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Showing posts with label Persons with Disabilities. Show all posts
Showing posts with label Persons with Disabilities. Show all posts

Tuesday, 18 February 2014

Time To Enable The Disabled


Time To Enable The Disabled

A Bill as politically non-contentious as the Rights of the Persons with Disabilities Bill, 2014, on which the aspirations of millions of people with disabilities are riding, is, shocking though this may sound, stuck between a rock and a hard place. On the one hand, it was recently introduced in the Rajya Sabha but disruptions over political issues like Telangana have ensured that the Bill, which seeks to increase the reservation quota for the disabled in public sector jobs and seats in higher educational institutions, was not taken up for discussion.

On the other hand, the disability rights activists seem to be divided over the proposed amendments as it is alleged that their recommendations have been ignored and it is a watered down version of their earlier demands. Moreover, it was a leaked copy of the Bill that made activists realise that the Bill to be tabled in the Rajya Sabha was not the same as the one available on the website of the ministry of social justice and empowerment, leading to protest rallies in Delhi. While the Bill, rightly, seeks to raise the number of disabilities from seven to 19, it includes only those who suffer not less than 40% of the relevant disability — this many activists feel is quite ambiguous especially in cases of intellectual disabilities and it does not ensure full legal capacity to people with disabilities.

In a country where of 70 million people with disabilities, only about 100,000 have succeeded in obtaining employment in industry, and inaccessible public infrastructure is a cause of their daily travails, this was a controversy the government could have done without had the authorities concerned kept all the stakeholders in the loop. However, practicality suggests that parliamentarians, cutting across the party lines, must now rise above politics and ensure that the Bill sees the light of day.

The Bill may be far from being perfect but given the fact that the ongoing Parliament session is the last one before the general elections, there’s no time to lose. There are several social and infrastructural barriers that need to be crossed to make the Bill effective on the ground. Instead of taking a one-step-forward-and-two-steps-back approach, the government must show urgency to build on what already exists.

Source: http://www.hindustantimes.com/comment/time-to-enable-the-disabled/article1-1184681.aspx#sthash.qtDDaNvi.dpuf

A Hurried Disabilities Bill Will Serve No Purpose


A Hurried Disabilities Bill Will Serve No Purpose



Let us not hurriedly enact a retrograde legislation for all disabilities, which would be impossible to amend for the next 25 years. In order to correct the injustice of exclusion, let us not create an equality of oppression.

The Rights of Persons with Disabilities Bill was introduced in the Rajya Sabha to universal criticism and till now, 16 amendments have been circulated to members of the upper House in an effort to save the Bill. The objective of the legislation was stated as "a Bill to give effect to the United Nations Convention on the Rights of Persons with Disabilities" (UN CRPD). Hence it must be in consonance with the requirements of the Convention to fulfill its primary purpose. The CRPD mandates an absolute prohibition on discrimination on grounds of disability, but this Bill permits discrimination provided it is to achieve any legitimate aim, in clear violation of the CRPD!

The CRPD prohibits deprivation of liberty on grounds of disability. The Bill cleverly inserts one word to change the guarantee altogether: it says that no person shall be deprived of his or her personal liberty only on grounds of disability. This formulation was rejected while drafting the CRPD since it permits the deprivation of liberty when a person with disability is destitute or considered to be 'dangerous'. For thousands, the addition of 'only' could mean being forced to live in institutions for the rest of their lives.

The other core CRPD principle that remains to be examined is the right to exercise legal capacity on an equal basis with others in all aspects of life. Presently scores of laws disqualify persons with disabilities from marrying, inheriting, voting, etc. The CRPD seeks to offset disqualifications imposed upon people with intellectual, psychosocial and developmental disabilities by recognising their right to live their lives according to their will and preference.


However, the 2014 Bill did not even mention the right to legal capacity. In the amendment, legal capacity has been recognised as an obligation of the government, not a right of persons with disabilities. If the government fails to ensure legal capacity, then the person with disabilities can do nothing but bemoan the poor implementation of Indian laws. Consequently, entitlement of reservations in jobs becomes meaningless for persons with disabilities. If it were possible to make things worse, section 110 of the legislation states categorically that the Bill will not override any existing laws, which means all discriminatory laws will continue to be valid!


However, despite the many flaws in the Bill, people with the newly-included disabilities are pressing for its enactment because these disabilities have been waiting for inclusion in the Act since 1999 and feel they cannot wait any more. This grievance is undeniably genuine. The correct way to address this concern would be to amend the Act of 1995, whether by Act or ordinance to include the long-excluded disabilities.


