Nalsar University Disapproves of New Disability Law of India

Nalsar University Disapproves of New Disability Law

Says bill suffers from 'legal infirmities'

The Nalsar University of Law here has distanced itself from the new Disability Rights Bill approved by the Cabinet last month saying it suffers from “glaring legal infirmities”.

The university had served as a consultant to the committee appointed by the Union Social Justice and Empowerment Ministry in 2010 to draft the Rights of Persons with Disabilities Bill, 2013.

Vice-Chancellor Faizan Mustafa said the bill was a complete “volte-face” from the one originally drafted after consulting various organisations across the country working for the rights of persons with disability.

“The bill has brought back the erstwhile concept of offering only some ‘identified posts’ to the disabled which restricts their employment opportunities. After a long struggle, the National Federation of the Blind got the Supreme Court to rule that reservations would apply to all posts. But, this bill has brought back the concept of identified posts for disabled which clearly steers away from the United Nations Convention on Rights of Persons with Disability,” the vice-chancellor said.

Due to the ‘incoherence of vision’ in the bill, Nalsar has decided to distance itself from the present form of the legislation. It has also urged the Centre to return to the original draft finalised after a wide consultative process.

The university believes that excessive powers vested with the guardians of the disabled persons will only result in lifelong slavery under the thrall of a powerful guardian.

“The right to take one’s own decision to do what makes one happy is integral to personhood. However, this right is routinely denied to persons especially suffering from intellectual, psycho-social and development disabilities,” he said.

The Cabinet cleared the disability law, raising the reservation for Persons with Disabilities (PWD) from 3 per cent to 5 per cent. The disabled will get the benefit at all government educational institutions and jobs. Titled the Rights of Persons with Disabilities Bill, 2013, the new law will replace the archaic PWD Bill of 1995.

Till now, the reservation for the disabled was only 3 per cent in the ratio of 1 per cent each for the physically, visually and hearing-impaired

Source :            http://www.deccanherald.com/content/382755/nalsar-university-disapproves-disability-law.html

Too little, too late - R. Mani is disappointed but has not lost hope

Too little, too late

Forty-four years after he suffered 230 per cent disability and blindness in a TNT explosion while serving in the 1 Armoured Engineering Regiment, R. Mani was recently offered a sum of Rs 1 lakh by the Indian Army under a self-employment scheme meant for rehabilitation.

The offer has only heightened Mr. Mani’s sense of hurt. He has lost his arms, eyesight and some hearing power. At 70, he is in no position to take up a job.

This is not the first time in the last 44 years that Mr. Mani has had to fight the system for his rightful dues. According to him, the Army has treated him like a “medically invalid man” rather than a “war casualty”.

Recalling how on that fateful day, July 1, 1970, his unit was preparing for a visit by General Sam Manekshaw, when a TNT explosive on which he was “putting the leads” went off, Mr. Mani said he suffered extensive injuries. “I was an Engine Art [Artisan] and was employed as an explosive storekeeper.”

“In the explosion, I suffered 230 per cent injury — 100 per cent in both the eyes, 100 per cent to the arms and 30 per cent to the ears. I was treated in various army hospitals in Jhansi, Lucknow, Pune, Delhi and Bangalore. But the Army refused to acknowledge me as a ‘war casualty’ and, as recently as 2008, before a Pension Adalat in Coimbatore, it submitted that it was a ‘civil accident’.”

“My honour was lost that day. But I have almost got used to encountering opposition from my very own. Even in the Army records, officers never made a proper mention of how the accident took place. The discharge and disability documents were manipulated and in the Disability Certificate issued in 1991, the words, ‘cause of disability,’ were deliberately altered to ‘cause of discharge,’ despite the officers knowing full well that they would decide the merit of the case.”

Mr. Mani said: “All these years I have been denied war injury pension, 230 per cent disability pension, attendant allowance and a medal for my service. I was also denied the improved pension after 2006.”

