SC issues Notice to Centre on RTE Act

SC issues notice on Right to Education Act

The Supreme Court issued a notice to the Central Government on a Right to Education petition seeking exemption for unaided educational institutions

New Delhi, Oct 8: The Supreme Court Monday issued notice to the Central Government on a petition seeking exemption for unaided educational institutions from earmarking 25 percent seats for students from the weaker sections of the society.

Unaided minority educational institutions are exempted from doing so under the Right to Education Act, 2009, which calls for reserving 25 percent seats for socially and economically backward sections of the society.

An apex court bench of Justice K.S. Radhakrishnan and Justice Dipak Misra issued the notice after senior counsel Mukul Rohtagi contended that Article 15(5) was ultra vires of the basic structure of the constitution as it discriminated between two similarly placed category of educational institutions on the basis of their minority and non-minority status.

  

Seeking that the matter on the constitutional vires of the Article 15(5) be examined by the atleast five judges constitution bench, Mr. Rohtagi said that the constitution envisages equal status for minority and majority.

It would be against the scheme of the constitution to put minority on a higher pedestal then the majority community. Mr. Rohtagi was assisted by counsel Govind Goel.

The court was told that the Article 145(3) of the constitution provides that a bench of atleast five judges could only hear a case involving the substantial question of law and the interpretation of the constitutional provisions or for hearing any presidential reference.

Read more on...... I Government.

State Bank of India to transform 2500 ATMs as Talking ATMs

Dear Colleagues,

Wonderful news for all our blind brethern. State Bank of India - the largest public sector bank in India with established reach in rural India will transform over 2500 Bank ATMs to Voice guided ATMs (Talking ATMs) that will benefit the visually impaired users. Earlier Union Bank of India has launched its talking ATMs.

Here is the news report from Biztech2.com

SBI Upgrades To Talking ATMs Designed For Visually Impaired

Supporting RBI’s objective of providing financial accessibility to every citizen in India irrespective of his or her disability, NCR Corporation, the ATM service provider, will transform over 2,500 State Bank of India (SBI) ATMs to Voice-Guided ATMs -- which not only allows access to visually impaired people but also people with physical disabilities through ramps for wheel chair access. SBIs first real ATM for the visually impaired was showcased at Antarchakshu, a sensitisation workshop, organised by Xavier's Research Centre for the Visually Challenged (XRCVC) at Jawaharlal Nehru University in Delhi.

NCR's Talking ATMs are incorporated with unique software and hardware features which ensure that a person with a disability can operate the machine on his own, while maintaining the safety of the transaction. These ATM machines are designed as per Access for All (AFA) standards and comprises of accessible key pads, voice-guidance technology, Braille stickers and multi-lingual capability. Apart from reading aloud screen messages, the machine also provides complete orientation making it easy for the customer to use the machine. An important security feature of this ATM is that it provides the person an option to blank out the screen as a safety mechanism to avoid shoulder surfing by any by-stander trying to access customer data during the transaction.

Nagesh Nayak, Professional Services Practice Manager, NCR said, “We are proud to partner with SBI which is India’s largest banking and financial services company to upgrade their ATMs for the disabled. As a concerned corporate, NCR is constantly reinventing innovation for the Indian market place and this specialised ATM is a clear reflection of it. Indian banks and financial institutions are quickly realising the need to adopt self-service technologies to include the millions of differently-abled people into the financial stream and NCR is committed to helping these institutions by providing technologies that are conceptualised, created, and manufactured in India.”

The NCR Talking ATM uses a text-to-speech engine which allows voicing-out the text on the screen in multiple languages for consumer convenience. Instead to issuing Special Cards for the customers with disabilities since it can become difficult to maintain track of whether the correct card has been issued, SBI has chosen to make its existing ATM network, AFA compliant by simply customising their existing ATM software stack and upgrading the hardware configuration of its ATM fleet.

India has one of the largest visually impaired populations in the world and hence the Reserve Bank of India (RBI) through its circulars in 2008 and 2009 stated that all banking services including ATM cards need to be offered to customers with disabilities without any discrimination.

