Tuesday, October 23, 2012

New 1100 DTC Buses being bought by Dehi Govt will be inaccessible!

Dear Colleagues, 


The Delhi Cabinet has cleared purchase of 1100 high floor buses (I do not call them standard floor buses since modern Low Floor is the standard for the persons with disabilities!)



"Currently, DTC has 5,667 buses, out of which 3,781 are modern low-floor buses, purchased over the last five years. “The remaining 1,886 buses are obsolete,” said a senior Delhi government official. 



We were waiting these buses to go away from the Delhi roads to be replaced by the standard low floor buses so that the entire fleet could boast off to be accessible and disabled friendly. However, this sudden decision of the Government of Delhi to replace the rickety old high floor buses with new high floor buses is not reason for us to be happy. These buses from day one are useless, obsolete, inaccessible and disabled unfriendly, hence not welcomed.



It would be prudent on the part of the Government of Delhi to consider replacing these old buses with low floor only so that we achieve an aim of inclusive and barrier free society that provides its services based on universal design of products and not on exclusive designs for various segments. I find no alternate to this given the fact that all our pedestrian infrastructure and the bus q shelters in Delhi are built keeping the low floor bus as the standard to allow easy access to all. 



The disability sector could have agreed to even high floor buses provided the corresponding street infrastructure especially the boarding and de-boarding points are made in tune with the high floor and that the bus allows easy access to the disabled. This may only happen in a dedicated BRT system where the height of new bus q shelters may be kept accordingly. However, this doesn't seem to be the planning of the Government. 



We are raising our voice against this decision. The Government must think of promoting inclusive cities to realize the mandate of UNCRPD and stop taking arbitrary decisions that exclude the disabled and the elderly from its urban and transport planning.



The city is already troubled with the high foot paths being built by the PWD after the maintenance of roads was taken away by the Delhi Government from the MCD over the later's inaction.



Below is the coverage from Indian Express:






New Delhi, Tue Oct 23 2012,


With the Delhi Cabinet clearing the way for the purchase of 1,100 standard-floor CNG buses, the Delhi Transport Corporation (DTC) will start the process of replacing obsolete vehicles in its fleet. The new buses will cost the Delhi government around Rs 330 crore and will be purchased through a global tender.


Following a meeting of the Delhi Cabinet on Monday, Chief Minister Sheila Dikshit said the government was taking steps to improve public transport in the city. “There is an urgent need to replace 1,886 standard-floor buses, which have completed their prescribed life for economic run,” Dikshit said.



She said the plying of such buses was causing loss to DTC and affecting its image.



The buses will be purchased with maintenance for 7,50,000 km or 12 years of operations, whichever is later. “The buses will be purchased through a global tender. In the DTC fleet of 5,667 buses, 3,781 are low-floor variants while the remaining 1,886 are obsolete and hence not dependable,” Dikshit said.



She said the new non-AC buses would be purchased at the earliest.





WCAG 2.0 is now ISO/IEC 40500:2012 International Standard

Dear Colleagues,

A welcome news for all of us. The World Wide Web Consortium (W3C) and the Joint Technical Committee JTC 1, Information Technology of the International Organization for Standardization (ISO) and the International Electro-technical Commission (IEC), announced approval of the Web Content Accessibility Guidelines (WCAG) 2.0 as an ISO/IEC International Standard (ISO/IEC 40500:2012).

“This important accessibility standard, which is already widely deployed internationally, can now benefit from additional formal recognition from ISO/IEC national bodies,” noted Jeff Jaffe, W3C CEO. “Such recognition is expected to increase internationally harmonized uptake of WCAG 2.0 by governments, business, and the broader Web community.”

“ISO/IEC JTC 1 is very pleased to bring on board this most important of W3C accessibility standards, given the increased interest in accessibility among JTC 1 National Bodies in recent years,” said Karen Higginbottom, Chair of ISO/IEC JTC 1. “We also expect that ISO/IEC recognition will encourage greater convergence around WCAG 2.0, further driving development of supporting tools and software.”

International Harmonization of Accessibility standards benefits all

WCAG 2.0 has been adopted or referenced by many governments and organizations. Following the passage of the United Nations Convention on Rights of Persons with Disabilities, an increasing number of countries have been seeking solutions to address their treaty commitments for information technology accessibility for people with disabilities.

“The ISO/IEC imprimatur increases the avenues for adoption of W3C technology and guidelines,” noted Judy Brewer, Director of the Web Accessibility Initiative at W3C. “In some countries, policies require that nationally adopted technical standards must be ISO/IEC. Formal approval by JTC 1 of WCAG 2.0 will increase deployment, reduce fragmentation, and provide all users with greater interoperability on the web.”

WCAG 2.0 was first submitted to the ISO/IEC JTC 1 process for Publicly Available Specifications (PAS) in October 2011. W3C has been an approved JTC 1 PAS Submitter since November 2010, and is one of nine organizations that are currently approved. To learn more about W3C and the ISO/IEC JTC1 PAS Submission process, see the W3C PAS FAQ and the JTC 1 website.

