Child Care Leave for Mothers of children with disabilities made more friendly

Dear Friends,

Some good news for the Government Employee Mothers with disabled children. The child care leave rules have been relaxed. Earlier the leave rules permitted women employees to avail CCL of 730 days (2 years) in their entire service up to two children till their  children were 18 years which is now extended to 22 years of age for the mothers of children with disability.

For those of you wanting to preserve a copy of the DoPT Memo  No.13018/6/2009-Estt.(L) dated 03rd March 2010, click the link to download the same. Download earlier leave Rule dated 29 September 2008 here. 

However, I have a problem with the process of such revision in the Rules even if the revision is progressive. Often the rules are relaxed on adhoc basis on reciept of some representation without thinking in larger context. Such progressive decisions could benefit many more than just mothers of children with disability up to 22 years of age!

I raise this point because I find there are several others who deserve & would greately benefit from such a progressive provison. Our experience tells us that mothers continue to care for their disabled children even after 22 years of age, also often the need of care becomes crucial if there is a member with major support needs or with mental illness in the family. And its not mother alone, it could be father, brother, sister & spouse too!

Therefore, in such scenario, it would be prudent and more justified to extend this to all such stakeholders. Also the age bar of 22 years would become redundant for other disabilities where the member may be needing life long support. That is why it is always important and logical to involve stakeholders and organisations working on the subject or representing the interests of stakeholders to come to a reasonable and benefit-all amendment in the existing rules. Organisations of parents, families with disabled members or those specialising on the support networks might have additional views on this which could be heard by the Government.

We hope the DoPT or any other similarly placed organisation would  consider this while taking such progressive decisions.

regards
Subhash C. Vashishth

To read the news article from source click here: 
Leave Rules Relaxed for Mothers of Disabled Children

New Delhi: The government has relaxed the age restriction on childcare  leave (CCL) given to women employees with disabled children. In ordinary circumstances, women can avail the special two-year CCL till their children are 18. After the extension, mothers of disabled children can  avail the leave till their children are 22.

The department of personnel and training (DoPT) passed the order after getting requests from mothers that the age restriction be relaxed for disabled and mentally-challenged children. "We consulted the finance ministry and decided to permit CCL to women with disabled children till they are 22," a DoPT circular said.

Mothers of children with a minimum disability of 40% are entitled to this, but only if the child is dependent on her. Disabilities included mental retardation,locomotor/orthopaedic disability, visual disability, speech and hearing disability.

The government had announced the childcare leave in the Sixth Pay Commission. The leave is for the entire service period and can be taken whenever the employee thinks fit, especially when the child is sick or is appearing for an exam.

During the leave period, the employee is entitled to get salary equal to what she was getting before going on leave. Besides, the Centre gives extra benefits to disabled women. For two years, they are paid Rs1,000 over and above their gross salary as childcare allowance.

A focal point in the PMO can facilitate early implementation of UNCRPD

Dear friends,

The demand and mandate for creating focal points for monitoring of implementation of Disabilities Act & UN Convention on the Rights of Persons with disabilities in India is growing bigger & louder. The activists are demanding two or more focal points within in the Government and outside the Government.

One such focal point can be a National Advisor to the Prime Minister within the PMO. Article 33 of UNCRPD mandates that the  States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention (read UN CRPD).

The UNCRPD also mandates that the Civil society, in particular persons with disabilities and their representative organizations, should be involved and should participate fully in the monitoring process.

The existing Central Coordination Committee (CCC) (proposed to be renamed as Central Advisory Committee in the amendments suggested by MSJ&E in the PWD Act 1995) should remain the second focal point to facilitate implementation of the convention and disablity related laws, rules and regulation in the country.  However, this body needs to be strengthened and made accountable to people. This would be possible by prominent involvement of civil society and persons with disability in general on such bodies.

The statement of former CJ of Delhi High Court is very relevant and echoes the sentiments of the disability sector. The disability sector has been a witness to myriad of problems of in-coordination among various ministries on the issues related to disabilities which has resulted in growing discomfort in the citizens with disability in India.

regards

SC Vashishth, Advocate

To read the news from source, click on the news title here: 'We need a national advisor to PM on disability'

In order to ensure the rights of people with disabilities, there is a need for a national advisor on the subject to the prime minister, former chief justice of the Delhi High Court Ajit Prakash Shah said Thursday.

'There is a need for a national advisor on disability to the prime minister, as it will help in bridging the gap between policies and ground realities,' Shah said at the inauguration of a two-day meet on the disability sector in the capital.

'This step will also help India fully implement the Convention on the Rights of Persons with Disability (CRPD) of which it is a signatory,' he added.

