Dear Friends,
So finally the Delhi High Court has implemented the much awaited E-Courts System which will pave ways for inclusion of persons with visual impairment as lawyers and judges. Justice Bhatt has taken a lead in presiding the first e-court of India. He is a very learned and sensitive judge and has been behind many pathbreaking, rational and logical judgements on disability.
regards
Subhash Chandra Vashishth, Advocate
09811125521, subhashvashishth@gmail.com
e-Courts begin in Delhi High court iGovernment.in
e-Courts begin in Delhi High court
It was started on an experimental basis in the court of Justice S Ravinder Bhatt
Published on 12/16/2009 - 09:53:32 AM
New Delhi: There were no bulky files on the table, only a sleek wide LCD screen and a touch-screen handbook for the judge as the Delhi High Court on Tuesday launched its first paperless court to bring about speedy justice.
In its first eco-friendly initiative, the e-court was started on an experimental basis in the court of Justice S Ravinder Bhatt.
The proceedings went off smoothly. Within two hours, around 18 cases were disposed off, which on a routine basis take a whole day.
The LCD panel was on the right side of the judge, while he used a touch-screen handbook. The lawyers had laptops to argue their cases. The records of the cases were digitised.
"The necessity of e-Courts has arisen due to the shortcomings of a paper-based system, like storage of documents, maintenance and wastage of a lot of paper," In-Charge of the e-Court committee Justice BD Ahmed said.
Emphasising the need for fast disposal of cases, he said e-Courts will function in a more organised manner and anyone across the world can access the case file.
The committee is also working to make the court proceedings be seen live on the website.
Initially the lawyers faced some hiccups in using the laptop and adjusting to the system. Most of them agreed that it was a good step.
With the help of e-Courts, warrants, court notices and other documents can be sent via e-mail to the party concerned or the post office concerned from where a service slip will be sent back confirming the receipt.
With the introduction of e-Courts, filing of cases will be much easier and lawyers will just have to submit a CD or DVD.
Wednesday, December 16, 2009
Friday, November 27, 2009
A step further to ensure that Blind Judges can function effectively in the Courts
Dear Friends,
Please refer to my earlier posts on how can a Blind person work as a Judge in which I had proposed that if the petitioner, Counters, Rejoinders, Evidence, Affidavits, judgements/orders and all other documents could be in e-format, the Blind Judges would be a great success. This provides an enabling environment. Though the reasoning being given may not be striving towards an accessible and enabling environment and may be to counter shortcomings of a paper-based system like storage, maintenance and wastage of a lot of paper, it works fine for us. A blessing in disguise. Sustainability requires inclusion of all as well as being eco-friendly.
With this news, I am delighted that what I proposed some time back is surely going to see the light of the day. The good part is that the judge would be able to look at the file and relevant rules/acts on a touch/screen just like a file in the hand. And this makes it so accessible to blind judges.
I am sincerely counting on atleast six-seven blind candidates who are appearing for the forthcoming Delhi Judical Service examination being conducted by Delhi High Court. The preparation are in full swing and I am keeping my fingers crossed.
To read the news from source click on the link below or read the news here itself below the link.
regards
SC Vashishth, Advocate-Disability Rights
Delhi High Court to start e-Courts in Dec
e-Courts will reduce paperwork and filing of cases will be much easier and lawyers will have just to submit a CD or DVD
Published on 11/27/2009 2:01:55 PM
New Delhi: The Delhi High Court plans to start e-Courts that will not only ensure speedy justice for all but reduce paperwork and be eco-friendly, by next month.
"The necessity of e-Courts has arisen due to shortcomings of a paper-based system like storage, maintenance and wastage of a lot of paper," Justice BD Ahmed said.
Justice Ahmad, who is the in-charge of the e-Court committee, said the e-Courts will start functioning from early next month, reports IANS.
Emphasising the need for fast disposal of cases, he said e-Courts will function in a more organised manner and anyone across the world can see the case file.
"We are also working on the project in which live court proceedings would also be seen on the website," Justice Ahmed said, adding that the project will be first started in one court and will soon be started in all other courts, including the five district courts in the capital.
For lawyers and litigants, the e-Courts will be a great help as it would enable them to stop carrying bulky files to the court and just a USB device or the CD of their case.
"Recording of evidence in any case will be done electronically. We are planning to have centres all across the capital from where the person can record his statement and the court can see it via video-conferencing. This will help us in saving a lot of time not only of litigants but also of the court," Justice S Muralidhar, another member of the e-Court committee said.
He noted the new system will also help to put a halt to frequent adjournments by the lawyers.
With the help of e-Courts, warrants, court notices and other documents can be sent via e-mail to the party or the post office concerned from where a service slip will be sent back confirming the receipt.
"We will also ensure that courts shall provide adequate facility to the lawyers while they argue their case using the laptops. Judges will also be given a touch screen handbook which will be like their computer screen and they can read it like a file," Justice Ahmed said.
With the introduction of e-Courts, filing of cases will be much easier and lawyers will have just to submit a CD or DVD.
"We are also planning to introduce a system where court fees can be paid online so that entire work is done at a click of mouse," Justice Ahmed said, noting introduction of e-Courts will enhance transparency, accountability and accessibility for a litigant.
Tuesday, November 24, 2009
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?
--
Warm regards,
Subhash Chandra Vashishth
Advocate-Disability Rights
Mobile: +91 (11) 9811125521
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?
--
Warm regards,
Subhash Chandra Vashishth
Advocate-Disability Rights
Mobile: +91 (11) 9811125521
Thursday, November 19, 2009
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.
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.
Thursday, October 29, 2009
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.
Hoping to see many Blind/ Low Vision candidates competing and getting appointed this time!
regards
Subhash Chandra Vashishth
Advocate, Disability Rights
09811125521