WCAG 2.0 is a stable standard with extensive supporting resources

As an ISO/IEC JTC 1 Standard, WCAG 2.0 is now also available from ISO/IEC, while it remains a stable international W3C standard with extensive supporting resources. JTC 1 recognition neither changes nor supercedes the existing standard, which remains freely available from the W3C website along with multiple W3C authorized translations of WCAG 2.0.

W3C provides a number of supporting resources for managers, developers and policy-makers, in addition to the WCAG 2.0 standard, including WCAG 2.0 Overview,WCAG 2.0 at a Glance, How to Meet WCAG 2.0: A Customizable Quick Reference, Techniques for WCAG 2.0, and Understanding WCAG 2.0.

For more information, visit www.w3c.org

Monday, October 15, 2012

RTI to surmount mindsets and expose graft: Shobu Ram, visually challenged activist from HP


Dear colleagues,

Shobu Ram's long journey to  restore the rights of the visually challenged in the state of Himachal Pradesh saw him use RTI effectively to the expose several scams and irregularities that perpetrate injustice on the disabled brethren in the state. Himachal has taken several steps, however, there is a long way to go still.


Visually challenged man wields RTI to surmount mindsets, expose graft

Shobhu Ram, a prominent activist from H.P., uses the Act to empower others of his ilk in his State

Shobhu Ram can be mistaken for just another visually challenged person, who also works as an announcer in the Himachal Pradesh Road Transport Corporation, but beneath the veneer lies a strong fighter for the rights of the disabled in general and for the rights of the visually challenged in particular. Mr. Ram is a prominent activist who is using the Right to Information Act 2005 to empower everybody like him in Himachal Pradesh.

He was part of the delegation of activists who represented Himachal Pradesh at the two-day 7th annual convention of the Central Information Commission (CIC) that culminated on Saturday.

By using the RTI Act, Mr. Ram has exposed several loopholes and cases of corruption in the implementation of government schemes for the visually challenged. For instance, he filed RTI queries and brought out documents which showed that there are a series of cases where people who were not visually challenged got the medical certificate of being “blind” and subsequently got employment in the reserved category of “visually challenged.”

Out of around 700 grade II and III jobs reserved for the visually challenged in Himachal Pradesh, only 447 have been filled, revealed the State government response to another RTI query by Mr. Ram. Interestingly when he accessed the employment documents of the 447, it turned out that at least 300 did not have the educational and medical records to support their visually challenged claim.

“I am going to register a complaint with the State Disability Commission about this fraud going on in the State,” says Mr. Ram, who formed the “Blind Persons Association” in 1998 to fight for the rights of the visually challenged.

Mr. Ram thinks that the Act can be used to ensure that the marginalised get their due rights but says that even after seven years of the Act being in force, it has not been properly utilised. The law also needs to be sensitive to the disabled and visually challenged, he says.

“How are we supposed to read the documents which the public authorities provide me as answers to my RTI query?” he asks, suggesting that the visually challenged should be provided with RTI answers and other documents in Braille script.

Asking the CIC to take cognisance of their special needs, Mr. Ram argues: “The ideal situation is that everybody has a computer and scanner with speaking software but at present that is not the case.”

Asked about the behaviour of the State agencies and public institutions in Himachal Pradesh, Mr. Ram, who is the first journalism graduate of his State, says the general pattern is that of “extreme indifference.” He puts his own example as a case in point.

When he applied for the post of the District Public Relations Officer in 2010, he cleared the written stage. But he was rejected by the panel in the interview round even though he was the only candidate for the post reserved for the visually challenged.

Ajai Srivastava, who is an activist working on disabled rights and whose organisation “Umang Foundation” collaborates with “Blind Persons Association” on a variety of issues, says: “You fight for your rights not with people but with mindsets. The usual view plaguing the State departments is that a 100 per cent blind [person] cannot work. So they somehow or other reject them in a competition for a job.

Friday, October 12, 2012

उच्चतम न्यायालय ने हमें सूचना आयुक्त की मनमानी से मुक्ति प्रदान कर दी है.

साथियों,


हमारे मित्र श्री कृष्णराज राव द्वारा भेजे गए लेख तो आप सब की जानकारी हेतु नीचे प्रस्तुत कर रहा हूँ। आशा है कि हमारे आरटीआई कार्यकर्ता और जानकारी चाहने वाले  इससे लाभान्वित होंगे! 

सप्रेम 
सुभाष चन्द्र वशिष्ठ 


उच्चतम न्यायालय ने हमें सूचना आयुक्त की मनमानी से मुक्ति प्रदान कर दी है.



