Barrier Free Buildings- a distant dream- State Governments show little interest in Central Assistance Scheme

Dear Colleagues,

In October 2010,  Govt. of India invited proposals from States to give central assistance to provide barrier free environment in important State Government buildings in the State Secretariat, Collectorates, Main Hospitals, Universities and other important Government offices to ensure that these are accessible to the Persons with Disabilities (PwDs) under the ‘Scheme for Implementation of PwD Act, 1995 (SIPDA),’ after effecting a major increase in the annual allocation (Rs 15 crore-Rs 20 crore to Rs 100 crore) this year.

While there were apprehension put forward by the activists that how this was going to be implemented in absence of abysmal number of access auditors in the country both for infrastructural access and web-access. Even after almost one and half year, this scheme  has found very few takers. This indicates two factors – which continue this vicious circle of inaccessibility. First is the lip service by the Government – both at the centre and the states- second is the “We can not do much” attitude of Persons with Disabilities, their organisations, DPOs/ NGOs and parent’s organisation.

We have found a similar lukewarm response to an earlier scheme for promotion of employment by which the government offered to pay a certain sum for Provident Fund contribution for the employee with disabilities.

Disability is not a priority area for the government – both at centre as well as at States, since they are grappling with much more serious subjects (seriousness is judged from the perspective of how adversely the segment may affect the voting patterns in the elections!). Therefore, after the lip service in form of schemes, nothing much comes out in absence of concerted effort on the part of NGOs/ Disabled Persons Organisations and Confederations. I remember similar story appearing in the Times of India on 07 November 2010 titled Challenge for the disabled when the new Disability Commissioner took over. However, not much has happened since then.

Barrier Free environment is your fundamental right for it is essential to enjoy “Right to Life” as enshrined in the Constitution of India and eloquently spelt out by the Hon’ble Supreme Court of India in its various path-breaking judgements.

Therefore, it is high time that Confederations, NGOs, DPOs  who claim to work with and for persons with disabilities in India and as well as disabled people in this country to raise voice through different mediums – representations, dharnas, sit-ins outside the Minister’s office/residences, petitions in the Disability Commissioner’s court, Writ petitions in the High Courts, and every possible way which is democratic and lawful. I am sorry to say, without this, we will have similar news stories every six months explaining the pathetic conditions of inaccessible pedestrian pathways and inaccessible public spaces and transportation systems.

regards

Subhash Chandra Vashishth

Advocate- D isability Rights

Here is this story from Times of India, Pune Edition dated 01st March 2012:

Barrier-free buildings a distant dream for disabled

PUNE: Makrand Vaidya, who walks with the help of crutches, feels intimidated when he has to visit government offices in the city, because of their limiting environment.

“I have visited so many government offices here and none are disabled-friendly. My wife, who is on a wheel-chair, feels the same. My condition is such that I cannot use the crutches for an extended period of time. So, when government offices do not have ramps or a lift, I have to climb up a flight of stairs by sitting on every step to rest before moving forward. Situations like that not only drain my energy, but also my confidence,” said Vaidya.

A visually-impaired student, who declined to be named, said, “There aren’t any staff to guide the people with disabilities (PwDs) who visit government offices. More often than not, staff at government offices tend to misguide you by giving you wrong directions and partial information. Inquiry booths for PwDs at all government offices are indispensible. Lack of such facilities only delay our errands further.”

The fact that the Pune Disability Commissioner’s office has not received adequate number of applications from the state government departments seeking grants to make their offices barrier-free, shows the disinterest in making public buildings disabled-friendly.

The Union government had sought proposals for Rs 12 crore from the states, to make required changes in the office premises of state departments and make them better accessible to physically-challenged people.

Though the deadline to send the applications is already over, the Disability Commissioner’s office here has received applications seeking funds to the tune of just Rs 8.5 crore so far. What’s more, the Pune divisional commissioner’s office and the Pune Zilla Parishad, which were specially asked to send their requirements for grants under the scheme, are yet to respond.

Proposals from states have been invited by the Ministry of Social Justice and Empowerment under the ‘Scheme for Implementation of PwD Act, 1995 (SIPDA),’ after effecting a major increase in the annual allocation (Rs 15 crore-Rs 20 crore to Rs 100 crore) this year.

Officials from the disability commissioner’s office had made a presentation to various state government departments, including Pune Zilla Parishad and the divisional commissioner’s office, to encourage them to submit proposals for making provisions for barrier-free environment in their respective buildings.

