Relief by CBSE to All Chidren who come under Definition of Disabled of PWDA- an enabling or disabling provision?

Dear Friends,

The CBSE announced a few months back certain amendments in the bye-laws thereby bringing more relief to the students with disabilities. In comparison to earlier provisions on scribes/extra time & relaxations in subjects, compulsory three languages and 75% compulsory attendance to be eligible for appearing in CBSE Board exams, we have new relaxed provisions now.

While the attendence requirements have been reduced to 60% and provisions of scribes and extra-time of 20 minutes per hour of exam etc have been allowed to all those who come under the definition of "a person with disability" within the ambit of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act- 1995, (in short PWDA) i.e. those with 40% and above disability. This was earlier allowed only to those with Spasticity, Blindness, and Dyslexia & those with physical disability restricting in writing and use of hands. Exemptions from third language was allowed to those with hearing impairments too!

The biggest beneficiaries will be those who did not come under any of the earlier categories allowed exemptions but this benefit would now be even available to those with physical disabilities who actually have no organ limitation in writing the examination and can write as fast as any other non-disabled child could write.

While this can be seen as a new trend to support those who are experiencing disabilities of some or the other kind and to a certain degree as required under PWDA, and to compensate for the lack of equal opportunities for them in the past. But at the same time, it might tilt the balance of convenience in the favour of those who actually don't require it at all. Also, allowing scribes/writer to those who can write for themselves will open up another pandora's box!

I feel a rethinking is necessary when it come to allowing writer /amanuensis to all the disabled children!

On the other hand we see is a cut-throat competition to achieve higher percentages; for you loose out on getting admission to your preferred college or to get selected in MAT/CAT etc merely because of a fraction of percentage in marks. Thus, those who are in genuine need of the facilities of scribes and extra time would actually be at loss in the present system of a mad fight for percentages. Tommorrow these candidates have to sit in competitive examinations like CAT/MAT etc where no extra time is given to all, as of today.

Therefore, unless the Ministry of HRD, Govt. of India, does something seriously about the percentages etc. and number of seats in the higher education, it would only allow these students to get stuck after the CBSE's exams to reach no where!

In fact I would suggest that giving extra time to students has its own advantages. The child will write only that much which he knows or has studied. By this logic, extra time can be given to any one who needs it! It reduced stress; Child performs to his best; Slow writers can even complete the exam to their satisfaction; those with impairments in writing or those using writers/scribes will also get sufficient time to complete. But then it should also be extended in other exams too which a child has to compete immediately after CBSE Exams in order to plan for his career! Otherwise, it might be considered as a stick that further disables rather than enabling!

Regards

SC Vashishth,Advocate-Disability Rights

Click here to Read the New Notification of CBSE

Click here to read the following news from source: CBSE Amends Exam Rules for Disabled Candidates

The Central Board of Secondary Education has announced certain amendments in the examination bylaws. Candidates with disabilities, as defined in the Persons with Disabilities Act, 1995, have been exempted from the examination of a third language.

The previous rule (Rule 23) covered only candidates who were blind, dyslexic or had a speech or hearing disability.

According to the new amendment, candidates covered under the Act appearing for the Secondary School Examination or Senior School Certificate Examination are permitted to use an amanuensis (writer) and will be allowed additional time.

For a three-hour paper, students will be given an extra time of 60 minutes and for an examination of two hours, the duration will be increased by 40 minutes.

Both the amendments cover autistic students as well. These candidates also have the option of studying one compulsory language as against two. “The chosen language should be in consonance with the overall spirit of the ‘Three Language Formula’ prescribed by the Board,” reads the amendment.

Earlier, a candidate (other than blind, physically challenged or spastic) had to pay the fee prescribed for the use of an amanuensis. But, according to the changed rule, the services of an amanuensis will be provided free of cost.

A new rule added to the bylaws also defines a ‘regular course of study’. A regular course of study means that students participating in sports at the national level (organised by recognised federations), shall have to maintain at least 60 per cent attendance. Candidates taking up subjects involving practicals will be required to devote at least 60 per cent of their total attendance to practical work in the laboratory.

Unless a student fulfils the requirements, he/she will not be eligible to sit for the examination. Heads of institutions have also been instructed to not allow a candidate with subjects involving practicals to take the examinations unless the attendance requirements are met as per the rules.

Again to Jantar Mantar: Education bill 'flawed', will move Supreme Court: Expert

Dear all!