मुंबई, 17 सितम्बर 2012: 13 सितम्बर 2012 का दिन सभी आरटीआई कार्यकर्ताओं और सभी नागरिकों के लिए एक उत्सव का दिन हैक्योंकि उच्चतम न्यायालय ने हमारे रास्ते की सबसे बड़ी बाधा को दूर कर दिया हैअर्थात केंद्रीय और राज्य सरकारों की सूचना आयुक्तों के रूप में सेवानिवृत्त नौकरशाहों की नियुक्ति करनेयानी उन स्थानों में अपने स्वयं के व्यक्तियों को रखने की प्रवृत्ति कोन्यायमूर्ति स्वतंत्र कुमार ने नमित शर्मा बनाम भारतीय संघ के मुक़दमे के ऐतिहासिक फैसले में स्पष्ट रूप से निर्देश दिया है कि सभी सूचना आयोगों कोएक अच्छी कानूनी पृष्ठभूमि वाले न्यायिक सदस्य के साथ व्यक्ति के साथद्वि-व्यक्ति बेंचों के रूप में कार्य करना आश्यक हैराज्य सरकारों और केंद्र सरकार के लिएनियुक्ति से कम से कम तीन माह पहले विज्ञप्ति देने के बादऔर शेष प्रक्रिया का अनुपालन करने के बादसूचना आयुक्तों के उचित चयन के लिए नियम बनाना भी अनिवार्य कर दिया गया है.


इस अत्यंत दूरगामी फैसले में, उच्चतम न्यायालय ने स्वयं के अंतर्गत अर्धन्यायिक निकायों के रूप में सूचना आयोगों को स्वामित्व में लिया है, न कि नौकरशाहों के लिए सेवानिवृत्ति गृह के रूप में. "हम मानते हैं कि यह कानून का एक निर्विवाद प्रस्ताव है कि आयोग न्यायिक और अर्धन्यायिक प्रकृति के कार्यों को करता हुआ और न्यायालय से सम्बन्ध रखने वाला एक न्यायिक प्राधिकरण' है. यह एक महत्वपूर्ण दांता है. यह उन मंत्रिमंडलीय न्यायाधिकरण के विपरीत है, जो प्रशासन की प्रणाली से अधिक प्रभावित और नियंत्रित है और प्रशासन की मशीनरी के समान कार्य करता है,” ऐसा निर्णय में कहा गया है.
Translated into Hindi by Supriya Deshpande <honyakuremedies@gmail.com>

आज सूचना प्राप्त करने वाले के लिए, सबसे बड़ा भय यह है कि सभी राज्यों में और केंद्र में अधिकांश सूचना आयुक्तों का स्वयं तक सीमित कानून है, ऐसे आदेश देते हैं जिनके कानूनी तर्क कमजोर होते हैं या फिर कोई तर्क नहीं होता. वे उन जन सूचना अधिकारियोंसे सख्त व्यवहार नहीं करते, जो लगातार जानकारी देने से मना करते हैं. सूचना आयुक्त स्पष्टत: ऐसे अतार्किक और अवैध द्वितीय-अपील आदेश जारी करते हैं जिससे सूचना प्राप्त करने वाले को किसी भी प्रकार की कोई राहत नहीं मिलती! इस प्रकार, सूचना का अधिकार अधिनियम, जो नागरिक को समय पर और सही सूचना की गारंटी देता है,असफल हो जाता है.
"इस निर्णय का एक प्रतिकूल परिणाम यह है कि सभी सूचना आयोगों ने कार्य बंद रखना होगा, जब तक कि न्यायिक पृष्ठभूमि वाले सदस्यों की नियुक्ति नहीं हो जाती. वर्तमान मुख्य सूचना आयुक्त के कार्यकाल की समाप्ति के बाद, कोई गैर-न्यायिक विशेषज्ञ कभी भी मुख्य सूचना आयुक्त के रूप में नियुक्त नहीं किया जाएगा. अतः इस फैसले से सभी सूचना आयोगों के सभी कार्यों में रूकावट की सम्भावना है, जब तक बेंच के गठन के लिए मापदंड पूरे नहीं हो जाते," सीएचआरआई के वेंकटेश नायक(nayak.venkatesh@gmail.com, 9871050555) ने टिप्पणी की. भय है कि सूचना आयोगों के कार्यों को कुछ महीनों के लिए एक पक्षघात (paralysis) हो जाएगा. "जब तक नई नियुक्तियां की जाती हैं, पीआईओ और एफएए खुशी से मामलों को स्थगित कर सकते हैं.सूचना का अधिकार अधिनियम के लिए, देश भर में अगले कई महीनों के लिए ऎसा रुख हो सकता है", वेंकटेश नायक लिखते हैं.

हालांकि, कुछ ही आरटीआई कार्यकर्ताओं ने वेंकटेश नायक की निराशा में साथ दिया है.RTIIndia.org, आरटीआई कार्यकर्ताओं की अग्रणी ऑनलाइन हब, के मुख्य सभापति सी जै करीरा (cjkarira@gmail.com, 9848203583) उत्साहित हैं. "यह बिलकुल वैसा ही आदेश है जिसके लिए देश भर में सभी आरटीआई कार्यकर्ताओं ने प्रार्थना की है" करीरा भावविभोर होकर कहते हैं. "मुझे लगता है कि यह हमारे लिए शैंपेन की बोतलें खोलने और सड़कों में जश्न मनाने का समय है, क्योंकि किसी भी अस्थायी देरी के बावजूद, बुरे आदेशों के साथ आरटीआई अधिनियम को जानबूझकर तोड़मरोड़कर पेश करने वाले बाबुओं के दिन समाप्त हो गए है."


