Exclusionary practices continues to be forced upon those who acquired disability due to leprosy

Dear Friends,

I am startled with the news Separate residential unit to be set up for lepers, disabled, hope you too would share my concern.

The systemic apartheid meted out to the disabled especially those who acquired disability due to leprosy in the past continues even today. Its well known fact that with MDT (a new technique to treat leprosy), Leprosy is fully curable but many of our laws continue to stigmatize them and discriminate against without any medical or social basis!

Matrimonial laws still allow divorce on the ground of Leprosy. Leprosy cured are not allowed in the public places, temples etc.

They are not allowed to even contest elections or hold municipal posts in Orisa. The candidate Mr.Dhirendra Pandua had challenged the decision incurring disqualification to hold the post of Councilor and chairperson in Balasore municipality on the ground of him being a leprosy patient. The appeal went to Supreme Court who opined that a leprosy patient cannot contest a civic poll or hold the post of a Councilor or Chairperson of a municipality.

The apex court's verdict in September 2008 upheld the decisions of the Election Tribunal and the Orissa High Court that had upheld the provisions of the Orissa Municipal Act, which disqualify a leprosy patient from holding such posts.

Holding that these provisions are not discriminatory and violative of Article 14 of the Constitution, a Bench comprising Justices C K Thakker and D K Jain said "We do not find any infirmity or illegality in the judgement warranting interference."

The Supreme Court, though agreed that now with aggressive medication a patient may fully be cured of the disease, yet they did not want to take role of legislature and pass any order indicating existence of discrimination. They could have held the law to be against Article 14 but choose to be silent. The wisdom of Judges thought it prudent to leave it to legislature to amend the laws in light of new technology and development in science. Sad part is that Orissa legislature has not risen up to the occassion and the discriminatory law continues!

I can congratulate Maharashtra legislature who have become the first state to repeal the Leper Act of 1898 and currently all Leprosy Affected Persons can participate in election process on an equal basis with others.

However, the news of planning an exclusionary village for the leprosy cured with some visually and physically disabled persons in Maharashtra is something astonishing.

Despite advancement in the medical science and complete control over Leprosy which was considered as "Maharog" once upon a time, there has been no efforts to raise awareness in the society in general and change the laws that openly discriminate against the leprosy cured.

The Govt. of India has put programmes in place for containing the spread of leprosy and results are showing with the increased awareness, however, the recent statement of the Union Health Minister Mr. Gulam Nabi Azad doesn't inspire confidence in citizens for it indicates Govt's failure to reach out to the patients with infected form of leprosy. The data indicates reducing figures but we are yet to reach zero tolerance stage.

But this from no angle justifies continuance of discriminatory laws which are reflections of the mindsets of the society surely repugnant to human rights philosophy and equality that Indian constitution grants to each citizen of India.

Even disability was considered as a bane, a result of karmas and thus the disabled were often shunned out of society with no rights and they were often left to survive on alms. Much water has passed since then. Social model of disability seems to be replacing the Medical model and we are moving towards a rights based model of society.

However, the leprosy cured disabled continues to be discriminated even today. Even within the disability sector, they have been marginalised due to lack of awareness. I was stuck with a question posed by one gentleman with disability!, "why lepers in disabled category?" Ignorance! I said to myself and then went over explaining him, prevails! But should we allow this to continue?

We need larger sensitization and support of medical community to spread the word to shackle the age-old beliefs about leprosy.

I feel leprosy cured have failed to reap the benefits of the Persons with Disabilities Act till date, despite bring included in the definition of Disability well in 1995 itself.

This needs to change and the disability sector needs to intervene to discourage this discrimination. Can we start from ourselves?


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Warm regards,

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

3 Year Health Professional course to ensure Rural Health

Dear Friends,

The Country may have reached the 21st century with all advancements in science and technology but when it comes to rural India which still comprises 70% of India, people are dying because of common ailments which is left untreated due to lack of trained medical professionals or ends up being treated by a quack who have mushroomed in the absence of a trained medical & para-medical profesionals.

We were hearing an appeal from the PM and the President calling upon the doctors to compulsorily serve in rural India at least for 2 years in the begining of their practice. But in India such appeals do not seem to work with every one looking to generate mullas as early as possible. Many want to fly off to other developed countries and those who remain move to big cities/towns to develop their business.