I think we should not be befooled by the false promises of Ministers - who as many say - are hurrying up to finish their 100 days agenda and have been bringing up bills in haste without consulting the stakeholders and without public scrunity!

I am personally not convinced with what media reported today with regard to RTE and disability. Mr. Anil Sadgopal and others have decided to move Supreme Court against the Bill in the present form.

Do you think we can join in the Dharna again at Jantar Mantar and join hands with Mr. Sadgopal & others against the RTE Bill in present form and seek to include disability in to mainstream business. The bill is flawed on many other issues also. And unless these flaws are addressed, inclusive education will only remain an utopia and never be realised!

And I sincerely believe that while we strongly advocate and talk of inclusion in the mainstream schooling system, the sector we work with will also suffer the same issues in these mainstream schools. The following issues concern the education and early intervention of children with disabilities also:

(a) Non - inclusion of children from 3 years to 6 years age group in the bill while the Govt. Schools have started admitting children for pre-school.
(b) No support or talk of community schools concept
(c) No system to tackle fees hike in private schools
(d) No clarity on how govt. will make re-imburse the money spent on students.(e) If it is a bill for rights of children then why children up to 14 are only covered? If the law doesn't consider under 18 to be adult - then why not include children up to 18 and below. Also in case of Disabled it could be raised to 21 from present 18.

Besides this, disability related clauses like can also be included:

(a) Relegating disability to chapter V of PWD Act and not mainstreaming the issue in the bill
(b) Non-addition of Children with disabilities in definition of "Disadvantaged children"
(c) Non-inclusion of Special schools
(d) No system of re-imbursing money to special schools

The MSJE pays a paltry sum to NGOs for running schools, under grants which is subject to reduction by certain percentage every year! Why can't Govt. re-imburse education per child to NGOs also on the same pattern? Why discrimination among disabled and non-disabled children. If the money is earmarked, many NGOs, private institutions & community schools, private and govt. schools would come forward to include children with disabilities.

Also mere statement of Mr. Sibal in the Parliament that disadvantaged children would include disabled children holds no water in the eyes of law. Mr. Arjun Singh had made a very bold statement on the subject few years ago but that remained a statement till date. Therefore, let us not believe on the statements of politicians and we should not rest till it is added in the legislation itself.

Also it is a sufficient ground for review that the bill had been introduced and passed by both the houses without a single public hearing for a legislation with such far-reaching consequences. We had no time to discuss it and its ramifications in its totality and only adhoc issues could be raised in the protest!

Click here for Addditional Reading for Meri News

Now AISA and All India Forum to Right to Education have decided to hold a public hearing and thereafter go to Supreme Court agaisnt it. Here is the call:


A Public Hearing on the Right to Education Bill
and UPA's Other Proposals Towards Commercialization of Education
August 7 (Friday), Jantar Mantar, 11 am Onwards

Jury Members:
Prof. Anil Sadgopal, noted educationist
Prof. R.K. Agnihotri, Delhi University
Prof. Minati Panda, JNU
Prof. Nawal Kishore Choudhury, Patna University
Dr. Azra Razzak, Jamia Millia Islamia
Colin Gonsalves, Human Rights Law Network
Kedarnath Pandey MLC, Bihar, Teacher Leader
A. Narasimha Reddy, Vice President, Andhra Pradesh Save Education Committee

The UPA government has passed the farcical “Right to Education Bill”: and the MHRD is busy touting this as a "historic" piece of legislation that will finally open the doors of education and empowerment to each and every child of the country. From its title, the Right to Education Bill passed on 20th July by the Rajya Sabha and on 4th August by the Lok Sabha suggests that its aims to make education a basic right available for all. Sadly, nothing could be further from the truth. The RTE in its present form is a farce in the name of genuine right to education - it designed to keep in place the discriminatory, multi-layered education system that currently prevails. In 1993, in the Unnikrishnan judgement, the Supreme Court declared that from birth until the age of fourteen, children were entitled to free and compulsory education and this was accorded the status of a basic right. This is how the genuine Right to Education is best defined.