The CRPD requires its signatories to promote, protect, and ensure the full enjoyment of human rights by people with disabilities and ensure that they enjoy full equality under the law.

According to government estimates, there are approximately 20-30 million disabled people in India. However, NGOs estimate the numbers are around 60-70 million.

In contrast to the population, NGOs like the National Centre for Promotion of Employment for Disabled People (NCPEDP) say that only a handful of them are educated and employed.

Census of India-2011 to determine the correct number of Citizen with Disabilities

Dear friends,

So far the citizens with disability in India have been getting a raw deal in terms of budgetary allocation in the annual budgets as well as the five year plans. Despite 3% reservation mandate in the Persons with Disabilities Act-1995, in all Government schemes, the confusion had prevailed whether it is only of a particular ministry or a scheme or the overall budget of each ministry.

While the disability groups have been claiming later and also Govt. of India agreeing to it to a greater extent this year which manifest in the almost double allocation for Disability in the Ministry of Social Justice & Empowerment. Govt of India - which is seen as pro-disability move of the Congress Government, however, this alone is not sufficient because of the simple reason that the head count undertaken in Census 2001 was highly unreliable according to the activists. And the budget allocation still continues on the old 2.13% figure!

Later years we have seen conflicting reports on the head count from NSSO, World Bank Report in 2007 and WHO estimates as well as the "70 Million" claim of disability rights activists. The disability numbers from various other developing and developed nations indicates that there was some systemic error in the head count done in Census 2001.

Whatever may be the reason, but the end sufferer has been the common citizen with disability. The country could not plan for this uncounted segment and they continue to live in penury without any state support for many for the welfare and empowerment schemes are based on the old & unreliable estimates. Often there are situations of conflict within the sector to lay claim on the little amount budgeted & available for their empowerment. Therefore, this time around the Disability Sector doesn't want to leave any room for such blunders that happened ten years ago.

They have taken up this task which is well timed. The idea is to look at the systemic lacunae in the way research statistics are collected. Right Questionnaire being administered by right and trained people is a must to get any reliable statistics. The training gain significance when the country is as huge as India with 2.7 million people going door-to-door for data collection!

We hope the master trainers sensitized and trained on the data collection mechanism and the questionnaire suggested by the Disability Sector will set ball rolling towards a more disabled friendly Census in India in the coming year.

Regards

SC Vashishth

Here is the news item from IANS. Click here to read from source: 2011 census to probe how many are disabled

New Delhi, March 15 (IANS) If all goes well, the 2011 census will refine its questionnaire in a bid to determine how many to Indians really suffer from disability.

The 2001 census came up with a figure of 2.13 percent of the Indian population. This, experts say, is way off the mark.  And since government schemes are based on statistics, it is important to get the estimates right.

As a first step, the National Centre for Promotion of Employment for Disabled People (NCPEDP), an NGO, Monday convened a meeting with various stakeholders to frame questions to determine the size of the disabled population while conducting the census.

C. Chandramouli, the registrar general and census commissioner of India, said he would present the questions to the technical advisory committee for approval.

'Despite a sizeable disabled population, the 1991 census did not have any statistic on it. In 2001, after year-long consultations with NGOs, at the very last moment one question on disability was included in the census,' said Javed Abidi, the NCPEDP director.

But the 2.7 million primary school teachers conducting the census were not trained to handle the question. Nor did they have enough knowledge on disability. So the census showed that only 2.13 percent of the population suffered from disability, he added.

A UN study says 10 percent of all developing countries' population suffer from some disability. A later independent study by the NCPEDP showed that six-seven percent of the Indian population was disabled.

'This meant that while the government officially recognises 20-30 million disabled people, 50-60 million are invisible. This is serious, especially because all government schemes are based on statistics. Therefore, we have decided to help the census commission frame questions to help evaluate the correct population of the disabled,' Abidi said.

The questions, Abidi said, will be such that all categories of disability like autism will be included and not just visual and hearing disabilities. Also, members of the NCPEDP would have a special interactive session with 725 master trainers on the subject.

The master trainers will in turn train 54,000 trainers, who will train the 2.7 million people who will go door-to-door conducting the survey.

We need indepent commissioners for Disability and a minimum wage social security

Dear Friends,

I second the demand of United Voices for Disability Equality in Odisha with little additions.

What we require is an Independent Commissioner for disabilities, with a rank equal to secretary & be preferably from the disability sector! Also the amount of social secruity has to match with minimum wages for skilled workers looking at cost of living index in each state. The charity doles of 500, 700, 1500 do not help the person with disability live an independent life. We need to say clearly "Please stop playing politics here, we are a potential vote bank of 10.21 lakh and if we include our families, friends and wellwishers, this number could be four fold and can be devastating for the prospects of any political party in the ensuing elections!

regards
Here is the news report on demands of "United Voices for Disability Equality"

Hike in aid for the disabled

BHUBANESWAR: The number of persons with disabilities is 12.21 lakh. But Orissa is yet to have a full-time and independent disability commissioner .