Let us not hurriedly enact a retrograde legislation for all disabilities, which would be impossible to amend for the next 25 years. In order to correct the injustice of exclusion, let us not create an equality of oppression.


Source: http://timesofindia.indiatimes.com/city/hyderabad/A-hurried-disabilities-Bill-will-serve-no-purpose/articleshow/30579944.cms

Monday, 3 February 2014

Visually Impaired Candidate Not Allowed to Use Scribe in Odisha Staff Selection Commission


Visually Impaired Candidate Not Allowed to Use Scribe

Rajnish Kumar Arya



Berhampur: Peeved at the manner in which the Centre Superintendent and Odisha Staff Selection Commission Representative do not allowed the Visually Impaired Candidate to use scribe to take part in the examination held for the post of the Junior Assistant organised by Odisha Staff Selection Commission, activist are demanding to arrange a separate examination to him.


The incident took place on 2nd Feb., when Mr. Sisir Kr. Mohapatro, a Visually Impaired candidate accompanied with scribe went the St. Vincent Convent School, Berhampur mentioned centre in his admission letter.

As he entered into the examination hall, the invigilator asked him to show the order to use the scribe in the examination. The Centre Superintendent arrived and took him in the control office of the centre in front of the representative of Odisha Staff Selection Commission. There he had told that you are not allowed to use the scribe as per the rule of the commission.

Shushant Kr. Sahu, Berhampur based a Differently Abled Right Activist told that in many reports Government usually mentioned that due to non- availability of suitable candidate the Visually Impaired Category, seats remain vacant. When Government authorities will not follow the provision how it will be fulfilled.

Sisri Kr. Mohapatro, sufferer, has shown his application form, which clearly shows that he had applied under the physically challenged category (Blind) and deserve for scribe as per the provision. He is planning to file a writ in the Court of Commissioner, Persons with Disabilities Bhubaneswar or even in High Court for the violation of his right.

Mr. Rajnish Kumar Arya, Assistant Professor has told that it is a matter of surprise that event after enactment of 17 years of the Persons with Disabilities (Equal Opportunities, Protection Of Rights and Full Participation) Act, 1995 the differently abled are unable to avail their rights due to negligence of the Government. As per the PWD Act 1995, Chapter VI, Clause 33 the Blind and Low Vision people deserve 1% reservation in every suitable post which usually notified time to time.  Here in this case post Junior Assistant lies under Grade – C, which is suitable for him.

Mr. Ranjan Kumar Biswal, General Secretary, Milton Charitable Foundation for the Visually Handicapped Berhampur told that Department of Disability Affairs, Ministry of Social Justice & Empowerment, Government of India had already issued a letter as well as an Office Memorandum   F. No. 16-110/2003-DD.III dated 26th Feb. 2013 specifically for “Guidelines for conducting written examination for Persons with Disabilities”, which is marked to the Principal Secretary/ Secretary, Social Welfare of States/UTs. In it, under point III and IV, it is clearly mentioned that the facility of scribe should be allowed to any person who has disability of 40% or more if so desired by the person. In this case he should be allowed to use the scribe and extra time too. He has also mentioned that organisation is going to serve legal notice to the concern authorities in this regard.

Wednesday, 8 January 2014

Don't Discriminate Among Persons with Disabilities, says Supream Court

Don't Discriminate Among Persons with Disabilities, says SC


The Supreme Court Thursday ruled that there could be no discrimination among persons with disabilities and that the government must provide equal benefits to all such people under the law.


A Bench of Justices K S Radhakrishnan and A K Sikri relied on the objective of the Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and reminded the government that no further classification can be made on the basis of kind of disability a person is suffering with.


"The Disabilities Act does not create any barrier or discrimination among persons with disabilities... When a person is having any of the disabilities mentioned in Section 2(i) and is so certified by the doctor, he is entitled to the benefits of all the schemes and benefits provided by the government and there can be no further discrimination among the persons with varied or different types of disabilities," held the court.


The court order restricts government authorities from discriminating among different classes of disabled persons such as blind, deaf, dumb and orthopaedically handicapped, in matter of providing job opportunities or other benefits.


The SC noted that any comparison of disabilities among "persons of disabilities", without any rational basis, was violative of Articles 14 (right to equality) of the Constitution.


The court ruling came on a petition by two associations representing the deaf and dumb persons, employed as central and state government employees. They sought a direction to the governments for granting transport allowance them in equal with what was given to blinds and orthopedically handicapped employees.


While the the Ministry of Health and Family Welfare supported their stand, Finance Ministry contended deaf and dumb were a class different from blind and orthopedically handicapped persons and hence their entitlement should be different.