In contrast, what the new bill promises is laughable. It states:

Ø That 25% seats in private schools will be reserved for poor students for "free" education in private schools. The government claims that it will pick up the tab for the tuition fees for these children. However, the fact is that the government only promises to provide “vouchers” to poor children equivalent to the admission fees of government schools. Do Mr. Sibal and the MHRD seriously believe that the fees in private schools and government schools are in any way comparable? Also, how will these children from poor families pay ‘picnic’ fees, textbook ‘fees’, sports ‘fees’ and other such expenses that private schools regularly extort?
Ø Even if poor students manage to survive until Class 8, what will happen after this, when the government stops paying their fees? These children will be out on the streets once more, while those of their classmates who could pay the exorbitant fees, will pass Class 12 and go on to enter the hallowed portals of IITs, IIMs or prestigious foreign universities. There is one answer to all these complexities — a Common Schooling System where every school [including the private schools] will be a neighbourhood school. But it is this one solution that all the torturous provisions of the bill could not come close to. The RTE is completely silent on this crucial question.
Ø The RTE is nothing but a blatant attempt of the UPA government to shirk its responsibility to provide universal, affordable and quality education. Instead of handing over education to private schools, shouldn’t the state be working to set up better government schools? We all know how the rising fees of private schools is putting a strain even on middle class budgets. The recent agitations in Delhi against the obscene fees charged by private schools is proof enough.
Ø This is not the first time that the "free" schooling has been promised - residents of Delhi are well aware that private schools in the city were provided land practically free of cost by the government, in return for which supposed to give "free" education to poor children. Exactly how many poor children are able to access these elite facilities is there for anyone to see.
Ø What is also worth noting is the near-consensus in the parliament to support the farce that the UPA is peddling in the name of “Right to Education”.

In both the Rajya Sabha and the Lok Sabha, the RTE was passed unanimously with no opposition whatsoever. The RTE in its present form has several fundamental, structural problems and ambiguities that shelve it of any potential to really provide fundamental right to education as mandated by our constitution and the landmark 1993 Unnikrishnan judgment of the Supreme Court. What is shocking is that the UPA as well as the NDA government before it are trying their level best to undermine and restrict the scope of the landmark Unnikrishnan judgment of the Supreme Court and the fundamental right of education underlined in the constitution under the garb of this "Right to Education Bill".

The farcical Right to Education Bill however is just part of the larger package of commercialisation and privatization that the UPA government has in store. 100-day agenda announced by the Ministry of Human Resources Development (MHRD). Kapil Sibal has promised ‘radical’ reforms in the country’s education system. As you are well aware, the ‘reforms’ in education which the MHRD is advocating are nothing new. They are but a ruse for the government to escape its responsibility towards education and deliver it entirely into private hands. More than a decade of anti-privatization struggles by students have forced Governments to change their vocabulary; to ‘dress up’ their privatization-commercialization agenda in a grand cloak of ‘reform’.

It is in the context of the UPA government's covert plans to sell out our education system to the private sector in bits and pieces that the All India Forum for Right to Education (AIFRTE) and AISA are organizing a Public Hearing on 7th August 2009 (Friday) at Jantar Mantar from 11 am onwards. This pubic hearing will be attended by a wide cross section of society - intellectuals, teachers, students, and residents of Delhi from different sections of society.

We request you to attend the programme.

Ravi Rai, National General Secretary, AISA
9868661628


--
Warm regards,
Subhash Chandra Vashishth
Advocate-Disability Rights
Mobile: +91 (11) 9811125521

DoPT fails to give IAS post to Hearing Impaired Aspirant despite clearing the exam thrice!

Dear Friends,

We saw a similar fight by few others including Shri Ravi Kumar, a candidate with Low vision who cleared Civil Services exams almost thrice and was denied by DoPT because no post was identified for disabled! Even after court's verdict, the PMO had to intervene and issue a consolation that posts have been identified for the disabled.

However, this case of Shri Maniram reveals the inherent apathy and lackadaisical attitude of the Govt. of India to include people with disability in the mainstream despite clearing their exams and competition at their own merit - forget about reservations and relaxation of standards!!

Such incidents only indicate that MSJE and GOI have failed the disabled segment, the PWD Act and the UNCRPD that India signed with so much fanfare! When this Government would stop looking at Disability from a medical angle of percentages ? If the person can prepare and clear the exams at his own merit at 100% disability then what is the fun of insisting a 70% disability to be eligible for which he has been made to undergo a cochlear implant? Now none of the Govt. Hospital has facility to measure the degree of disability!

It may be relevant to mention here that Shri Maniram is already working satisfatorily in Rajasthan Administrative Service having proved his mantle there but DOPT and Central Civil Services seem to purposefully perpetrate discriminatory exclusion agaisnt those with disabilities.

