Relief by CBSE to All Chidren who come under Definition of Disabled of PWDA- an enabling or disabling provision?

Dear Friends,

The CBSE announced a few months back certain amendments in the bye-laws thereby bringing more relief to the students with disabilities. In comparison to earlier provisions on scribes/extra time & relaxations in subjects, compulsory three languages and 75% compulsory attendance to be eligible for appearing in CBSE Board exams, we have new relaxed provisions now.

While the attendence requirements have been reduced to 60% and provisions of scribes and extra-time of 20 minutes per hour of exam etc have been allowed to all those who come under the definition of "a person with disability" within the ambit of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act- 1995, (in short PWDA) i.e. those with 40% and above disability. This was earlier allowed only to those with Spasticity, Blindness, and Dyslexia & those with physical disability restricting in writing and use of hands. Exemptions from third language was allowed to those with hearing impairments too!

The biggest beneficiaries will be those who did not come under any of the earlier categories allowed exemptions but this benefit would now be even available to those with physical disabilities who actually have no organ limitation in writing the examination and can write as fast as any other non-disabled child could write.

While this can be seen as a new trend to support those who are experiencing disabilities of some or the other kind and to a certain degree as required under PWDA, and to compensate for the lack of equal opportunities for them in the past. But at the same time, it might tilt the balance of convenience in the favour of those who actually don't require it at all. Also, allowing scribes/writer to those who can write for themselves will open up another pandora's box!

I feel a rethinking is necessary when it come to allowing writer /amanuensis to all the disabled children!

On the other hand we see is a cut-throat competition to achieve higher percentages; for you loose out on getting admission to your preferred college or to get selected in MAT/CAT etc merely because of a fraction of percentage in marks. Thus, those who are in genuine need of the facilities of scribes and extra time would actually be at loss in the present system of a mad fight for percentages. Tommorrow these candidates have to sit in competitive examinations like CAT/MAT etc where no extra time is given to all, as of today.

Therefore, unless the Ministry of HRD, Govt. of India, does something seriously about the percentages etc. and number of seats in the higher education, it would only allow these students to get stuck after the CBSE's exams to reach no where!

In fact I would suggest that giving extra time to students has its own advantages. The child will write only that much which he knows or has studied. By this logic, extra time can be given to any one who needs it! It reduced stress; Child performs to his best; Slow writers can even complete the exam to their satisfaction; those with impairments in writing or those using writers/scribes will also get sufficient time to complete. But then it should also be extended in other exams too which a child has to compete immediately after CBSE Exams in order to plan for his career! Otherwise, it might be considered as a stick that further disables rather than enabling!

Regards

SC Vashishth,Advocate-Disability Rights

Click here to Read the New Notification of CBSE

Click here to read the following news from source: CBSE Amends Exam Rules for Disabled Candidates

The Central Board of Secondary Education has announced certain amendments in the examination bylaws. Candidates with disabilities, as defined in the Persons with Disabilities Act, 1995, have been exempted from the examination of a third language.

The previous rule (Rule 23) covered only candidates who were blind, dyslexic or had a speech or hearing disability.

According to the new amendment, candidates covered under the Act appearing for the Secondary School Examination or Senior School Certificate Examination are permitted to use an amanuensis (writer) and will be allowed additional time.

For a three-hour paper, students will be given an extra time of 60 minutes and for an examination of two hours, the duration will be increased by 40 minutes.

Both the amendments cover autistic students as well. These candidates also have the option of studying one compulsory language as against two. “The chosen language should be in consonance with the overall spirit of the ‘Three Language Formula’ prescribed by the Board,” reads the amendment.

Earlier, a candidate (other than blind, physically challenged or spastic) had to pay the fee prescribed for the use of an amanuensis. But, according to the changed rule, the services of an amanuensis will be provided free of cost.

A new rule added to the bylaws also defines a ‘regular course of study’. A regular course of study means that students participating in sports at the national level (organised by recognised federations), shall have to maintain at least 60 per cent attendance. Candidates taking up subjects involving practicals will be required to devote at least 60 per cent of their total attendance to practical work in the laboratory.

Unless a student fulfils the requirements, he/she will not be eligible to sit for the examination. Heads of institutions have also been instructed to not allow a candidate with subjects involving practicals to take the examinations unless the attendance requirements are met as per the rules.

Again to Jantar Mantar: Education bill 'flawed', will move Supreme Court: Expert

Dear all!

I think we should not be befooled by the false promises of Ministers - who as many say - are hurrying up to finish their 100 days agenda and have been bringing up bills in haste without consulting the stakeholders and without public scrunity!

I am personally not convinced with what media reported today with regard to RTE and disability. Mr. Anil Sadgopal and others have decided to move Supreme Court against the Bill in the present form.

Do you think we can join in the Dharna again at Jantar Mantar and join hands with Mr. Sadgopal & others against the RTE Bill in present form and seek to include disability in to mainstream business. The bill is flawed on many other issues also. And unless these flaws are addressed, inclusive education will only remain an utopia and never be realised!

And I sincerely believe that while we strongly advocate and talk of inclusion in the mainstream schooling system, the sector we work with will also suffer the same issues in these mainstream schools. The following issues concern the education and early intervention of children with disabilities also:

(a) Non - inclusion of children from 3 years to 6 years age group in the bill while the Govt. Schools have started admitting children for pre-school.
(b) No support or talk of community schools concept
(c) No system to tackle fees hike in private schools
(d) No clarity on how govt. will make re-imburse the money spent on students.(e) If it is a bill for rights of children then why children up to 14 are only covered? If the law doesn't consider under 18 to be adult - then why not include children up to 18 and below. Also in case of Disabled it could be raised to 21 from present 18.

Besides this, disability related clauses like can also be included:

(a) Relegating disability to chapter V of PWD Act and not mainstreaming the issue in the bill
(b) Non-addition of Children with disabilities in definition of "Disadvantaged children"
(c) Non-inclusion of Special schools
(d) No system of re-imbursing money to special schools

The MSJE pays a paltry sum to NGOs for running schools, under grants which is subject to reduction by certain percentage every year! Why can't Govt. re-imburse education per child to NGOs also on the same pattern? Why discrimination among disabled and non-disabled children. If the money is earmarked, many NGOs, private institutions & community schools, private and govt. schools would come forward to include children with disabilities.

Also mere statement of Mr. Sibal in the Parliament that disadvantaged children would include disabled children holds no water in the eyes of law. Mr. Arjun Singh had made a very bold statement on the subject few years ago but that remained a statement till date. Therefore, let us not believe on the statements of politicians and we should not rest till it is added in the legislation itself.

Also it is a sufficient ground for review that the bill had been introduced and passed by both the houses without a single public hearing for a legislation with such far-reaching consequences. We had no time to discuss it and its ramifications in its totality and only adhoc issues could be raised in the protest!