“However, no proposal has been received from the zilla parishad and the divisional commissioner’s office, and we are still seeking to fulfill the shortfall of Rs 3.5 crore,” said an official from the Disability Commissioner’s office.

The UN Convention on the Rights of Persons with Disabilities (PwDs), 2008, to which India is a signatory, calls for making buildings, work places, facilities including information, communication and other services, etc, accessible to PwDs on an equal basis. In addition, section 46 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, makes implementation of barrier-free environment for PwDs everywhere, especially government buildings.

The official said, “However, in spite of the legislation, people are unaware of what exactly is a barrier-free environment. Only a ramp and a toilet on the ground floor do not amount to the structure being barrier-free. Thus, central assistance on significant scale under the SIPDA is provided to states to encourage them to move in the direction of making their buildings totally barrier-free.”

He said the disability commissioner’s office authorities have focused on providing at least four features in the government buildings that have hitherto submitted applications. “A ramp, toilets on all the floors for the disabled, signage boards for the hearing-impaired and a lift (for buildings where ramp does not go beyond two floors) are barrier-free features which will have to be added in the buildings mandatorily,” he said.

The official said the disability commissioner’s office had asked the state health department for proposals from eight civil hospitals from eight regions of the state. “We, however, have not received any applications from the health department,” said the official.

The disability commissioners’ office had also asked the higher education department to send proposals to make their websites accessible to PwDs and institutions environment barrier-free. However, only five universities and 11 directorate offices from the state have sent proposals within the time limit.

The official further added that Amravati district collector, Mumbai university and divisional commissioner, Mumbai, have also not sent applications. “Mahatma Phule Krishi Vidyapeeth, Rahuri, has given a proposal to the tune of Rs 3 crore, Rs 76 lakh for making four of its buildings barrier-free. Others who have sent the proposals include North Maharashtra University, Jalgaon, SNDT University, Mumbai, and Nagpur Veterinary College,” the official said.

Dananjay Bhole, co-ordinator, Blind Students Learning Centre, University of Pune (UoP), said, “I have been working at the UoP for the last couple of years and was also a student earlier. For me, mobility on the campus has not been a hindrance because I have been here for some time now. But, initially, I faced several problems here since there wasn't any cell to help physically challenged people. With increasing awareness UoP has taken initiatives to make its environment more disabled-friendly. The new buildings on the campus can be easily accessed by physically challenged people. Access to old buildings is difficult for wheelchair users as there are no inclined ramps installed at the entrance to the buildings.

Source:  Times of India, Pune Edition

The Hindu : Arts / Magazine : Showcase: Personal, yet impersonal

This is one noble soul that I have come across in my entire life with such a zeal to do so much for the world around us, knowing well the physical limitations yet exploring each moment the joys of reaching out to the needy. Mr. Rajinder Johar, I truly salute your spirit and highly recommend this film by Mr. Pankaj Johar - a real tribute to the legend who continues to write history in the disability movement each day!

Please do not miss this out. It has the potential to kindle life, energy in any of us.


"A documentary film on the life of a disabled person has every chance of becoming a sob story, especially if made by a family member. “Still Standing” triumphs on this score. Pankaj Johar — who won the Dadasaheb Phalke Chitranagari Trophy for the best debut director in the international competition section of the 12th Mumbai International Film Festival for Documentary, Short and Animation Films (MIFF) — does not allow the personal to overshadow down the professional in his film based on his father Rajinder Johar’s life.
Johar senior’s story is inspiring, to say the least. Shot by a colleague soon after joining as a physiotherapist in Lucknow’s King George’s Medical College way back in 1986, a bullet injury in the spine meant he was completely bedridden for the rest of his life. After an initial phase of depression, he chose to live life. And how!

He started what is known as Family of Disabled (FoD), an NGO that has over the years provided help to thousands of disabled people in Delhi to be self-dependant. From his bed, Johar coordinates a team that provides help to disabled people from various strata of society."

.......more on The Hindu : Arts / Magazine : Showcase: Personal, yet impersonal

regards
Subhash C Vashishth

Blind can use online testing instead of scribes

Dear Friends,


As per reports, The Institute for Banking Personal Selections (IBPS) has joined hands with International Institute of Information Technology Bangalore (IIITB) and the National Association for the Blind Karnataka (NABK), to develop ‘Nethra Sarathy,’ the testing tool in coming 8-9 months. The tool will be deployed nationally for all visually challenged candidates taking the test by the end of 2012.


