Thursday, October 28, 2010

Visually Impaired continue to face discrimination in Civil Services

Dear Friends,

Despite the PM's intervention in ensuring that the Civil Services opened their doors to the persons with disability especially those with visual disability, the silent discrimination continues. The case of Rajesh is a live testimony to this discrimination. And this is despite Supreme Court's order in the favour of the candidate directing DoPT to appoint him in Civil Services!

It is the same DOPT which continued to take examination in Braille  and giving the VH scribes to write UPSC examination without making an effort to identify any posts for them when they were pulled up by the Hon'ble Supreme Court of India.

We all know, how difficult it is to clear the interview where, many times such insensitive people sit across you who know nothing about disability etiquettes throwing queries questioning your abilities on the basis of perceived disability! And then the apathy and bias attitude of  the DoPT.

This needs to change forthwith if India is to ensure true equality to its citizen with disabilities. Stern action should be taken against the erring officers to set examples that the policies and Act are not defied right under the nose of the Union Government.

Read here the revelation brought out by Bhuvan Bagga for Mail Today.

Click here to view the news from Mail Today in image form 


Babus blind to his merit (Mail Today)

By Bhuvan Bagga in New Delhi

Visually impaired man not given posting even 3 yrs after clearing civil services 

RAJESH Kumar Singh had a dream that soured — one, because he is visually impaired and two, because he is not well connected. This 25- year- old had cracked the prestigious civil services examination three years ago while he was still doing his masters in modern Indian history from Jawaharlal Nehru University.

But what happened next broke his spirit. Despite bagging the third rank in the disabled category, the department of personnel and training ( DoPT) refused to give Singh a posting.

“I don’t know when I will get my chance. Now it seems the examination was easier to handle, but not this inherent bias in the system against people with special needs like us,” says Rajesh.

Disheartened, he approached the Supreme Court and after a prolonged legal battle, the court decided in his favour. But another shocker for him was on the way.

A candidate, who was ranked below him in the same category, received a posting while he was still waiting for a response after the court order. Allegedly, it so happened that the favoured candidate was related to a DoPT official.

He knocked at the Supreme Court’s doors for the second time on October 21 this year. The court once again issued notices to the government asking why he wasn’t given a posting despite its order and how a person with a lower rank got in.

“The system is entirely pitted against us. No one thinks we deserve, merit or should be a part of the bureaucracy. Even in my interview, a panelist asked me why I deserved to be in the service when I couldn’t even read or write as he did,” he said.

At that time Rajesh had politely shot back asking the interviewer “ if he could read or write like him, would he consider himself ineligible?” Incidentally, Rajesh is also an international cricketer who represented India in three world cups for the visually impaired. “ Two of these were in India and one in Pakistan. I am not just a meritorious candidate, but also a sportsperson,” he says.

However, he has received support from activists and political leaders who have written to the Prime Minister. MAIL TODAY has the copies of these letters in its possession. The letters name the senior DOPT officer and mention that Rajesh was ignored and a person with a lower rank was favoured.

Dr Naresh Kumar, a sociologist and general secretary of the Delhi Pradesh Congress Committee said, “ I have written a letter to the PM and asked for the removal of such officers who think themselves to be above the Supreme Court. I want to know how Ravi Prakash Singh, with a rank of 6, got into the IAS service while Rajesh is outside.” Rajesh is from Patna and had done his bachelors in history from Ramjas College. His father is a civil judge in Bihar. Two of his brothers are engineers and his sister is a doctor.

“There are times when even our families and closest persons can’t understand us. I have my fingers crossed and am hopeful that the law of the land gives me what I have earned. I don’t need sympathies, just give me what I worked so hard for,” Rajesh said.

Indian Army takes lead in respecting abilities of the Disabled


Dear Friends,

I am particularly happy at this news of Indian Army promoting a wheelchair user officer to the 2 Star rank.

Indian Army has set example for other paramilitary forces to reward their brave ones by promoting them even when faced with disability at physical level and not simply boarding them out medically. This is a befitting treatment to the contribution of the soldier as well as to the residual ability of the soldier after experiencing such disability. I remember Maj Gen. Ian Cardozo's words, "Disability is not in the body but in the minds of persons" (how one looks at it). He cites his own example that despite being an amputee, he proved himself & continued to command a battallian and risen to the rank of Maj. General. Today he heads RCI as its Chairperson.


