Thalassaemic finally gets job he was denied

Dear Friends,

I am surprised as to why each time the Prime Minister's Office (PMO) has to intervene and take a credit to give the persons living with disabling conditions their basic dues such a government job at their own merit?

Why can't we have ministries and babus using their brains to implement laws and rules themselves and stop discriminating on the grounds of disabilities. This is ridiculous that for each right, a person with disability in India has to face discrimination and then he is forced to knock the doors of judiciary or some political leader. Are they doing a favour to persons with disabilities by agreeing to give them a job which the person has otherwise earned through his own merit?

So much so, that many government departments have started illegally adjusting those persons with disabilities in the disability quota seats who have passed the recruitment exams on their own in general merit. This amounts to reducing the persons with disabilities to maximum 3% rather than minimum 3% reserved seats as mandated by the Act of 1995! Is the Government listening?

Thalassaemic finally gets job he was denied

By Vikas Kahol in Chandigarh

AFTER over a year of blood, sweat and tears, Sukhsohit Singh’s efforts have borne fruit. The first thalassaemic in the country to clear the civil services examination but declared unfit because of the rare genetic disorder, he is finally set to be inducted into the Indian Defence Accounts Services ( Group A).

An observation by the medical board at Vardhman Mahavir Medical College and Safdarjung Hospital in New Delhi had jeopardised Sukhsohit’s career. The board had declared him “ unfit for all services” as he suffers from thalassaemia major. M AIL T ODAY highlighted the issue in its June 13 issue under the headline ‘ Thalassaemic man denied a job that was rightfully his’. On Friday, a beaming Sukhsohit stated that he received an official communication from the department of personnel and training ( DoPT) informing him about the assignment. The formal offer of appointment would be sent by the defence ministry, the cadre- controlling authority. The DoPT has also requested the ministry to allow Sukhsohit to join by September 13 and exempt him from attending the foundation course.

“I am happy that my dream is fulfilled. I am also thankful to the government authorities, including the Prime Minister who intervened to help me bag the civil servant’s job. The media’s effort, too, was commendable as it made out a strong case for me,” he said.

Sukhsohit had listed three preferences: The Indian Defence Accounts Services, Indian Railway Accounts Services and Indian Railway Personnel Services. All the three come under Group A civil services. “ I had deliberately opted for non- police services that were commensurate with my rank.

Sukhsohit, who lives in Panchkula near Chandigarh, was diagnosed with thalassaemia major in 1985 when he was only one and a half years old. The doctors advised his parents — his father Wing Commander ( retired) M. S. Bawa and mother Gursharan Kaur — to take good care of their son and assured them that he would be able to lead a “ normal” life. Regular medication and blood transfusions were their prescriptions for his good health.

Sukhsohit braved the disease for about 25 years and did not face any mental or physical disorder. Not only was he regular at school, his attendance was exceptionally high. He topped in the 10+ 2 examination in the Chandigarh region Kendriya Vidyalayas. After completing B Com ( Hons) in Business Economics from Panjab University, he secured the first rank in the income tax examination.

His disease did not deter him from securing the first position in MA in public administration, and he qualified for the UGC’s junior research fellowship ( JRF). Currently, Sukhsohit is pursuing PhD in public administration.

He said clearing the civil services exam had been his sole dream and he opted for non- technical services.

Mail Today

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.