The court reproached the Finance Ministry's over its argument, saying "the human dignity of a deaf and dumb person is harmed when he is being marginalized, ignored or devalued on the ground that the disability that he suffers is less than a visually impaired person which, in our view, clearly violates Article 21 of the Constitution of India."


The court hence ordered the Centre and state governments to grant transport allowance to deaf and dumb persons also on par with blinds and orthopaedically handicapped employees.



Monday, 30 December 2013

Disabled Left Behind in the Race of Cars

Disabled Left Behind in the Race of Cars


If wishes were cars, most of us would have a fleet of the most desirable cars of the world in our garage—Rolls Royce, Lamborghini, Ferrari and Bugatti Veyron. Sadly, wishes are not cars and most of us have to do with lesser cars or no cars at all.

The automotive market in India has opened up and we have various types of cars now. If one studies the market, it shows more than just cars or two-wheelers. It tells the story of a country changing so quickly through the kinds of cars available that one could actually tell where its people stand and where India is headed for?

The cheapest car in the country, or anywhere in the world, is Tata Nano. Ratan Tata has single-handedly made the dreams of millions of lower class and rural Indians of owning a car possible. Aimed at the aam aadmi, it is nano-sized and nano-priced.

However, contrary to expectations, its positioning as a cheap car proved to be its undoing, and it is struggling to find a foothold in the auto sector. It goes to show the rising aspirations of the common person for whom a car is not just a vehicle of mobility, but also a statement of one’s position in society.

At the other end of the spectrum are designer cars that have been added flourishes by people like Dilip Chhabria, to make them stand apart. The cost is no bar, one boasting a `4-crore price tag. They are for ones who go for the snob value of a product, and want something exclusive.

A very different vehicular segment, largely ignored, is for those among us who are less visible and not considered as market for cars; the un-factored but huge segment of people with disabilities, who number about 7 to 10 crores.

With public transport not being disabled-friendly, this section remains largely cooped up in their homes, not because of physical handicap but because they do not have a viable means of travelling around independently. Hence, they remain deprived of education, employment, entertainment and other activities. So, instead of becoming a contributing and productive segment, they become a liability to society.

On the positive side, one vehicle has been designed for people with disabilities. Called Plexus (Personal Vehicle for Transporting Wheelchairs), it is a vehicle in which a wheelchair can be wheeled in directly for the user.

If India wants to accelerate its sluggish pace of development, all of its people need to be mobile, independent and on the go. This is a vast market for technical products that manufacturers are not tapping into. With the assistance of such customised products, a new wave of workforce that is being left behind can enter the job market. This can only enhance our economy.

Now, if someone from the government throws a dinner and brings together such revolutionary people who think off the beaten track, leave them in a room for 30 minutes and then see, what emerges out of that extempore boardroom meeting! I have a feeling it would be a vehicle of progress with the body aesthetics of a DC, the mind of a Tata and the spirit of a professor.



Saturday, 28 December 2013

Disability in India: The Struggles of Infrastructure, Prejudice and Karma

Disability in India: The Struggles of Infrastructure, Prejudice and Karma


According to the United Nations, around one billion people live with disabilities globally -- they are the world's largest minority.

Of this number, as many as 40-80 million live in India, though the underdeveloped infrastructure across much of this vast country makes it difficult for them to get around.

But it's not just the land that can be harsh and unwelcoming; prejudice and the karmic belief that disabled people are at fault for their incapacity can affect their ability to lead a normal life.

Devender Pal Singh, 39, lost his leg during the Kargil War between India and Pakistan in 1999 when a bomb exploded just meters away from him, piercing his body with shrapnel.

After a subsequent operation, his right leg became infected and had to be amputated. At one point doctors didn't think he'd pull through. "This is my second life," he says from his home in Noida outside Delhi, "because I was pronounced dead. I am one of the chosen ones."


Blade runner


Refusing to be overcome by the physical or mental challenges of losing a limb, he became a marathon runner, eventually being dubbed India's blade runner owing to the blade-style prosthetic he uses.

He says his mindset is born out of a desire for people to see him in the competent way that he sees himself. "What I'm trying to pass on is attitude," he says.
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A former major in the Indian army, Singh formed a support group for people like him called the "Challenging Ones." He says he prefers to feel like he has a challenge to overcome rather than a disability.


By taking part in half marathons since 2009, he says the fellow amputees in his group, which has 450 members across India and over 1,900 likes on Facebook, have been encouraged to do the same.


His acceptance of who he has become clearly shows. "This is the positive side of being an amputee," he laughs, effortlessly using his crutch to press a distant button that operates the ceiling fan.