उच्चतम न्यायालय के आदेश की प्रतिलिपि देखें जहां निर्देशों को हाईलाइट किया गया है:http://tiny.cc/SC-Judgment-CIC-SIC-Appt

आदेश में खूबसूरती से तर्क दिया गया है, और यह सभी आरटीआई कार्यकर्ताओं के दिलों में अपार आनंद प्रदान करेगा.

मुख्य बिंदु :
1) यह निर्णय सूचना आयोगों के सदस्यों के रूप में अनिवार्य रूप से सेवानिवृत्त न्यायाधीशों की नियुक्ति करता है.
2) सभी राज्यों में और केंद्र में, मुख्य सूचना आयुक्त का पद सेवानिवृत्त न्यायाधीशों के लिए आरक्षित हो जाएगा.
3) सभी बेंच द्वि-सदस्यीय- एक न्यायिक विशेषज्ञ और एक गैर- न्यायिक विशेषज्ञ होने चाहिए.
4) सरकार को नियुक्तियों की प्रक्रिया में भ्रम और मनमानेपन की स्थिति को हटाने के लिए कानून की धारा 12 और 15 में संशोधन करने की सलाह दी गयी है. वेंकटेश नायक लिखते हैं, "क़ानून में परिवर्तन की सलाह देना न्यायालय के लिए एक दुर्लभ बात है,लेकिन उन्होंने इस बार ऐसा किया है.उच्चतम न्यायालय ने कहा, "विधायिका के लिए अधिनियम की धाराओं 12(5), 12(6) और 15(5), 15(6) के प्रावधानों में संशोधन करने की परम आवश्यकता है. हम देखते हैं और आशा करते हैं कि किसी भी अस्पष्टता या अव्यवहारिकता से बचने के लिए और इसे संवैधानिक जनादेश के अनुरूप बनाने के लिए इन प्रावधानों को विधायिका द्वारा जल्द से जल्द संशोधित किया जाएगा.वर्तमान में,अस्पष्टता को, राज्य सरकारों द्वारा नौकरशाहों और उनके चहेतों की पक्षपातपूर्ण नियुक्तियां करने के लिए इस्तेमाल किया जा रहा है.
5) सूचना आयुक्तों की मनमानीपूर्ण और अवैध आदेश जारी करने की प्रवृत्ति से निपटने के लिए, न्यायालय ने कहा है सभी सूचना आयुक्त उच्च न्यायालयों तथा उच्चतम न्यायालय और सूचना आयुक्तों की बड़ी बेंचों की तुलना में पूर्व-निर्णयों के सिद्धांत हेतु बाध्य हैं.वेंकटेश ने कहा "अच्छी बात यह है कि यह सिद्धांत समान शक्ति वाली बेंचों द्वारा दिए गए पूर्व निर्णयों का विस्तार नहीं करता".
6) उच्चतम न्यायालय ने निर्देश दिया है कि केन्द्र सरकार और/या सक्षम प्राधिकारी को छह महीने की अवधि के भीतर सभी सूचना आयोगों को कानून के बुनियादी नियमों के अनुरूप और प्रभावी रूप से कार्यशील बनाने के लिए सभी अभ्यास और प्रक्रिया से संबंधित नियमों को तैयार करना करना चाहिए. "गैरकानूनी और असंवैधानिक आदेश, विभिन्न राज्यों और केन्द्र में अधिकतर आरटीआई अपीलकर्ताओं की एक समस्या है,” सी जै करीराने टिप्पणी की.
7) उच्चतम न्यायालय ने निर्देश दिया है कि प्रथम अपीलीय प्राधिकारी (अर्थात अधिनियम2005 की धारा 5 के अंतर्गत नामित किए जाने वाले वरिष्ठ अधिकारी) मुख्यतः कानून में एक डिग्री रखने वाले या कानून के क्षेत्र में पर्याप्त ज्ञान और अनुभव रखने वाले व्यक्ति होने चाहिए. "इस बात का निहितार्थ यह है कि प्रथम अपील के स्तर पर मनमाने ढंग से फैसले के दिन भी जल्द ही खत्म हो जायेंगे" कार्यकर्ता जीआर वोरा (grvora1@gmail.com,9869195785) का ऐसा मानना है.
8) उच्चतम न्यायालय ने सभी सूचना आयोगों को अब से प्रत्येक दो सदस्यों की बेंच में कार्य करने का निर्देश दिया है. उनमें से एक न्यायिक सदस्य होना चाहिए, जबकि दूसरा एक' विशेषज्ञ सदस्य' होना चाहिए. न्यायिक सदस्य कानून में डिग्री रखने वाला, न्यायिक तौर पर प्रशिक्षित मस्तिष्क और न्यायिक कार्यों को करने के लिए अनुभव युक्त - वह व्यक्ति जो विज्ञापन की तिथि तक कम से कम बीस साल की अवधि के लिए कानून की प्रैक्टिस किया हुआ होना चाहिए. ऐसे वकीलों को सामाजिक कार्य का भी अनुभव होना चाहिए. उच्च न्यायालय के न्यायाधीशों को इस पद हेतु वरीयता दी जायेगी.
9) केंद्र या राज्य स्तर पर मुख्य सूचना आयुक्त केवल वह व्यक्ति होगा जो या तो उच्च न्यायालय या भारत के उच्चतम न्यायालय का एक न्यायाधीश है या रह चुका है.
इन पदों में से किसी के लिए भी न्यायिक सदस्यों की नियुक्ति भारत के मुख्य न्यायाधीश और संबंधित राज्यों के उच्च न्यायालयों के मुख्य न्यायाधीशों की परामर्श पर की जायेगी,जो भी मामले में संभव हो.
10) दोनों स्तरों पर सूचना आयुक्तों की नियुक्ति केंद्र के मामले में डीओपीटी और एक राज्य के मामले में संबंधित मंत्रालय द्वारा पैनल में शामिल व्यक्तियों के बीच से किया जाना चाहिए. पैनल को विज्ञापन से पूर्व और एक तर्कसंगत आधार पर तैयार किया जाता है जैसा कि पहले दर्ज में किया गया है.
11) उच्चतम न्यायालय ने अनिवार्य कर दिया है कि नियुक्ति के लिए नाम प्रस्तावित करने की एक निष्पक्ष और पारदर्शी विधि अपनाई जानी चाहिए. चयन प्रक्रिया पद रिक्त होने से कम से कम तीन महीने पहले शुरू की जानी चाहिए.