Differently-abled persons under the aegis of United Voices for Disability Equality (UVDE) today demanded filling up of the post before the ensuing Assembly session for immediate redressal of the problems of people with disabilities (PWDs) .

The office of the commissioner should be outside the State Secretariat building with barrier-free access, they demanded saying currently the PWDs are facing many problems even to reach the official concerned .

It would be better if the commissioner can be selected from among the differently-abled persons or parents of the disabled children so that the actual problems of the PWDs can be solved immediately, they said .

The forum, after a day-long deliberations today decided to give a memorandum to the Chief Minister, minister concerned, Opposition members and all MLAs tomorrow. “If the Government fails to make an announcement before the Assembly session then we would hold a protest before the Assembly,’’ they said .

The UVDE, consisting of 11 organisations from 21 districts, also decided that they would be forced to go for an agitational path further if the Government would not pay any heed to their genuine demands during the session, they said adding in 18 states across the country disability commissioners are working independently according to the PWD Act passed by Parliament in 1995 .

They told mediapersons that even when a disability commissioner incharge takes the burden here, he/she cannot function independently as he/ she also looks after the programmes of other departments .

Some UVDE members even said that though the ruling BJD manifesto had been mentioning about appointment of a disability commissioner for the last three elections, no initiative is taken yet .

“Not only this is a betrayal, but politically it means a lot to all our 10.21 lakh member community,’’ they said alleging that by not appointing a disability commissioner the Government is violating the human rights of the differently-abled people, which are guaranteed under the PWD Act .

Not only the appointment of the official, but Orissa is still providing a monetary benefit of Rs 200 a month to differently-abled persons as assistance and it is far less than in other states .

While Goa is giving Rs 1,500 and Delhi and Uttar Pradesh Rs 900, Maharashtra and Kerala are providing Rs 700 a month .

On the other hand, while Andhra Pradesh, Chhattisgarh and Uttarakhand are giving Rs 600, newly-formed Jharkhand gives double the amount of what Orissa provides, they said .

“With 2.78 per cent of the State population, we always deserve a better deal,’’ they pointed out and urged the Government to acknowledge their rights first which are ensured by the Constitution .

Throwing out workers with visual disabilities enmasse may be a bad precedent!

Dear Friends,

Cases like this are surely a discouragement to the voluntary initiative of private sector and are in bad taste-  both for employers and employees with disabilities.

Its difficult to prove how it all started and whether it was due to conflict between Management and Union or really due to no work being done by workers. One thing is clear, if the workers have been working for five years, they can't be shunted out in this fashion.

The management on the other hand should seek the active involvement of disabled employees in providing reasonable accommdoation. I also see a larger role here of NGOs that work in employment areas to diffuse the crises to set good precedent!

regards

Subhash C Vashishth

Click here to read from source:   Suspended visually-challenged workers say firm’s move against law

-Nisha Nambiar

Pune: Approach disability commissioner; company says they were doing no work but will get pay till probe ends.

Twenty visually-challenged workers, who were suspended by a private firm in Chinchwad, have approached the Disability Commissioner complaining about violation of their rights under the Equal Opportunity Act 1995, which says disabled persons cannot be suspended.

Uma Precision Pvt Ltd had issued the suspension orders on Monday. The workers submitted their representation to the Commissioner on Tuesday. The matter will be heard on Friday.

Advocate Vaishali Sarin said that the employees have been working with Uma Precision since the last five to six years and the company cannot suspend them. “It is against the law,” she said. Sarin along with these workers will hold a sit-in protest at the company’s gates on Wednesday morning.

The firm has been into auto ancillary products for 30 years and has nearly 500 employees. It had employed the workers in its punching unit. They had been working since 2005. The workers, who are part of the MNS’s Maharashtra Navnirman Kamgar Union, had clashed with the firm’s officials earlier too.

The company officials said the workers were suspended and a probe was being conducted. Director of the firm’s Human Resources department Dilip Tilekar said the employees were not doing any work and were suspended for gross misconduct. “A committee would conduct the probe. There would be a hearing in the coming week. They would be given a chance for their say,” he said. However, these employees will continue to get their pay till the probe is completed and hearing of the case is conducted, he added.

Sarin, however, maintained that workers had been doing good work and many of them are the sole breadwinners of their families. “I am the sole breadwinner of the family. It would be very difficult to find another job soon,” said one of the suspended workers. Trainer Sunil Chordia alleged that the workers were not given adequate work and the company cannot complain about them sitting idle.