At the Antarchasku event, Dr. Sam Taraporevala, Director of XRCVC said, “For the XRCVC it is a very proud moment to witness the roll out of a large number of SBI ATMs. Antarchakshu at JNU New Delhi, has the privilege of hosting one such ATM. The event will go a long way at creating the necessary awareness and sensitisation so necessary to promote financial, educational and employment opportunities.”

Aadhaar to put aam aadmi (common man) on driver's seat on Digital Highway

Dear Friends,

Mr. AP Singh, DDG, UDAI in his write up " A road less travelled" published on I-Government pitches for Aadhaar as an enabling number to empower common man in India.

He talks of soft infrastructure required to enable the common man with three ingredients. They are - a mobile phone, an electronic bank account and a unique identity number. The mobile phone would connect the residents with the world. The bank account number would enable them to pay electronically for goods and services. The Unique Identity (UID) or Aadhaar will make it possible for residents to identify themselves, in person or online, definitively.

He calls them taking shape and not mere fantasies. Here is the write up which is not reproduced here in full to respect the copyright laws.

A road less travelled

Death toll 228 at Asha Kiran since 2005, unabated

Dear Colleagues,

Those of you who work with person with multiple disabilities have seen them living ordinary life if given proper medication for epilepsy and care. However, there is utter chaos at Asha Kiran centre where no one want to take the blame for the deaths which are happening in the Govt. run institution. The centre says it is the severe mental retardation and epileptic fits that is leading to deaths while the court appointed committee and any person involved or with experience in caring for a person with multiple disabilities would say that it is unhygienic conditions, lack of medical facilities and mismanagement at the Asha Kiran which is resulting in avoidable deaths. Human life doesn't seem to have a value here.

I wanted to share a personal experience of one and half year back. One day on my way to work, I suddenly saw, a person with mental disability roaming on the ring road and then sitting under a flyover. I really got worried about his life and always thought some day some vehicle might strike him down and I thought of admitting him to the state run centres where he will be cared. Sooner, I realised the pathetic condition of the Centres that we are discussing here, I decided not to even think that way. I consulted several of my friends who expressed that this person may live a better, safe and longer life under a flyover than a State run Centre and that I should stop thinking of making efforts to have him shifted to a "safer" place like Asha Kiran.

Today after more than one and half year, when I continue to see him every day at the same place while on way to work, I feel how mistaken I was. He is at least happy & safe here and leading his life though with help from passer byes. I am sure if I had decided otherwise, I wouldn't see him alive!

Here is the news from Hindustan Times of 31st Aug 2012 giving you the update:

At Asha Kiran, 228 inmates have died since 2005


The Delhi government has admitted that 228 deaths have taken place at Asha Kiran, the Capital’s lone home for mentally challenged children and adults, since 2005. In an affidavit filed recently before the Delhi High Court hearing a PIL complaining of lack of medical care and shockingly  unhygienic conditions at the home in Rohini, the Delhi government said 59 inmates died in 2005-06, 28 in 2006-07, 34 in 2007-08, 37 in 2008-09, 46 in 2009-10, 11 in 2010-11 and 13 in 2011-July 2012.

During a hearing on August 8, the court had slammed the government for the inhuman manner in which the inmates were kept at the home and termed it the "worst kind of human rights violation". The court was perusing a report submitted by a court-appointed committee which inspected the premises of the welfare home.

Expressing shock at the revelation of 228 deaths, human rights activist and a member of the court-appointed committee Colin Gonsalves said: "This figure is high but the government feels it is low. They thought that by stating it on an affidavit it would save them before the court. The National Commission for Protection of Child Rights has repeatedly said deaths were taking place at the home due to negligence."

A bench of acting chief justice AK Sikri and justice RS Endlaw is to take a stand on the issue on Friday. The government denied the deaths were due to negligence and mismanagement. "Biological factors play a major role in high mortality rates among the mentally-challenged persons. A large number of inmates at Asha Kiran fall in the categories of severe and profound mental retardation with multiple disabilities and suffering from epileptic fits. Studies show that such types of individual keep very shortened life expectancy," the government said.

