Gujarat to offer Online appointment with Doctors for Disability Certificates

Online facility to help the disabled get certificates

Monday, Aug 19, 2013, 10:08 IST | Place: Ahmedabad | Agency: DNA

Smitha R

Ability Gujarat, a web-based application, will help people with disabilities get online appointment with doctors.

Soon people with disabilities (PwDs) need not do the rounds of government hospitals time and again to know the availability of a doctor who can examine them and issue a disability certificate.

For, the health department is mulling to provide a facility, where the PwDs can get an online appointment with the concerned doctors. 

Speaking about the initiative, commissioner of health, PK Taneja, said that Ability Gujarat, a web-based application, is already in place to effectively deliver services to PwDs. “The service is already a hit. And now, we are planning to provide the online appointment facility to the PwDs. To get a disability certificate, a candidate after filing the registration form, needs to be examined by a doctor. 

Many times, candidates are not aware about the time and place. 

However, through the new facility, candidates will get to know online the time when a doctor will be available and they can appear for the examination. This will save their time,” said Taneja.

As per the 2001 census, the prevalence of disability in Gujarat is 2.1% and as per the estimate, the state is likely to have at least 12 lakh PwDs. Another official in the health department, who did not wish to be named, said that despite the online facility, those who want to register through manual forms can continue to do so. 

“Often in case of obvious disability, a doctor can examine a patient and issue a disability certificate. But in case of multiple disabilities and where the disability is not so obvious, a panel of doctors examines the patients.

Now, the panel may consist of doctors with different specialisation, and a patient may not know when the doctors will be available. Therefore, using this system, patients can get to know about their timings, when each panel of doctors will be available at the hospital. This will save their time and energy,” said the official.

Source: DNA

Inaccessibility keeps students away from Colleges in Coimbatore

Dear Colleagues,

This seems to be the condition in most Indian Institutions including the Delhi University wherein even the minimum seats reserved the students with disabilities go vacant each year. In Delhi Univeristy alone roughly close to 500 students take admissions against the 1500 reserved seats for the students with disabilities and even this number gets reduced due to drop outs who do not find accommodation or have problem of transportation. 

In the instant case in Coimbatore, it is not because the students with disabilities  are not interested in pursuing higher education that seats remain vacant, but because the institutions do not provide an environment conducive to them.

Even those who choose to pursue higher education are those with lesser percentage of disability.  Therefore, reservation of seats in higher education for the disabled is of no consequence if the physical infrastructure (of institutions/ hostels) & the transportation systems to reach institutions are not inclusive and barrier free!  Here is the news from The Hindu:

Lack of facilities keeps differently abled away from Coimbatore's educational institutions : Coimbatore

AMUTHA KANNAN

Focus on use of Information and Communication Technology (ICT), to ensure differently abled lead an inclusive life, has stolen the attention from the real difficulties they face from the physical barriers. This is significant from the representations they have time and again made demanding a barrier-free environment.

While, most differently abled have easy use of audio-visual aids, equipment, computers and softwares to assist them, what remains elusive is the physical access to various places by virtue of these not being disabled-friendly. This is in terms of absence of ramps, lifts to accommodate wheel chairs, modified washrooms, etc. This becomes critical when these places are schools / colleges / universities. 

This year, only a few higher education institutions have been able to admit students under the three per cent quota for the differently abled. Out of these, only a handful of colleges have admitted students in double digits. And, this is not because those with disability are not interested in pursuing higher, but because the institutions do not provide an environment conducive to them.

Even those who choose to pursue higher education are those with lesser percentage of disability.

Persons with disability of 70 per cent and above, and others who are confined to wheel chairs do not prefer to go to colleges because the infrastructure is not suited to their condition.

Though there is an Act – The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – to ensure equal opportunities, higher education still remains a distant dream.

The University Grants Commission (UGC) has schemes to provide grants for creating facilities in colleges that are 2 (f) and 12 (B) approved, and universities, but since the institutions do not take interest in applying for these, the schemes go unused.