This seems a remarkable initiative to bring in an element of equality and independence to the visually impaired candidates who till now suffered many a times due to incompetent scribes and the rules related to use of scribes. Experiences are varied from a few taking undue advantage of the Scribe in most cases people suffering due to incompetent scribes forced upon the or available to them at the crucial time of examination and mostly because of the unfriendly rules relating to use of Scribes for the examination.


However, this would also mean that our visually impaired brethren should  be conversant with computers and online examination system and must be exposed to the same by mock drills by the training organisations, NGOs and the recruitment agencies. Such mock drills could be provided on their websites which can come handy for people.


Here is the coverage from our learned friend Mr. L Subramani, Deccan Herald. To read it from Source click here: Deccan Herald.

Blind can soon do away with scribes for bank exams

L Subramani,Bangalore, Feb 1,2012, DHNS:

‘Nethra Sarathy,’ an online testing tool is expected to be ready in eight months

In what could be a major boost for visually challenged persons - applying for bank jobs - the Institute for Banking Personal Selections (IBPS) will develop an online testing tool to enable them to take the test without scribes, for the first time. 

The biggest testing and skill-building organisation has joined hands with International Institute of Information Technology Bangalore (IIITB) and the National Association for the Blind Karnataka (NABK), to develop ‘Nethra Sarathy,’ the testing tool, in about eight months. The tool will be deployed nationally for all visually challenged candidates taking the test by the end of 2012, IBPS Director Balachandran told Deccan Herald  over the phone, from Mumbai. 

“There are nearly 1.45 million visually challenged persons aged between 20 and 29 in the country and 50 per cent of them apply for bank jobs,” Balachandran said. 

“Finding the right kind of scribes who would adequately reflect their ability to answer questions in a banking test remained the biggest impediment for them to crack the test and find gainful employment in the banking sector. We hope the new tool would obviate the need for scribes and allow them to take advantage of the technology available,” he said.

Training

IIITB Director and President of NABK Prof S Sadagopan said nearly 100 visually challenged candidates who had applied for bank exams last year from Karnataka would be trained in the newly-designed tool to check whether absence of scribe obstructs their speed or efficiency in answering questions. 

“The testing software has to be compatible with the screen reading software the visuall challenged use to read and write on a PC. But we need to ensure that the system in place is stable enough for them to take the exam without trouble,” he added. 

While IIITB would work on the patches which can be downloaded and fixed to ensure stability of performance and connectivity throughout the test period, NABK would put the tool to test and check whether the candidates feel comfortable using the online tool than a scribe. 

“The 100 students would be trained under the computer training programme we have at NABK and, at the end of the pilot project to test the tool, they would either be allowed to take the real test for bank jobs or offered more training and placement through our computer course,” said NABK Secretary V Mohan Kumar. 

Last year, more than 8,000 visually challenged candidates appeared for the recruitment test conducted by IBPS for the banking sector, one of the largest recruiters of visually challenged persons. Due to non-availability of well groomed and qualified scribes, many of them find it hard to clear the test. 

“We would like to conclude the testing of the tool in seven to eight months –or possibly a month more—and deploy it across the country by the end of 2012,” said IBPS Professor and Head of R&D Division Dr M L Dutt, who is in charge of ‘Nethra Sarathy’.

BERA Tests to check misuse of fake certification of hearing impairment

Dear Colleagues,

There have been incidences of misuse of Disability Certificates by persons not having required (40%) of disability to be eligible for the benefits available under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995.

It has come to our notice that many persons who use voice cellphones regularly to call and receive a voice call have been claiming to be persons with disability (hearing impairment) and possessing fake disability certificates thereby taking away the benefits meant for the persons with hearing impairment in terms of Persons with Disability Act 1995.

To prevent irregularities in availing reservations for physically challenged persons, the authorities in Andhra Pradesh (India) are planning to adopt a new technology, the Brainstem Evoked Response Audiom-etry (BERA) system to ascertain hearing deformity of persons in the district.

The new system will become significant when candidates claim reservation under the hearing-impaired quota. There are a huge number of cases to prove that ineligible people have availed certificates from doctors when traditional tests like the simplified tone decay tests are used. “We have received many complaints that people possess certificates as hearing impaired and have been misusing the quota. We have been asking professionals to adopt a stringent mechanism that prevents irregularities,” said Mr V.V.S.S.N. Murthy, the assistant director, Depart-ment of Welfare for the disabled and senior citizens.

