Disabled and Driving - Can both exist together or at the cost of each other?

Dear Friends,

I have been perturbed at the increasing evidences coming to light where people with disabilities are discriminated and not treated fairly on equal basis with others when it comes to licenses to using roads, pedestrian infrastructure, drive and registration of adapted vehicles. The moment the subject is touched, it is looked at as if the disabled is a security threat to others and can't just drive! The RTOs often behave in most irrational ways.

I wonder at times, whether disabled and driving a vehicle has any co-relation! Can both co-exist peacefully or at the cost of each other? From a disabled person's point of view and also from a human rights angle, they can co-exist as the ability to safely drive can not be judged at the fancies of few others who merely presume and are not aware of the abilities hidden!

In my opinion, it is not only the attitude of society that disables and reduces an equal participation of a person with disability but also our laws have loopholes and limitations which perpetrate this discrimination. For example central Motor Vehicles Act 1988 which seems to be a newer law compared to many other laws in India, but has made life difficult for those persons with disabilities who can & want to drive their vehicles/adapted vehicles. This law also makes no provisions to support disability access related requirements at street crossings and intersections so that every person with disability, children, elderly, sick people, women, those carrying luggage could use the roads with safety and ease.

(a) Provisions of Access at pedestrian pavements, crossings and Traffic Signals

The Motor Vehicles Act seeks to consolidate and amend the law relating to motor vehicles in India. Section 116 of the Motor Vehicles Act provides for power to the State government to erect traffic signs in any public place for regulating speed limits, prohibitions or restrictions and for the purpose of regulating motor vehicle traffic. However, it makes no provisions for auditory signals or tactile marking at Zebra Crossings.

In order to enable blind or deaf persons to be warned about oncoming vehicles at zebra-crossings while crossing road, it is necessary that while fixing traffic signs at public places as also at zebra crossings, the Government/Public authorities also provide auditory signals and markings at zebra crossings for the benefit of persons with disabilities. Secondly, the pedestrian pavements along side the road are often absent and sometimes if present are not leveled for easy access to wheel chair users.

These lacunae in the Motor Vehicles Act can be easily plugged by adding following Proviso to Sub-section (1) (a) of section 116 of this Act.

“Provided that the State government or any local authority authorized in this behalf shall erect traffic signs, install auditory signals at red lights in the public roads, curb cuts and slopes in pavements so as to provide inclusive, un-interrupted continuous pedestrian and road infrastructure , for effective participation of persons with disabilities on an equal basis with others.”

(b) Can the Deaf legally drive in India? : Provisions Related to driving licenses to persons with hearing impairment.

The Indian Motor Vehicle Act didn’t permit the persons with hearing impairment to be issued with driving license hence despite being capable to drive personal vehicles; they remained legally ineligible to drive in India for a long time until the Delhi High Court in its judgement in Feb 2011 turned it in favor of deaf people. [blog updated on 27 June 2017]. World over, in many countries the hearing impaired people are permitted to drive and hold licenses, however this discrimination had somehow continued for  a long time in India in absence of any concerted effort from the deaf users or from the state. This is just a beginning and much needs to be done to take this awareness to the RTOs in whole of India so that there are no problems on the ground in implementing it.

(c) Driving licenses to persons with orthopedic disabilities.

The guidelines related to issuance of driving license to persons with orthopedic disabilities are also discriminatory and needs amendments to make them rights based. In my opinion the word “Invalid Carriage” is derogatory and improper and should be changed to “Motor Cycle with/without Gear (Adapted/Altered Vehicle driven by a person with disability)”. The driving license given to Persons with Orthopedic disabilities should be universal like it is for every one else rather than limited & specific to a vehicle number.

(d) Registration of adapted motor vehicles driven by persons with orthopedic disabilities.

An adapted /altered Scooters or an adapted Car with suitable modification like hand brakes and gears provides an easy mobility to a user with orthopedic disabilities.

People with orthopedic disabilities (especially those with Post Polio Residual Paralysis and those with spinal injuries) often prefer a scooter with side-wheels which is an economic mode of transport. Since almost no major company produces such scooters (called an invalid carriage!!!) in India, people with disabilities have to get the fabrication done through local mechanics and fabricators etc. However registering such vehicles and driving license to drive such (invalid carriage) is an uphill task as the rules and law do not specifically provide for this and leaves room for subjectivity and corrupt practices and it leads to exploitation of a user with disabilities at the hands of middlemen and RTOs.

