visit places of their needs and those are accessible easily by the means of technology,” the directorate said. 

The organization believes that technology will help address crucial needs of the differently-abled. “People are now highly engaged with technology with the help of their smart phones. And mobile apps cater to every need and every aspect of life.”

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

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

Mahaonline focuses on facilitating e-enablement and delivery of citizen-centric services.

Only a few disabled-friendly places are mapped at present, but the government hopes to map almost all state facilities soon and then nationwide infrastructure. 

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

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

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

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

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

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

Source: The Mint

No Transfer or Voluntary Retirement for Govt. Employees having kids with disabilities

Dear Colleagues,

Government employees who have differently-abled children will be exempted from routine transfers to take care of the children. Such parents will not be asked to take voluntary retirement on refusing such postings, the Centre has said.

A government employee with a disabled child serves as the main caregiver and any displacement of such employee will have a bearing on the systemic rehabilitation of the child since the new environment or set-up could prove to be a hindrance for the rehabilitation process, it said.

As per the recent DoPT order No. No.42011/3/2014-Estt.(Res.) dated 06 June 2014,  the word 'disabled' for this purpose would include: 

(i) blindness or low vision

(ii) hearing impairment 

(iii) locomotor disability or Cerebral Palsy

(iv) leprosy cured 

(v) mental retardation 

(vi) mental illness and 

(vii) Multiple Disabilities

"Rehabilitation is a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, and psychiatric or a social functional level. The support system comprises of preferred linguistic zone, school/academic level, administration, neighbours, tutors/special educators, friends, medical care including hospitals, therapists and doctors, etc. Thus, rehabilitation is a continuous process and creation of such support system takes years together", explains the order.

Hence, considering that the Government employee.who has disabled child serve as the main care giver of such child, any displacement of such Government employee will have a bearing on the systemic rehabilitation of the disabled child since the new environment/set up could prove to be a hindrance for the rehabilitation process of the child. Therefore, a Government servant who is also a caregiver of disabled child may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints.

To download a copy of Signed DoPT Order above click HERE

Related news: 

Times of India: Don't transfer parents of differently-abled kids: Govt

Temple Trust retracts from appointing women, backward caste as Priests

Please refer to my earlier post titled  "Progressive Temple Trust wants women and backward caste to work as priests"

In a sudden volte-face, the temple management committee of the historic Vitthal Rukmani temple in the pilgrimage town of Pandharpur has decided to temporarily put brakes on its decision to recruit women and non-Brahmins as priests.

The temple committee, which met on Monday to announce the names of successful candidates, instead decided to seek an opinion from the state’s law and judiciary department on whether it was entitled to make such appointments.

The decision to invite applications from woman and non-Brahmin priests was taken by the temple committee in the last week of April. In response to the advertisements placed by the committee, 161 candidates including 23 women turned up for the series of interviews conducted on May 18. It was expected that the names of the successful candidates would be announced on Monday. Speaking to The Indian Express, former minister and temple committee chairman Anna Dange had earlier said the move aimed to break the hegemony of Brahmins over priesthood.

Dange, when asked about the sudden U-turn, said the Warkari community had staged protests in the temple town a few days back against the decision. “The Vitthal Rukmani temple is the nerve centre for the Warkari cult. They had questioned the rights of the temporary committee to appoint priests. So we have  asked an opinion from the law and judiciary department about it. Once the decision comes, we will go ahead with the appointments,” he said. When asked why no such opinion was sought before conducting the interviews, Dange refused to comment.

Sanjay Teli, the chief executive officer the temple, said when the matter was tabled for discussion at the meeting the committee decided to seek an opinion.

While Dange insisted that the recruitment process had been suspended temporarily, many in the temple committee, which incidentally comprises many senior leaders from NCP and Congress, said the actual reason behind the decision could be political. Senior officers associated with the committee said in view of the upcoming Assembly elections it did not want to anger the powerful Warkari community. It might be recalled that protests by the Warkaris in 2008 had led to the shutdown of Dow Chemical’s proposed plant in Pune.

Located in the Solapur district of the state, the 900-year-old temple is the nerve centre of the Warkari community. The community has presence in Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh and other parts of the country.

While the community is supposed to be egalitarian, the move to open up priesthood to non-Brahmins and women, was met with strong opposition. Earlier this  year, the Supreme Court had overturned the hereditary rights of priesthood at the shrine enjoyed by the families of Badve and Utpats. For Hema Ashtekar, one of the applicants who had appeared for the interviews, the decision to halt the recruitment process is a “regressive move” and  “smacks of chauvinism”. “The protests by the Warkaris is illogical,” she said.