आधार रेखा: आरटीआई कार्यकर्ताओं और जानकारी चाहने वालों के लिए एक अधिक दूरगामी और सकारात्मक विकास की कल्पना करना मुश्किल है!

कृष्णराज राव
9821588114

SC issues Notice to Centre on RTE Act

SC issues notice on Right to Education Act

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

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

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

An apex court bench of Justice K.S. Radhakrishnan and Justice Dipak Misra issued the notice after senior counsel Mukul Rohtagi contended that Article 15(5) was ultra vires of the basic structure of the constitution as it discriminated between two similarly placed category of educational institutions on the basis of their minority and non-minority status.
  
Seeking that the matter on the constitutional vires of the Article 15(5) be examined by the atleast five judges constitution bench, Mr. Rohtagi said that the constitution envisages equal status for minority and majority.

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

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

Read more on...... I Government.

Friday, October 5, 2012

State Bank of India to transform 2500 ATMs as Talking ATMs

Dear Colleagues,

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

Here is the news report from Biztech2.com


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

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

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

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

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

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

Wednesday, September 5, 2012

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

Dear Friends,

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

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

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






Friday, August 31, 2012

Death toll 228 at Asha Kiran since 2005, unabated

Dear Colleagues,

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

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

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

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

At Asha Kiran, 228 inmates have died since 2005


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

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

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

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

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

Monday, July 30, 2012

Disability Certificates on Sale


‘Disability’ on sale
By Neetu Chandra in New Delhi

Enjoy benefits for the handicapped as touts can get you fake certificates
YOU MAY be struggling to get admission into a college or fretting about how to land yourself a government job.

But many others have an easier way out: They get ‘disabled’, not literally but officially, and enjoy benefits offered to the category. And touts make it happen.

Touts in the city government hospitals can get an otherwise physically normal person an official certificate confirming his disability.

This certificate can be of great help as disabled people are extended a host of benefits by the government, including reservation in admissions and recruitments.

There are many who have got these certificates made with the help of touts and use it for various purposes. The touts also exploit people’s wariness of the convoluted and time- taking governmental process and do the job in almost no time for a price.

The government has divided the hospitals area- wise and district-wise for issuing disability certificates.

For touts issuing a disability certificate is child’s play, irrespective of the area one stays in. The touts charge anywhere between ` 3,000 and ` 5,000 and get anyone a disability certificate as required in two- three days.

This reporter approached city’s Bara Hindu Rao Hospital running under the Municipal Corporation of Delhi ( MCD) for getting a disability certificate. The hospital issues disability certificates to those who stay in the area near central Delhi.
This reporter was approached by a tout outside the orthopaedic department asking if she required a disability certificate. “ Are you looking for a disability certificate? It’s a lengthy process in this hospital.

I will get it issued for you but you will have to pay ` 5,000,” the tout, who was not an employee of the hospital, claimed.
After negotiations when the reporter agreed to pay ` 3,000, the tout asked her for two photographs.

“ You will get it in three to four days, the certificate will look genuine and will have all the relevant entries,” he said.