Click here for Addditional Reading for Meri News

Now AISA and All India Forum to Right to Education have decided to hold a public hearing and thereafter go to Supreme Court agaisnt it. Here is the call:


A Public Hearing on the Right to Education Bill
and UPA's Other Proposals Towards Commercialization of Education
August 7 (Friday), Jantar Mantar, 11 am Onwards

Jury Members:
Prof. Anil Sadgopal, noted educationist
Prof. R.K. Agnihotri, Delhi University
Prof. Minati Panda, JNU
Prof. Nawal Kishore Choudhury, Patna University
Dr. Azra Razzak, Jamia Millia Islamia
Colin Gonsalves, Human Rights Law Network
Kedarnath Pandey MLC, Bihar, Teacher Leader
A. Narasimha Reddy, Vice President, Andhra Pradesh Save Education Committee

The UPA government has passed the farcical “Right to Education Bill”: and the MHRD is busy touting this as a "historic" piece of legislation that will finally open the doors of education and empowerment to each and every child of the country. From its title, the Right to Education Bill passed on 20th July by the Rajya Sabha and on 4th August by the Lok Sabha suggests that its aims to make education a basic right available for all. Sadly, nothing could be further from the truth. The RTE in its present form is a farce in the name of genuine right to education - it designed to keep in place the discriminatory, multi-layered education system that currently prevails. In 1993, in the Unnikrishnan judgement, the Supreme Court declared that from birth until the age of fourteen, children were entitled to free and compulsory education and this was accorded the status of a basic right. This is how the genuine Right to Education is best defined.

In contrast, what the new bill promises is laughable. It states:

Ø That 25% seats in private schools will be reserved for poor students for "free" education in private schools. The government claims that it will pick up the tab for the tuition fees for these children. However, the fact is that the government only promises to provide “vouchers” to poor children equivalent to the admission fees of government schools. Do Mr. Sibal and the MHRD seriously believe that the fees in private schools and government schools are in any way comparable? Also, how will these children from poor families pay ‘picnic’ fees, textbook ‘fees’, sports ‘fees’ and other such expenses that private schools regularly extort?
Ø Even if poor students manage to survive until Class 8, what will happen after this, when the government stops paying their fees? These children will be out on the streets once more, while those of their classmates who could pay the exorbitant fees, will pass Class 12 and go on to enter the hallowed portals of IITs, IIMs or prestigious foreign universities. There is one answer to all these complexities — a Common Schooling System where every school [including the private schools] will be a neighbourhood school. But it is this one solution that all the torturous provisions of the bill could not come close to. The RTE is completely silent on this crucial question.
Ø The RTE is nothing but a blatant attempt of the UPA government to shirk its responsibility to provide universal, affordable and quality education. Instead of handing over education to private schools, shouldn’t the state be working to set up better government schools? We all know how the rising fees of private schools is putting a strain even on middle class budgets. The recent agitations in Delhi against the obscene fees charged by private schools is proof enough.
Ø This is not the first time that the "free" schooling has been promised - residents of Delhi are well aware that private schools in the city were provided land practically free of cost by the government, in return for which supposed to give "free" education to poor children. Exactly how many poor children are able to access these elite facilities is there for anyone to see.
Ø What is also worth noting is the near-consensus in the parliament to support the farce that the UPA is peddling in the name of “Right to Education”.

In both the Rajya Sabha and the Lok Sabha, the RTE was passed unanimously with no opposition whatsoever. The RTE in its present form has several fundamental, structural problems and ambiguities that shelve it of any potential to really provide fundamental right to education as mandated by our constitution and the landmark 1993 Unnikrishnan judgment of the Supreme Court. What is shocking is that the UPA as well as the NDA government before it are trying their level best to undermine and restrict the scope of the landmark Unnikrishnan judgment of the Supreme Court and the fundamental right of education underlined in the constitution under the garb of this "Right to Education Bill".

The farcical Right to Education Bill however is just part of the larger package of commercialisation and privatization that the UPA government has in store. 100-day agenda announced by the Ministry of Human Resources Development (MHRD). Kapil Sibal has promised ‘radical’ reforms in the country’s education system. As you are well aware, the ‘reforms’ in education which the MHRD is advocating are nothing new. They are but a ruse for the government to escape its responsibility towards education and deliver it entirely into private hands. More than a decade of anti-privatization struggles by students have forced Governments to change their vocabulary; to ‘dress up’ their privatization-commercialization agenda in a grand cloak of ‘reform’.

It is in the context of the UPA government's covert plans to sell out our education system to the private sector in bits and pieces that the All India Forum for Right to Education (AIFRTE) and AISA are organizing a Public Hearing on 7th August 2009 (Friday) at Jantar Mantar from 11 am onwards. This pubic hearing will be attended by a wide cross section of society - intellectuals, teachers, students, and residents of Delhi from different sections of society.

We request you to attend the programme.

Ravi Rai, National General Secretary, AISA
9868661628


--
Warm regards,
Subhash Chandra Vashishth
Advocate-Disability Rights
Mobile: +91 (11) 9811125521

DoPT fails to give IAS post to Hearing Impaired Aspirant despite clearing the exam thrice!

Dear Friends,

We saw a similar fight by few others including Shri Ravi Kumar, a candidate with Low vision who cleared Civil Services exams almost thrice and was denied by DoPT because no post was identified for disabled! Even after court's verdict, the PMO had to intervene and issue a consolation that posts have been identified for the disabled.

However, this case of Shri Maniram reveals the inherent apathy and lackadaisical attitude of the Govt. of India to include people with disability in the mainstream despite clearing their exams and competition at their own merit - forget about reservations and relaxation of standards!!

Such incidents only indicate that MSJE and GOI have failed the disabled segment, the PWD Act and the UNCRPD that India signed with so much fanfare! When this Government would stop looking at Disability from a medical angle of percentages ? If the person can prepare and clear the exams at his own merit at 100% disability then what is the fun of insisting a 70% disability to be eligible for which he has been made to undergo a cochlear implant? Now none of the Govt. Hospital has facility to measure the degree of disability!

It may be relevant to mention here that Shri Maniram is already working satisfatorily in Rajasthan Administrative Service having proved his mantle there but DOPT and Central Civil Services seem to purposefully perpetrate discriminatory exclusion agaisnt those with disabilities.

Is this because the central bureaucracy doesn't want the disabled segment in its fold? Is it because the DoPT doesn't know about abilities inherent in the human diversity such as those with hearing disability ? The issue is of attitude and approach which is negative and unwelcoming to those experiencing disabilities and should be condemned.

Such practices should be discouraged in the strongest words possible as these perpetrate the age old practice of looking at disability from medical model. Why can't the assistive aids and devices with modern technology be used to provide reasonable accommodation to Maniram to facilitate him a better and congenial working atmosphere?

I think the Govt. doesn't seem to have understood the concept of reasonable accommodation and their ignorance is proving to be so dear to thousands of aspirants. The inaction on the part of Govt. deserves shame and the sector should stand up united against such discrimination.

This is a fit case where he should be appointed immediately with all benefits like seniority of service, back pay and other benefits besides compensation for the mental agony and harassment suffered.

DoPT should be penalised for failing to facilitate his appointment since 2005 despite clear cut rulings of Courts, Directives from PMO and stated legal position! Has the gentleman filed any case in the court of law seeking immediate appointment and compensation?

Warm regards

S C Vashishth, Adv

Click here to read the article from source: Govt deaf to Maniram's cry for justice

Rema Nagarajan, TNN, 26 July 2009, 05:31 am IST

He's deaf and has cleared the civil services exam three times — in 2005, 2006 and 2009. And yet, he continues to be cheated of his dream job — joining the Indian Administrative Service (IAS). The first time, Maniram Sharma was turned away by the department of personnel and training (DoPT) because there was no policy of accommodating a deaf candidate. The second time he cleared the exam, the policy bottleneck was sorted out. But with a rider — only candidates with less than 70% hearing disability qualify for the IAS provided they cleared the exam. Maniram, being 100% deaf, was not eligible for the service. But he didn't give up.