The Govt. machinery is woefully pathetic when it comes to PHCs etc. Doctors posted there do not report there. The PIL filed by Advocate Prashant Bhushan has some answers for such a situation. He suggest reducing the duration of MBBS course from 5 years to 3 years or atleast create another course which makes a trained doctor eligible to practice in rural areas. His reason is simple. You don't need to be armed with high professional qualification to give basic health services in rural areas. China practices such a system to ensure right to health in far flung areas.

It can surely be done in India. If accepted by Min. of Health, the problem of quacks can be tackled for sure while the health will reach the door of the rural masses. This solution has caught the eye of the Delhi High Court Judges who have issued notices on the petition to the Govt. of India (Min. of Health) to file a reply and study feasibility of the same.

Looking forward to the response of the Govt and how this PIL culminates in to some pathbreaking initiative through court intervention!
regards

Subhash Chandra Vashishth, Advocate


For detailed news from source click here:


Delhi HC suggests a 3-year MBBS course
It asked the government to consider changing the MBBS curriculum so that basic health facilities can be reached to the rural population

Published on 11/19/2009 3:39:28 PM


New Delhi: Taking serious note of the fact that basic health facilities were not reaching the poor in rural areas, the Delhi High Court has asked the Health Ministry to consider whether the present course can be reduced from five years to three years.

A division bench comprising of Chief Justice Ajit Prakash Shah and Justice S Muralidhar asked the Health Ministry and the Medical Council of India (MCI) to consider changing the MBBS curriculum so that basic health facilities can be reached to the rural population.

"This is a very important issue. Almost 80 per cent of the rural population is devoid of the basic public health and this fact should be considered seriously," the court said while asking the Ministry to file its response by December 9, the next date of hearing, reports IANS.

Asking the government to amend the present educational standards the court said, "You have to change the over-five years' MBBS course so that doctors who get trained don't fly to other countries or stick to the metro cities in the wake of good earning. Educational system should be changed to three years so that every doctor can cater to rural population."

The court was hearing a public interest petition filed by a public health specialist, Meenakshi Gautham, who contended that a person who completes his MBBS can practice modern medicine as soon as the course is completed.

These graduates, the petition said, either rush to big cities or go abroad, and therefore a large majority of people are not able to get proper medical treatment, and are forced to depend either on untrained and uncertified rural medical practitioners, or on quacks.

"The irony is that 80 per cent of the common medical problems and ailments can be treated at the level of primary health care and do not require attention of a professional trained in highly academic, sophisticated, five-and a half-year long course like MBBS," advocate Prashant Bhushan said, and suggested the Ministry should follow the educational model adopted by China.

Want to become Judge? An ideal opportunity for VH law graduates in Delhi

Dear friends,

The Delhi High Court will hold Delhi Judicial Service Examination to fill at least 60 posts of Lower Judiciary in Delhi soon. I have been constantly calling upon the Visually Impaired Candidates to come forward in large number and appear for this august examination to make at least some beginning. Why I say so is because, there are five posts reserved for the Candidates with Low Vision/Blind and out of these only one has been advertised for first time, the remaining four vacancies are carried forward vacancies. You will be amazed to know that one carried forward vacancy has been advertised for fifth time, 01 for third time and 02 for second time!!

This indicates that either the information is not reaching out to the blind candidates or they are not keen on it or they are not geared up/prepared for it or there are no eligible VH candidates available!! I am sure the latter one is not true for the data of students passing out from Law Colleges indicates a good number of VH students passing out successfully. Then where they are going? I am writing it here so that I am able to circulate this information to the largest network possible and assist them in preparation for the same.

I have been told by many prospective candidates that they need some training and coaching for this which is not available in their near vicinity. The Govt. or the Delhi High Court has not made any such arrangement so far to make some special efforts to fill these vacancies by way of counselling, coaching and training. A few professional institutes that exists are not geared up to handle the needs of the VH. Non-availability of study material in alternate formats and modern technology/gadgets are other stumbling blocks.

I had written an article some time back on what all it takes for a blind to become a Judge or hold a position in Judiciary here on this blog and I received many positive comments that it was not only able to sensitize many outsiders but also insiders of the Disability Sector and particular the Visually Impaired brethren. And they promised that they would surely be looking forward to the next advertisement for the recruitment.