Long way to go



But while he has learned to live with his disability, or challenge, India still has a long way to go before the needs of the disabled are sufficiently met, or even recognized.


Take a short wander around virtually anywhere in the country's capital and you are faced with stairs or steep, uneven pavements with stalls intruding on their spaces, running alongside unruly traffic.


If you have a disability and behave ordinarily, people take you as extraordinary.



"The population of India (over 1.2. billion) is the biggest challenge," says Singh. "Everyone expects all buildings and landmarks to be 'disabled-friendly,' but it's not possible overnight. You must adjust yourself."


Awanish Awasthi, joint secretary for the Indian government's department of disability affairs, says most new buildings are disabled-friendly and the government provides financial support to those states wanting to take up the arduous task of upgrading their existing infrastructure.



But these physical obstacles do little to hold Singh back. Once he has dealt with a current injury to his thigh, he's planning to run a half marathon every day for 21 days in 21 different cities of India in 2014. Inspired by British Paralympic gold medalist Paul Whitehead's feat of completing 40 marathons in 40 days, his aim is to promote his campaign and motivate others.



Poverty barrier



However, it's a different scenario for those who are physically or mentally disabled and burdened with poverty and excluded from mainstream society.


The Anchal Charitable Trust in Delhi, supported by the NGO Handicap International, works with eight slums in the east of the city, providing disabled children and their families with rehabilitation, education, counseling and information about their rights.


Manish Singh is a seven-year-old boy from one of the slums with cerebral palsy, who is usually not able to sit or stand. But in a rehabilitation room of the trust's center, he sits on the floor supported by an aid.


His mother says special exercises provided by professional occupational therapists employed by Anchal have slowly improved his condition.


"The issue is how to change the mindset; people think disabled people cannot perform well," says Awasthi. "Gradually people are recognizing the fact that, given the right conditions, everyone can become empowered."


Disability at school



Overcoming disability to serve others
But those with intellectual or learning disabilities face the added struggle of even being identified.


Aartee Gupta, Handicap International's country program monitoring manager and a former government schoolteacher, says: "In the general school curriculum, there is nothing about education for children with special needs."

Through the charity's work in the central state of Chattisgarh, they have come across teachers unwilling to accept pupils with learning difficulties because they believe they are incapable.

Awasthi says the government is developing a separate curriculum, special schools and trained teachers for the mentally impaired, which will also enable monitoring their progress. He hopes this will be in place by March 2014.


Change of attitude



Gradually people are recognizing the fact that, given the right conditions, everyone can become empowered.



However, the factor that hinders the acceptance of disabled people in Indian society is attitude, says Catherine Novi, regional coordinator for the rehabilitation projects of Handicap International.


In her work with various communities, she has found many believe disability is caused by black magic or bad karma, as a result of wrongdoing in the disabled person's former or current life.


At the trust, the mother of Shweta, a nine-year-old girl with spina bifida -- a condition at birth that involves the incomplete development of the spinal cord or its coverings -- says: "Something happened in her former life to make her disabled."


When asked whether the disability may purely be the result of a physical disorder, she holds steadfast to her belief that karma is the cause.


However, evidence shows that proper counseling can transform these attitudes. The trust recruits community volunteers from the slum, including parents of disabled children, who are given training in areas such as rehabilitation or therapy.



Radesham is one such volunteer who is trained to inform the community of their rights. Before joining Anchal, he says he had strong beliefs about karma being the root of disability.


"After receiving training, I now believe in the practical causes of disability, such as injury and infection," he says.


Ironically, Singh says he believes in karma: "But it is not something just associated with your past life but also [what you do in] your present life.


"It means 'action' and is an ongoing process that can be turned around."


Signs of improvement



There is much to be said about disability in such a densely populated country. But Awasthi assures that the situation is improving: "The definition of disability itself has seen a lot of change," he says.


He adds that a new Persons with Disability bill, which is at the final stages of being enacted, accounts for 18 disability types, up from just six in the current 1995 act. These include autism and haemophilia.


India has also adopted the United Nation's development agenda for disabled people. And in September, the Supreme Court ruled that central and state governments must enforce an 18-year-old law to reserve 3% of government jobs for the disabled within three months.


But do the handicapped have to be extraordinary, like Singh and other respected disabled athletes such as paraplegic Deepa Malik, in order to be noticed and accepted by wider society?


"They are role models that inspire others," says Novi.


Singh adds: "If you have a disability and behave ordinarily, people take you as extraordinary."


He says others may see him as special because he is running with one less limb, but that is his driving force: "Sometimes I feel I'm able to do this because I have less."