First Global Report confirms one billion people are disabled

World Health Organisation says disabled people more likely to be denied healthcare and less likely to find work

The proportion of disabled people is rising and now represents 1 billion people – 15% of the global population – according to the first official global report on disability.

An ageing population and an increase in chronic health conditions, such as cardiovascular and respiratory diseases, mean the proportion has grown from an estimated 10% in the 1970s.

But, despite a robust disability rights movement and a shift towards inclusion, disabled people remain second-class citizens, according to the report by the World Health Organisation and the World Bank. One in five experience "significant difficulties".

In developed countries, disabled people are three times more likely to be denied healthcare than other people. Children with disabilities are less likely to start or stay in school than other children, while employment rates are at 44%, compared with 75% for people without disabilities in OECD countries, the report found.

Barriers include stigma, discrimination, lack of adequate healthcare and rehabilitation services, and inaccessible transport, buildings and information. In developing countries the picture is even worse.

Tom Shakespeare, one of the authors of the World Report on Disability, said: "The clear message from the report is that there is no country that has got it right. Italy is a world leader in terms of inclusive education and de-institutionalisation of people with mental health problems but in other areas it is not. In the US the access is phenomenal – it is a civil rights issue. However, if you are looking at poverty and employment it is not good.

"Disabled people do not need to be poor and excluded; they do not need to be segregated. They do not need to be second class citizens."

One of the most "shocking and powerful" issues to come out of the report, according to Shakespeare, was the discrimination in healthcare.

Dr Margaret Chan, director general of the WHO, said disability was part of the human condition. "Almost every one of us will be permanently or temporarily disabled at some point in life. We must do more to break the barriers which segregate people with disabilities, in many cases forcing them to the margins of society."

Professor Eric Emerson, of the Centre for Disability Research at Lancaster University, said the findings on healthcare were not surprising.

"In the UK, there have been numerous independent reports documenting the systemic discrimination faced by people with disabilities, particularly people with learning disabilities. The health and wellbeing of disabled people is not simply as a direct result of their impairment. It's a result of the way that people with impairments are treated by society."

Last year, the Life Opportunities Survey found many disabled people in Britain were isolated, cash-strapped and struggling to participate in normal activities, with a fifth saying they suffered from so much anxiety and lack of confidence that they lacked the ability to work.

The WHO report, which did not compare countries directly but highlighted best practice, singled out the UK's Disability Discrimination Act 2005, which places a duty on public bodies to promote equality and its direct payment policies for disabled people as an example of good practice.

But Shakespeare said: "The UK has done very well, due to its direct payment mechanisms, and benefits like independent living allowance and access to work. It appears that many of these developments are under threat. The axing of the independent living fund and other changes to benefit appear to move away from what was a good situation."

Liz Sayce, of the disability campaigning organisation Radar, said: "The UK has made some real progress and it's good to be reminded that there's something to celebrate, but the employment rate of disabled people has crept up by only 6% in recent years to 47%. But it is still only 47% and many people are working below their potential."

Tim Wainwright, of ADD (Action on Disability and Development) International, said: "We welcome the fact that there's a lot more clarity on the figures. It confirms that disabled people are the world's largest minority. Great strides have been made in making sure that women are included in international development programmes. The next biggest group is disabled people."

Source: The Guardian

NGOs in India are under the ambit of Right to Information Act

Dear Readers,

To bring transparency in the NGOs, there has been a movement to bring them under the Right to Information Act 2005 for quite some time. It is stressed that the Right to Information Act, 2005 aims to promote transparency and accountability in the working of public authority. Charitable institutions including trust have a laudable objective of serving society. Charity and secrecy do not go together. A charitable institution which receives financial benefits because of statutory enablement has a greater imperative to be transparent.

With the recent developments and orders from the various High Courts as well as Information Commissioners, it is now settled that NGOs can be termed as Public Authorities under the Right to Information Act, hence should abide by the voluntary disclosure of information as mandated under Section 4 of the Act as well as other provisions to supply information sought by public.