Under the law, the disability certificate is issued by a medical authority notified by the state government. Each such medical authority is constituted at the district level and is supposed to receive applications from the disabled, assess their disability and issue them the certificate within a week from the receipt of application, if the disability is assessed at 40 per cent.

Only a government doctor is authorised to issue a disability certificate for which an applicant is required to come to the district government hospital and present his case before the medical authority constituted for the purpose.
When the reporter asked for meeting the doctor to issue the certificate, the tout said, “ There is no need to meet the doctor. You don’t need to appear before any medical board too. There should be three stamps. I will give you a stamped certificate; your work will be done. You don’t worry. I have made a dozen certificates that students are using.” The next day, the tout called the reporter and told her that the work would be done in two days.

The Bara Hindu Rao Hospital issues certificates for Locomotor disability by way only of amputation complete permanent paralysis of limbs, or blindness. The procedure for issuing disability certificates to the physically and mentally challenged people by all the notified hospitals under the Delhi government is lawful and reasonably time- taking for credibility of the certificate for genuine handicapped people.

“ One should always get a disability certificate through the government hospitals only. There are strict norms to obtain these certificates. The touts often print the fake registration numbers on the certificates. We are trying our best to stop this practice. We are bringing strict measures to nab these touts,” Delhi health minister Dr A. K. Walia said.

RIGHT WAY TO GET IT
  • A handicapped person needs to submit documents to the medical superintendent’s office of the concerned hospital
  • The applicant is given a date for appearing before the medical board within 21 days of furnishing the documents
  • An OPD card is prepared and issued to the applicant.
  • Using this card, the applicant is required to attend the OPD of the medical officer for examination
  • Necessary investigations are carried out by the medical officer and entries made in the medical card, after a week
  • Applicants need to present themselves before the board on the date fixed for such appointment
  • The handicapped person will be examined by the designated board of doctors, along with report received
  • On the board’s recommendations, a physically handicapped certificate is issued to the applicant.
Source: Disability on Sale



Wednesday, June 27, 2012

IIT insists on re-evaluating the disability by its medical board despite a valid certificate

IIT has refused to accept the disability certificate issued by Medical College of Darbhanga - an authorized board under the law and contrary its own medical board to declare the person only 23% disabled! Such cases are on rise and the persons with disabilities are always exposed to situations like this where their disability is questioned when it comes to availing benefits.


Here are the details from Indian Express.


Pritha Chatterjee : New Delhi, Sun Jun 17 2012, 

Seventeen-year-old Amit Kumar was thrilled to have secured the 113th rank in the IIT-JEE this year under the general physically disabled category.

He had a disability certificate from Darbhanga Medical College and a letter from the civil surgeon of his hometown Sitamarhi in Bihar. The certificate stated that Kumar has 40 per cent disability.

The IIT-Delhi, however, refused him admission after he cleared the entrance test as its 13-member medical board from AIIMS, headed by Dr R C Deka, examined Kumar and noted that he had only 23 per cent locomotive problems.

Under the Indian Disability Act of 1995, 23 per cent disability does not qualify for the handicapped quota.

Kumar has now decided to move court.

IIT-Delhi officials claim this is the first such case in the physically handicapped category of the JEE.

Speaking to Newsline, Kumar called the IIT decision unfair. “I was allowed to sit for the entrance exam under the physically handicapped category on the basis of my disability certificates. How can they declare the certification baseless, when they allowed me to apply under that category,” he asked.

Kumar’s lawyer Ashok Aggarwal said, “His certificate is given by an authorised government hospital. He also has a supplementary letter from the district surgeon who is a gazetted officer. Under the Disability Act, a certified government medical college can give disability certificates which should be considered valid for all government educational institutions.”

IIT-JEE chairperson Dr G B Reddy said the IIT policy had been advertised and if the candidate had a problem, he should have protested earlier.

“Our policy is very clear and has been the same since the institution of the IITs. In all our advertisements, we have maintained that our own medical board, comprising AIIMS doctors, will have the final word in certifying disability. The candidate participated, and even appeared for the counselling, without protesting against this. Why is he reacting only because he was not selected?” said Dr Reddy.

A 2003 judgment by the Delhi High Court, under the bench of Justice Vikramjit Sen, had given the upper hand to medical boards of government medical colleges vis-a-vis those constituted by institutions — on authorisation of disability — in the case of Dr Raman Khanna Vs University of Delhi.

Until 2005, 10 years after the institution of the Disability Act, the Delhi High Court had ordered the government to issue proper guidelines to identify disabilities and authorise government institutions to provide disability certificates.

Kumar’s disability certificate from Darbhanga Medical College, issued on August 6, 2005, states his diagnosis to be “orthopedically handicapped due to stiffness of knee and hip. He is suffering from multiple exostoses”.

Exostoses is a condition when there are unnatural lumps in the bones of the child, which cause immense pain while walking.

