Concerns arising out of Rail Budget 2013 for Persons with Disabilities

Dear Colleagues,

Recent railway budget speech of the railway minister announced the following for the benefit of persons with disabilities:

"India is a signatory to the UN Convention on the rights of the disabled. We are conscious of our responsibility under the Millennium Development Goals (MDGs). To facilitate the boarding of trains and exit from the stations for the differently-abled and the elderly, the steps proposed include provision of 179 escalators and 400 lifts at A-1 and other major stations, affixing Braille stickers indicating the layout of coaches including toilets, provision of wheel chairs and battery operated vehicles at more stations and making coaches wheel-chair friendly.

In order to provide an employment avenue to the disabled people, I propose to reserve a specified number of JTBS for them, keeping in view the fact that the PCOs at stations have become largely redundant after the mobile revolution in India".

Concerted efforts to fill up approximately 1.52 lakh vacancies this year. It is a measure of popularity of railways as an employer that a staggering 2.2 crore applications were received. For the first time, Railway recruitment examinations were held at more than 60 cities across the country. In the process, a backlog of about 47,000 vacancies earmarked for weaker sections and physically challenged is likely to get cleared".

PIB has published the budget highlights that are available in PDF at link: Rail Budget 2013 highlights.

Critical Review of Rail Budget 2013

Here is a the para - wise critical review of the rail budget 2013 from the perspective of the disability sector and the mandate of UNCRPD and the spirit of Disability Act::

(a)       Passenger Amenities:  The paragraph does not mention the amenities will be made inclusive and follow universal design standards to be accessible and friendly to everyone irrespective of abilities. Persons with reduced mobility have been facing infrastructural barriers in the community for a long time. The railways must declare and budget for making its rolling stock as well as platforms and services accessible and barrier free based on universal design. Currently the effort is just to make a small exclusive section accessible which actually excludes people from the mainstream and renders them vulnerable.  While A-1 and major stations have been proposed to be made accessible by lifts and escalators, we strongly suggest you to include sustainable non-dynamic features like ramped access to foot-over bridges at all the Railways stations to provide connectivity to all the platforms (as provided on Agra Railway Station and few others). This makes it easier for passengers with heavy luggage, those travelling with elderly members and children and for women.   Similarly, the concern of platform to train compartment transfer is still unaddressed. Even the so called disabled friendly coach has four steps to access it hence it remains inaccessible to disabled people. It is pertinent to mention here that the philosophy of Universal Design has been specially included in the UN Convention on the Rights of Persons with Disabilities (UNCRPD) that you have so kindly referred to in the Budget speech.

(b)      IT enabled services: The paragraph is silent on the web accessibility standards requirement, online booking allowing booking concessional tickets by passengers with disabilities and other listed services inclusive. This is despite the fact the UNCRPD specifically refers to making all the Web services accessible and Govt of India has already mandated WCAG 2.0 level for websites. The online system continues to ignore passengers with disabilities.  (UNCRPD Article 9 : Accessibility)

(c)       Ticket Reservation: The paragraph doesn’t mention about accessible e-ticketing facility even while talking about the enhancing the speed and capacity of the system. Declaring and clarifying the same would be in line with the mandate of the UNCRPD that India stands committed to. (UNCRPD Article 9 : Accessibility)

(d)      Catering:  The toll free number for complaint doesn’t address the needs of persons with hearing impairment/ Deaf passengers who primarily depend on the text SMS for filing any complaint. It is requested to consider SMS based complaints also to make it inclusive to deaf passengers. (UNCRPD Article 9 : Accessibility)

(e)       Rail Tourism: This section doesn’t mention about accessibility while the designing the executive lounge at Delhi. Similarly regarding the trains, it says "The train will be made attractive and affordable through concessional fares", without any mention of their being accessible based on universal design so that everyone irrespective of disabilities can enjoy the use the lounge and train services. It would be pertinent to mention that accessibility will promote rail tourism also among a large number of international travelers with disabilities, elderly travelers and their families who have been, so far getting discouraged due to lack of accessible tourism options in the Country. (UNCRPD Article 9 : Accessibility & Article 30 - Participation in cultural life, recreation, leisure and sport)