Is this because the central bureaucracy doesn't want the disabled segment in its fold? Is it because the DoPT doesn't know about abilities inherent in the human diversity such as those with hearing disability ? The issue is of attitude and approach which is negative and unwelcoming to those experiencing disabilities and should be condemned.

Such practices should be discouraged in the strongest words possible as these perpetrate the age old practice of looking at disability from medical model. Why can't the assistive aids and devices with modern technology be used to provide reasonable accommodation to Maniram to facilitate him a better and congenial working atmosphere?

I think the Govt. doesn't seem to have understood the concept of reasonable accommodation and their ignorance is proving to be so dear to thousands of aspirants. The inaction on the part of Govt. deserves shame and the sector should stand up united against such discrimination.

This is a fit case where he should be appointed immediately with all benefits like seniority of service, back pay and other benefits besides compensation for the mental agony and harassment suffered.

DoPT should be penalised for failing to facilitate his appointment since 2005 despite clear cut rulings of Courts, Directives from PMO and stated legal position! Has the gentleman filed any case in the court of law seeking immediate appointment and compensation?

Warm regards

S C Vashishth, Adv

Click here to read the article from source: Govt deaf to Maniram's cry for justice

Rema Nagarajan, TNN, 26 July 2009, 05:31 am IST

He's deaf and has cleared the civil services exam three times — in 2005, 2006 and 2009. And yet, he continues to be cheated of his dream job — joining the Indian Administrative Service (IAS). The first time, Maniram Sharma was turned away by the department of personnel and training (DoPT) because there was no policy of accommodating a deaf candidate. The second time he cleared the exam, the policy bottleneck was sorted out. But with a rider — only candidates with less than 70% hearing disability qualify for the IAS provided they cleared the exam. Maniram, being 100% deaf, was not eligible for the service. But he didn't give up.

To improve his hearing, Maniram had a surgical cochlear implant, costing Rs 7.5 lakh. He appeared for the IAS again this year and achieved the highest score in the hearing-impaired category. But his medical examination categorized him as 70% disabled — just a shade higher than the qualifying disability level. The finding itself was strange. Of the 791 candidates selected this year, Maniram's score in the interview was among the top 50 (220/300). And he scored these marks in an interview that required direct interaction — an improbable feat if he were 70% disabled.

Previously, when Maniram had cleared the written exam and reached the interview stage, an LCD projector was used to put questions on a screen. That was in 2005 and 2006 when he was 100% deaf. ENT doctors in Delhi's RML Hospital, where he had his cochlear implant, have certified he has a 100% permanent hearing impairment, discounting the implant done by its own doctors which has now helped him hear.

The ENT doctors' board of Sawai Mansingh Hospital in Rajasthan, his home state, constituted to assess Maniram's hearing, has said that audiometry and other specific tests are required to assess hearing in a patient with a cochlear implant. And these were not available in the institute.

Dr J M Hans, former head of RML's ENT department, who conducted the surgery on Maniram says that the only way to measure the hearing of a person with cochlear implant is with an instrument called electrical BERA or "brainstem evoked response audiometry", which is not available in any government hospital. "The government ought to allow the test, which is available in the private sector, to be used by candidates," he says.

Dr Han's observation raises another question - if this instrument is not available in government hospitals, including RML, how did the doctors measure Maniram's hearing loss as over 70%?

Maniram is from Badangarhi, a remote village in Alwar district, which doesn't even have a school. He started losing his hearing at the age of five, becoming totally deaf by nine. His parents, both illiterate farm labourers, could do little to help. Yet, Maniram continued trudging to the nearest school, 5 km away and cleared class 10 standing fifth in the state board examination and cleared class 12 ranking seventh in the state board.

In his second year in college, he cleared the Rajasthan Public Service Commission (RPSC) examination to become a clerk-cum-typist. He studied and worked during his final year and topped the university in Political Science. He went on to clear the NET (National Eligibility Test). He then gave up his RPSC job and became a lecturer. Not satisfied with that, he became a Junior Research Fellow and completed his Ph.D in Political Science during which time he taught M Phil and MA students in Rajasthan University.

Having completed his Ph.D, Maniram got through the Rajasthan Administrative Service (RAS) and while in service he started trying for the civil services. Will his efforts be in vain?

Recognise "sexual orientation" as a source of discrimination-asks NLS

The high court of Delhi may have decriminalised the sex between two consenting adults of same sexes and Supreme Court of the nation also may have indicated that it is in favour of the High Court's well reasoned order, the social taboos, moral brigade & attitudes in general continue to discriminate against those with different sexual orientations than the majority.