To improve his hearing, Maniram had a surgical cochlear implant, costing Rs 7.5 lakh. He appeared for the IAS again this year and achieved the highest score in the hearing-impaired category. But his medical examination categorized him as 70% disabled — just a shade higher than the qualifying disability level. The finding itself was strange. Of the 791 candidates selected this year, Maniram's score in the interview was among the top 50 (220/300). And he scored these marks in an interview that required direct interaction — an improbable feat if he were 70% disabled.

Previously, when Maniram had cleared the written exam and reached the interview stage, an LCD projector was used to put questions on a screen. That was in 2005 and 2006 when he was 100% deaf. ENT doctors in Delhi's RML Hospital, where he had his cochlear implant, have certified he has a 100% permanent hearing impairment, discounting the implant done by its own doctors which has now helped him hear.

The ENT doctors' board of Sawai Mansingh Hospital in Rajasthan, his home state, constituted to assess Maniram's hearing, has said that audiometry and other specific tests are required to assess hearing in a patient with a cochlear implant. And these were not available in the institute.

Dr J M Hans, former head of RML's ENT department, who conducted the surgery on Maniram says that the only way to measure the hearing of a person with cochlear implant is with an instrument called electrical BERA or "brainstem evoked response audiometry", which is not available in any government hospital. "The government ought to allow the test, which is available in the private sector, to be used by candidates," he says.

Dr Han's observation raises another question - if this instrument is not available in government hospitals, including RML, how did the doctors measure Maniram's hearing loss as over 70%?

Maniram is from Badangarhi, a remote village in Alwar district, which doesn't even have a school. He started losing his hearing at the age of five, becoming totally deaf by nine. His parents, both illiterate farm labourers, could do little to help. Yet, Maniram continued trudging to the nearest school, 5 km away and cleared class 10 standing fifth in the state board examination and cleared class 12 ranking seventh in the state board.

In his second year in college, he cleared the Rajasthan Public Service Commission (RPSC) examination to become a clerk-cum-typist. He studied and worked during his final year and topped the university in Political Science. He went on to clear the NET (National Eligibility Test). He then gave up his RPSC job and became a lecturer. Not satisfied with that, he became a Junior Research Fellow and completed his Ph.D in Political Science during which time he taught M Phil and MA students in Rajasthan University.

Having completed his Ph.D, Maniram got through the Rajasthan Administrative Service (RAS) and while in service he started trying for the civil services. Will his efforts be in vain?

Recognise "sexual orientation" as a source of discrimination-asks NLS

The high court of Delhi may have decriminalised the sex between two consenting adults of same sexes and Supreme Court of the nation also may have indicated that it is in favour of the High Court's well reasoned order, the social taboos, moral brigade & attitudes in general continue to discriminate against those with different sexual orientations than the majority.

Same is the case with people with HIV status, those cured of leprosy. Social attitudes are often difficult to change. Continuous education and acceptance by the young brigade is the only solution. We see that people with different sexual orientation face discrimination at workplace too though their orientation may not be relevant to their work or productivity!

Therefore, now the National Law School has asked the Centre to recognise "sexual orientation" as a source of discrimination against which there should be statutory protection. Our constitution and central laws already provide that there could be no discrimination on the grounds of religion, sex, caste, language, disability, descent, place of birth, residence and race among others. The Persons with Disabilities Act already covers such a protection that there could be no discrimination on the grounds of disability in any matter - be it education, employement, housing or otherwise.

Besides Sexual orientation, the EOC is also looking at adding pregnancy, gender identity, occupation, skin colour, political opinion and age also the grounds of discrimination!

I hope such a move in form of an enactment will give strength to the equality among all citizens of this country including those with diversities, though a large section of our political class and soceity is still divided ! Can we let the life prevail?

regards

SC Vashishth

Here is the news from Time of India, To read from source- Click here

NEW DELHI: The move towards legitimising "gay rights" seems to be getting stronger by the day.

After the Delhi High Court order decriminalising homosexuality, the National Law School has asked the Centre to recognise "sexual orientation" as a source of discrimination against which there should be statutory protection.

The law school wants the Centre to put "sexual orientation" in the list of `grounds of discrimination' requiring safeguard in the Equal Opportunities Commission. S Japhet, director of Centre for the Study of Social Exclusion and Inclusive Policy in the Bangalore school, told TOI, "There have been studies to show that sexual orientation of gays leads to discrimination in employment."

The proposed EOC is an ambitious move to redress the discrimination against social groups in employment, education and housing. These three domains are most plagued by prejudices, be it based on religion, caste or race. It is to be seen if the Centre obliges the law school by moving on its request. An explicit step to bar discrimination on a person's "sexual orientation" will be a big step in legitimising gay rights. The EOC, in the nascent stage of evolution, is likely to be empowered to take a complaint from a group to question the private and public enterprises in question. It would mean that any move to keep gays out of a workplace or a housing colony or an educational institution would invite the intervention of the`discrimination watchdog'.

The N R Madhava Menon committee, which drew up the details of EOC, shortlisted grounds on which discrimination should be prohibited. It includes prejudices based on religion, sex, caste, language, disability, descent, place of birth, residence and race among others. While the committee has said that the list could be kept open to accommodate more grounds in future, the law school has asked minority affairs ministry to include "sexual orientation, pregnancy, gender identity, occupation, skin colour, political opinion and age" in the purview of EOC. Besides `sexual orientation', the law school has also asked the Centre to list a bar on certain "food preferences" as a form of discrimination. It said, "Discrimination based on food preference, when it has a disproportionate impact on a deprived group, should be expressly provided as an instance of indirect discrimination." Sources said the demand from the reknowned institution will test the Centre on branding these contentious issues as forms of discrimination given the divided political opinion. Its acceptance would be tantamount to forcing organisations against "gays" into accepting them.

Home delivery: Doctor at the door - a boon for Rural India

Dear Friends,

Health is a state subject and States are independent to frame policy and create systems to provide health care to their citizens. However, the concept of Mobile Hospitals/Mobile Clinics can be successfully used in remote areas where the people have difficulties reaching the district hospitals located far away due to mobility impairments, inaccessible road or terrain or lack of proper public transportation.

This article on health in "Inspired India" provides a very constructive solution to the alarming issues of health, child mortality and pregnancy deaths. The mobile medical units can be really good ways to connect the rural India with the Health Map. And the estimates show that this would be far cheaper than creating permanent PHCs Buildings and posting nurses and doctors permanently who often do not wish to join and explore every opportunity to move away rather than stay there to serve people.

Often lack of medical facilities are the main causes that keep people away from their routes, especially the retired people who want to go back to their native villages and live peacefully in the less polluted and close to nature rural environment. But they are compelled to live in cities in the hope of better medical facilities. These mobile clinics can make a large difference to the lives of such people thereby reducing burden on city hospitals and also the burden on the city infrastructure.