(f)       Staff: Our experience indicates that the amenities such as quarters and hostels etc continue to be designed without keeping the needs of the diversity of employees. Railway being the largest public sector employer, it would be in the fitness of things that staff amenities such as the quarters and hostel are made barrier free based on universal design and that the ministry makes a special mention about it in its formal communications. (UNCRPD Article 9 : Accessibility)

(g)      Skill Development:  This section must include marginalized groups and persons with disabilities to bring them to the mainstream so as to realize the mandate of the UNCRPD. (UNCRPD Article 24 Education & Article 27 Work & Employment)

(h)      Rail Heritage: The plan to revamp the museum for the benefit of children is a welcome step. Currently, there are lots of accessibility issues from the perspectives of children with visual, mental and physical disabilities and it should be confirmed that the whole revamp would be done in consultation with the involvement of stakeholders so that the museum is based on best international standards and inclusive to every child irrespective of his abilities. (UNCRPD Article 9 Accessibility & Article 30 - Participation in cultural life, recreation, leisure and sport)

Disability Sector not happy with the Railway Budget

Disability Rights is off the rails

Javed Abidi

Like all other years, this year’s Railway budget did not bring any cheer for India’s 70-100 million people with disabilities, a large number of whom depend on the Railways for their basic mobility needs.

The only difference was that for the first time, the new Railway Minister talked about the substantive issue of accessibility at the stations and in the coaches. However, the discrimination and indignity faced by millions of persons with disabilities trying to use the Railways cannot be addressed by mere pious statements of good intent. The barriers are deep-rooted and systemic.

Let’s try and understand what it means for the average person with disability to travel with the Railways.
To begin with, you can’t buy the tickets online. The website is not accessible as it does not conform to web content accessibility guidelines despite a Government of India policy mandating so. And even if you are not print-impaired, you ‘have to’ physically go to the booking counter with your disability certificate in hand to avail yourself of the discount and get a prized seat in that one single accessible coach per train.
The booking counters are not accessible and that one ‘accessible’ counter for ‘special’ and ‘differently-abled’ people (pun intended) is not manned most of the time.

To top it, by the government’s own admission, more than 50 per cent of the people with disabilities actually don’t have a disability certificate.

Even if you are lucky to have a disability certificate, you are forced to purchase two tickets and to travel with an ‘attendant,’ never mind if you are totally independent and can actually travel alone.

HURDLES IN STATIONS

To get to the coach is another huge struggle. The way to the platforms is not at all accessible. India is still stuck with the concept of foot over-bridges with a thousand steep steps, and no ramps or lifts. You are therefore left with no choice but to use the same path as the luggage carts — littered with potholes and garbage.
The concept of ‘accessibility’ for the Railways has remained limited to one accessible toilet for the entire station. God help you if you urgently need to use one but you are on Platform No. 2 and the ‘disabled-friendly’ toilet happens to be at the extreme end of the station, beyond Platform No. 7.

It is the same story with all other public facilities such as the drinking water taps, the public telephone booths, and so on.

The worst aspect of the Railways in the modern, 21st century India is the segregated coach for people with disabilities. This ‘special’ coach for ‘differently-abled’ people is attached now to almost every long-distance train either at the beginning, immediately after the engine, or towards the very end, right next to the guard. A person with disability doesn’t have the same choice as other passengers because all the other coaches are not accessible.

We all know the story of Mahatma Gandhi having been thrown off a first-class carriage in South Africa because of the colour of his skin. I say Gandhiji was lucky. After all, he did manage to get into the coach. I, as a wheelchair user, can’t even get inside.

What is needed is a holistic, time-bound action plan with a generous resource allocation. We are not asking for any miracles but there should be a serious start somewhere. I offer a simple three-point agenda to our new Railways Minister: Make the Railways website accessible. Make all A1 category stations fully accessible (stations are categorised by passenger traffic). Make at least one coach accessible in every class of every train. Fix a practical time frame, allocate a decent budget and for God’s sake, then just do it!