The whole question revolves around the term “Public Authority” and applicability of Section 2(h) of the Right to Information Act, 2005 reproduced below, to the NGOs:-

“(d) by notification issued or order made by the appropriate Government, and includes any —

(i) body owned, controlled or substantially financed;

(ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government;”

Therefore, Non-Government organizations substantially financed directly or indirectly by funds provided by the appropriate Government are deemed to be a public authority, even though such bodies by nature and in substance are private organizations.

Kerala High Court in 2009(3) Civil Court Cases 273 (Kerala) has held that the words non-government organizations substantially financed directly or indirectly by funds provided by appropriate Government takes within its sweep all funds provided by appropriate government either from its own bag or funds which reach societies through appropriate Government or with its concurrence or clearance.

Interpreting the word “provided by appropriate government” as contained in Section 2(h) of the Act, the Court held that “provided” means to make ready before hand, to supply; to procure supplies, means or what may be desirable; make provision. It was held that when one proceeds to provide, the intention is not necessarily that it is provided from its own bag exclusively. If you provide something that someone needs or wants or you provide them with it, you give aid to them or make it available to them.

The Court, therefore, held that it is sufficient that the funds reach a society as a result of action taken by the Government thereby making available the necessary finance that may be required by the society for its activities. The essence of the word ‘provide’ is making available what is required to be provided.

Therefore, in light of the above decision of the Kerala High Court, any donation received by way of exemption under Section 80 G(5) will amount to having received the “financial assistance”, in so far as such assistance has been enabled by the Government of India through the statutory provisions of Income Tax Act by granting tax rebate to the donors.

Based on the above decision of Kerala High Court, the State Information Commission, Punjab in a recent case titled Harmanjit Singh Versus M/s Dream & Beauty Charitable Trust, declared the Trust to be a Public Authority because it enjoyed Section 80G exemption as well as it had availed Stamp Duty exemption in purchase of land.

The Commission held that the exemption granted and availed from payment of stamp duty would fall within the meaning of word ‘financed’ by the appropriate Government. Whether such assistance was substantially or not, would depend upon the facts of each case. The antonyms of the word “substantial” is : inconsequential, insignificant, little, trivial or negligible. Once exemption is granted under Section 80 G(5) or under the Stamp Act, it is an ongoing benefit which may be available on a continuous basis to the respondent, till such time, these benefits are withdrawn by the appropriate Government. This surely cannot be called trivial, negligent or insignificant.

It also referred to a case of Allahabad High Court in 2008(4) Civil Court Cases 352 (Allahabad) which held that wherever there is an iota of nexus regarding control and finance of public authority over the activities of the private body or institution or an organization etc., the same would fall within the provisions of Section 2(h) of the Act

This is a path breaking development and brings majority of NGOs in India by virtue of enjoying exemption under section 80 G of Income Tax Act, in to the ambit of Right to Information Act 2005.

I am hopeful that NGOs whose objectives are laudable in the development sector, would gladly and with open minds accept the mandate of transparency and trust that is posed on them both by law and by public faith

UID Number and Inclusion of Disability

Dear Friends,

Many persons with disabilities and their families in India have placed high hopes from the UID Number that is being rolled out by Government of India through UIDIAI – an attached office with Planning Commission of India headed by Shri Nandan Nilekani.

Prevailing Confusion in Disability Sector

However, there is a mass scale ignorance about its form and purpose. People have been debating that they would prefer one unifying card in form of UID which will save them from carrying hundred cards like Disability Card, PAN Card, and Voter Card etc. There has been a discussion even about the Pros and Cons of declaring disability on this card while many wanting to have it on the UID.  In fact, few even expressed that they were confused on whether to declare or not one’s disability fearing bias and discrimination. While one person with disability may be able to create good impression over others and positively change attitudes with his ability however, majority of disabled people who have not been fortunate enough to receive good education, this also might work contrary. More so when the societies have a tendency to look at the half empty glass rather than the half filled! 