Government had decided that hearing deformity should be certified only at the ENT hospital at Koti in Hyderabad. The local medical board recommends patients as physically challenged for final certification. Normally, persons with deformity of more than 40 per cent can only be considered valid and hearing disability normally is associated with dumbness. But in most cases, there is no speech deformity.

This feature proves fake certification, say medical professionals.

Source:  Deccan Chronical

Adjustment of employees acquiring disability against the reserved quota for PWD

Dear Colleagues,

A disturbing trend has come to our notice. Many government departments are trying to dodge the mandate of The Persons with Disabilities (Equal opportunity, protection of rights and full participation) Act 1995 by adjusting the employees who acquire the disability while in service (and remain protected by virtue of Section 47 of the Persons with Disabilities Act) against the minimum 3% reserved quota of persons with disabilities.

This has been practiced silently in the Indian Railways and several other departments. This nullifies the overall objective of 3% reservation as per Section 33 of the Persons with Disabilities Act 1995. 

Earlier, the government departments were reluctant to give the benefit of reservation in promotion or new appointment to those who became disabled while in service. However, the DOPT vide its Memo F.No.36035/3/2009-Estt.(Res.) dated 10th June, 2009 sought to curb this discrimination with the employees with disabilities. But the department has started using this memo now to silently adjust the Section 47 protected employees against the reserved vacancies sought to be filled by other candidates.

The Memo is reproduced below for your information. The same is also available at the link: http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02adm/36035_3_2009-Estt.(Res).pdf

F.No.3603 5/3/2009-Estt.(Res.)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

North Block

New Delhi, dated loth June, 2009

Subject: Benefit of reservation to persons with disability who acquire disability after entering into Govt. service.

The undersigned is directed to say that various Ministries/Departments have been seeking clarification whether a person who acquires disability after entering into Govt. service shall get the benefit of reservation in services as provided in this Department's OM No.36035/3/2004-Estt.(Res.) dated 29.12.2005.

2. It is hereby clarified that the OM dated 29.12.2005 does not make any distinction between persons acquiring disability before or after entering into service. An employee who acquires disability after entering into service will be entitled to get the benefit of reservation as a person with disability as provided in the instructions contained in the above referred OM from the date he produces a valid certificate of disability.

3. All Ministries/Departments etc. are requested to bring it to the notice of all establishments under their control.

Sd/-

(Krishan Gopal Verma)

Director

The language is ambiguous in the Memo and doesn't clarify that the section 47 protected employees can not be adjusted against the reserved vacancies for the disabled unless such a person is also an applicant for recruitment to the reserved vacancies (higher in rank than their present rank).

The departments have been adjusting such employees against the reserved quota of persons with disabilities from the date they produce their disability certificate. The information is never leaked out. The employee being adjusted do not raise voice for it doesn't affect them. Those who get affected are outside the system in the open market hence would never come to know about it.

I have also learnt that the Railways have been adjusting "Compassionate Ground Appointees" (disabled son/daughter/dependent family member appointed in case of death of serving/retired railway employee) against the quota of reserved posts for persons with disabilities.

This practice is wrong, unethical and should be stopped. The DoPT must clarify this issue and direct the concerned ministries and departments to implement the mandate of The Persons with Disabilities Act in right earnest.

regards

Subhash Chandra Vashishth

Advocate 

Lack of Accessible Accommodation at Delhi University- a major discouragement for students with disabilities

Hi,


Barrier Free Accommodation for students with disabilities in Delhi has been an issue of concern for many years now. However, there has been no organised effort from the Government of Delhi on this front. 


In the name of accommodation, several private hostels in cramped places have come up in and around the Delhi University campus to lure disabled students too, however, the facilities are far from being satisfactory.  The incidence of rape with a blind girl living in a similar hostel by the hostel owner two years ago is an example of the pathetic and unsafe situations,  that students with disabilities have to live. 


There are more than 1600 seats reserved for students with disabilities in various courses/colleges under Delhi University, however this year not even 450 were filled up. The lack of barrier free accommodation is a major discouragement and the precious seats in the University are going vacant which is a growing concern among activists. 


Here is a recent news from Indian Express that underlines the above issue and needs to be solved on an urgent basis.

regards

SC Vashishth

Physically handicapped students worst affected (to read from source click on the weblink)

Express News Service, Delhi

Among those waiting for the new under-graduate girls’ hostel to open are hundreds of physically handicapped students.

Accommodation close to their college is an important factor for physically handicapped students, and many choose against joining DU for the lack hostels.

Incidentally, DU is trying hard to encourage physically handicapped candidates to apply for admission under its reserved category. The University reserves 1,600 under-graduate seats under this category.