Source: Indian Express -  Pandharpur temple does a U-turn: No woman, non-Brahmin priests for now

DoPT issued the Memorandum on Facilities for Govt. Employees for efficient performance of duties

Dear Colleagues,

Please refer to earlier post dated 18 Feb 2014 titled "Guidelines for Comments - Facilities for Govt. Employees with Disabilities for efficient performance of Duties" wherein I had placed before you the draft from the sector and what it became when it went to the DoPT. 

The DoPT has finally notified the draft with some changes vide its OM No.No.36035/3/2013-Estt.(Res) dated 31st March 2014 which are as below:

Accessibility and Barrier free environment at workplace. Following has been added which has improved the earlier draft : 
Lifts/elevators should be made accessible by providing Braille signage and audio outputs. Wherever required, suitable colour contrast may also be made available in buildings, utilities, staircases, etc. for the benefit of low vision employees. 

Special casual leave
In the earlier draft a special casual leave of 15 days mainly for inpatient treatment in CGHS recommended hospitals was given over and above all other leaves/ special casual leaves. However, in the final version, it takes away the leave sought to be granted. It now find mentions only of the existing four days leave in a calendar year for attending medical needs and 10 days leave for attending disability related conferences etc.  thereby defeating the objective of 15 days special leave. This means the section has literally been rendered useless as it doesn't give anything new and only reiterates what was existing earlier.

Guidelines have some positive things too

The guidelines though not close to what we had demanded, are a good beginning since it now gives the employees with disabilities the following facilities as a matter of right among others:

(a) Post recruitment and Pre-promotion Training. 
(b) Provision of aids/ assistive devices
(c) Accessibility & barrier free environment at workplace.
(d) Preference in Govt. Accommodation 
(e) Grievance redressal mechanisms &
(f) Preference in transfer/posting

Download the policy in PDF by clicking the weblink below:

OM No.No.36035/3/2013-Estt.(Res) dated 31st March 2014 titled "Guidelines for providing certain facilities in respect of persons with disabilities who are already employed in Government for efficient performance of their duties

Revised Code of Bank's Commitment to Customers: 2014 integrates needs of Seniors & Disabled

Dear Colleagues,

After the recent guidelines of Reserve Bank of India (RBI) & Indian Bank's Association (IBA) detailing on accessibility of banks and its services for the disabled and elderly, needs of certain disabilities under the National Trust etc, the Banking Codes and Standards Board of India (BCSBI) which lays down the voluntary codes adopted by banks has in its 2014 revised version of the code has prominently dedicated a section on Senior Citizens and Differently abled.

This is a voluntary Code of Customer Rights, which sets minimum standards of banking practices member banks have to follow while they deal with individual customers. It provides protection to customers and explains how banks are expected to deal with customers in their day-to-day operations.

The extract of Section 11 from the recently revised Code is reproduced for your information below:

Extract from Code of Bank’s Commitment to Customers – January 2014

11. SENIOR CITIZENS AND DIFFERENTLY ABLED PERSONS

a. We will make our best efforts to make it easy and convenient for our special customers like senior citizens, differently abled and illiterate persons to bank with us. This will include making convenient policies, products and services for such applicants and customers.

b. We will endeavour to develop systems and procedures to improve access to banking services by you.

c. We will endeavour to make physical access to our branches and ATMs convenient for you.

d. We will sensitise our staff interacting with you to assist you in carrying out your banking transactions.

e. In addition to all the other commitments made in this Code –

i. We will accord due priority to you. We will endeavour to provide you personalized services for banking transactions and redressal of grievances.

ii. We will endeavour to provide seating arrangements in the banking hall.

iii. We will endeavour to provide you our services through a Single Window mechanism.

iv. We will permit withdrawal of your funds, up to limits set by you, by persons authorized by you on production of the authorization letter and passbook.

v. We will endeavour to provide ‘Doorstep’ banking (pick up of cash /instruments for credit to the account or delivery of cash / demand drafts against issue of cheque / requisition in writing) in special circumstances like ill health, inability to come to the branch, etc.

vi. We will issue a pension slip to you (pensioners) containing details of the pension credited to your account.

vii. We will endeavour to arrange to disburse the pension at the doorstep, in special circumstances.

viii. We will accept the Life Certificate that is required to be submitted by you (pensioners) at any branch of our bank.

ix. We will guide relatives / parents of disabled persons on how to appoint a legal guardian, under the National Trust Act, 1999, for disabled persons with autism, cerebral palsy, mental retardation and multiple disabilities who can then open and operate accounts for such persons.

x. We will ensure that all the banking facilities such as cheque book facility, ATM facility, Net banking facility, locker facility, retail loans, credit cards etc., are invariably offered to the visually challenged without any discrimination.

xi. We will render all possible assistance to the visually challenged for availing various banking facilities.

xii. We will endeavour to arrange regular meetings so that you may voice your concerns and benefit from collective experience.