Such an adapted vehicle is registered as ‘Invalid Carriage’ at the whims and fancies of the RTO. To harass the disabled applicants, the RTO often ask the user to produce a sale letter (form 21) of the Invalid Carriage. Now, since no automobile manufacturer in India supply company-fitted scooter with side wheels or produces an invalid carriage, such a sale letter can not be produced. Here starts the harassment to the user and malpractices in absence of laws due to subjectivity available with the RTOs.

Even when the carriage is registered, the user is given a driving license denoting the vehicle number on the license meaning that the user can not drive any other similar vehicle in case the vehicle goes out of order. This necessitates seeking a new driving license each time with a new vehicle (even if the vehicle is similar),

As per the Rule 126 made under Section 52 of the Motor Vehicles Act, 1988 (as amended in 2002) the prototypes of all vehicles including the one for the disabled should be approved by the Pune-based Automobile Research Association of India, otherwise no modifications on any vehicle can be permitted and one has to use a vehicle in the same shape and design as supplied by the manufacturing company. This puts an undue restriction on the persons with disabilities and takes away from them their right to free mobility.

Similar is the case for adapted Cars. Previously, Maruti Udyog Ltd. used to manufacture special type vehicles for handicapped persons with suitable modifications/ attachments. As the requirement of different persons with different disability varies, the modifications/attachments also have to be different. Since the prototype of each model has to undergo the test, under Rule 126 of CMV Rules, the manufacturer has stopped production of such vehicles. Hence it is desirable to allow modifications/alterations of vehicles enabling the handicapped to drive their own vehicles.

Mr. Jagdish Motwani’s Case

I have two specific instances of past. One Mr. Jagdish Motwani from Mumbai faced similar situations and wrote to the Pune-based Automobile Research Association of India, and received the following clarification in Nov 2006:

1. Currently there is no specified / notified procedure for the testing and certification of such systems in our country as a retro-fitment on existing vehicles.

2. The vehicles fitted with such systems have to be verified and certified by the Regional Transport Authorities as an “Invalid carriage”.

3. The suitability of the modified vehicle for the person with a particular disability for purposes of safe driving has to be examined by a medical practitioner and certified so, with respect to the nature and type of disability.

4. The Regional authorities would verify the report of the medical practitioner and also ensure that the physically challenged person is able to drive the vehicle safely.

Ms. Sudha Girish Tendulkar’s Case

Recently another case of Ms. Sudha Girish Tendulkar has come to light. She had been using an Activa adapted scooter for past 15 years and wanted to move on to an adapted car. She even bought the car with her hard earned money and a raised loan and got it adapted/modified to her needs in terms of law with due permission from the RTO. However, the RTO has been refusing to register the vehicle and not issuing her a licence to drive. In fact the wise(?) RTO want to see the driving licence before registering the vehicle in her name and Ms. Sudha’s case is that unless the vehicle is registered and a learner’s licence is issued to her how can she learn driving the car?

Here the detailed news report on her plight:

To read from source: RTO sends woman with polio on wild goose chase:

Mumbai: For 38 years, Kandivli resident Sudha Girish Tendulkar did not let her polio come in the way of life. She’s not about to give up the fight now, either.

Tendulkar needs crutches to walk, but she learnt to ride a scooter when she was 23. The HR executive, who works for Goregaon-based Excel Cropcare Ltd, has been travelling to work on her Activa for 15 years, but now wants to learn to drive a four-wheeler. She applied for a vehicle loan, purchased an Alto and even got it modified to make it disabled-friendly with the sanction of the Regional Transport Office (RTO).

But while Tendulkar and the car have been road-ready for six months, the physically challenged woman is still waiting for the car to be registered. Despite repeated requests and several visits to the RTO, her papers are yet to be processed, she claims.

What’s more, Tendulkar alleges that the Andheri RTO officials have now asked her to appear for a driving test before they sign the papers.

“How can I appear for a driving test when I don’t even know how to drive the car? They need to register it first, and then grant me a learner’s licence. Only then can I learn driving, and thereafter appear for the test,” she said.

For 15 years, Tendulkar travelled 12km to her workplace on the Activa, which had a side-car to provide balance. “Since it can be controlled with hands, I could ride it with ease,” Tendulkar said. But she met with an accident and dislocated her right shoulder two years ago. After she recovered, her doctor advised her to use a four-wheeler as it would be safer.

Accordingly, Tendulkar applied for a vehicle loan and bought an Alto on August 10, 2009 for Rs2,85,000. “I also spent an additional Rs34,000 to modify it. The brakes, accelerator as well as the clutch can be controlled with hands, as opposed to a normal car,” she said. “All this was done with the RTO’s permission. The officials even checked the car after the modification and submitted a report on October 14, 2009. But I am yet to get the registration done.”