(Javed Abidi is a very disgruntled disabled Indian citizen. He has been a wheelchair user for the last 33 years and yet, is not 'wheelchair-bound'. He keeps travelling around the world as the Global Chair of Disabled People's International (DPI). He is neither ‘invalid’ nor ‘special.’ And, he certainly is not ‘differently’ abled. He travels by train all the time, but only in America and in Europe. At home, in modern India, he cannot. He cannot even get inside them but he wants to. Hence, this piece, in the hope that things will change. He is Convener, Disabled Rights Group (DRG) and Chairperson, DPI.)

Source: The Hindu

Continuous defiance of Accessibility Guidelines by Delhi's Civic Agencies bring them no harm

Dear Colleagues,

It is painful that in Delhi, the access is still a matter of advocacy, cajoling, recommendations despite a CPWD Manual of 1998, Chief Commissioner's guidelines of 2001 and National Building Code 2005. Today, most public buildings of the Government, Banks- whether public sector or private, schools - both private and public,  post offices, Pension offices, Dispensaries, ATMs, Bus stations, Pedestrian pathways, intersections,  markets, cinema halls, para transit vehicles, continue to remain inaccessible for persons with disabilities in clear breach of the legal mandate! 

Reason... no time frame in the law and no penalty for not ensuring accessibility and on top of it the tags like "within the limits of their economic capacity" that are found in the Disabilities Act of 1995 which otherwise can not be used given the huge sums lying with the authorities for the purpose.

All flyovers that have been created or are being created in the name of providing signal free arterial roads like inner ring road (Mahatma Gandhi Marg), outer ring road, make no provision for the pedestrians to cross over to the other side more particularly those provided at Dhaula Kuan Flyover, AIIMS Flyover & Mool Chand Flyover etc. The pedestrians including those with disabilities are forced to come in conflict with the moving traffic in absence of accessible pedestrian crossovers. Government's ever  road widening spree has made roads dangerous for pedestrians and it fails to address the congestion and pollution.

Most  pedestrian underpasses, foot-over bridges make no efforts to assimilate those living with reduced  mobility. Wherever, some relief is provided in terms of accessibility  it is usurped by parking mafia, encroachments and a bad civic sense. Is this the city or community do we want?

What we need today is deadlines and strict enforcement. Failures in achieving the deadline must meet a financial penalty on the responsible officials/ department. The guidelines on the Barrier Free Environment must be implemented by all departments and especially the civic agencies under whose domain the most public infrastructure is.

Our Social Welfare Minister has made an effort through her letter to all the departments of Delhi Government to ensure that guidelines are implemented properly but I see even here there is no deadline. The advisories don't work in the political system unless there is accountability for the continued defiance. 

It is the time that we no longer state "problems faced by persons with disabilities" as  reasons for providing accessibility. This must become a part of DNA of the Civil Agencies to plan and execute projects that are based on universal design. No more benefits in percentages that often seem to work counter productive. It has to be borne in mind that an accessible environment is beneficial and friendly to every body hence this is a requirement for every one and not just the disabled.

Here is the coverage from Times of India today:  Follow Advisory for Disabled: Walia

Follow Advisory for Disabled: Walia

Naziya Alvi Rahman / TNN / Feb 5, 2013

NEW DELHI: To make city roads and buildings disabled friendly, social welfare minister Kiran Walia has asked all government agencies involved in construction of roads and buildings to consult the manual ‘Planning a Barrier Free Environment’ compiled by the office of chief commissioner for persons with disabilities.

In a letter sent in January, Walia has also directed PWD, local bodies, DSIIDC etc to implement the recommendations in the existing buildings. “I am writing to you to bring to your notice the difficulties being faced by the disabled persons in accessing schools, banks, shopping complexes, Metro stations and ATMs,” stated the letter. “The concerned engineers could be given proper guidance for planning a barrier-free environment as per the recommendations in the manual, a copy of which has already been sent to you,” it added.

In the Disability Act 1995, the civic bodies have been directed to implement the measures suggested in the manual “within the limits of their economic capacity”.

Sources said Walia took up the issue after she came across a report highlighting plight of a boy who struggled for hours to take his disabled father from the entry point of a railway station to the platform. “I called several meetings and toured campuses and public buildings. We found that most public buildings lack disabled-friendly measures. Also while our buses and bus stops have been designed in disabled-friendly way, our pavements are not. Therefore, we have made an attempt to divert the attention of civic authorities towards city buildings, roads etc,” said Walia.

