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

Dear Friends,

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

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

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

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

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

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

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

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

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

Warm regards

S C Vashishth, Adv

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

regards

SC Vashishth

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

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

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

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

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

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

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

Dear Friends,

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

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

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

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

regards
SC Vashishth
Click here to read from the source

Home delivery: Doctor at the door- Hindustan Times

Dear Friends,

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

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

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

Highlights of the bill

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

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

Click here to read from source Hindustan Times

RS approves Right to Education Bill

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

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

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

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

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

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

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

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

Dear Friends,

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

An overall welcome move

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

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

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

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

Cautious lest the law is abused!

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

Implement existing laws and UNCRPD

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

Warm regards

Subhash Chandra Vashishth

Here is the News: Click here to read from Source

Insult on physical disability could be considered as punishable offence

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

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

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

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

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

Leading International Disability Organisation portrays India without J&K!

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

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

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

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

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

Dear Mr. Sebastian,

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

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

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

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

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

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

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

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


My Fears

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

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

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

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

Perceptions about Accessibility Differ from Actual Accessibility


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

regards

Subhash C. Vashishth


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India Server.com
Times of India
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