“Tendulkar has been working here for 17 years and has never given us any reason to complain,” said NK Amin, vice president, HR, Excel Cropcare Ltd.

Amin said “we are a disabled-friendly company”, which employs two other physically-challenged persons in the Mumbai office.

Transport commissioner Deepak Kapoor said that he was aware of the matter and would see to it that action was taken by Monday.

“Since she is physically challenged, she wanted certain special permissions for the license and registration, which can be granted only by the government of India. We wrote to the government two months ago, and as a special case, I directed the Andheri RTO officials to assist her immediately,” said Kapoor.

However, the government raised some technical queries such as the nature of disability, her ability to drive, how the car will be driven, how the car has been modified, etc. This happened soon after the Nagpur assembly session started, said Kapoor, admitting that there had been a delay in preparing the answers.

“Nevertheless, last Saturday, I assured the lady that her case would be dealt with on a priority basis, and by Monday, all required documents will be checked and sent to the government,” said Kapoor.

Conclusions

Such lacunae can be removed by supplementing Section 52 of MV Act as below:

Present provision: “no owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer”.

Suggested Addition: “Provided that persons with disabilities shall be allowed to alter their vehicles so as to drive themselves at authorized workshops/centres and such vehicles shall be registered by the RTO after inspection and on the basis of fitness certificate issued by such authorized workshop/centre/ manufacturer.”

Few other points should be observed in order to end the discrimination against disabled on the above issues:

a) Register the vehicle made by companies as Motor Cycle with or Without Gear and not as an Invalid Carriage.

b) Empower the concerned RTOs/authorized workshops/centres to test and approve a modified scooter owned and used solely by a physically challenged person and amend the rule 126 of Central Motor Vehicle Rules 1989 accordingly.

c) Further exempt all the private vehicles driven by persons with disability from the Road Tax. Though this provision exists, but is not commonly known among the users with disabilities.

d) Registration and issuing driving licences should be within a time bound manner and any delay on the part of RTO to be viewed seriously and strictly dealt with. Lapses would amount to deficiency in service and hence user be entitled to compensation.

 
warm regards
 
Subhash Chandra Vashishth
Advocate-Disability Rights
subhashvashishth@gmail.com
+91-11-9811125521

Aur Raju ban gaya plantation role model! | iGovernment.in

Congratulations to a forward looking SM Raju, Bihar is in safe hands with such officers and a CM like Nitishji.

Aur Raju ban gaya plantation role model! iGovernment.in

regards
SC Vashishth
Consultant-Development Projects

Right to Education Act and Children with Disabilities

Dear Friends,

Now the Ministry of HRD, Govt. of India has indicated that what best they can do to include Children with Disabilities in the RTE Act  2009 is by including them under the Definition of "Disadvantaged Children". And that is their bit.

Any thing further is not their cup of tea and Ministry of Social Justice should do something to amend the Persons with disabilities Act. There can not be any thing worse than this. The fact is that the children with disabilities are no one's babies when it comes to inclusion and equal rights.

Isn't it simple that Ministry of HRD being the nodal ministry for Education  should also deal with education of children with disability? I fail to understand as to how education of children with disabilities becomes a welfare issue? This needs to stop right now and the RTE bill needs to be amended conclusively to provide for all support, special educators, therapists,  reasonable accommodation and inclusive schools based on universal design. Nothing less than that is going to be acceptable to us!

There is good news that Delhi Government is changing the Recruitment Rules of the Teachers to include Recruitment Rules for Special Educators and related matters after the recent Delhi High Court judgement in Social Jurists PIL. However, the situation in other states is pathetic and grave.

The Education for All "सर्व शिक्षा अभियान" has actually failed to cater to the needs of children with disabilities in an inclusive set up. It is impossible to include children in the mainstream without proper preparation of teachers, infrastructure and support systems. Also only appointment of two Special Educators per school in the National Capital Territory Region will not serve the larger needs and the states have to take proactive measures to address the issue. Till today, there is no talk of developmental therapists, speech therapists, mobility trainers and other rehabilitation professional being included as a part of mainstream schools which are otherwise a necessary part of Special schools run by NGOs.

The First Country Report on action taken by Indian Government on UNCRPD is due in May 2010. The Union Government has sought reports from States as what actions they have taken in these areas and I received a frantic call from one leading State NGO from one of the states asking that the State Welfare department is asking about UNCRPD and what is that Government is required to do in light of this. I was taken aback but this is sadly the truth! Many departments in state governments are not even aware or have taken no pains to even open the convention document that Union Government might have sent to them.