Clarifications

I  thought to clarify few things which might come handy to those who want to know more about the UID for persons with disabilities. Please note that no data is being collected about disability by the UID enumerators.

First of all the UID is not a card but a unique number. It is also not to tag people on grounds of caste, creed, disability, family, language or even citizenship! Most ministries or people who opposed UID thought that it would be another Card - like Ration Card/Voter ID/Disability card or PAN Card etc. and started looking at it from their own profit/loss perspective.

However, UID is entirely for different purposes and stands on total scientific footing. This is a 12 digit number to identify every human being including an infant (newly born) residing in India, whether or not he has any identification document. This is completely voluntary and not forced upon people as of now. The information being collected for UID includes name, date of birth, father’s name / mother’s name/ guardian/ address, iris scan, fingers and thumb scan etc. while email and mobile numbers have been kept optional.

However, it is expected that gradually every resident will prefer to have this number for it provides a universal identity carrying demographic and biometric identity which cannot be duplicated. Today one person with slight changes in name or address or surname can create multiple numbers of Voter I-Cards or PAN Cards. Therefore, the unique ID Number will actually help identifying a person for all other documents such as ration card, disability card, passport, bank account etc and not be an overriding document.

Also unlike other documents which are accessible to public and private agencies, the Information available with UID will not be available to private and public agencies. In coming days, this number will surely help the persons with disabilities too in availing lot of benefits. Today it is voluntary; the day will come when everyone would crave to have this number. The government seems to have purposefully decided to tread cautiously to achieve success of this project and not antagonize the existing structures.

Hoping that each person with disability in India voluntary applies for a UID number for this is in his own interest and that all benefits, rights and schemes for equalizing the opportunities of empowerment come right to their doors, to their bank accounts, to them and are not leaked on the way to vested interests.

Regards

Subhash Chandra Vashishth

Advocate-Disability Rights

Visually Impaired continue to face discrimination in Civil Services

Dear Friends,

Despite the PM's intervention in ensuring that the Civil Services opened their doors to the persons with disability especially those with visual disability, the silent discrimination continues. The case of Rajesh is a live testimony to this discrimination. And this is despite Supreme Court's order in the favour of the candidate directing DoPT to appoint him in Civil Services!

It is the same DOPT which continued to take examination in Braille  and giving the VH scribes to write UPSC examination without making an effort to identify any posts for them when they were pulled up by the Hon'ble Supreme Court of India.

We all know, how difficult it is to clear the interview where, many times such insensitive people sit across you who know nothing about disability etiquettes throwing queries questioning your abilities on the basis of perceived disability! And then the apathy and bias attitude of  the DoPT.

This needs to change forthwith if India is to ensure true equality to its citizen with disabilities. Stern action should be taken against the erring officers to set examples that the policies and Act are not defied right under the nose of the Union Government.

Read here the revelation brought out by Bhuvan Bagga for Mail Today.