According to Dr Nisha Singh of DU Equal Opportunity Cell (EOC), lack of affordable accommodation is a major hurdle that discourages disabled students, especially girls from taking up admission. “The fees in most college hostels is very high, and only a few, like Ramjas college, provide concession. We would like the new hostel to be made available soon and request the University to reserve more seats for disabled students,” she said.

During admissions this year, of the 461 students who registered for admission under the PH quota in the first list of admissions, only 135 were girls.

Officials who counsel disabled students during admissions had cited lack of safe and easily accessible accommodation for girls as a major reason for the skewed gender ratio.

Out of nearly 600 students who took admission under the PH quota when admissions closed this year, only about half managed to find accommodation in college hostels.

Others were forced to depend on hostels run by the government or agencies associated to it.

Special School for Mentally Retarded charged Commercial rates for electricity supply by BSES

Dear Friends,

We have seen a paradigm shift in the recent years especially in the way issues related to persons with disabilities are looked at. Call it a result of an awareness in the world about  disability or a very active disability community in India but we see that things are changing and many positive initiatives are in pipeline.

However, as an activist, I feel  the whole focus of disability community and hence the government is more in to laws specific to disabilities such as the Disabilities Act or the National Trust Act or the Rehabilitation Council of India Act or Mental Health Act etc.  It is an irony that several codes, enactments, rules not directly dealing with disabilities continue to use unacceptable and undignified terminologies to refer to persosn with disabilities and also discriminate against certain disabilities.

One such example that has come to my notice recently is the Supply Code and Performance Standards Regulations, 2007 (hereinafter referred to as “the Regulation”)  issued by the Electricity Regulatory Commission, in exercise of the powers conferred on it by section 50 of the Electricity Act 2003, read with sections 57, 86 and 181 of the said Act.

The Regulation in Chapter II, Para 4 a (vii) provides domestic connections to organisations working for the welfare and education of persons with disabilities. However it uses very undignified and archaic language as below:

Extract of DERC Supply Code and Performance Standards Regulations, 2007 
(to read the full Regulation please click here: SC and PS Regulations 2007)

“4. Classification of Supply  The Voltage of Supply and number of  phases shall be determined by the Licensee depending on the Contract  Demand / Sanctioned Load of the  Consumer. 

(i)Domestic Connection

a. Connections under this category are provided for consumers as specified below:

(i) Residential consumers

(ii) Hostels of recognized/aided  institutions of Municipal Corporation of Delhi or Govt. of the NCT of Delhi.

(iii) Staircase lighting in residential flats separately metered

(iv) Compound lighting, lifts and water pumps etc., for drinking  water supply and fire fighting equipment in residential  complexes.

(v) Dispensary/Hospitals/Public Libraries/School/Working Women’s  Hostel/ Orphanage/ Charitable homes run by the Municipal Corporation of Delhi or the Government of the NCT of Delhi.

(vi) Small Health Centers approved by the Department of Health, Government of NCT of Delhi for  providing Charitable Services only.

(vii) Recognized Centers for welfare of blind, deaf and dumb,  spastic children, physically handicapped persons as approved  by the Government of NCT of Delhi.

(viii) Places of worship.

(ix) Cheshire homes/orphanage.

(x) Electric crematoriums”

The said erroneous construction clearly uses undignified language and while doing so also misses  certain disabilities such Mental Retardation, Mental Illness, Low Vision, Leprosy cured, Children with Multiple Disabilities, Children with Autism and several such disabilities which have been included in The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 and The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities Act 1999.

Such a regulation is susceptible to subjective interpretation and this is proving to be true in case of Delhi based organisation, Sahan Centre for Special Education (Mental Retardation) run by Federation for the Welfare of the Mentally Retarded (India).  Federation receives grant-in-aid from the Ministry of Social Justice and Empowerment,Govt of India.

Now the officials of the Electric companies i.e. BSES are refusing to grant the Electricity supply under domestic category to those institution/schools/NGOs who are working with children with mental retardation and infact all other disabilities  which are not indicated in the Regulations. Also they insist that the institution should be recognised by Govt of NCT of Delhi. They refuse to accept an NGO for domestic connection even if it is recognised by Govt. of India and getting grants from them!

Such a fallacious reading of the regulation is entirely illegal and illogical. The erstwhile DESU (Delhi Electricity Suppy Undertaking ) did not make such a distinction and the NGOs working with children with Mental Retardation  were also given the domestic connection as per the information received. However the BSES has started charging them the commercial rate for the electric supply.