A doctor who was part of the AIIMS medical board for IIT said: “The problem in our country is the absence of proper guidelines to define the extent of disability, as per the patient’s disorder. What may be seen as 50 per cent disability by one board, another can be only 20 per cent. In Amit’s case, his condition may even improve after surgery, but that has not been considered by the previous board.”

Friday, June 22, 2012

Inclusive play- Sensory Garden in Pune, India



Dear Colleagues,

With the efforts of Rotary Club of Pune East and Barclays Technology Centre & Bal Kalyan Sanstha, an inclusive sensory garden has been developed.

In western world there have been several attempts similar to these to give an inclusive play experience to children with all abilities.  India should consider at least one each such park in most districts to begin with and then percolate it down to children play areas in residential areas. Such a park is not just for disabled children. This enriches experiences of all children irrespective of disabilities.

Here is the news item from Times of India

TNN | Jun 21, 2012, 04.20AM IST

PUNE: The city now has its own sensory garden specifically created to be accessible and enjoyable to children with disabilities.

The 600-sq-ft garden, called the Rotary Sensory Garden, housed in Bal Kalyan Sanstha, has 10 elaborately-created spaces providing sensory opportunities which people with disabilities normally do not experience.

The garden, developed by Rotary Club of Pune East and Barclays Technology Centre in Pune, boasts of tactile flooring, a sand pit, mini pond, sound instruments, including drums and bells, a tactile panel wall, 66 varieties of plants, etc.

Minita Patil, manager, Bal Kalyan Sanstha, said, "Many European countries have sensory gardens to suit all kinds of disabilities. There are sensory gardens in India too, but they are primarily restricted to specific disabilities only. At this garden special children with various disabilities can learn and enjoy themselves."

A portion of the garden has a pond in which children can play. "One side of the pond has a stationary structure resembling a boat, and has been designed according to the special needs of children with various disabilities, including cerebral palsy," said Patil, adding that the garden was built at a cost of Rs 25 lakh.

A tactile panel wall at the entrance has different materials embedded in it. Children can touch and experience the different textures, describe the various sensations, and also investigate which material is hot, cold, soft or hard and can identify the materials by their names later.

The garden has a game of snakes and ladders and a periscope (an instrument for observing from a concealed position). "A 'magic sound instrument' is another interesting component of the garden. The user's voice travels from one end of a steel pipe and can be heard at the other end in the form of sound waves. In addition, there are 66 varieties of plants with different smells, taste and textures here. Many of these plants are scented, while some are also edible," said Patil, adding that the garden is frequented by an average of 150-200 people daily.

"Sensory gardens improve fine and gross motor skills of the user, encourage communication, stimulate sensory awareness and promote hands-on and multi-sensory learning. They also reduce aggressive behavior," she added.

Suvarna Kadam, parent of a four-year-old with mild autism, said, "My daughter loved the tactile flooring and spent considerable amount of time just exploring the different textures. The drums and bells create resonance which attracts children. Children are free to play as they like and can be themselves here, which is not possible in other gardens."

Madhavi Shahane, special educator for hard of hearing, at the C R Ranganathan School for the Deaf, brought about 60 students to the garden on Wednesday. "The garden not only helps in educating the students, but is also be a great recreation for them. Though these students suffer from partial or total inability to hear, they can feel the vibration caused by the musical instruments such as the drums and the musical tree. This brings them immense joy. It is their first visit to the garden so they are trying to understand all the features here. The next visit will be even more enjoyable," said Shahane.

Sharda Devi, mother of a 12-year-old with autism, said features such as the stationary bicycles will help children learn balancing. "The play ladder will help autistic children overcome the fear of downward motion," she observed.

Monday, June 18, 2012

More than 50% PwD have no Disability Certificates

Three of 5 disabled have no proof of their condition
Aditi Tandon/TNS

New Delhi, June 17
Three in every five differently-abled persons in India have no proof of their disability. Seventeen years after the government enacted the Persons with Disabilities Act in 1995 to make life easier for such persons, evidence from across the country shows that only 39.13 pc of them have been issued disability certificates.

Only 12 states, led by Andhra Pradesh, have reported more than 50 per cent coverage of their differently-abled population. Union Territory of Daman and Diu has issued disability certificates to just 1.13 pc of the total differently-abled persons living there, as per 2001 census.

New Delhi is among the poorest performers and has so far given certificates to only 10.19 pc of its physically challenged population. The 2001 Census puts the count of differently-abled persons living in Delhi at 2.36 lakh. Out of them, only about 2,400 persons have got disability certificates until March 31, 2012.

Coverage reported by Jammu and Kashmir and Uttarakhand is also lower than the national average. These states have issued disability certificates to 38.88 pc and 22.23 pc of their respective differently-abled populations.

Overall, out of 216.3 lakh differently-abled persons in India (2001 Census), the government has managed to give official proof of disability only to 84.62 lakh persons till March this year. Around 131.67 lakh differently-abled persons are still awaiting their certificates, reveals the latest data collated by the Office of Chief Commissioner of Disabilities under the Ministry of Social Justice and Empowerment.