But the recent State Government Order Ms. No. 21 (Tamil Nadu Urban Local Bodies Rules 2013 of February 1, 2013), the implementation of which comes with a time frame of 180 days, has brought some hope. The G.O. calls for making public and multi-storeyed buildings disabled-friendly in six months.

R. Rajendran, Principal of PSG College of Arts and Science, says, “The college has used the grant from UGC under the XI Fiver Year Plan, along with its own funds, to make existing buildings disabled friendly. Work is going on in phases to put up ramps, modify washrooms, etc. Some washrooms are already in use.”

More than 90 differently abled applied here for UG admission and the college admitted nearly 40 students based on eligibility and three per cent quota.

Visually challenged, and those who are hearing and speech impaired prefer to go to institutions that are exclusive for persons like them. However, there are only special schools and not colleges to accommodate them.

Nevertheless, Nithya Ramachandran, Deputy Joint Director, Sankara College of Arts and Science, says the college admits those with hearing and speech impairment.

“Special infrastructure, aids and faculty have been arranged to cater to these students. It requires special effort to provide them with an atmosphere that is conducive to study,” she says.

On colleges constructing infrastructure suited to the differently-abled, Ms. Ramachandran says that self-financing colleges do not get any provision from any source for taking up such activities.

Though the UGC provides grants, these are restricted only to colleges that have been approved under Sections 2 (f) and 12 (B) and not those recognised under Section 2 (l), which are not declared fit to receive central assistance.

The Hindu

Disability advocates prefer social media to highlight disability discrimination

Disabled make a point in social media to highlight inaccessibility in Australia

ONE afternoon last month Stella Young went to the Glenferrie Hotel in Hawthorn to have a beer with some friends. But she found the disabled bathroom stacked with cases of wine and it was impossible to get her wheelchair inside.

Earlier Ms Young had been told by staff that the toilet was out of order. Hotel manager Mark Henderson now admits that was a lie. The cases of wine from another hotel were put in the disabled bathroom by Mr Henderson's business partner, and had been there for 10 days.

''Look, it was a huge amount of stock and there was nowhere else to go,'' Mr Henderson said. ''I came in to find it here. I just took too long in getting it out.''

The episode is not uncommon. Disability Discrimination Commissioner Graeme Innes, who is blind, has had similar experiences. ''It's unlawful to discriminate against people on the grounds of their disability,'' Mr Innes said. ''If you have an accessible toilet and effectively block its use, then that is just the same as not providing one.''

Patricia Wilson runs excursions for the disability support service, Inclusion Melbourne. She said she stopped going to one council-run facility after it become too burdensome to clean away drug-injectors' blood in the disabled toilet.

Ms Young said she was frustrated with the Disability Discrimination Act, which requires a formal complaint, and now prefers social media. 

Stella Young at the hotel where the disabled toilet (inset) became a
storeroom. Photo Courtesy Angela Wylie  (theage.com.au)

Rather than use the hotel's female toilets with the door open, which she said ''isn't very dignified'', she left, but not before tweeting an image of the crammed room, which has now been viewed almost 3000 times.

Ms Young, a comedian who edits the website Ramp Up, wrote two emails to hotel management, but it was only after she wrote on their Facebook page that she got a response.

''People with disabilities too often feel as though we don't belong in public spaces,'' she wrote. ''We'd really love your help in changing that.'' Four hours later the hotel wrote back, apologising for their ''blatant ignorance [and] rash, senseless and absent-minded decision-making''. The space has since been cleared.

Kelly Vincent is a member of the South Australian Legislative Council and uses a wheelchair for her cerebral palsy. She has seen disabled toilets used for storage at an Adelaide restaurant, and elsewhere to store furniture.

''Having an accessible toilet that is unusable is maybe worse than not having one at all because it sends the message to people with disabilities that it is just a symbolic cross to bear for these business owners,'' Ms Vincent said.

Source:  The Age(dot) com

Aadhar card become a barrier for Charitable Institutions availing subsidized LPG Cylinders

Hi,

Aadhar numbers brought in so much of ease in putting faces to the numbers and thus making it easy for the direct transfer of subsidies to the needy. However, linking of Aadhar cards for receiving gas cylinders is proving a big hurdle for the charitable institutions since the insitutions are not individuals eligible for aadhaar numbers/ cards!

