Tuesday, July 21, 2009

Dear Friends,

Through 93rd Constitution Amendment in 2001, the Indian Parliament had made the right to education a fundamental right, but it took the Central Government over eight years for all stake-holders to agree to an enabling legislation --- the Right of Children to Free and Compulsory Education Bill, 2008, known simply as the Right to Education Bill.

The Rajya Sabha on Monday unanimously passed the Right of Children to Free and Compulsory Education Bill 2008, making it obligatory for the government to provide free and compulsory education to every child in India between the ages of six and 14 years.

The Bill now is all set to go to the Lok Sabha. I am surprised that in a country like India, it takes 8 eight years to pass an enactment to ensure a fundamental right guaranteed by the Constitution. Is it because it was brought out by the then NDA Govt? And that had this been done earlier, the credit would have gone to the NDA & BJP? Such enabling legislation should be above party politics and loosing out on such opportunities can only be detrimental to the growth of the nation. Rightly says the Human resources development minister Kapil Sibal, "We are sitting on a great opportunity. We need to grasp it. If we lose it, the consequences will be disastrous."

Highlights of the bill
  • 25% seats to weaker sections
  • Does away with capitation fees charged by pvt schools before admisison.
  • No screening procedure of child or parent for admisison.
  • Creation of Child Right panel to look into grievance of parents against schools.
Its importance for a child with disability
Once parliament passes it will be a fundamental right of the child and any impediment like finance or procedures etc can be of no significance. However, as disability rights activists, we need to look at it from the perspective of education of chidren with disabilities in an non-exclusionary and inclusive set up with appropriate reasonable accommodation to provide a congenial atmoshphere for studies and learning.

Click here to read from source Hindustan Times

RS approves Right to Education Bill

A Bill providing for free and compulsory education as a fundamental right of children in the 6-14 age group – a flagship programmes in the 100-day agenda of the UPA government – was passed by Rajya Sabha on Monday.

The Parliament had made the right to education a fundamental right through the 93rd Constitution Amendment in 2001 but it took the Central government over eight years for all stake-holders to agree to an enabling legislation --- the Right of Children to Free and Compulsory Education Bill, 2008, known simply as the Right to Education Bill.

The Bill was introduced in Rajya Sabha in December 2008 and referred to a parliamentary standing committee. It was taken up for discussion after the government had examined the committee’s report.

The Bill earmarks 25 per cent seats to weaker sections in schools, seeks to do away with the practice of schools taking capitation fees before admission, subjecting the child or parents to a screening procedure and giving powers to child rights panels to look into grievances of parents against schools.

On reservation in schools, Human Resource Development Minister Kapil Sibal said it would be up to the states to implement the policy of reservation in admissions. School education is a state subject.

The ministry estimated that Rs 2.28 lakh crore would be required in the next seven years to implement the Constitutional obligation.
Responding to members’ concern on the financial requirement, Sibal said a group was on the job and would provide inputs to the 13th Finance Commission before completion of its term in October this year.

“Once Parliament passes it, it will be a fundamental right of the child. There is no way in the world that we will not have finances,” Sibal said.

Friday, July 17, 2009

You might be tried under Criminal Law if you call a disabled person on his disability!