Its for the states to react now. Its irony that even after a so many years after independence and given the pace of development in India, many Indian villages do not have electricity and basic civic facilities and where 53 per cent of all births are unattended. Need is to act smart and fast.

regards
SC Vashishth
Click here to read from the source

Home delivery: Doctor at the door- Hindustan Times

Dear Friends,

Through 93rd Constitution Amendment in 2001, the Indian Parliament had made the right to education a fundamental right, but it took the Central Government over eight years for all stake-holders to agree to an enabling legislation --- the Right of Children to Free and Compulsory Education Bill, 2008, known simply as the Right to Education Bill.

The Rajya Sabha on Monday unanimously passed the Right of Children to Free and Compulsory Education Bill 2008, making it obligatory for the government to provide free and compulsory education to every child in India between the ages of six and 14 years.

The Bill now is all set to go to the Lok Sabha. I am surprised that in a country like India, it takes 8 eight years to pass an enactment to ensure a fundamental right guaranteed by the Constitution. Is it because it was brought out by the then NDA Govt? And that had this been done earlier, the credit would have gone to the NDA & BJP? Such enabling legislation should be above party politics and loosing out on such opportunities can only be detrimental to the growth of the nation. Rightly says the Human resources development minister Kapil Sibal, "We are sitting on a great opportunity. We need to grasp it. If we lose it, the consequences will be disastrous."

Highlights of the bill

• 25% seats to weaker sections
• Does away with capitation fees charged by pvt schools before admisison.
• No screening procedure of child or parent for admisison.
• Creation of Child Right panel to look into grievance of parents against schools.

Its importance for a child with disability
Once parliament passes it will be a fundamental right of the child and any impediment like finance or procedures etc can be of no significance. However, as disability rights activists, we need to look at it from the perspective of education of chidren with disabilities in an non-exclusionary and inclusive set up with appropriate reasonable accommodation to provide a congenial atmoshphere for studies and learning.

Click here to read from source Hindustan Times

RS approves Right to Education Bill

A Bill providing for free and compulsory education as a fundamental right of children in the 6-14 age group – a flagship programmes in the 100-day agenda of the UPA government – was passed by Rajya Sabha on Monday.

The Parliament had made the right to education a fundamental right through the 93rd Constitution Amendment in 2001 but it took the Central government over eight years for all stake-holders to agree to an enabling legislation --- the Right of Children to Free and Compulsory Education Bill, 2008, known simply as the Right to Education Bill.

The Bill was introduced in Rajya Sabha in December 2008 and referred to a parliamentary standing committee. It was taken up for discussion after the government had examined the committee’s report.

The Bill earmarks 25 per cent seats to weaker sections in schools, seeks to do away with the practice of schools taking capitation fees before admission, subjecting the child or parents to a screening procedure and giving powers to child rights panels to look into grievances of parents against schools.

On reservation in schools, Human Resource Development Minister Kapil Sibal said it would be up to the states to implement the policy of reservation in admissions. School education is a state subject.

The ministry estimated that Rs 2.28 lakh crore would be required in the next seven years to implement the Constitutional obligation.
Responding to members’ concern on the financial requirement, Sibal said a group was on the job and would provide inputs to the 13th Finance Commission before completion of its term in October this year.

“Once Parliament passes it, it will be a fundamental right of the child. There is no way in the world that we will not have finances,” Sibal said.

You might be tried under Criminal Law if you call a disabled person on his disability!

Dear Friends,

This seems to be a path breaking development and Shri D N Chowdry deserves accolades. In order to ensure dignity and respect as equal citizens of this country to the persons with disabilities, Maharashtra State Legal Commission has submitted a report recommending that insulting a person with disability for his disability should be considered as a Crime under Criminal Law and be punishable.

An overall welcome move

This is a welcome move as even today people with disabilities are discriminated against; called by their disability not by their name, especially in rural and underdeveloped areas and not given their due rights which the Indian Constitution guarantees them.

Such recommendations if enacted as an enforceable law can change the ground situations entirely. Any such law is actually a great level player for marginalised segments and gives them a ready tool to enforce their equality and rights on society if the society lags behind in accepting them as equal partners deserving equal dignity and respect. This is on the lines of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 that was enacted to instill a confidence and to stop and prevent atrocities against dalits. Proponent of Dalit Rights term this Act as an important milestone in their fight for equal rights in independent India.

Why not insert such provisions in the Persons with Disabilities Act?

I also feel, we Indians are so proud to enact a number of laws and then carrying them on our back without any implementation mechanism. The existing central law like The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), 1995 are yet to be implemented in full letter and spirit. This law doesn't have prevention of atrocities as a separate section but is well covered under non-discrimination clauses, however, without invoking any criminal procedure for failure to implement or for discriminating. Thus if such a clause is added to this Act, the Act can actually become very strong.

Cautious lest the law is abused!

However, such a law in favour of disabled people should be taken up with a caution! We have seen in the recent past that the SC/ST Act has been largely misused against other members of society to settle personal scores and with vested interests and even used in political circles. Recently, the State Congress Chief of UP was got arrested using the provisions of SC/ST Act by Ms. Mayavati, the Chief Minister of UP!! Thus sufficient provisions need to be made so that the law is not misused.

Implement existing laws and UNCRPD

There is an urgent need to see that the existing laws and especially the UNCRPD (UN Convention on the Rights of Persons with Disabilities) that has acquired for force of domestic law after its acceptance and ratification by India, are implemented in true letter and spirit and a strict and time bound mechanism is ensured to see that the rule book prevails to achieve the mandate of these socially equalising enactments.

Warm regards

Subhash Chandra Vashishth

Here is the News: Click here to read from Source

Insult on physical disability could be considered as punishable offence

Correspondent Thursday, July 16th, 2009 AT 10:07 PM

MUMBAI: Insulting a physically challenged person on his disability might soon be considered as an offence which would be punishable. A report submitted by the Maharashtra State Legal Commission to chief minister Ashok Chavan on Thursday emphasised that “insult on physical disability should be considered as an offence.”

The 21st report submitted by D N Chowdry, chairman of the Commission, recommended that insult on physical disability should be considered as an offence and there should be a provision of punishment.

The State government in April 2009 had asked the Commission to make recommendations regarding handicapped act and accordingly a 26-page report was submitted. Chowdry in the report recommends that calling a handicapped person on physical disability, speaking to them with disrespect, insulting on physical disability or abusing on disability as an offence and there should be a provision of punishment,.

Chowdry further said, “It was necessary to recommend that a handicapped person should be treated respectfully in the society. There is no such provision in the prevailing Central Act.”

Leading International Disability Organisation portrays India without J&K!

Dear Friends,
I am shocked to see the attitude of a leading UK based deveopmental organisation called ADD having its branch office in India. I happened to visit its website and I couldn't believe what I saw. It shows an Indian Map minus its head i.e. J&K.

Is this justified by any means ? Should an organisation of such a stature stoop so low? Doesn't this hit us so harshly at our hearts? Can an Indian tolerate this?

May be whole sector need to react. Its on us. What do we want - our integrity and sovereignity or charity cum developmental work at its cost from an offshore organisation. I can not believe that is by mistake. It is purposeful and needs to be rejected and refused. We do not want such organisations to function in India if they do not agree to the stand taken by we the people of Republic of India and its elected Government.

Need your support! I wrote the following mail to its new Director Mr. Sebastian.

To
Dr. Sebastian
Director- ADD
4005, 19th Cross,
Banashankari II Stage Extn,
Bangalore 560 070, India

Dear Mr. Sebastian,

This refers to our telephonic discussion a while ago on the subject.