Perhaps while planning integration of Aadhaar with the Gas Connections, this aspect was not taken in to account. The Gas companies should come up with alternatives for charitable organsiations, so that they may quote their registration number or PAN no. rather than Aadhaar number since they are also entitled to receive gas cylinders at reduced rates given the nature of their work.

Here is the coverage from TOI - Charitable institutions lose out due to Aadhar cards

TNN | Jun 26, 2013, 05.13 AM IST

Panaji/Margao/Ponda: Charitable organizations, religious institutions and other bodies carrying out social and community work face hardships in accessing LPG cylinders at subsidized rates after the re-oriented scheme was launched from June 1, 2013.

As per provisions of the scheme, Aadhar cards of individual consumers have to be linked to their bank accounts, but this poses a problem in the case of organizations.

"We have to buy LPG cylinders from the open market due to this problem," Fr Savio Barreto, rector of Basilica of Bom Jesus, Old Goa, said. The Professed House adjoining the Basilica has a few priests and staff. But the LPG refills prove costly, as the card is registered in the institution's name.

Youth formation movement headed by Fr Patricio Fernandes organizes "light of the world" retreats for SSC students. "A two-day residential retreat is held for an average of 70 students on all days, except Sunday," Fr Barreto said.

Salik Usman who works at the administrative wing of a Margao-based orphanage for girls said that there is not much clarity regarding the linking of the Aadhar card to the LPG scheme and said that authorities should have created better public awareness about it.

Matruchaya, an orphanage in Dhawali in Ponda also faces a similar problem and they have requested the Goa marketing and supply federation to allot LPG cylinders at subsidized rates.

The government provides a subsidy of 396 directly in the bank account of consumers on the sale price of 815.50 per 14.2 kg refill.

Sources in another convent also said that they face a similar problems and have to buy the refills in the open market. An oil company official said the problem can be solved if any representative of the organization possessing an Aadhar card opens a bank account in his name and links it to the card.

Education Options for Deaf in Delhi dwindle with Social Welfare Deptt encroaching on their only secondary school

Dear Colleagues,

Please refer to my earlier post titled "Present education system is inaccessible to deaf". The Government has been tom-toming itself on the RTE (The right to compulsory and free education), however, the deaf and the speech impaired have continued to be the most marginalised in the community. The statement from Mr. Narayanan, the Secretary of NAD says it all, "Ninety per cent of the deaf are either illiterate or have very low level of literacy as almost all the tching is oral. There are 18 million deaf in India and only 250 professional interpreters."

Admittedly, there are only three primary schools for the deaf and only one secondary school run by the Delhi Government. This indicates how many deaf children graduate to colleges from the schooling system in Delhi- given the fact that The Govt. Lady Noyce Senior Secondary School is a school that attracts deaf students from entire north India. The students have also been complaining that despite being in fairly senior classes, they can barely read and write.

I have met several students of this school personally and can bet for the poor quality of education being imparted in this institution. The teachers mostly use oral methods rather than sign language. The children rely more on sight words rather than being taught the formation of sentences. The question papers are given in advance with answers to the students to mug up the subject. On the day of the exam, the mugged up answers are vomitted on the sheets with no effective learning.

Tthe fact that Social Welfare department is housed in the School building with the common entrance /compound of the school and entry of general public is allowed, this is a serious threat to the security of the school where deaf young girls and boys and studying. They are vulnerable and their voices may go unheard complicated by their typical disability. There are a large number of visitors on a daily basis right from the senior citizen and the disabled to the RTI applicants, vendors and maintenance engineers of the outsourced firms... the list would be long.

It is the high time, the government moved out its office from the School campus and created more options for ensuring quality education of the deaf in Delhi. In the name of Inclusive education, the blind and the deaf have been among the most hit. They are neither included truly in the mainstream schools nor are able to find sufficient options due to scarcity of special schools. Given such a large number of hearing and speech impaired children wanting special education inputs, can three primary school and one senior secondary school suffice for the state? This is the question that the Social Welfare Minister is to answer.