How to apply for Delhi Judicial Service Examination 2010?

(a) Qualifications and Age: , Indian Citizen, Law Graduate from recognised university, practicing as an advocate or qualified for enrolment as an Advocate under Advocates Act, Not more than 30 years of age as on 01 January 2011. (Age relaxation applicable for SC/ST/Ex-servicemen/ Disabled as per rules) (Though advertisement doesn't say about age relaxation to disabled but it can be presumed in light of DOPT memorandum dated 29.12.2005 regarding the same (Click for Hindi version of memo)

(b) Now if you qualify in the above criteria, go and fetch the Application Form and DJS Registration form both by paying Rs. 100 (for Disabled, SC/ST) and Rs. 600/ (for General Candidates) on any working day between 03.11.2009 - 30.11.2009 (10.30 AM to 01.00 PM and 02 PM to 4 PM) from Filing Counter of Delhi High Court. Those who can't go, can ask for it by post also (refer to detailed advertisement)

(c) Important Dates : Submit the filled application in person (By hand) at Filing Counter till 4 PM on 01.12.2009 or by Registered Post Ack Due so as to reach not later than 4 PM on 01.12.2009.

For further details refer to detailed advertisement

Hoping to see many Blind/ Low Vision candidates competing and getting appointed this time!

regards

Subhash Chandra Vashishth

Advocate, Disability Rights

09811125521

Another case of Misuse of benefits meant for Disabled

Dear friends,

Equalising opportunities provided by way of positive discrimination by the Govt. to its employees with disabilities can often be misused, by vested interests. Therefore proper mapping of people with disabilities is all the more important. This is height of carelessness of the BSA that 24 transfers were made on the basis of fake certificates without even verifying as to how suddenly so many teachers became disabled! It wouldn't have come to the notice had suddenly so many applications were made on the common ground of disability to stop their transfers.

Even for the employees with disabilities, the rules are very clear that they can be transferred close to their native places among various institutions. No one can claim to continue at single school through out.

We learnt about similar case in Bihar last year or so. This indicates for some tough mechanism of verifications and harsher punishments in case of misuse by the State. All these teachers should not only be prosecuted under the provisions of Indian Penal Code but also under the provisions of Persons with Disabilities Act-1995 and be suspended with immediate effect. The vigilance department should reach the root of this malaise as to who coordinated such mass practice. There must be someone within the department advising teachers to adopt this measure!

To sum up, need to have a database of PWDs district wise on the line of Himachal Pradesh and Chandigarh is all the more important. Also organisations working for transparency, disability should use RTI and ensure social audit that such misuse is checked in the bud. A strict action in this case can send alarming signals to future criminals!

regards

SC Vashishth, Advocate-Disability Rights

09811125521

To read from Source Click here: Indian Express

‘Disability’ enables teachers to tweak transfers in Pratapgarh

08 October 2009

Physical disability, often regarded as a curse, is coming handy for hundreds of government teachers in Pratapgarh, who are using it as a pretext to seek transfers.

Of the 469 assistant teachers who received promotion this July, 130 have sought transfers, producing fake certificates of disabilities. Or like Girish Chandra, a teacher at Antpur primary school at Mandhata, they produce fake disability certificates to cancel transfers.

Chandra submitted his application to the office of Basic Shiksha Adhikari (BSA). Chandra is not handicapped, said the BSA office, which had ordered an inquiry after some teachers made a written representation to check the malpractice.

Another teacher, Indrasen Singh, got posting at his village Pure Chauhan from Rainia on this ground. He has even joined duty. Yet another teacher, Rama Shukla, sought transfer with a fake certificate. “The teachers had not produced any such certificate at the time of getting the government job,” said a teacher.

“They did not fill up the column of physical handicap. Suddenly, in contrast to the known 25 disabled teachers, 130 applications have been submitted in the office of the BSA seeking transfers.” These teachers have produced fake certificates because they want to stay near their villages, he added.

The BSA office woke up to the practice after approving 24 such transfers and the Basic Shikhsa Adhikary was charged with accepting bribes.

Denying the allegations, BSA Ashok Nath Tiwari said: “I have sent all such certificates to the Chief Medical Officer for verification. Now transfers will be done only after getting the verification. I will cancel the transfer done so far by me.” He added that legal action will be taken against teachers found guilty.