As I said I am deeply pained that an international developmental organisation of this stature especially working in India has such flaws on its website http://www.add.org.uk/India.asp which no Indian would tolerate.

I strongly object to portrayal of Indian Map in its present form i.e. without J&K. This relates to the integrity and sovereignity of the nation.

I appreciate that you have joined recently and would take time to understand the official work related to the important post that you fill but this matter must be immediately dealt with before it blows up in ugly proportion!

My good wishes to you on joining this august organisation as its Director and hope we have a continuous dialogue on many common areas in disability sector.

Warm regards
Subhash Chandra Vashishth
Advocate-Disability Rights,
New Delhi, India
Mobile: +91 (11)

Finally Railways plan to address access issues at select 1500 railway stations!

Indian Railways have been sitting over the access improvement plans over 10 years now. Several Writ petitions followed, but nothing more than assurances and promises came out. The Indian Railways have now decided to address access issues at some odd 1500 stations now which is nothing but a miniscule in such a vast country.


My Fears

• And mind you, they say that they are doing it not because it is mandated under a binding Central Law called The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 but because of the continuous requests which are being received from the physically challenged people from all over India. What a cruel joke on the 14 year old Legislative Enactment of Indian Parliament!

• If Railways execute the access solutions at the standards at which they are currently doing at many of the stations, I fear whether we will ever have accessibility at Indian Railway Stations and trains !

• As long as you call alternate access ramps, reserved parking slots, low height water taps and accessible toilets to be special facilities, I doubt it would be sustainable! Answer lies in Universal Design! Why can't the stations be designed to be accessible to all based on universal design rather than special access to some.

• Today, in the name of low height water taps, inaccessible taps have been built. Look at the socalled "accessible toilets" at stations. They remain either locked or are inaccessible. Ramps are slippery, there is no platform to platform connectivity. Wheelchairs are not available easilty at stations. Staff is often missing from "May I help you" counters. There is no awarness in the implementing contractors and engineers. What they consider accessible is actually not accessible.

Perceptions about Accessibility Differ from Actual Accessibility


The simple question- do you involve competent consultants and users to ensure that the end product is fault free? Perceptions of accessibility differ from person to person and this subjectivity kills the design and the usage of end product for the end user in absence of uniform universal design standards being adopted.

regards

Subhash C. Vashishth


To read the news in detail click on links:

India Server.com
Times of India
Travel Biz Monitor

An IAS officer, against all odds- Hindustan Times

Dear Colleagues,

A sensitized senior officer can make all that difference that is needed to accommodate the special needs and provide equitable environment to persons with disabilities to perform in education and employment. In the instant case, due a highly sensitized Director General of Academy of Administration, Mr. Sandeep Khanna who happened to serve in Ministry of Social Justice at one point of time and knew the capabilities of blind made all that difference. The DG ensured that the Academy provided an enabling environment to the trainee IAS office who was a person with visual impairment. Thus braille printer, braille translations of the revenue book circular, land Revenue Code and CC (conduct) Rules were provided to make the academy/ educational institution an inclusive set up.

Here is the story of the success of inclusive set up and of course the grit and determination of Krishna Tiwari!


An IAS Officer, against all odds 

Losing his eyesight at the age of 20 could have demoralised Krishna Tiwari. Instead, he decided to proceed with his life according to plan, becoming India’s first IAS officer with a 75 per cent visual disability. Tiwari, whose retina gradually deteriorated, leaving him legally

blind by 2001, is currently finishing his training programme at Madhya Pradesh’s RCVP Noronha Academy of Administration in Bhopal.
In a welcome change, the government is adapting itself to working with people with disabilities, rather than the other way around.

Director General (Academy of Administration) Sandeep Khanna, who has served with the Ministry of Social Justice and Empowerment in the past, made a laptop and screen reader software available to help Tiwari with his training.

The Academy also got a Braille printer and Braille translations of the Revenue Book Circular, the Land Revenue Code and the Civil Services (Conduct) Rules — the Bibles of every revenue officer.

“This is being done as part of a move to have more inclusive education,” said Khanna.

The Academy has also offered the 28-year-old the option of taking the equipment with him when he the training is over, to help him in his work.

It wasn’t always this easy, though.

Tiwari secured the 142nd rank in the Civil Services Examination, 2007, the highest rank ever for a person with a physical disability.

But in August that year, the Department of Personnel & Training told him he was ineligible to join the Indian Administrative Service on three counts: He would be unable to perform his duties as he could not see, he could not read or write and could not walk without help.

Tiwari protested, saying he was adept at handling computers and could walk in a secure area without help.

The matter was referred to the medical board and the objections were waived. In November 2007, Tiwari was finally inducted into the IAS.


Source: Hindustan Times

Can a Blind or Visually Impaired Person work as a Judge / Magistrate ?

Dear Friends,

Blind as a judge? Often I face such questions when I raise the issue that why Visually Impaired lawyers and advocates and fresh law graduates are not being considered for the post of Judges. Is it a systemic apartheid or the apathy of the appointing authorities that they do not find blind to be competent to perform the functions of the Judge and take no measures to ensure that the backlog vacancies are cleared by appropriate methods?

Is there any legal or policy level impediment ?

Mind you, there is no impediment in appointment of a blind as a judge or magistrate or a munsif because firstly the post has been identified by Govt. of India, secondly, there is a reservation to the posts for the Blind too! Then why is it that despite passage of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full participation)Act 1995, Identification of the post of Judge for the blind in the first identification list by Min. of Social Justice and Empowerment, Government of India in 2001 and now the second identification list of jobs in early 2007, there has not been a single appointment on the posts of Judges? I am sure the 3% reservation for the Disabled (read 1% for VH) has remained unfilled all these years and it is almost 14 years now since the PWD Act came in to being. Why is it so?

Any role models ?

I don't say that we have had no role models as yet in India though not in recent times. I hope many of you remember Shri Sadhan Gupta, the Additional Advocate General in Kolkata who remained Advocate General for almost 7 years who was blind but that did not deter him perform his so important and sensitive job effectively nor did the Government think that he was not competent! There have been several examples world over- to name a few Dr. Hans Eugene Schulze from Germany who retired from judiciary a while back.  Recently Justice Zakeria Mohammed Zak Yacoob from South Africa became judge of the Constitutional Court of South Africa despite his blindness and was recently in India advocating the rights of the Visually Impaired in the society and conducted many workshops organised by Disability Rights Initiative (Human Rights Law Network), India.

The reasons for not seeing Blind as Judges.

On one part I feel it is a failure of system which has made no efforts to sensitize the larger population about the abilities of the Visually Impaired in this era of technology and the power of screen reading softwares that has largely reduced the functional impact of visual disability among the trained blind brethren. I am amazed at the newer technology where use of tongue as an eye is being successfully explored!!

Secondly, the poor quality of education and lack of support in early and higher education is majorly responsible for not seeing many blind candidates passing the LLB exams and then appearing for judiciary tests. Even today, we have no trained teachers in Govt. Schools where visually impaired children are admitted in the name of inclusive education and they are merely passed and promoted to next grades without any effective learning. Schools run by NGOs are doing good work but have limitation of resources. A few run with Govt. Grants have many teaching posts vacant for past several years in Delhi alone. This needs immediate attention.

No access to technology and costly gadgets also increases the impact of disability on the students with blindness. The Government should provide computers and other assistive and enabling technology to the Blind to provide them equal opportunities.