Here is the coverage from TOI that spills the beans for the Welfare Deptt!

Government 'trespasser' in its school for deaf

Shreya Roy Chowdhury, TNN | Apr 16, 2013, 

NEW DELHI: Lady Noyce Senior Secondary School for the Deaf has more offices than classrooms today. Delhi government's department of social welfare, which runs the school, occupies large sections of the only secondary school for the deaf in the city, located behind the Ferozeshah Kotla cricket stadium. The primary section has counters for public dealing, the playground has porta cabin offices, the spaces in between buildings serve as parking areas and there are offices in both the girls' and boys' hostels.

A disability rights NGO claims applicants are now being refused admission because of lack of space. The Delhi-based National Association of the Deaf (NAD) says they came to know of what they describe as "encroachment" by the department on the school when some children turned away by the school came to them.

The department has operated from the school premises since 2005. "We don't want to be here," says Achla Singh, director in the department. She says they haven't taken over the entire ground but only a small part of it and that there are still large spaces on the premises for the children to play in. "We will vacate the top floor for the children," she says, "but we have functioned from here for so many years and have had a very peaceful coexistence with the school".

But for A S Narayanan, secretary, NAD, peace has prevailed because the affected group is hearing-impaired. "They couldn't have done this with a school for children with any other form of disability," he says. "Everyone can advocate for themselves except the deaf." According to the NGO's report of a meeting held on March 5, the department is staying put. It has nowhere to go and will move to Kingsway Camp eventually but the plan is still at a "conceptual" stage.

A senior official says they moved in only because there was space. "Then in April 2011, the school was upgraded from secondary to senior secondary," he recalls. With two new classes, there was "some overcrowding". The response was to shift the primary section to Nehru Vihar. The department itself has expanded since its split from the department of women and child development and now there are about 150 people on the staff.

"As far as education is concerned, the deaf are worse off than the visually-impaired or those using wheelchairs," says Narayanan. "Ninety per cent of the deaf are either illiterate or have very low level of literacy as almost all the teaching is oral. There are 18 million deaf in India and only 250 professional interpreters."

The Lady Noyce school, which has at present 517 students on its rolls, is important for a number of reasons - it is affiliated to CBSE, is affordable, and, being residential, it draws students from all over the north. It was established in 1931 by an alumnus of Gallaudet University (for the deaf) and is the first school for the deaf in north India. Delhi government runs three primary schools for the deaf but only one secondary school.

But Narayanan and colleague Zorin Singha argue that the offices are affecting the quality of education being imparted at the school, its roll strength and security. Achla Singh disagrees, arguing that the department's visitors - the aged and the differently-abled - are no threat to the students.

As for quality, some students complain that despite being in fairly senior classes, they can barely read or write. They say that most of their teachers don't know sign language and teach orally. School principal L D Trekhi denies all this. "Nobody has been refused admission," she says, adding, "all teachers are trained and know sign language" and that the offices are not a problem.

The NGO has written many letters to the departmet and even to the chief minister since April last year but to no avail. It's now planning a dharna and gherao of the social welfare minister, Kiran Walia, if the department doesn't move out by May 10.

Source: Times of India

MHADA considers reservation for PH in Affordable Housing

Part of affordable houses for physically challenged

Express news service 

Thu Mar 14 2013

Mumbai : The state government is considering reserving a percentage of affordable homes being built through government agencies for the physically challenged, said MoS for Housing Sachin Ahir during question hour in the Legislative Council on Wednesday.

MHADA is fine-tuning a scheme to build 10,000 affordable houses in Goregaon. “Once this is finalised, MHADA will decide number of houses to be reserved for physically challenged. All other categories for which reservations need to be made are also being discussed,” said Ahir.

MHADA already reserves houses for the physically challenged in its annual lottery.

In November 2011, the Bombay High Court had directed MHADA to allot houses to all those defined as disabled under the Persons with Physical Disabilities Act. Thus the flats under the lottery system started being allotted to persons from categories not limited to people with visual, hearing and speech impairment.