The social welfare department also directed the chief commissioner to ensure the implementation of the measures and follow it up regularly. The manual, which was compiled with the help of Indian Spinal Injuries Centre experts, has been out since 2001 but the city has hardly seen any implementation of its recommendations.

Inexperienced Bureaucrats as Disability Commissioners - is against the spirit of Disabilities Act

Dear colleagues,

Please refer to my earlier post "We need independent Commissioners for Disabilities....". This has been a long standing demand that the posts of State Commissioners for Persons with Disabilities should be filled by  persons with knowledge of disability rehabilitation and at least 10 years standing in the sector working on disability rights. However,  it is little sad to say that the Govt. of Delhi has, in order to accommodate a retired bureaucrat with absolutely no direct experience in disability rehabilitation, tweaked the rules just a month back and now the said person has been appointed rejecting over 11 eligible applicants for the post.

This is an uncalled for situation and these posts should not become accommodating posts for retired bureaucrats faithful to the Government. We need sensitive & experienced people to handle these posts. These amendments are against the very spirit of the Persons with Disabilities Act.

Here is the news coverage from The Hindu

Rules tweaked to hand-pick bureaucrat as Disabilities Commissioner?

Well-known names from disability sector rejected; criteria changed a month before appointment.

Just a month prior to the appointment of former Municipal Commissioner K. S. Mehra as Commissioner (Persons with Disabilities), the Delhi Government had amended the rules for appointing a bureaucrat to the post. While 12 applications were received, the panel headed by then State Chief Secretary had “unanimously recommended” the name of the lone bureaucrat on it.

The preference given to the bureaucrat has raised many eyebrows as among those who had applied for the post were well known names from the social and disability sector.

The “justification/reason” on the part of the Delhi Government was that “the post of Commissioner (Disabilities) is a quasi-judicial post. Mainly two jobs are done by the Commissioner – to hear grievances, which is a quasi-judicial work; and monitoring the work of the State Government, which is the statutory part. Both these jobs do not require high level specialised knowledge in disability”.

The details about the changes brought about to facilitate Mr. Mehra’s appointment have come through a Right to Information application filed by a non-government organisation, Pratidhi.

Raj Mangal Prasad of Pratidhi said: “While the RTI application was filed when the process of selection was on (and as we came to know that the exercise of amending rules to accommodate bureaucrats was on), the file was not shown till Mr. Mehra’s appointment was notified.”

It has been revealed that among the applicants to the post was a head in the Department of Psychology at a Rohtak college; a Joint Director (Technical) in the Department of Women and Child Development; an anganwadi worker, and audiologist and speech pathologist; a legal adviser, a senior registrar from a Mumbai university; a social worker, a counsellor cum special educator, a rehabilitation social worker and an associate professor of Delhi University.

In response to its query, the Delhi Government stated that the meeting of the Selection Committee for selection of Commissioner (Persons with Disabilities) was held under the chairmanship of the Delhi Chief Secretary on November 9, 2012.

As per the minutes of the meeting, the Selection Committee was appraised about eligibility of the candidates for selection to the post of Commissioner (Persons with Disabilities) based on the provision of Section 60 (1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act-1995 and Delhi Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules-2001 ready with the Amendment Rules-2011 and Amendment Rules-2012.

The Department of Social Welfare and Women and Child Development had invited applications for the post of Commissioner (Persons with Disabilities) in October 2012 and received 12 applications.

As per the minutes, “The Selection Committee scrutinised and considered the eligibility conditions required for the post, the qualification and experience of all applicants, and unanimously recommended the name” of retired Indian Administrative Service officer K. S. Mehra for the post.

Incidentally, it was less than a month before the appointment of Mr. Mehra that the rules were changed. On October 12, a notification was issued for the Department of Social Welfare in which the amendment of Rule 50 of the Act was made.

While earlier the rules were such that only those with experience in disability-related matters and social sector, or those who had worked in the field of empowerment of Persons with Disabilities could apply, the amendment made it easier for bureaucrats to get the job.

Following the amendment, as per Rule 62 it is only “essential” for the Commissioner to be “a graduate from a recognised university” and “desirable” for him or her to possess “a recognised masters degree in social work/sociology”.