Also, until recently, the Public Service commissions and High Courts did not accept blind as eligible candidates due to lack of awareness. I remember Registrar, Andhra Pradesh and PSC Jharkhand refused to provide any reservation to blind in the judiciary posts when we wrote to them to reserve seats for disabled including blind. I have their letters with me! And now I have learnt that there is an attempt on their part to keep the post of judge away from the blind.

In my view, it is the society (through disabling social infrastructure and rigid social mindsets) that disables the persons with disabilities and doesn't accept the competent candidates with disabilities due to age old biases and pre-conceived notions.

Some news to Cheer about - a New role Model!

However, now such ceilings are being broken and I am delighted at the success of Mr. T T Chakravarthy, a practicing lawyer aged 41 years from Vellore to have broken that ceiling, and setting up himself as a role model for several others who are preparing for the same. Congratulation Mr. Chakravarthy! The story is available at link: Tamil Nadu gets its first blind judical officer. In fact, when the case was pending in the court, very interesting arguments were put forward and a serious debate went on with questions such as what is a handicap? Referring to the half a dozen outstation judges, who were on transfer from other states, the lawyers argued that language was a barrier/handicap to those judges, and that they had to take the help of either a co-judge or the court staff for translation or interpretation! What if the blind judge uses the services of an assistant/scribe! The Bench asked as to how would the blind judge look into the eyes of the accused and assess the demeanour, the argument was that it was an old technique as "looks are deceptive now a days." The bench relented finally and allowed the petitioner to write the examinations.

Also there are favourable trends coming from the Courts of Law. February this year Madras High Court allowed Mr. B. Veerakumar, a blind advocate to write the PSC Examination for the Civil Judge. The detailed story could be read at link: HC to the rescue of blind lawyer.

Thus it would be seen that the change has started coming in the way the society perceives persons with disability. I feel it is all the more important that how people with disability particularly those with visual impairments think about themselves.

Reading between the lines

While it might be easier to say that a judge with visual impairment/blindness should be appointed, it should be kept in mind that posting such person even at his own merit on the posts to perform his duties without appropriate assistive devices and making available the necessary gadgets and technology is not going to help any one. On the contrary,  it would be a discouragement and a blow to the high spirits of the person with visual impairment as they may not be able to prove themselves in such a hostile environment. And then the competence of these candidates would be generalized to say that  blind persons are not effective in discharge of duties expected from a judge/magistrate hence they should not be appointed.  Also, if someone is able to somehow do well without government assistance (read- at his own cost), I fear such roles models might collapse under the high hopes that society has from them. The Media which is covering their success in Bold Letters on front pages today will soon highlight the failures too if such support of assistive devices and gadgets was not provided to enable them. This would be in simple terms " Reasonable Accommodation" which will provide them a "level playing field". Now this is their right in light of UN Convention on the Rights of Persons with Disabilities!

Secondly, acceptance and moral support from the seniors and subordinate staff is also needed to assimilate the new entrants in the system. Hence, efforts to sensitize the workforce, especially the assistants, clerks, stenos, other judicial officers, Orderlies should be taken up on priority within departments.

The Road Ahead

We need to overhaul the system that disables.

• We have a ministry called Social Justice and Empowerment, Govt. of India which itself seem to be overpowered with other issues plaguing it like issues of Minorities and Dalits and there is neither time nor expertise to do justice to the subject called disability despite some sensitivities. This calls for an urgent need to create a separate ministry for handling the issues related to the Disabled persons in India or at least a separate Independent Department.
• The visually impaired candidates should be encouraged to take up law as a subject and supported in preparation for their Exams for entering judiciary the way Govt. provides coaching and other supports to the candidates from SC/ST to prepare for IAS and UPSC examinations. NGOs could be roped in for the purpose and Legal Services Authority could also play an active role.
  
• A regular sensitization and awareness raising of the society at all levels and setting more role models from amongst the disabled should be first priority.
• Followed by an affirmative action to implement the existing laws and policies.
• Education, Skill Development and exposure to the latest technology to improve the functional capabilities should be the prime focus.
• People with disability on their part should stop seeking doles and enhance their core competencies to be an equal member in economy.
• The public infrastructure especially the courts, systems should be made accessible to people with disabilities.

How a Blind judge would perform better

• Provide him Talking software and gadgets with a personal lap top.
• The petitions, applications, written statements, replications/rejoinders, affidavit etc should be field in e-format also along with hard copies.
• All evidential documents/ photocopies, even if legible should be compulsorily submitted in typed in double spacing and e-format. This is already being done in High Courts and Supreme Court as the judges are elderly and have low eye-sights!!
• All documents in regional languages can also be either translated in English or Hindi and placed before the judge in print and E-format - as is done in High Courts already!
• The Legal Library attached to the Courts should have e-text version of all the legal books and reference books which the Judge can refer to.
• Similarly Case laws, digests, AIR etc are now a days available in CDs and can be made available to the judges.
  

What is needed is an open mind and then every thing is possible! I am looking forward to days when such a system is put in place and we see Judges with Visual Impairments and other disabilities performing their functions efficiently without any barrier - attitudinal, social, physical or technological!

Warm regards

Subahsh Chandra Vashishth

Advocate,  Consultant-Disability Rights

09811125521

Building a Destination for All, St. John USVI

Check out this SlideShare Presentation:

Building a Destination for All, St. John USVI

View more presentations from MultiDesignForPeople.

Universal Design: The Seven Principles

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Universal Design: The Seven Principles

View more presentations from Scott Rains.

Making The Election Process Accessible to all - an out of box rethinking is necessary

Dear Friends,

Here is my article on making the election process in India accessible to all that I wrote today:

Introduction
India has recently voted in an unprecedented election wherein Indian National Congress emerged as the strongest and the single largest party though with not a clear majority. The overall voting percentage that is being put forward is 50%. I am amazed that despite India being the IT giant, with resources in hand why do we still have to follow the means of the bye gone era where voters lined up for several hours to cast their vote!! I learnt that within my close circle so many couldn't vote. Few travelling, few had official trips & one couple was so old that they couldn't venture out of the house at all. I also learnt from my interaction that all those on poll duty are not able to vote – this includes sizable chunk of teachers and government employees and security forces put on election duty. Their right to vote is denied.

Access at Booths for voters with Disability
On the top of it, our friends in the Disability Sector too, without thinking out of box, campaigned & pressurized and advocated the Election Commission of India to make all the voter booths accessible to voters with disabilities based on a Supreme Court Verdict. That included providing EVMs with braille and ramps to access booths.

The feedback is mixed. At many places especially in rural India, no access was provided in terms of Ramps or braille enabled EVMs while at some places where it was provided, the blind voters did not know the braille!!!!

I am not negating the work, lobbying & successes that we as a sector achieved during this. But to bring home the larger question- Are we giving sufficient choices to our electorate - disabled or not?

Is that the only solution?
Will it suffice and make it accessible to all if we just focused on booths and EVMs in the name of equal rights for the voters with reduced mobility (I include elderly, disabled & those with fractured leg or back, sick and those not able to move out due to any pre-occupation or condition in the definition of reduced mobility) ?

The fact remains that 50% of India couldn't vote. I would say “could not” and not “did not” because the election system is still not friendly to people. I can not vote with comfort still, leave aside those experiencing disability, sickness, busy work schedules or simply have other personal priorities.