Source: Indian Express

Realising the dream of Barrier Free enviornment in Public Spaces

Dear Colleagues,

Its over one and a half decade when The Persons with Disabilities (equal opportunities, protection of rights and full participation) Act was passed in India with specific mandate under sections 44 and 46 that stipulated barrier-free accessibility for the disabled at public buildings. However, the sad story is that it is not in the priorities of the State Governments still to make their offices accessible. With impunity access to even social welfare sections/ pension sections/ public dealing offices continues to be through staircases rather than lifts/ ramps. In fact the entire office complex is supposed to be accessible if section 33 of the Act mandating 3% reservations in the jobs is to be respected and complied with in its true sense.

There exist guidelines from the office of Chief commissioner Disabilities titled "Plannning a Barrier Free Environment", CPWD's "Guidelines and Space Standards for Barrier Freeenvironment for Disabled and Elderly Persons" and also Model Building Bye-laws  of Town and Country Planning Organization (Min. of UD) incorporated by most of the states to ensure accessibility in the public places/buildings.  The National Building Code 2005 and its earlier versions mandated accessibility and barrier free environment in the public buildings. However, the government offices especially in the States continue to defy the norms.

To facilitate easy implementation and remove bottlenecks of funding, Ministry of Social Justice & Empowerment has been giving project based funds to make public places accessible to the states/agencies. However, the states either seem to have not shown interest in this or are little too slow on acting on the funding scheme available.

Ministry of Urban Development, Government of India which is the nodal ministry to ensure a barrier free environment had started this initiative by getting the access audits done through competent agencies for the union government buildings in Delhi and in other major cities and also the satellite towns. The next phase of implementation of the access audit reports is in progress in the Capital and several states. 

For implementation of Section 46 of the Persons with Disabilities Act 1995, the State Governments have nominated an official in each district (designated as Access Officers/ Inspectors  )for bringing cases of non-compliance to the notice of the concerned authorities in addition to the office of State Commissioner- Disabilities whose mandate is to see the implementation of the said act.  It has been found that often the nominated official/Access officer has no knowledge of the barrier free environment. Often their powers/scope of duties is not properly indicated and it is either just an additional charge given to them.

The State governments- barring a few like Goa etc - have not taken sincere initiatives to ensure accessibility in their buildings and public services- which also include access to information. Most websites of the state governments and even some union ministries continue to be inaccessible for the visually impaired users and those with mental challenges. 

This calls for alternate remedies and a strict and time bound implementation of the mandate. The Chief Commissioner - Disabilities at the Centre has been very pro-active in issuing notices to the Government departments, universities, post offices and banks etc to ensure their buildings and services accessible. However, the State commissioners have been little lethargic on this front.

Suggested measures

(a) State Commissioners should on their own motion or on receipt of complaint/ information take immediate action to ensure that the flouting department provides accessibility in a time bound manner. More stakeholders should approach the State Commissioners for persons with disabilities, a list of which is available at link : STATE COMMISSIONERS-DISABILITIES. On how to write a complaint/grievance visit link: Writing a Petition for your Grievance.

(b) State Governments should be directed to provide a dedicated office of the nominated official in each district called as "Access Officers/ Access Inspectors" and provide their coordinates on the State Government Website/ District Collector's website with phone numbers, email ids, FAX etc. These access officers/inspectors should be provided sufficient staff at block level/ panchayats who should inspect the existing buildings to ensure they are accessible. Their duty should also involve giving recommendations on the building plans of the new buildings. The Access officers should either give their nod/or reject with reasons within a fixed time period. No buildings should be allowed to be built without a clearance from the access officer. 

(c) More NGOs/ user groups, stakeholders, family members should be encouraged to bring the cases of inaccessible public buildings to the notice of access officers/disability commissioners.

(d) The Access Officers/ Commissioner- Disabilities should be trained and sensitized on creation of barrier free environment. All new joinees on these posts should undergo the sensitization.

(e) If the state has not adopted the model building bye-laws, the existing guidelines by the Union Government/ Chief Commissioner - Disabilities should prevail in such cases.

With these measures, I am sure we can achieve much more than just sitting and criticizing the non-implementation of the PWD Act 1995.  