Dear Friends,
This seems to be a path breaking development and Shri D N Chowdry deserves accolades. In order to ensure dignity and respect as equal citizens of this country to the persons with disabilities, Maharashtra State Legal Commission has submitted a report recommending that insulting a person with disability for his disability should be considered as a Crime under Criminal Law and be punishable.
An overall welcome move
This is a welcome move as even today people with disabilities are discriminated against; called by their disability not by their name, especially in rural and underdeveloped areas and not given their due rights which the Indian Constitution guarantees them.
Such recommendations if enacted as an enforceable law can change the ground situations entirely. Any such law is actually a great level player for marginalised segments and gives them a ready tool to enforce their equality and rights on society if the society lags behind in accepting them as equal partners deserving equal dignity and respect. This is on the lines of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 that was enacted to instill a confidence and to stop and prevent atrocities against dalits. Proponent of Dalit Rights term this Act as an important milestone in their fight for equal rights in independent India.
Why not insert such provisions in the Persons with Disabilities Act?
I also feel, we Indians are so proud to enact a number of laws and then carrying them on our back without any implementation mechanism. The existing central law like The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), 1995 are yet to be implemented in full letter and spirit. This law doesn't have prevention of atrocities as a separate section but is well covered under non-discrimination clauses, however, without invoking any criminal procedure for failure to implement or for discriminating. Thus if such a clause is added to this Act, the Act can actually become very strong.
Cautious lest the law is abused!
However, such a law in favour of disabled people should be taken up with a caution! We have seen in the recent past that the SC/ST Act has been largely misused against other members of society to settle personal scores and with vested interests and even used in political circles. Recently, the State Congress Chief of UP was got arrested using the provisions of SC/ST Act by Ms. Mayavati, the Chief Minister of UP!! Thus sufficient provisions need to be made so that the law is not misused.
Implement existing laws and UNCRPD
There is an urgent need to see that the existing laws and especially the UNCRPD (UN Convention on the Rights of Persons with Disabilities) that has acquired for force of domestic law after its acceptance and ratification by India, are implemented in true letter and spirit and a strict and time bound mechanism is ensured to see that the rule book prevails to achieve the mandate of these socially equalising enactments.
Warm regards
Subhash Chandra Vashishth
Insult on physical disability could be considered as punishable offence
Correspondent Thursday, July 16th, 2009 AT 10:07 PM
MUMBAI: Insulting a physically challenged person on his disability might soon be considered as an offence which would be punishable. A report submitted by the Maharashtra State Legal Commission to chief minister Ashok Chavan on Thursday emphasised that “insult on physical disability should be considered as an offence.”

The 21st report submitted by D N Chowdry, chairman of the Commission, recommended that insult on physical disability should be considered as an offence and there should be a provision of punishment.

The State government in April 2009 had asked the Commission to make recommendations regarding handicapped act and accordingly a 26-page report was submitted. Chowdry in the report recommends that calling a handicapped person on physical disability, speaking to them with disrespect, insulting on physical disability or abusing on disability as an offence and there should be a provision of punishment,.

Chowdry further said, “It was necessary to recommend that a handicapped person should be treated respectfully in the society. There is no such provision in the prevailing Central Act.”

Thursday, July 16, 2009

Leading International Disability Organisation portrays India without J&K!

Dear Friends,
I am shocked to see the attitude of a leading UK based deveopmental organisation called ADD having its branch office in India. I happened to visit its website and I couldn't believe what I saw. It shows an Indian Map minus its head i.e. J&K.

Is this justified by any means ? Should an organisation of such a stature stoop so low? Doesn't this hit us so harshly at our hearts? Can an Indian tolerate this?

May be whole sector need to react. Its on us. What do we want - our integrity and sovereignity or charity cum developmental work at its cost from an offshore organisation. I can not believe that is by mistake. It is purposeful and needs to be rejected and refused. We do not want such organisations to function in India if they do not agree to the stand taken by we the people of Republic of India and its elected Government.

Need your support! I wrote the following mail to its new Director Mr. Sebastian.

To
Dr. Sebastian
Director- ADD
4005, 19th Cross,
Banashankari II Stage Extn,
Bangalore 560 070, India

Dear Mr. Sebastian,

This refers to our telephonic discussion a while ago on the subject.

As I said I am deeply pained that an international developmental organisation of this stature especially working in India has such flaws on its website http://www.add.org.uk/India.asp which no Indian would tolerate.

I strongly object to portrayal of Indian Map in its present form i.e. without J&K. This relates to the integrity and sovereignity of the nation.

I appreciate that you have joined recently and would take time to understand the official work related to the important post that you fill but this matter must be immediately dealt with before it blows up in ugly proportion!

My good wishes to you on joining this august organisation as its Director and hope we have a continuous dialogue on many common areas in disability sector.

Warm regards
Subhash Chandra Vashishth
Advocate-Disability Rights,
New Delhi, India
Mobile: +91 (11)

Wednesday, July 1, 2009

Finally Railways plan to address access issues at select 1500 railway stations!