To read the entire code, please click the link: Code of Bank’s Commitment to Customers – January 2014

RBI takes one step ahead towards incorporating Universal Design tenets in Banking System

Dear Colleagues,

Taking a step ahead towards incorporating universal accessibility in Banking systems, the Reserve Bank of India (RBI) has mandated today that all new ATMs to be installed by commercial banks from July 2014 onwards would provide audible instructions and Braille keypads to customers,  besides being made accessible for wheelchair users.

The RBI’s directive came on its prior advice to banks through a notification dated 13 April 2009 to make bank branches and ATMs accessible to people with disabilities and make at least one-third of the new ATMs installed as talking ATMs with Braille keypads.

RBI has now mandated that all Banks  will have to take necessary steps to provide all existing ATMs / future ATMs with ramps so that wheelchair users / persons with disabilities can easily access them. Care is also to be taken to make arrangements in such a way that the height of the ATMs do not create an impediment in their use by wheelchair users. 

Wherever,  it is impracticable to provide such ramp facilities, whether permanently fixed to earth or otherwise, this requirement may be dispensed with, for reasons recorded and displayed in branches or ATMs concerned.

In addition to the above, magnifying glasses should also be provided in all bank branches for the use of persons with low vision, wherever they require for carrying out banking transactions with ease.

The bank branches should display at a prominent place notice about the availability of magnifying glasses and other facilities available for persons with disabilities.

“It is, therefore, reiterated that banks should make all new ATMs installed from July 1, 2014, as talking ATMs with Braille keypads,” RBI said in a notification.

RBI also wants the Banks to lay down a road map for converting all existing ATMs as talking ATMs with Braille keypads and the same  be reviewed from time to time.

Read the RBI Notification here: RBI Notification on Accessibility of ATMs and Bank Branches dated 21 May 2014

Related news:

Deccan Chronical – RBI tells all banks to get talking ATMs from July

Hindu Business Line – RBI directs all banks to install ‘talking ATMs” from July 1

Business Standard - Make all new ATMs talking ones from July: RBI to banks

The Hindu –  All new ATMs must be disabled-friendly: RBI

Rights of Prisoners with Disabilities

The rights of prisoners with disabilities

Kalpana Kannabiran

Where prison facilities are not equipped to deal with the specific needs of persons with disabilities, arrest and detention in custody should be a measure of last resort

We have a slew of cases around prisoners’ rights that emphasise their right to dignity and their right against cruel and degrading punishment, which have been understood to violate the right to life, guaranteed by Article 21 of the Indian Constitution. In complying with the standards set out in constitutional jurisprudence on this matter, the offence for which the person has been apprehended or convicted is immaterial. The standard is clear. No person shall be subjected to degrading, inhuman or cruel punishment that is violative of human dignity; the duty of care to be exercised in this matter during pre-trial custody is of a much higher order. These are standards applicable to all custodial situations and to all persons, irrespective of caste, sex, race, religion, or place of birth.

Treatment in custody

The Veena Sethi case in the early 1980s brought to light the treatment of prisoners with mental illnesses and their prolonged incarceration for periods ranging from 16 to 30 years in custody. This is far in excess of sentences given to them in most of these cases, without bringing them any substantive relief beyond release from illegal custody and transport and food expenses till they reached home. That was long before there was a consciousness or political articulation of the rights of persons with disabilities, which, importantly today, includes civil and political rights for prisoners with disabilities.

We have seen some reports on the arrest of Dr. G.N. Saibaba and the conditions under which he is being held in custody. The fact that needs close and urgent examination here is not whether he has Maoist “links” or whether he is a “sympathiser” or even whether a university professor can be harassed in this manner (although we must separate his troubles in the university from his treatment by the officers of the criminal justice system.) What needs our immediate attention is even more fundamental: as a person with disabilities who requires constant assistance and support, what are the standard minimum rules that must temper the decision to take him into custody, in order that the treatment meted out to him is not construed as cruel, degrading and inhuman?