DP Bharal, deputy director with the department of social welfare, said in an affidavit: "From 59 deaths in 2005-2006, the same has come down to 13 in 2011-12. None of the deaths occurred due to negligence. The inmates who died were extreme cases of mental retardation or having chronic medical ailments."

Disability Certificates on Sale

‘Disability’ on sale

By Neetu Chandra in New Delhi

Enjoy benefits for the handicapped as touts can get you fake certificates YOU MAY be struggling to get admission into a college or fretting about how to land yourself a government job. But many others have an easier way out: They get ‘disabled’, not literally but officially, and enjoy benefits offered to the category. And touts make it happen. Touts in the city government hospitals can get an otherwise physically normal person an official certificate confirming his disability. This certificate can be of great help as disabled people are extended a host of benefits by the government, including reservation in admissions and recruitments. There are many who have got these certificates made with the help of touts and use it for various purposes. The touts also exploit people’s wariness of the convoluted and time- taking governmental process and do the job in almost no time for a price. The government has divided the hospitals area- wise and district-wise for issuing disability certificates. For touts issuing a disability certificate is child’s play, irrespective of the area one stays in. The touts charge anywhere between ` 3,000 and ` 5,000 and get anyone a disability certificate as required in two- three days. This reporter approached city’s Bara Hindu Rao Hospital running under the Municipal Corporation of Delhi ( MCD) for getting a disability certificate. The hospital issues disability certificates to those who stay in the area near central Delhi. This reporter was approached by a tout outside the orthopaedic department asking if she required a disability certificate. “ Are you looking for a disability certificate? It’s a lengthy process in this hospital. I will get it issued for you but you will have to pay ` 5,000,” the tout, who was not an employee of the hospital, claimed. After negotiations when the reporter agreed to pay ` 3,000, the tout asked her for two photographs. “ You will get it in three to four days, the certificate will look genuine and will have all the relevant entries,” he said. Under the law, the disability certificate is issued by a medical authority notified by the state government. Each such medical authority is constituted at the district level and is supposed to receive applications from the disabled, assess their disability and issue them the certificate within a week from the receipt of application, if the disability is assessed at 40 per cent. Only a government doctor is authorised to issue a disability certificate for which an applicant is required to come to the district government hospital and present his case before the medical authority constituted for the purpose. When the reporter asked for meeting the doctor to issue the certificate, the tout said, “ There is no need to meet the doctor. You don’t need to appear before any medical board too. There should be three stamps. I will give you a stamped certificate; your work will be done. You don’t worry. I have made a dozen certificates that students are using.” The next day, the tout called the reporter and told her that the work would be done in two days. The Bara Hindu Rao Hospital issues certificates for Locomotor disability by way only of amputation complete permanent paralysis of limbs, or blindness. The procedure for issuing disability certificates to the physically and mentally challenged people by all the notified hospitals under the Delhi government is lawful and reasonably time- taking for credibility of the certificate for genuine handicapped people. “ One should always get a disability certificate through the government hospitals only. There are strict norms to obtain these certificates. The touts often print the fake registration numbers on the certificates. We are trying our best to stop this practice. We are bringing strict measures to nab these touts,” Delhi health minister Dr A. K. Walia said. RIGHT WAY TO GET IT A handicapped person needs to submit documents to the medical superintendent’s office of the concerned hospital The applicant is given a date for appearing before the medical board within 21 days of furnishing the documents An OPD card is prepared and issued to the applicant. Using this card, the applicant is required to attend the OPD of the medical officer for examination Necessary investigations are carried out by the medical officer and entries made in the medical card, after a week Applicants need to present themselves before the board on the date fixed for such appointment The handicapped person will be examined by the designated board of doctors, along with report received On the board’s recommendations, a physically handicapped certificate is issued to the applicant. Source: Disability on Sale