Indian Railways have been sitting over the access improvement plans over 10 years now. Several Writ petitions followed, but nothing more than assurances and promises came out. The Indian Railways have now decided to address access issues at some odd 1500 stations now which is nothing but a miniscule in such a vast country.


My Fears


  • And mind you, they say that they are doing it not because it is mandated under a binding Central Law called The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 but because of the continuous requests which are being received from the physically challenged people from all over India. What a cruel joke on the 14 year old Legislative Enactment of Indian Parliament!

  • If Railways execute the access solutions at the standards at which they are currently doing at many of the stations, I fear whether we will ever have accessibility at Indian Railway Stations and trains !

  • As long as you call alternate access ramps, reserved parking slots, low height water taps and accessible toilets to be special facilities, I doubt it would be sustainable! Answer lies in Universal Design! Why can't the stations be designed to be accessible to all based on universal design rather than special access to some.

  • Today, in the name of low height water taps, inaccessible taps have been built. Look at the socalled "accessible toilets" at stations. They remain either locked or are inaccessible. Ramps are slippery, there is no platform to platform connectivity. Wheelchairs are not available easilty at stations. Staff is often missing from "May I help you" counters. There is no awarness in the implementing contractors and engineers. What they consider accessible is actually not accessible.

Perceptions about Accessibility Differ from Actual Accessibility


The simple question- do you involve competent consultants and users to ensure that the end product is fault free? Perceptions of accessibility differ from person to person and this subjectivity kills the design and the usage of end product for the end user in absence of uniform universal design standards being adopted.

regards

Subhash C. Vashishth


To read the news in detail click on links:

India Server.com
Times of India
Travel Biz Monitor

Thursday, June 11, 2009

An IAS officer, against all odds- Hindustan Times

Dear Colleagues,

A sensitized senior officer can make all that difference that is needed to accommodate the special needs and provide equitable environment to persons with disabilities to perform in education and employment. In the instant case, due a highly sensitized Director General of Academy of Administration, Mr. Sandeep Khanna who happened to serve in Ministry of Social Justice at one point of time and knew the capabilities of blind made all that difference. The DG ensured that the Academy provided an enabling environment to the trainee IAS office who was a person with visual impairment. Thus braille printer, braille translations of the revenue book circular, land Revenue Code and CC (conduct) Rules were provided to make the academy/ educational institution an inclusive set up.

Here is the story of the success of inclusive set up and of course the grit and determination of Krishna Tiwari!


An IAS Officer, against all odds 

Losing his eyesight at the age of 20 could have demoralised Krishna Tiwari. Instead, he decided to proceed with his life according to plan, becoming India’s first IAS officer with a 75 per cent visual disability. Tiwari, whose retina gradually deteriorated, leaving him legally

blind by 2001, is currently finishing his training programme at Madhya Pradesh’s RCVP Noronha Academy of Administration in Bhopal.
In a welcome change, the government is adapting itself to working with people with disabilities, rather than the other way around.

Director General (Academy of Administration) Sandeep Khanna, who has served with the Ministry of Social Justice and Empowerment in the past, made a laptop and screen reader software available to help Tiwari with his training.

The Academy also got a Braille printer and Braille translations of the Revenue Book Circular, the Land Revenue Code and the Civil Services (Conduct) Rules — the Bibles of every revenue officer.

“This is being done as part of a move to have more inclusive education,” said Khanna.

The Academy has also offered the 28-year-old the option of taking the equipment with him when he the training is over, to help him in his work.

It wasn’t always this easy, though.

Tiwari secured the 142nd rank in the Civil Services Examination, 2007, the highest rank ever for a person with a physical disability.

But in August that year, the Department of Personnel & Training told him he was ineligible to join the Indian Administrative Service on three counts: He would be unable to perform his duties as he could not see, he could not read or write and could not walk without help.

Tiwari protested, saying he was adept at handling computers and could walk in a secure area without help.

The matter was referred to the medical board and the objections were waived. In November 2007, Tiwari was finally inducted into the IAS.


Source: Hindustan Times