He now stays with his daughter in Salem, Tamil Nadu. ”

Source : http://www.thehindu.com/todays-paper/tp-national/too-little-too-late/article5644228.ece

The Rights of Persons with Disabilities Bill, 2013 A long awaited and modified Bill in India

Cabinet okays Disabilities Bill

The Union Cabinet on Thursday approved the Rights of Persons with Disabilities Bill, a comprehensive measure that covers a whole spectrum of problems from physical disabilities to mental illness and multiple disabilities. It will replace the Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act of 1995.

The Bill provides for five per cent reservation in public sector jobs and makes the private sector more accountable for creating a disabled-friendly environment. It provides incentives for the private sector to take such measures.

On political participation, the proposed law says every person with disability who fulfils eligibility requirements is entitled to be registered as a voter. He/she should not be disqualified from exercising the voting right on the grounds of disability, irrespective of any stipulation to the contrary in any law for the time being in force.

Any person who is unable to vote in person due to disability or because of admission to hospital for treatment is entitled to opt for postal ballot, says the Bill. It requires the Election Commission to ensure that all polling stations are accessible to persons with disabilities.

The proposed law also allows mentally unsound women the right to fertility and prescribes punishment for forced abortion or hysterectomy on them.

“Historic move”

“The Bill is based on the premise of all rights for all disabled,” activist Javed Abidi told The Hindu. The definition of disability “is expansive and covers all kinds of disability whether physical or mental,” he said, describing the move as historic.

Source : http://www.thehindu.com/news/national/cabinet-okays-disabilities-bill/article5456834.ece

Not a Disabled Friendly Electoral System in India

Not a Disabled Friendly Electoral System in India

While it tried through media campaigns to improve the voter turnout for the Delhi Assembly elections, a large number of persons with disability (PwDs) were still unable to reach the polling booths — as they were not disabled friendly — and could not exercise their franchise.

A case in point was that of Neeru Gautam, who works in the disability sector with Sahyogi. A resident of Block 34 of West Patel Nagar, Ms. Gautam decided to cast her vote by taking her power chair all the way to the polling station in Block 26 Community Centre.

However, on reaching her polling booth, she realised there was no ramp to enter and the entrance to the room was also blocked by a wooden pole which had been put in the middle of the passage to segregate the incoming and leaving voters.

“As my chair could not enter the room, I asked the election staff to come out and help me cast my vote. But despite repeated pleas, no one came forward. Then one person offered to lift me physically, which I refused outright and I came back without casting my vote,” she rued.

Ms. Gautam incidentally had been voting in every election. “Earlier, I had a helper who would take me inside the booth but ever since I became independent due to my power chair, I have not felt the need for one. The Election Commission should have ensured ramps and barrier-free access for the PwDs in this election.”

Some PwDs also vented their anger on social networking sites. Abha Khetarpal, a wheelchair user and president of NGO Cross the Hurdles, wrote on the Facebook page of Dr. Satendra Singh, Coordinator with the Enabling Unit of the Equal Opportunity Cell of the University College of Medical Sciences, how polling booth number A-28 in Subhash Nagar, where she had to cast her vote, had no ramps for wheelchair users and no Braille stickers.

She commented: “So, in this politics of vote bank, polling stations are inaccessible. How can this be called government of the people, by the people and for the people?”

Ms. Khetarpal also noted the media often asks for proof about such shortcomings in the electoral system. “But taking pictures is not allowed — a disabled system indeed.”

For his part, Dr. Singh said: “I haven’t seen any attempts on the part of the Election Commission to publicise voting facilities for the disabled. There is no information on radio or media. However, kudos to the EC Delhi to finally make their website accessible to visually impaired. Sadly, EC’s website is still inaccessible.”

Despite the heavy odds, some PwD voters remained determined to cast their vote. Virender Kalra, a bank manager and a resident of Subhash Nagar, was one of them. When he found there was no ramp for his wheelchair to climb on, he got two persons to lift him and take him inside the polling booth. “I was determined to vote and did so to play my role in ensuring a healthy democracy,” he said.

Source : http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/not-a-disabled-friendly-electoral-system/article5423840.ece