These are shockingly low numbers. Simply put, 60.87 per cent of the differently-abled persons in India can't access the rights guaranteed to them under the law — be it transport concessions, job reservations or quotas in educational institutions. This also explains why year after year, the posts reserved for the differently-abled persons in government offices and seats set aside for them in educational institutes go vacant.

"A disability certificate is the very foundation of the life of a differently-abled person. It is to me what a UID is to you. It is my virtual gateway to the world, to life itself. But the procedure to get this document is so complex in India that most differently-abled persons, mainly the poor, never manage to get it," says Javed Abidi, President, Disability Rights Group, (DRG) an umbrella organisation of NGOs working for in the disability sector.

Under the law, the disability certificate is issued by a medical authority notified by the state government. Each such medical authority is constituted at the district level and is supposed to receive applications from the disabled, assess their disability and issue them a certificate within a week from the receipt of application, if the disability is assessed at 40 per cent. Only a government doctor is authorised to issue a disability certificate for which an applicant is required to come to the district government hospital and represent his case before the medical authority constituted for the purpose.

But the problem is this: Government documents reveal that so far only 16 states in India have notified these medical authorities. These are Andhra Pradesh, Arunachal, Bihar, Delhi, Goa, Gujarat, Jharkhand, Lakshadweep, Meghalaya, Mizoram, Nagaland, Punjab, Rajasthan, Sikkim, Tamil Nadu and UP.

The DRG had petitioned the Health Ministry and the PMO earlier saying the delivery of disability certificate should be decentralised down to primary health centre-level so that a poor villager can get his disability assessed without having to take the trouble of coming all the way to the district.

"We ask a simple question. If a passport can be delivered to an applicant at home, what is the problem in delivering a disability certificate at home? A disabled has a greater right over the document because his movement is impaired. We have asked for a simple online application to be designed to allow the disabled to declare their disability. Let the government verify the authenticity of the claim and home deliver the certificates," Abidi says.





11th Meeting of Disability Commissioners: 2012


Union Minister of Social Justice & Empowerment Shri.Mukul Wasnik has urged States to appoint fulltime Commissioners for Persons with Disabilities and provide adequate staff and create necessary infrastructure for welfare and development of the disabled persons.

Addressing the 11th National Meeting of State Commissioners for Persons with Disabilities here today, Shri Wasnik said that the status of implementation of the existing Persons with Disabilities Act across the country is skewed and uneven. This is attributable to a variety of reasons including absence of full time Commissioners disabilities with independent charge at a state level. He said that his Ministry would extend all possible support in creating barrier free environment in States and UTs.

Speaking on the occasion, the Minister said that the Ministry is working on a new legislation for the empowerment of persons with disabilities in line with the UN Convention. He said that a Committee has been already constituted comprising of stakeholders, experts, some State Governments and Union Ministries, etc. to draft a new legislation to replace the present Act. The Committee submitted its Report; including a draft Bill called The Rights of Persons with Disabilities Bill. We are examining the Bill in consultation with 17 concerned Central Ministries and Departments. The Bill has also been discussed in a meeting of the Central Coordination Committee, a statutory forum set up under the existing Persons with Disabilities Act, on 12th November last.

Minister of State for Social Justice and Empowerment Shri D. Napolean said that State Commissioners for Disabilities should play proactive role in ensuring that all children with disabilities are covered under Sarva Shiksha Abhiyan. During the meeting he suggested to establish Disability University, special recruitment wing for differently abled persons, disability rehabilitation department, fully equipped early intervention center in every district and time slot on all national media for broadcasting programmes related to disability.

Earlier making a presentation Chief Commissioner for Persons with Disabilities Shri P.K Pincha said that all States have constituted the State Coordination Committees and State Executive Committees under the Persons with Disability Act, 1995 which provides for education, employment, creation of barrier-free environment, social security etc. However, regular meetings of these committees are not held. 14 States such as Assam, Bihar, Chhatisgarh, Gujarat, Haryana, Jharkhand, Karnataka, Odisha, Madhya Pradesh, Meghalaya, Kerala, Maharashtra, Tamil Nadu and West Bengal have appointed full time Commissioners. A total 35 States have constituted Medical Boards in each district to facilitate issue of disability certificates. The Ministry of Social Justice and Empowerment has identified more than 2366 jobs(Group A-785,Group B-254,Group C-1112 and Group D-251) including IAS and other Central Services for the disabled. 24 States /UTs have amended building by laws or issued instruction for creating a barrier free environment.

Secretary to Ministry of Social Justice and Empowerment Shri K.M Acharya was also present during the meeting. State Commissioners for Disabilities from 26 States and UTs are participating in the 2-day meeting to review the implementation of PWD Act. Representatives from Central apex organisations including Rehabilitation Council of India, National Trust, National Handicapped Finance Development Corporation and National Institutes for different disabilities are participating in the meeting organised by the Chief Commissioners of Disabilities.