Some Solutions
I was just looking at how a multinational bank services its customers. There will always be few who prefer to visit bank and do the transactions – may be due to any reason like illiteracy, bank is closer, not very IT friendly etc. While there are others who use ATMs, Internet Banking for all their transactions, few pay their installments by EMIs and give instructions for payment of utility bills few who give bearers cheques!

To me, this throws ample of examples how voting system could have more choices to facilitate the voting system for the diversity of citizenry. While voting at accessible Booths should continue, more options like email, SMS, (on the lines of phone banking and internet banking), postal ballots should be given to citizens to choose from so that no one is denied his right to vote as a citizen.

For those few who are not able to step out of the houses due to old age or severe disabilities or sickness and yet not friendly with the modern means could be offered choices like the vehicle mounted EVMs (taking clue from mobile ATM Machines) and the same could even go to houses (on the lines of door to door Polio campaign). The voting process can be a week long for those opting email & SMSs and one day for those who physically vote on election booths. It is all the more possible when we have the citizen’s data base on Election Commission’s website, Photo ID cards have been issued and any body can check his data on the internet. Only thing we need to do is relate one email per person for those who are internet savvy. These are just few ideas thrown and I am sure many new could be though out.

Way Ahead
Also, firstly each Indian Citizen entitled to vote should be counted and identified - placing faces to the numbers - with proper identity proofs (biometrics, face recognition, eye recognition software could be used for data base. This would necessarily include identifying voters with disabilities to bring them in to the mainstream. Access to all including those experiencing disability should be an inbuilt feature in all such options.

If we have to become a strong democracy, India has to make enabling provisions that every one irrespective of the situations they are in - busy, out for work, out for wedding, sick at home, caring loved ones in the hospitals, posted at borders as a combatant in forces, experiencing reduced mobility or a disabling condition should be able to vote with equal comforts and with ample choices. I am hopeful that if implemented such ideas could generate 90% turn-out during poll process, for we are a vibrant democracy with maximum young people in the world!

Subhash Chandra Vashishth
Advocate-Disability Rights
09811125521, subhashvashishth@gmail.com

A tuition free university - Standardised Education for All

Dear Friends,

I had always dreamt that education should not be open to buying. Its is something that one should learn and earn by hardwork and practice. Since the time Education began to be bought, it became the necessity to earn money too! Young girls and boys today think of education as means to earn money.

I remember some great hindi poet saying, शिक्षे तुम्हारा नाश हो, तुम नौकरी के हित बनी!

To me education should be open to all irrespective of whether the student is rich or poor. Devi Saraswati should be accessible to all irrespective of his/her economic status. In India, Indira Gandhi National Open University has set new standards in bringing education to the door steps. However, there is a good course fee attached to it.

Can't the Government subsidize this and let the students pay once they pick up a job after the course. It might be utopia as of now. However, UN has something like this in mind and an online tuition free Open University, to me is a great step in that direction. It would not only help in standardizing the education but also make its reach easier and cheaper to those who have time and money constraints. This would also reduced the monopoly of some money focussed institutions on higher education too.

Hope this would also amaze you. But there are some hidden charges still which perhaps need to be sorted out gradually. However, I welcome this as a very positive step.

regards
Subhash Chandra Vashishth

Here is the news: To read from source click here


UN launches online, tuition-free university

The world's first online university will use open-source technology and course material, to bring a high level of learning to its students. Published on 5/20/2009 2:07:54 PMBy Shubhendu Parth

New Delhi: The UN Global Alliance for Information and Communication Technology and Development (GAID) has announced the launch of world's first tuition-free online university.

The university would use open-source technology and course material, alongside peer-to-peer teaching to bring a high level of learning to its students, sources at the United Nation (UN) said.

The initiative, rightly called the University of the People (UoPeople), is part of the agency's focus on education for year 2009 and is aimed at offering higher education to the masses.

"This year the Global Alliance has focused its attention on education [and] how ICT can advance education goals around the world," a GAID spokesperson said. "For hundreds of millions of people around the world higher education is no more than a dream," UoPeople Founder Shai Reshef said pointing out that people are constrained by finances, the lack of institutions in their region, or are not able to leave home to study at a university for personal reasons.

He further stressed that the University will enable people to continue their studies from home and at minimal cost by using open-source technology, open course materials, e-learning methods and peer-to-peer teaching.

"The high-quality, low-cost and global pedagogical model embraces the worldwide presence of the Internet and dropping technology costs to bring collegiate level studies to even the poorest and most remote places on earth," the University claimed on its website.

Reshef further said that in order to open access to as many people as possible, no material requiring broadband connections, such as video, would be used, which would enable people restricted to dial-up connections to follow courses.

And while, he hopes that there would be associated projects to supply computers to those without them, Reshef hoped that people without computers and Internet can still be able access, either through a centralised public computer, an Internet cafe or private machines.

According to sources, while a minimum of 12 years of study is mandatory pre requisite for those seeking admission at UoPeople, students would also need to pass an orientation course in English and computer skills in order to continue on to the major, which would require 40 courses, similar to most undergraduate degrees.

Students will be placed in classes of 20, after which they can log on to a weekly lecture, discuss its themes with their peers in a kind of chat room helping each other understand the material and take a test online.
If students still had problems after discussing the material with their peers, they could go to a course forum where they could consult with academics.Reshef also informed that to fund the University, there would be a sliding scale of fees for admissions and exams—depending on the World Bank's wealth-ranking of each student's home country—from US $15 to US $50 for admission.

Besides, students would also need to pay a processing fee for every test ranging from US $10 to US $100. For the University to sustain its operation, it needs 15,000 students and US $6 million, of which Reshef has donated US $1 million of his own money.

The University also plans to mine much of its course material from courses already made available on the Internet, free of charge, by major institutions like Stanford University in the United States. "However, the term open-use has to be defined carefully to avoid problems," he clarified.

Talking about the initiative Bangladesh's Ambassador to the United States Humayun Kabir and a member of the UoPeople advisory committee said, "The University is an innovation that will be remembered for a long time because of the degree to which it would increase access to higher education around the world."

Election Commission clarifies - Grant can't be stopped in the name of Model Code of Conduct

Dear Friends,



This is in response to my earlier post on "Should Rehabilitation Services come to stand still when Model Code of Conduct is in force ?"

I have been informed by Sh. JL Kaul, Secretary General AICB that our communication and the resonance that your efforts created did work very well!


Election Commission of India has directed the Government of India, Ministry of Social Justice and Empowerment to release grant to NGOs before 31st March and work has already been started.


Mr. Kaul has expressed thanks to all organisations who supported the petition/appeal and also wrote to the Commission directly.


Who says, the reason and strong advoacy doesn't work in India?


Congratulations to the sector and thanks to the Election Commission for their quick and timely resonse.



Warm regards,

Subhash Chandra Vashishth
Mobile: +91 (11) 9811125521

Should Rehabilitation Services come to stand still when Model Code of Conduct is in force ?

Dear Friends,

This is election time and the Election Commission of India has enforced the Model Code of Conduct. We have seen in the immediate past that in the name of Model Code of Conduct, a few Govt. Departments literally refuse to undertake even the routine activities that would not otherwise come under the purview of the the Model Code of Conduct more so when any of such activities are not related to promoting or giving benefit to any political party. We had seen similar stance taken by a senior Govt. Official in Tamil Nadu in refusing to restore the extra time facility in the government exams to Visually Impaired students.