The issue has been taken up with the DERC and Govt. of Delhi. Since the Regulation is under revision, this is high time that appropriate corrections are made in the DERC Regulation as above to inlcude all disabilities to remove subjectivities that may lead to such situations.

I hope the DERC and Govt. of NCT of Delhi would take appropriate action in this regard.

Regards

Subhash Chandra Vashishth

Thalassaemic finally gets job he was denied

Dear Friends,

I am surprised as to why each time the Prime Minister's Office (PMO) has to intervene and take a credit to give the persons living with disabling conditions their basic dues such a government job at their own merit?

Why can't we have ministries and babus using their brains to implement laws and rules themselves and stop discriminating on the grounds of disabilities. This is ridiculous that for each right, a person with disability in India has to face discrimination and then he is forced to knock the doors of judiciary or some political leader. Are they doing a favour to persons with disabilities by agreeing to give them a job which the person has otherwise earned through his own merit?

So much so, that many government departments have started illegally adjusting those persons with disabilities in the disability quota seats who have passed the recruitment exams on their own in general merit. This amounts to reducing the persons with disabilities to maximum 3% rather than minimum 3% reserved seats as mandated by the Act of 1995! Is the Government listening?

Thalassaemic finally gets job he was denied

By Vikas Kahol in Chandigarh

AFTER over a year of blood, sweat and tears, Sukhsohit Singh’s efforts have borne fruit. The first thalassaemic in the country to clear the civil services examination but declared unfit because of the rare genetic disorder, he is finally set to be inducted into the Indian Defence Accounts Services ( Group A).

An observation by the medical board at Vardhman Mahavir Medical College and Safdarjung Hospital in New Delhi had jeopardised Sukhsohit’s career. The board had declared him “ unfit for all services” as he suffers from thalassaemia major. M AIL T ODAY highlighted the issue in its June 13 issue under the headline ‘ Thalassaemic man denied a job that was rightfully his’. On Friday, a beaming Sukhsohit stated that he received an official communication from the department of personnel and training ( DoPT) informing him about the assignment. The formal offer of appointment would be sent by the defence ministry, the cadre- controlling authority. The DoPT has also requested the ministry to allow Sukhsohit to join by September 13 and exempt him from attending the foundation course.

“I am happy that my dream is fulfilled. I am also thankful to the government authorities, including the Prime Minister who intervened to help me bag the civil servant’s job. The media’s effort, too, was commendable as it made out a strong case for me,” he said.

Sukhsohit had listed three preferences: The Indian Defence Accounts Services, Indian Railway Accounts Services and Indian Railway Personnel Services. All the three come under Group A civil services. “ I had deliberately opted for non- police services that were commensurate with my rank.

Sukhsohit, who lives in Panchkula near Chandigarh, was diagnosed with thalassaemia major in 1985 when he was only one and a half years old. The doctors advised his parents — his father Wing Commander ( retired) M. S. Bawa and mother Gursharan Kaur — to take good care of their son and assured them that he would be able to lead a “ normal” life. Regular medication and blood transfusions were their prescriptions for his good health.

Sukhsohit braved the disease for about 25 years and did not face any mental or physical disorder. Not only was he regular at school, his attendance was exceptionally high. He topped in the 10+ 2 examination in the Chandigarh region Kendriya Vidyalayas. After completing B Com ( Hons) in Business Economics from Panjab University, he secured the first rank in the income tax examination.

His disease did not deter him from securing the first position in MA in public administration, and he qualified for the UGC’s junior research fellowship ( JRF). Currently, Sukhsohit is pursuing PhD in public administration.

He said clearing the civil services exam had been his sole dream and he opted for non- technical services.

Mail Today

First Global Report confirms one billion people are disabled

World Health Organisation says disabled people more likely to be denied healthcare and less likely to find work

The proportion of disabled people is rising and now represents 1 billion people – 15% of the global population – according to the first official global report on disability.

An ageing population and an increase in chronic health conditions, such as cardiovascular and respiratory diseases, mean the proportion has grown from an estimated 10% in the 1970s.

But, despite a robust disability rights movement and a shift towards inclusion, disabled people remain second-class citizens, according to the report by the World Health Organisation and the World Bank. One in five experience "significant difficulties".

In developed countries, disabled people are three times more likely to be denied healthcare than other people. Children with disabilities are less likely to start or stay in school than other children, while employment rates are at 44%, compared with 75% for people without disabilities in OECD countries, the report found.