Thousands of soldiers are boarded out medically every year from Defence Forces on acquiring disability attributable to service. And their opportunity to contribute to the nation are taken away by Medical Boards. 

Can Indian Defence Forces look at Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act at policy level and take a firm resolve that they will respect the sacrifices of their war wounded soldiers by giving them opportunities in service?. If I am game for it, I can create a number of opportunities for them in administration, logistics and several other areas that involve ground duties. This will be a trend setting step on the part of Defence Forces to respect the human diversity and abilities.

We know, currently all defence establishment are exempted from the purview of PWD Act 1995 !

To read the news click on the links below:




1st wheelchair-bound officer promoted as Major General
New Delhi, Oct 27, (PTI):


History was created in the Indian Army today when a wheelchair-bound officer was promoted to the rank of a Major General.

Belonging to the elite Parachute regiment, Maj Gen S K Razdan picked up his two-star rank today and is posted at the Headquarters, Integrated Defence Staff, Army officials said here.

The 52-year-old Para Commando was left paralysed below his waist after a spinal injury 15 years ago during a gunfight in Kashmir, an effort which had won him a Kirti Chakra, the country's second highest peace-time gallantry award.

In a daring effort in 1995, Razdan had taken on terrorists and saved the lives of 14 women in a 16-hour operation in Damal Kunzipur on October 8, which also happens to be his birthday.

The officer was shifted to the Army's Base Hospital in the national capital, where he was treated for his injuries. The Army has in the past promoted amputee officers to General-officer rank, but this would be the first time a wheelchair-bound officer has become a Major General, the officers added.

Wednesday, October 13, 2010

An unending struggle for the disabled: Experiences of Ms. Shalini Sethi

Dear Friends,

Today, I am sharing with you a write up by Ms. Shalini Sethi who initially named it "Plight of the Disabled", however, I have suggested the name "An unending struggle of the disabled- Experiences of Ms. Shalini Sethi. 

Article raises few very crucial points on the existing status of the employment scenario for the disabled,  administration of justice as well as work conditions that prevails for persons with disabilities especially for women. I am thankful to Ms. Sethi for sharing this article and agreeing for wider circulation and publishing it here on this blog. 

Here is the article:

An unending struggle of the disabled: Experiences of Ms. Shalini Sethi, Delhi -a promising human resource with disability.

Hon’ble Prime Minister, addressing a conference of state ministers of welfare and social justice on 7th September, 2009, expressed his displeasure at the progress of the ambitious Public-Private Partnership Scheme to generate employment for the disabled.

2. Ironically, the performance in the Public Sector too has not been any bright. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 came into effect on 1.1.1996. The Act made 3% reservations in identified posts for persons with disabilities in all Government establishments, including bodies substantially funded by the Government, to provide them equal opportunities and also to ensure their full participation. These vacancies were equally allocated to three identified types of disabilities viz.(i) blindness and low vision;(ii) hearing impairment; (iii) locomotor disability or cerebral palsy, but were interchangeable in case of non-availability  of suitable candidates in any of these disabilities. There are indications that the establishments have not been fair. Over the years, unfilled vacancies in one form of disability have not been transferred and filled up by other suitable form, as per the directions given in the Act, to manipulate their overall 3% quota. Rather these vacancies were either carried forward or transferred to the non-reserved category, thereby blatantly depriving the disabled their full share of equal opportunities. Besides, the appropriate Governments are given the authority of exemption, taking away large chunk of vacancies out of their reach, making 3% reservation nothing but farce.

3. I was born with multiple congenital deformities, affecting my upper and lower limbs. I am thankful to my parents and the Doctors, who helped me to stand on my feet. I had to bear incessant body pains and had to undergo continuous medical treatment, all through my school and college days, which affected my grades. I passed B.Com. Examination from Delhi University, in 1991 and obtained Diploma in System Management from NIIT in 1993. The struggle only strengthened my determination. I did several private jobs, during which I acquired experience in communication skills, customer relations, customer care and management as centre head, but was constrained to travel long distances and the jobs I got were not stable. I applied for disability certificate, quite late in my life at the age of 35 yrs., expecting that this might help me in getting suitable job in Government organization. This certificate first issued to me on 20.5.2006, took almost one year, facing lot of hassles, finally assessing me with permanent disability of 48%. Thereafter, I started trying for a job in government establishments but my experience here too has been frustrating.