Here is one news report from Jharkhand published in The Telegraph talking about inaccessibility of the Collector's office, Jamshedpur, Jharkhand. 

Built on crippled common sense

- Collectorate degrades disability act with staircases

ANIMESH BISOEE
Visually impaired Sonali Pal (35) from Uliyan Kadma nearly fell on December 22, 2012, on the staircase of the first floor of the district collectorate while going to submit a memorandum of protest against the Delhi bus rape before East Singhbhum deputy commissioner (DC) Himani Pande

When orthopaedically challenged Deepak Kumar Srivastava (31), secretary of Jharkhand Viklang Sansthan, has to meet officials such as deputy development commissioner (DDC) Dadan Choubey in the course of his work, he climbs steep stairs using crutches to reach the first floor of the district collectorate

On an average, around 10 disabled persons who visit the East Singhbhum district collectorate office a day, know what it is like to feel like second-class citizens.
The three-storey (G+2) collectorate building in Sakchi, Jamshedpur, does not offer accessibility to the disabled.

Even though the structure came up in 2003, eight years after Persons with Disabilities (equal opportunities, protection of rights and full participation) Act with sections 44 and 46 that stipulated barrier-free accessibility for the disabled at public buildings, staircases and not ramps were the only links between floors.

According to conservative estimates of a Jharkhand Viklang Manch survey, nearly six per cent of the total 22-lakh-plus population of East Singhbhum district comprises the disabled.
It appears a sizeable population of 1.32 lakh can’t access their own district collectorate without feeling humiliated and risking a fall.

Most senior bureaucrats, including DC Himani Pande, additional deputy commissioner Ganesh Prasad, additional district magistrate (law and order) Ajay Shanker, DDC Dadan Choubey, executive magistrate Sunil Kumar and others, have offices at the district collectorate.

These apart, important departments including social welfare, DRDA, welfare, district information office and nazarat deputy commissioner office are also located in the same building.

Manch president Arun Kumar Singh said they had submitted petitions to all deputy commissioners from 2006 onwards, protested twice in front of the district collectorate and written to former state commissioner (disability) Satish Chandra, but nothing happened.

“It seems our plight does not bother bureaucrats. Mounting stairs is a risk. Plus, it is a time-consuming and painful process. But there’s no way out at the district collectorate,” said Singh.

Former state commissioner (disability) Chandra — the post is vacant since December 2012 — admitted to receiving petitions from the disabled in Jamshedpur.

“I had taken up the issue of barrier-free accessibility. But nothing has been done so far,” Chandra said.

State social welfare director Krishna Prasad Dev Sahu agreed the problem was serious. “When a new commissioner (disability) is appointed, he will be entrusted with the task of ensuring that the disabled can access the district collectorate with ease,” said Sahu.

On being prodded, deputy commissioner Pande claimed they had asked the executive engineer of building construction department to prepare a blueprint for a ramp and guidelines tiles on staircases for visually challenged.

“We are planning these things. We will look into it,” she said without giving a deadline.

Source: The Telegraph

Concerns arising out of Rail Budget 2013 for Persons with Disabilities

Dear Colleagues,

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

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

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

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

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

Critical Review of Rail Budget 2013

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

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

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

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

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

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

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

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

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

Disability Sector not happy with the Railway Budget

Disability Rights is off the rails

Javed Abidi

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

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

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

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

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

HURDLES IN STATIONS

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

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

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

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

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

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

Source: The Hindu

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

Dear Colleagues,

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

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

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

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

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

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

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

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

Follow Advisory for Disabled: Walia

Naziya Alvi Rahman / TNN / Feb 5, 2013

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

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

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

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

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

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

Dear colleagues,

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

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

Here is the news coverage from The Hindu

Rules tweaked to hand-pick bureaucrat as Disabilities Commissioner?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Dear Colleagues,

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

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

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

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

regards,
Subhash Chandra Vashishth


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

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

Dated: 16th January, 2013

Office Memorandum

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

(ii) Eligibility for two family pensions clarification regarding.

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

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

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

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

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

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

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

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

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

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

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