Barriers include stigma, discrimination, lack of adequate healthcare and rehabilitation services, and inaccessible transport, buildings and information. In developing countries the picture is even worse.

Tom Shakespeare, one of the authors of the World Report on Disability, said: "The clear message from the report is that there is no country that has got it right. Italy is a world leader in terms of inclusive education and de-institutionalisation of people with mental health problems but in other areas it is not. In the US the access is phenomenal – it is a civil rights issue. However, if you are looking at poverty and employment it is not good.

"Disabled people do not need to be poor and excluded; they do not need to be segregated. They do not need to be second class citizens."

One of the most "shocking and powerful" issues to come out of the report, according to Shakespeare, was the discrimination in healthcare.

Dr Margaret Chan, director general of the WHO, said disability was part of the human condition. "Almost every one of us will be permanently or temporarily disabled at some point in life. We must do more to break the barriers which segregate people with disabilities, in many cases forcing them to the margins of society."

Professor Eric Emerson, of the Centre for Disability Research at Lancaster University, said the findings on healthcare were not surprising.

"In the UK, there have been numerous independent reports documenting the systemic discrimination faced by people with disabilities, particularly people with learning disabilities. The health and wellbeing of disabled people is not simply as a direct result of their impairment. It's a result of the way that people with impairments are treated by society."

Last year, the Life Opportunities Survey found many disabled people in Britain were isolated, cash-strapped and struggling to participate in normal activities, with a fifth saying they suffered from so much anxiety and lack of confidence that they lacked the ability to work.

The WHO report, which did not compare countries directly but highlighted best practice, singled out the UK's Disability Discrimination Act 2005, which places a duty on public bodies to promote equality and its direct payment policies for disabled people as an example of good practice.

But Shakespeare said: "The UK has done very well, due to its direct payment mechanisms, and benefits like independent living allowance and access to work. It appears that many of these developments are under threat. The axing of the independent living fund and other changes to benefit appear to move away from what was a good situation."

Liz Sayce, of the disability campaigning organisation Radar, said: "The UK has made some real progress and it's good to be reminded that there's something to celebrate, but the employment rate of disabled people has crept up by only 6% in recent years to 47%. But it is still only 47% and many people are working below their potential."

Tim Wainwright, of ADD (Action on Disability and Development) International, said: "We welcome the fact that there's a lot more clarity on the figures. It confirms that disabled people are the world's largest minority. Great strides have been made in making sure that women are included in international development programmes. The next biggest group is disabled people."

Source: The Guardian

NGOs in India are under the ambit of Right to Information Act

Dear Readers,

To bring transparency in the NGOs, there has been a movement to bring them under the Right to Information Act 2005 for quite some time. It is stressed that the Right to Information Act, 2005 aims to promote transparency and accountability in the working of public authority. Charitable institutions including trust have a laudable objective of serving society. Charity and secrecy do not go together. A charitable institution which receives financial benefits because of statutory enablement has a greater imperative to be transparent.

With the recent developments and orders from the various High Courts as well as Information Commissioners, it is now settled that NGOs can be termed as Public Authorities under the Right to Information Act, hence should abide by the voluntary disclosure of information as mandated under Section 4 of the Act as well as other provisions to supply information sought by public.

The whole question revolves around the term “Public Authority” and applicability of Section 2(h) of the Right to Information Act, 2005 reproduced below, to the NGOs:-

“(d) by notification issued or order made by the appropriate Government, and includes any —

(i) body owned, controlled or substantially financed;

(ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government;”

Therefore, Non-Government organizations substantially financed directly or indirectly by funds provided by the appropriate Government are deemed to be a public authority, even though such bodies by nature and in substance are private organizations.

Kerala High Court in 2009(3) Civil Court Cases 273 (Kerala) has held that the words non-government organizations substantially financed directly or indirectly by funds provided by appropriate Government takes within its sweep all funds provided by appropriate government either from its own bag or funds which reach societies through appropriate Government or with its concurrence or clearance.

Interpreting the word “provided by appropriate government” as contained in Section 2(h) of the Act, the Court held that “provided” means to make ready before hand, to supply; to procure supplies, means or what may be desirable; make provision. It was held that when one proceeds to provide, the intention is not necessarily that it is provided from its own bag exclusively. If you provide something that someone needs or wants or you provide them with it, you give aid to them or make it available to them.

The Court, therefore, held that it is sufficient that the funds reach a society as a result of action taken by the Government thereby making available the necessary finance that may be required by the society for its activities. The essence of the word ‘provide’ is making available what is required to be provided.