As for the “experience”, the amended Rule also spelt out that the candidate to the post “should have at least 10 years of consolidated experience in one or more of some type of organisation at desired levels”.

Earlier, the rules were stringent. Rule 50 (B) demanded that the candidate for the post “should have special knowledge or practical experience in respect of matters related to rehabilitation of persons with disabilities”.

In fact in August 2011, former Commissioner (Disabilities) Pradeep Singh had written to the then Secretary (Social Welfare) Sanjiv Kumar stating that “the rules for appointment of Commissioner, as now framed, require 10 years of experience in disability related matters and/or social sector out of which at least 5 years of experience should be in the field of empowerment of Persons with Disabilities”.

Observing that “there may not even be a single officer currently serving in the Government of Delhi or Government of India with a minimum of five years experience in the field of empowerment of persons with disabilities”, Mr. Singh had pointed out that “thus the rules as now framed, would select only persons having worked/working in NGOs/disability organisations”.

Eligibility of disabled children for family pension after marriage - Eligibility for two family pensions

Dear Colleagues,

Government employees with disabled children were always a worried lot. The family pension could only be helpful to an unmarried son or an unmarried daughter or a widowed or divorced daughter. 

However, with the recent notification dated 16th January 2013 by the Department of Pension & Pensioner's Welfare, Govt. of India, has extended this without any such condition of marriage or re-marriage. The only condition is that he/she should not be gainfully employed or receiving other pensions.  Here is the content of the circular that may be handy to you.

To download the signed copy of the circular from the source i.e. Department of Personnel & Training website,  click here (PDF - 264 KB)

To download from Google Drive click here [pdf 264 kb]

regards,
Subhash Chandra Vashishth


No.1/33/2012-P&PW(E)

Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi

Dated: 16th January, 2013

Office Memorandum

Sub: (i) Eligibility of disabled children for family pension after marriage and

(ii) Eligibility for two family pensions clarification regarding.

The undersigned is directed to state that the Government has decided to allow continuance of family pension to mentally / physically disabled children who drew, are drawing or may draw family pension even after their marriage. Further, the Government has also decided to allow two family pensions where the pensioner drew, is drawing or may draw two pensions for military and / or civil employments.

2. In order to implement these decisions, Explanations 1 and 3 after sub-rule 6 of Rule 54 of the Central Civil Services (Pension) Rules, 1972 have been suitably amended and sub-rules 13-A and 13-B have been omitted. A copy of Gazette notification, G.S.R. No. 938 (E), dated 27th December, 2012, giving effect to these amendments is enclosed.

3. For the sake of clarity, the old and new explanations 1 and 3 are reproduced as under highlighting the changes made therein:

Old : EXPLANATION 1 - An unmarried son or an unmarried or widowed or divorced daughter shall become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.

EXPLANATION 3 - It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that (i) he or she has not started earning his or her livelihood and (ii) he or she has not yet married or remarried. A similar certificate shall be furnished by a childless widow after her re-marriage or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.

New : EXPLANATION 1 - An unmarried son or an unmarried or widowed or divorced daughter except a disabled son or daughter, shall become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.

EXPLANATION 3 - It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that (i) he or she has not started earning his or her livelihood and (ii) he or she has not yet married or remarried. A similar certificate shall he furnished by a childless widow after her re-marriage or b the disabled son or daughter or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.

4. Sub rule 13-A regulates the grant of family pension to a military pensioner after his re-employment in a civil service or a civil post. Grant of two family pensions had been prohibited under this sub rule. Similarly, sub rule 13-B prohibits grant of two family pensions to a person who is already in receipt of Family Pension or is eligible there for under any other rules of the Central Government or a State Government and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government. The sub-rules 13-A and 13-B have since been omitted vide the above mentioned Gazette notification.

5. It is clarified that financial benefits in past cases will accrue with effect from 24th September, 2012.

6. As regards pensioners/family pensioners belonging to the Indian Audit and Accounts Departments, these Orders issue after consultation with the Comptroller and Auditor General of India.

sd/-
(Sujasha Choudhury)
Deputy Secretary to the Govt. of India