The CMO, Pratapgarh, Dr Madan Mohan, said he has not received any letter from the BSA, but if the BSA requested him, his office will do the verification. “A racket is being run at the office of BSA and CMO,” said Prabhakar Dwivedi, a teacher. “The CMO office issues fake certificates and the BSA office effects the transfers without verification. We will approach the district magistrate for an impartial inquiry,” he added.

On July 30, the government had promoted 496 assistant teachers in Pratapgarh district. As per government policy, transfer is mandatory with promotion. But despite accepting promotions, some teachers teaching at primary schools in their villages, were reluctant to join their new postings. A few wanted to get postings as per their wishes. But when the district administration mounted pressure on them to join their new postings, they submitted fake disability certificates and sought transfers.

The Right to Education Act 2009 set to be amended

Dear Friends,

There have been several voices against the RTE Bill which fail to die down- thanks to the ever vibrant disability sector. On 19th of September 2009, another Disability Rights Activists from across 15 Indian States assembled under the banner of Viklang Manch facilitated by Human Rights Law Network at Jantar Mantar, New Delhi. Before that the Manch had convened a two Day workshop on the issue which were inaugurated by none less than Chairperson- National Trust, Chairman-Rehabilitation Council of India and the Deputy Chief Commissioner -Disabilities besides Mr. Collin Gonsalves, Advocate.

The activists were angry and the unrest has grown over a period of time because of failure of the bureaucracy in treating the disabled with dignity and respect besides Govt. of India's failure to implement a major enabling legislation called the Persons with Disabilities Act.

The activists handed over memorandum to the PMO. To visit various pictures of the agitation at Jantar Mantar click here.

The agitation was a final nail in the series of agitations earlier organised by AARTH-ASTHA , AADI, NCPEDP and other organisations in the sector. The very next day on 21st September, 2009 Mr. Sibal indicated that Govt. was seriously considering amending the RTE Act to include the concerns of the disability sector.

Now when the Govt. is seriously considering amendments in RTE Act, the Sector should reach out with one voice through a larger consultation so that no one is left out. The pursuit should be to address not only the Act but also suggest what ought to be there in the sub-rules of the Act so that the provisions that are included are implementable.

Here is a recent news which to me is no where indicative of its subject, though it spells out again the seriousness that the Ministry of Education is showing now.

regards

SC Vashishth

09811125521

Disabled children not to be in 'disadvantaged' class

5 Oct 2009, 0411 hrs IST, Urmi A Goswami, ET Bureau

Click here to read from Source

NEW DELHI: The Manmohan Singh government plans to amend the Right of Children to Free and Compulsory Education Act, 2009 to broaden the ambit of “disadvantaged” children to include children with disabilities. It would like to introduce the amendments in the winter session of Parliament.

The ministry of human resource development (HRD) will be seeking Cabinet approval shortly for the changes. This move would allow differently-abled children from economically weaker and disadvantaged sections to take advantage of the 25% seats set aside in private unaided school under Clause 12 of the Act. This had been a key demand of disability activists when they met HRD minister Kapil Sibal. The ministry also plans to introduce changes in Clause 3 of the Act to extend the right to free and compulsory education to children suffering from disabilities as defined in the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

This Act deals with severe mental retardation and goes beyond the scope of the Disabilities Act. At present, the Right of Children to Free and Compulsory Education Act is applicable to differently-abled children covered by the Disabilities Act.

This move by the ministry of human resource development is in response to the protests by disability activists in August, just ahead of the legislation being taken up for discussion in the Lok Sabha. At the time, the ministry had suggested that it could amend the Act after due consultation with those who work and research on issues relating to the education of children suffering from severe mental disabilities.

The ministry had also considered a higher outlay for home-based education, which many children with severe disabilities require. This effort to draw in larger number of children with disability also comes on the back of data gathered by a survey conducted by the IMRB.

The survey found that 34.12% of children with disability were out of school. The national average for children in the age group of 6 to 13 years is 4.22%. This figure is lower than the situation in 2005 when IMRB found the percentage of children out of school at 38.13. The highest concentration of out of school children is among those with visual disabilities (46%) and multiple disabilities (58.57%).