We are faced with another typical problem that many of your organisations might be facing. This is regarding Grant in aid being received by many Organisation in Disability Sector for their projects from the Union Ministry of Social Justice & Empowerment under the Ministry's regular scheme titled "Deendayal Disabled Rehabilitation Scheme for the Persons with Disabilities"

This scheme is not a special or discretionary grant and a large number of education & rehabilitation services are run with these grants by NGOs in absence of any Govt. owned set up to run similar programmes. Thus this becomes a regular service to the community which can't and should not get affected due to Model Code of Conduct.

By any prudence, the educational, vocational and rehabilitation services to the persons with disabilities can't come to stand still because there is a model code of conduct in force! Thus this is the right time that the issue is taken up with the appropriate authority i.e. the Chief Election Commission of India and in the States if such issues are being faced by other NGOs also in the other parts of the Country.

AICB, has initiated such an exercise and I would appeal all those who are affected by similar dilemma, to take recourse to similar exercise to restore this right to the persons with disabilities that they work with. Appended below is the appeal letter written to the Chief Election Commissioner by All India Confederation of the Blind which can be taken as reference point by the affected organisations.

Regards,
Subhash Chandra Vashishth



Appeal Letter

Ref:-AICB/G-1/2009 16th March, 2009

The Hon’ble Chief Election Commissioner,
Government of India ,
Nirvachan Sadan, Ashoka Road ,
New Delhi-110001.

Sub:- Non-release of Government-grant-in-aid to disability NGO’s—Code of Conduct Regulation—relief solicited.

Sir,

1) We wish to bring to your kind notice that disability NGO’s like ours are faced with a genuine and serious problem of non- receipt of funds which has arisen, albeit in advertently , due to the moral Code of Conduct currently in force.

2) The specific problem is explained below and we write to request you to take into consideration our special situation and grant us necessary relief.
3) Disability NGO’s receive grant-in-aid for their projects from the Union Ministry of Social Justice & Empowerment under that Ministry’s regular Scheme titled “Deendayal Disabled Rehabilitation Scheme for the Persons with Disability”. These are not special or discretionary grants, but are offered on a regular basis and cover such crucial items as payment of staff salaries, meeting the cost of board and lodging for disabled children/adults, Braille books, equipments etc. This is an on-going Scheme.

4) Unfortunately, the Ministry releases grants under the Scheme only towards the end of February/March for covering annual expenses, as per specified sealings. We are, now, given to understand that the Ministry cannot even process grant-in-aid Cases, let alone sanction/release grants under the said Scheme even for on-going projects, at this juncture, since the moral Code of Conduct has come into force, subsequent to the announcement of Lok Sabha Elections. This seriously hurts the functioning of NGO’s like ours, since it makes extremely difficult for us to continue our welfare activities for want of funds. Hence, we request you to come to our rescue.

5) We do realize that the Code of Conduct, too, thus prohibit release of funds to preempt the possibility of giving rise to malpractices. At the same time, the interests of disabled children/adults we serve in accordance with the mandate of a welfare State cannot also be compromised/sacrificed.

6) In view of the foregoing, it is our humble submission that the concerned Ministry may be allowed to process related Cases and release grant-in-aid this month itself(before the close of the financial year) on the basis of the following formula:

a) No new projects may be assisted while the Code is on;
b) However, grant-in-aid may be allowed to be released for on-going activities, which have been assisted by the Ministry for preceding three years;
c) The grant to be released may be the same as released during the preceding year i.e. 2007-2008;
d) Any under-payment/over payment may be adjusted in the coming year.

We need hardly add that the Election Commission of India would earn the gratitude of thousands of disabled children/adults by acceding to our above request which would save them from untold hardships, which might otherwise result from possible break-down of services.

Thanking you and hoping to a favorable response.

Yours truly,

(J.L. KAUL)
SECRETARY GENERAL, AICB, Delhi

After Public Outcry MCD now denies that they had any plans to replace schools with malls!!!

Dear Friends,

After the public outcry, now MCD denies of having any plans ... contrary to the statements of their senior officials including the Chairman of the Education Committee to the media. Chief Minister Dixit writes to the L.G. to intervene.

Here is the link:
http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMDkvMDEvMDMjQXIwMDQwMQ==&Mode=HTML&Locale=english-skin-custom

regards
Subhash Chandra Vashishth


MCD denies it had any plans to auction schools
Nitin Sethi & Ruhi Bhasin TNN

New Delhi: MCD on Friday sought to deny that it was planning to sell vacant schools for developing malls, banquet halls and shops, but a presentation — ‘Proposal on property development for vacant school premises’ — gives the game away entirely.

As a red-faced MCD brass issues disclaimers, the civic body’s plans are encapsulated in the view “Ideate, develop and suggest creative concept for utilisation of school premises” laid in the presentation, a copy of which is with Times City. The presentation advocates that commercially viable ‘vacant’ schools be sold while those in prime areas be turned into community halls and other non-business centres.

Stung by the premature disclosure of the controversial plan, MCD’s standing committee chairman Vijender Gupta claimed, “MCD has no plans to auction or sell its primary school premises to bolster its finances or for any other reason. The civic body is against auctioning or selling its schools.” Municipal commissioner K S Mehra also denied any such proposal was under consideration.

The denials fly in the face of documents with TOI as well as the statement of the chairman of education committee, Prithvi Raj Sawhney. Sawhney had told TOI on Wednesday, “We have identified 60 schools... while 45 such schools will be used by other departments under MCD... we are planning to auction 15 of them for commercial use since we do not require them.”

Sawhney, in an interview to a Hindi TV channel on Wednesday, also said, “Malls bana sakte hain, shopping centre bana sakte hain, koi bhi commercial activity. Lekin hum sare schools ki baat nahin kar rahe, kuch school bahut chhote hain, un jagah par community centre nahin hain, to who demand ayegi to centre ban sakte hain (Even malls or shopping centres can come up; any commercial activity can take place. But we are not talking of all schools. Some schools are too small, in those places if a demand for community centre arises, we will make them).” Take the 3,158 sq metre primary school in Karampura A Block that MCD wanted to break down. MCD’s internal presentation noted it was closer to commercial areas and easily accessible therefore it should be turned into a centre for retail and offices. On Ajmal Khan Road, a 1,000 sq metre plot school is recommended to be turned into the high-end boutique Gold Souk with multi-storeyed parking lot as there are other small jewellery shops in the neighbourhood. The 2,548 sq metre plot in R K Puram was to become a 3-star guest house with a minimum of three rooms for MCD and a conference hall. MCD’s proposal noted that the project “shall become good revenue generation opportunities for MCD” and “shall be lucrative enough for BOT system”.

The only premises MCD was considering for non-commercial purposes are those which would not fetch much. Such as the school in Karol Bagh that MCD noted was ‘trapped’ by residential properties with a very poor approach so should be turned into a vocational training centre to be adopted by FICCI or other apex trade body. The presentation was made in October 2008 to run these on Build-Operate-Transfer basis. By December, when TOI accessed fresh documents, the list had been expanded, as per MCD officials’ own admission to 60 schools of which 15 would be ready for grabs soon. Meanwhile, the chief minister has written to th L-G asking him to intervene in the matter. toireporter@timesgroup.com