Therefore, in light of the above decision of the Kerala High Court, any donation received by way of exemption under Section 80 G(5) will amount to having received the “financial assistance”, in so far as such assistance has been enabled by the Government of India through the statutory provisions of Income Tax Act by granting tax rebate to the donors.

Based on the above decision of Kerala High Court, the State Information Commission, Punjab in a recent case titled Harmanjit Singh Versus M/s Dream & Beauty Charitable Trust, declared the Trust to be a Public Authority because it enjoyed Section 80G exemption as well as it had availed Stamp Duty exemption in purchase of land.

The Commission held that the exemption granted and availed from payment of stamp duty would fall within the meaning of word ‘financed’ by the appropriate Government. Whether such assistance was substantially or not, would depend upon the facts of each case. The antonyms of the word “substantial” is : inconsequential, insignificant, little, trivial or negligible. Once exemption is granted under Section 80 G(5) or under the Stamp Act, it is an ongoing benefit which may be available on a continuous basis to the respondent, till such time, these benefits are withdrawn by the appropriate Government. This surely cannot be called trivial, negligent or insignificant.

It also referred to a case of Allahabad High Court in 2008(4) Civil Court Cases 352 (Allahabad) which held that wherever there is an iota of nexus regarding control and finance of public authority over the activities of the private body or institution or an organization etc., the same would fall within the provisions of Section 2(h) of the Act

This is a path breaking development and brings majority of NGOs in India by virtue of enjoying exemption under section 80 G of Income Tax Act, in to the ambit of Right to Information Act 2005.

I am hopeful that NGOs whose objectives are laudable in the development sector, would gladly and with open minds accept the mandate of transparency and trust that is posed on them both by law and by public faith

UID Number and Inclusion of Disability

Dear Friends,

Many persons with disabilities and their families in India have placed high hopes from the UID Number that is being rolled out by Government of India through UIDIAI – an attached office with Planning Commission of India headed by Shri Nandan Nilekani.

Prevailing Confusion in Disability Sector

However, there is a mass scale ignorance about its form and purpose. People have been debating that they would prefer one unifying card in form of UID which will save them from carrying hundred cards like Disability Card, PAN Card, and Voter Card etc. There has been a discussion even about the Pros and Cons of declaring disability on this card while many wanting to have it on the UID.  In fact, few even expressed that they were confused on whether to declare or not one’s disability fearing bias and discrimination. While one person with disability may be able to create good impression over others and positively change attitudes with his ability however, majority of disabled people who have not been fortunate enough to receive good education, this also might work contrary. More so when the societies have a tendency to look at the half empty glass rather than the half filled! 

Clarifications

I  thought to clarify few things which might come handy to those who want to know more about the UID for persons with disabilities. Please note that no data is being collected about disability by the UID enumerators.

First of all the UID is not a card but a unique number. It is also not to tag people on grounds of caste, creed, disability, family, language or even citizenship! Most ministries or people who opposed UID thought that it would be another Card - like Ration Card/Voter ID/Disability card or PAN Card etc. and started looking at it from their own profit/loss perspective.

However, UID is entirely for different purposes and stands on total scientific footing. This is a 12 digit number to identify every human being including an infant (newly born) residing in India, whether or not he has any identification document. This is completely voluntary and not forced upon people as of now. The information being collected for UID includes name, date of birth, father’s name / mother’s name/ guardian/ address, iris scan, fingers and thumb scan etc. while email and mobile numbers have been kept optional.

However, it is expected that gradually every resident will prefer to have this number for it provides a universal identity carrying demographic and biometric identity which cannot be duplicated. Today one person with slight changes in name or address or surname can create multiple numbers of Voter I-Cards or PAN Cards. Therefore, the unique ID Number will actually help identifying a person for all other documents such as ration card, disability card, passport, bank account etc and not be an overriding document.

Also unlike other documents which are accessible to public and private agencies, the Information available with UID will not be available to private and public agencies. In coming days, this number will surely help the persons with disabilities too in availing lot of benefits. Today it is voluntary; the day will come when everyone would crave to have this number. The government seems to have purposefully decided to tread cautiously to achieve success of this project and not antagonize the existing structures.

Hoping that each person with disability in India voluntary applies for a UID number for this is in his own interest and that all benefits, rights and schemes for equalizing the opportunities of empowerment come right to their doors, to their bank accounts, to them and are not leaked on the way to vested interests.

Regards

Subhash Chandra Vashishth

Advocate-Disability Rights