Same is the case with people with HIV status, those cured of leprosy. Social attitudes are often difficult to change. Continuous education and acceptance by the young brigade is the only solution. We see that people with different sexual orientation face discrimination at workplace too though their orientation may not be relevant to their work or productivity!

Therefore, now the National Law School has asked the Centre to recognise "sexual orientation" as a source of discrimination against which there should be statutory protection. Our constitution and central laws already provide that there could be no discrimination on the grounds of religion, sex, caste, language, disability, descent, place of birth, residence and race among others. The Persons with Disabilities Act already covers such a protection that there could be no discrimination on the grounds of disability in any matter - be it education, employement, housing or otherwise.

Besides Sexual orientation, the EOC is also looking at adding pregnancy, gender identity, occupation, skin colour, political opinion and age also the grounds of discrimination!

I hope such a move in form of an enactment will give strength to the equality among all citizens of this country including those with diversities, though a large section of our political class and soceity is still divided ! Can we let the life prevail?

regards

SC Vashishth

Here is the news from Time of India, To read from source- Click here

NEW DELHI: The move towards legitimising "gay rights" seems to be getting stronger by the day.

After the Delhi High Court order decriminalising homosexuality, the National Law School has asked the Centre to recognise "sexual orientation" as a source of discrimination against which there should be statutory protection.

The law school wants the Centre to put "sexual orientation" in the list of `grounds of discrimination' requiring safeguard in the Equal Opportunities Commission. S Japhet, director of Centre for the Study of Social Exclusion and Inclusive Policy in the Bangalore school, told TOI, "There have been studies to show that sexual orientation of gays leads to discrimination in employment."

The proposed EOC is an ambitious move to redress the discrimination against social groups in employment, education and housing. These three domains are most plagued by prejudices, be it based on religion, caste or race. It is to be seen if the Centre obliges the law school by moving on its request. An explicit step to bar discrimination on a person's "sexual orientation" will be a big step in legitimising gay rights. The EOC, in the nascent stage of evolution, is likely to be empowered to take a complaint from a group to question the private and public enterprises in question. It would mean that any move to keep gays out of a workplace or a housing colony or an educational institution would invite the intervention of the`discrimination watchdog'.

The N R Madhava Menon committee, which drew up the details of EOC, shortlisted grounds on which discrimination should be prohibited. It includes prejudices based on religion, sex, caste, language, disability, descent, place of birth, residence and race among others. While the committee has said that the list could be kept open to accommodate more grounds in future, the law school has asked minority affairs ministry to include "sexual orientation, pregnancy, gender identity, occupation, skin colour, political opinion and age" in the purview of EOC. Besides `sexual orientation', the law school has also asked the Centre to list a bar on certain "food preferences" as a form of discrimination. It said, "Discrimination based on food preference, when it has a disproportionate impact on a deprived group, should be expressly provided as an instance of indirect discrimination." Sources said the demand from the reknowned institution will test the Centre on branding these contentious issues as forms of discrimination given the divided political opinion. Its acceptance would be tantamount to forcing organisations against "gays" into accepting them.

Home delivery: Doctor at the door - a boon for Rural India

Dear Friends,

Health is a state subject and States are independent to frame policy and create systems to provide health care to their citizens. However, the concept of Mobile Hospitals/Mobile Clinics can be successfully used in remote areas where the people have difficulties reaching the district hospitals located far away due to mobility impairments, inaccessible road or terrain or lack of proper public transportation.

This article on health in "Inspired India" provides a very constructive solution to the alarming issues of health, child mortality and pregnancy deaths. The mobile medical units can be really good ways to connect the rural India with the Health Map. And the estimates show that this would be far cheaper than creating permanent PHCs Buildings and posting nurses and doctors permanently who often do not wish to join and explore every opportunity to move away rather than stay there to serve people.

Often lack of medical facilities are the main causes that keep people away from their routes, especially the retired people who want to go back to their native villages and live peacefully in the less polluted and close to nature rural environment. But they are compelled to live in cities in the hope of better medical facilities. These mobile clinics can make a large difference to the lives of such people thereby reducing burden on city hospitals and also the burden on the city infrastructure.

Its for the states to react now. Its irony that even after a so many years after independence and given the pace of development in India, many Indian villages do not have electricity and basic civic facilities and where 53 per cent of all births are unattended. Need is to act smart and fast.

regards
SC Vashishth
Click here to read from the source

Home delivery: Doctor at the door- Hindustan Times