It would be useful for the authorities who have taken Dr. Saibaba into custody to be informed of India’s commitment to the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Article 4(d) enjoins States Parties “to refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention.” What are the specific protections for persons with disabilities in relation to state custody? Article 15(1) of the UNCRPD is immediately relevant: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Article 15(2) of the Convention places an obligation on the state to protect persons with disabilities from cruel degrading or inhuman treatment and punishment. It says, “States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.”

The norm of substantive equality, well established through constitutional jurisprudence in India, speaks of the principle of equality that necessarily includes special treatment for persons who are vulnerable. The denial of special provisions, appropriate assistance and specialised health care access to a person with disabilities in custody, who uses a wheelchair and has special health care needs arising from chronic illness, comes firmly within the meaning of degrading, inhuman and cruel treatment in derogation of the state’s obligation under the UNCRPD.

Particularly where a prisoner with disability requires support and assistance for daily living, placing such a prisoner in solitary confinement and denying the right to accessible facilities for personal care and hygiene is violative of the right to dignity and bodily integrity — both guaranteed under Article 21 of the Constitution, but also under Article 17 of the UNCRPD. The latter simply and pertinently states that “every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.”

The Rights of Persons with Disabilities legislation that ought to set out these standards in clear and unequivocal terms has been ever in the making in India. The absence of specific legislation, however, need not deter us from the path of justice. Article 14 of the Constitution that sets out the substantive right to equality before law, and Article 21 that sets out the framework for the right to life (with dignity) — as it specifically applies to prisoners — should at this time be read with the UNCRPD which India has ratified. This is till the time that we put in place policies and national legislation that mandatorily provide for special services and basic needs that prisoners with disabilities might require, and prioritise the conditional and compassionate release of prisoners with high support needs.

Vulnerability of women

Recognising the vulnerability of women in custodial situations, the Criminal Procedure Code (CPC) provides very different standards for their involvement in criminal investigation. There are also special standards for the treatment of women prisoners and pregnant women in custody. The demand for treatment that is sensitive to the rights of persons with disabilities to dignity and physical integrity and to their specific needs is therefore not unprecedented. Where prison and custodial facilities are not equipped at all to deal with the specific needs of persons with disabilities, arrest and detention in custody should be a measure of last resort, clearly not the case where Dr. Saibaba is concerned. The investigating authorities must release him from custody forthwith and carry out any investigations they may require, without infringing on his right to human dignity and fundamental freedoms, and in full compliance with the CPC, the Constitution and the UNCRPD.

(Kalpana Kannabiran is Professor and director, Council for Social Development, Hyderabad.)

Source: The Hindu

Progressive Temple Trust wants women and backward caste to work as priests

This is the face of progressive India where every one irrespective of his caste or sex can be a priest in the temples of the God - breaking age old monopoly of only Brahmins  (the upper caste Hindus).  After the Supreme Court rejected the claims of the two brahmin families after a four decade protracted battle, the temple trust has now called for applications for filing eight posts of priest from amongst  women & those from backward classes as part of inclusive mission!

Pt. Shriram Sharma Acharya - the founder of Gayatri Pariwar in 1950s had gone ahead giving gayatri deeksha to women and those from lower castes also saying that in the eyes of God every one is equal.  Today Akhil Vishwa Gayatri Pariwaar has become a movement for social inclusion.

Here goes the news:

Hindu temple to have women, backward-caste priests

IANS | May 11, 2014, 07.05 AM IST

SOLAPUR (Maharashtra): Here's another traditional male bastion set to crumble. With a Supreme Court prod, the renowned 900-year old Vitthoba Temple in the pilgrim town of Pandharpur will script religious history when it appoints its first women priests as also priests from the backward classes as part of an inclusive mission. 

"This is the first initiative in the country by any temple trust to break the centuries-old monopoly of the brahmans over the temple puja and other rituals. We are keen that puja and rituals should be thrown open to all castes, especially non-brahmans," Anna Dange, chairman of the Vitthal Rukmini Temple Trust (VRTT) explained to IANS. 

The VRTT advertised this week, inviting applications for eight posts of priests from all practising Hindus and women well-versed in the two-or-three special pujas for Lord Vitthoba and his consort Rukmini, besides other temple rites and rituals. 

"We shall interview the candidates May 18 and finalize the appointments which shall be purely temporary and contractual with the remuneration depending on the merits of those selected," said Dange. 

The VRTT move was prompted by a Supreme Court judgment in January in a four-decade-old litigation dismissing the claims of exclusive ancestral rights over the earnings and rituals at the temple by the Badve and Utpat families here. 

The two families had challenged the decision of the state government to take over the temple in 1968 after the recommendations of the B.D. Nadkarni Committee. 