In such situation, there is an urgent and calling need for the NGOs and the DPOs to act as monitors and get the systems working. On its own, nothing would happen and we need to show the road to the implementing agencies and the Governments. Its our cause and we can't wait for it to happen on its own, at the whims and fancies of State. The Persons with Disabilities Act is a live testimony to this which has not been fully implemented even after nearly one and a half decade of its being passed by the Parliament of India.

I see a new role for the NGOs - that of  "Facilitators of Change" and "Advocacy Organisations" and "Resource Centres" to guide the Government rather than merely restricting themselves to the role of a Service Provider.

Its when you get engaged in Providing Service, you have no time or energy left to act as Resource Centre or advocacy organisation and also you keep chasing the grant applications to the Government to run the schools and other services. And that is what precisely the Government want you to remain engaged in!

We have to understand that education of children with disability is a fundamental right of the children which the Government is bound to provide for in terms of  systems, infrastructure and finance. Thus there is no point in NGOs seeking grants which are often very subjective and do not cover even the 50% of the expenses if rightfully done. I had taken up few cases for NGOs where the workers of the NGOs went against their employers in the Labour Courts seeking minimum wages and what I learnt from NGOs was that the grant that comes for a helper is merely 2000 Rupees which is far less than the minimum wage of an unskilled worker in Delhi. The matters are pending in High Court where Grant making Ministries have been impleaded as necessary parties for proper adjudication of the case! And I am well aware what is going to be the outcome of such petition!

Therefore it is the right time for NGOs to redcue their role as Service Provider and gradually move towards their new and calling role as Resource Centres, Research bodies and be a part of Advocacy and Monitoring mechanism to ensure that the rights of persons with disability to live with dignity in society on an equal basis with others are realised to its full and rights enshrined in the UN Convention on the Rights of Persons with Disabilities are progressively realised.

Another worrying issue that we should be concerned with too is the second amendment which HRD ministry is contemplating to bring in RTE Act to satisfy the powerful lobby of minority institutions who do not want to be governed by State Laws at the same time want to continue receiving grants/aids from the Government. These schools if exempted from constituting School Management Committees (which is a powerful tool to increase citizen's participation in the school management and check misuse of public funds) they could do what they like without any external check including refusal to take in children with disabilities. The move should be resisted by one and all to ensure participation of civil society and stakeholders in the process of education and maintain transparency in the delivery of quality education to all including children with disabilities.

regards

Subhash Chandra Vashishth, Advocate-Disability Rigths, subhashvashishth@gmail.com, 9811125521

To read the press coverage on RTE click here

RTE Act to cover kids with disabilities

NEW DELHI: Children with physical, learning and speech disabilities would now be put under the disadvantaged category in the Right to Education Act.

The Cabinet will soon take up HRD ministry's cabinet note seeking amendment in the RTE Act. Another amendment seeks to exempt schools run by minority organisations from setting up School Management Committees.

However, the amendment bill will be introduced only in the budget session of Parliament.

In the last session of Parliament, when the RTE Bill was passed, disabled rights groups had protested against non-inclusion of disabled children in the disadvantaged category. Disability will be further explained to include disabilities mentioned in the People with Disabilities Act and National Trust Act. But since PWD Act does not include cerebral palsy, autism and multiple disability, RTE amendment bill will specifically mention disabilities like dyslexia, aphasia and learning and speech disabilities.

Sources, however, said amending RTE to include disabilities is not enough. "Social justice ministry should move a comprehensive amendment bill to amend PWD Act. HRD ministry has done its bit," a source said.

The second amendment states that schools run by minority bodies will be exempted from setting up School Management Committees. The proposed amendment, sources said, will exclude schools managed by minority organisations from constituting School Management Committees. Right now, only unaided schools not receiving any kind of aid or grant from the government or local authorities are excluded from setting up school management committees (SMCs).

The amendment comes in the wake of demand from many states and minority-run institutions that they be exempted from setting up SMCs because it contravenes Article 30 of the Constitution that gives minorities right to establish and administer educational institutions. The amendment will be carried out in sub-clauses of clause (n) of Section 2 of the Act as well as in section 21 of the Act. It will specifically mention that minority-run institutions need not have SMCs. In the RTE Act, SMCs have a big role to play in the running of schools. Half the members of the committee will be women.

e-Courts begin in Delhi High court | iGovernment.in

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.

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

To read from Source click here.

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.