Click here to view the news from Mail Today in image form 

Babus blind to his merit (Mail Today) By Bhuvan Bagga in New Delhi Visually impaired man not given posting even 3 yrs after clearing civil services  RAJESH Kumar Singh had a dream that soured — one, because he is visually impaired and two, because he is not well connected. This 25- year- old had cracked the prestigious civil services examination three years ago while he was still doing his masters in modern Indian history from Jawaharlal Nehru University. But what happened next broke his spirit. Despite bagging the third rank in the disabled category, the department of personnel and training ( DoPT) refused to give Singh a posting. “I don’t know when I will get my chance. Now it seems the examination was easier to handle, but not this inherent bias in the system against people with special needs like us,” says Rajesh. Disheartened, he approached the Supreme Court and after a prolonged legal battle, the court decided in his favour. But another shocker for him was on the way. A candidate, who was ranked below him in the same category, received a posting while he was still waiting for a response after the court order. Allegedly, it so happened that the favoured candidate was related to a DoPT official. He knocked at the Supreme Court’s doors for the second time on October 21 this year. The court once again issued notices to the government asking why he wasn’t given a posting despite its order and how a person with a lower rank got in. “The system is entirely pitted against us. No one thinks we deserve, merit or should be a part of the bureaucracy. Even in my interview, a panelist asked me why I deserved to be in the service when I couldn’t even read or write as he did,” he said. At that time Rajesh had politely shot back asking the interviewer “ if he could read or write like him, would he consider himself ineligible?” Incidentally, Rajesh is also an international cricketer who represented India in three world cups for the visually impaired. “ Two of these were in India and one in Pakistan. I am not just a meritorious candidate, but also a sportsperson,” he says. However, he has received support from activists and political leaders who have written to the Prime Minister. MAIL TODAY has the copies of these letters in its possession. The letters name the senior DOPT officer and mention that Rajesh was ignored and a person with a lower rank was favoured. Dr Naresh Kumar, a sociologist and general secretary of the Delhi Pradesh Congress Committee said, “ I have written a letter to the PM and asked for the removal of such officers who think themselves to be above the Supreme Court. I want to know how Ravi Prakash Singh, with a rank of 6, got into the IAS service while Rajesh is outside.” Rajesh is from Patna and had done his bachelors in history from Ramjas College. His father is a civil judge in Bihar. Two of his brothers are engineers and his sister is a doctor. “There are times when even our families and closest persons can’t understand us. I have my fingers crossed and am hopeful that the law of the land gives me what I have earned. I don’t need sympathies, just give me what I worked so hard for,” Rajesh said.

Indian Army takes lead in respecting abilities of the Disabled

Dear Friends,

I am particularly happy at this news of Indian Army promoting a wheelchair user officer to the 2 Star rank.

Indian Army has set example for other paramilitary forces to reward their brave ones by promoting them even when faced with disability at physical level and not simply boarding them out medically. This is a befitting treatment to the contribution of the soldier as well as to the residual ability of the soldier after experiencing such disability. I remember Maj Gen. Ian Cardozo's words, "Disability is not in the body but in the minds of persons" (how one looks at it). He cites his own example that despite being an amputee, he proved himself & continued to command a battallian and risen to the rank of Maj. General. Today he heads RCI as its Chairperson.

Thousands of soldiers are boarded out medically every year from Defence Forces on acquiring disability attributable to service. And their opportunity to contribute to the nation are taken away by Medical Boards. 

Can Indian Defence Forces look at Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act at policy level and take a firm resolve that they will respect the sacrifices of their war wounded soldiers by giving them opportunities in service?. If I am game for it, I can create a number of opportunities for them in administration, logistics and several other areas that involve ground duties. This will be a trend setting step on the part of Defence Forces to respect the human diversity and abilities.

We know, currently all defence establishment are exempted from the purview of PWD Act 1995 !

To read the news click on the links below:

NDTV 

Times of India

Deccan Herald

1st wheelchair-bound officer promoted as Major General

New Delhi, Oct 27, (PTI):

History was created in the Indian Army today when a wheelchair-bound officer was promoted to the rank of a Major General.

Belonging to the elite Parachute regiment, Maj Gen S K Razdan picked up his two-star rank today and is posted at the Headquarters, Integrated Defence Staff, Army officials said here. The 52-year-old Para Commando was left paralysed below his waist after a spinal injury 15 years ago during a gunfight in Kashmir, an effort which had won him a Kirti Chakra, the country's second highest peace-time gallantry award. In a daring effort in 1995, Razdan had taken on terrorists and saved the lives of 14 women in a 16-hour operation in Damal Kunzipur on October 8, which also happens to be his birthday. The officer was shifted to the Army's Base Hospital in the national capital, where he was treated for his injuries. The Army has in the past promoted amputee officers to General-officer rank, but this would be the first time a wheelchair-bound officer has become a Major General, the officers added.