A former cabinet minister in Maharashtra, Dange said that the apex court's verdict has already brought about a seachange in the past few months in the earnings of the temple, situated around 350 km southeast of Mumbai. 

"Earlier, the two families used to auction the daily pujas for the two presiding deities starting at Rs 7,000 ($117) for Rukmini and Rs 20,000 for Lord Vitthoba. They kept the daily earnings which were around Rs 150,000 and grew manifold on special occasions and festivals. Now, all the money is coming to the VRTT. This year, the temple income will be more than five crore rupees," Dange said. 

The VRTT has been flooded with applications and many are ready to work free as they consider it a "divine service", Dange said with a smile. The excited applicants are said to hail from OBCs, Marathas, the scheduled castes and scheduled tribes and other castes. 

The temple hosts the idol of Lord Vitthoba, a local version of Lord Krishna, and his consort Rukmini, and is revered by the 150,000-strong population of the town. 

It has a unique scripture on its walls dating to 1195 on which the devotees would rub their backs to free themselves from the cycles of rebirth. 

Attracting around 30,000 devotees from Maharashtra and other parts of India every day, the temple atmosphere is festive during four annual pilgrimages when around nearly two million devotees daily throng there. 

On Navratri and Dassehra, the deities look spectacular daily with new clothes and jewellery, with lights and decorations that reflect in the serene waters of the Bhima river on whose banks the temple stands, Dange told IANS. 

Incidentally, the world-famous 200,000 dabbawalas of Mumbai are staunch devotees of Lord Vitthoba and Rukmini and they take a brief vacation for their annual "jatras" to Pandharpur. 

The dabbawalas belong to the clan of "varkaris" who walk hundreds of kilometres from different parts of the state in processions taking two-three weeks during the Hindu months of Chaitra (March-April), Ashadhi (June-July), Karthik (October-November) and Maghi (January-February). 

A trip to Pandharpur means a visit to some other famous temples in and around the town, including the Goddess Tulja Bhavani Temple, the family diety of the great Maratha warrior king Chhatrapati Shivaji; Shri Swami Samarth Temple; Lord Shri Kshetra Temple and Lord Dattatreya Temple.

Source: The Times of India

Inconsistencies in Age of consent in multiple laws has jeopardized the child protection regime

‘Tough to bring sex in child marriage on a par with age of consent’

Written by Utkarsh Anand | New Delhi | April 17, 2014 1:23 am

In India, a person can be booked for rape if he indulges in a sexual relation with a woman less than 18 years of age. But he may marry at 12, or at an even younger age, and can validly consummate the marriage at 15. For, what relevant laws provide for are:

• Minimum age for a valid marriage: 18 years
• Minimum age at which one can marry and make it valid on turning 18: As low as one likes
• Minimum age at which a couple, married or otherwise, can have sex: 18 years
• Minimum age at which a couple can have sex when married as children: 15 years

This apparent contradiction in the law on the age of consent may have fettered the battle against child marriage in India — having more child brides than any other nation in the world — but the government has chosen to concede to the “social realities of the nation”.

The Centre has told the Supreme Court that it was deemed “not appropriate and practical” to remove this anomaly since there were at least 23 million child brides in India, who constitute nearly half of all child brides in the world. An attempt to bring sex in child marriages on a par with age of consent as others will lead to various “social tensions”, it said.

   

Significantly, in October last, the government had refused to sign the first-ever global resolution on early and forced marriage of children, led by the UN which was supported by 107 countries. India had refused to sponsor the measure, stating that the resolution’s definition of early marriage was vague.

Now, responding to a PIL that demanded removal of this disparity on age of consent, the Ministry of Home Affairs (MHA) conceded that while it was making efforts “in a discreet manner”, to prohibit child marriage, making the age of consent uniformly as 18 would throw up several other issues.

The PIL by organisation ‘Independent Thought’ has emphasised that Exception 2 to Section 375 of the IPC allows sexual relationship with a married girl at the age of 15 whereas under all the others laws, a person below the age of 18 is a child.

This contradiction in law, the PIL said, encouraged sexual relationship with a girl child under 18 because she is married.

However, the MHA said its stand on the issue of marital rape was “pragmatic” since marriage, being a social institution, is the bedrock of the society and ought to be protected.

The affidavit mentions stringency of the law on prohibiting child marriage but waters it down by saying: “It is a fact that child marriages do take place in India. The social, economic and educational developments in the country is still uneven and child marriages are taking place.”

The court will take up the government’s affidavit on Thursday.

Source: Indian Express