4. In November, 2006 the Income Tax, Department of Revenue, Ministry of Finance; Government of India invited applications to train 5000 graduates to become Tax Return Preparers (TRPs). Constrained by my mobility problems, this scheme offered a good opportunity for me. I fulfilled the required qualifications but needed slight relaxation in age.  The scheme was entirely funded by the Government, including the cost of training, arranged through NIIT; also providing these TRPs their logistic support, thereby fulfilling all the parameters of the Act, but not providing relaxation and consideration for persons with disabilities. The matter was timely brought to the notice of the Chief Commissioner for Persons with Disabilities, who is supposed to protect the interest of persons with disabilities, but he failed to take timely action. The plea was rejected on the ground that the Act made no specific provisions for such self-employment schemes. Sadly, this happened at a time, when the then Hon’ble Finance Minister announced the ambitious scheme of Public-Private Partnership to generate more opportunities for persons with disabilities, while his own Department was blocking even their legitimate opportunities. It is unfortunate that the respondent department did not present the correct picture of this scheme before the Court of the Chief Commissioner, claiming that was only to facilitate training of these TRPs and that they were not under any contract with the Government or with any other person or organization to function as TRPs, either for the purpose of employment or otherwise, while the fact as on date is these TRPs may not be the direct employees of the Government, the Department is still actively supporting them, spending Government money on advertising their services through its website or otherwise, maintaining a Resource Center for them, retraining them in filing returns in other taxation matters, arranging concessional finance through public sector Banks etc. Respondents committed before the said Court that it proposed to conduct more of such training programmes, but has not come out with any such program, after their first selection nor the Ministry of Social Justice and Empowerment seem to have considered it appropriate to facilitate reservation and relaxations to persons with disabilities in such self-employment and development of entrepreneurship skills for them.     

 5. Around this time SBI, PNB also made massive recruitments of clerks. I could not apply for these jobs because I slightly fell short of their percentage of marks requirements. The Delhi Metro Rail Corporation, in recent times, too has made lot of recruitments but it seems that it is yet to find any suitable posts for persons with disabilities. Delhi Jal Board, Delhi Subordinate Selection Board, Employees State Insurance Corporation, advertised the posts of clerks, requiring compulsory speed in typing, difficult for persons with in coordination of muscles in hands. The Income Tax Department advertised the post of Tax Assistants, requiring high level of data entry speed. LIC Housing Finance Corporation, promoted by LIC, a Government sponsored body, advertised the post of customer care executives but did not make any relaxation, claiming to be a non-government body.  I was well qualified for these posts but could not apply because I could not meet their requirements, without the legitimate relaxations. I also registered with the Special Employment Exchange set up by the Government to help persons with disabilities to find a suitable job, but in 4-5 years I am yet to receive any call. I lost these opportunities because  the Government departments, the public sector Banks and institutions do not honestly, sincerely and seriously follow the Persons with Disabilities Act and the extant instructions, guidelines and directions, as contained in  the Department of Personnel & Training  OM dated 29.12.2005.

6. I finally got a job with the IDBI Bank, through an all India test conducted by the Bank. This job of an Executive, though initially on contract, on year to year basis, was to lead to final absorption in the service of the Bank as Assistant Managers over the period of 4 years, through a selection process. I joined this Bank on 26.11.2007. Having struggled a lot, this job was a good opportunity for me. I worked really very hard and was performing very well. However, then came a new Branch Head, who joined my branch in July, 2008 started harassing me for no reason, even teasing me on my disability perhaps due to ignorance or due to his attitude towards disability. I bore his indignities for over 3 months hoping that he also will go one day and some new Head will replace him. However, finding no respite, I was compelled to complain against his misbehavior to the Head, HRD on 21.11.2008. Four days later, on 25.11.2008, when I was about to leave the Bank, after day’s work, I was served a fax message that the Bank has not renewed my first year contract, expiring on the same date by efflux of time. My father wrote to the Head, HRD, on 1.1.2009, reminding him on the complaint, seeking proper justice but received no response. He then lodged a formal complaint, on my behalf, with the Chief Commissioner for Persons with Disabilities on 24.2.2009, followed by an e-mail sent to him on 1.3.2009.

7. My experience at the Chief Commissioner’s office was again very frustrating. The Chief Commissioner is bestowed with judicial powers under the PwD Act, to safeguard the rights of persons with disabilities, listen to their complaints of harassment and discrimination. However, he  took full 13 months to arrange some sort of hearing. My first complaint made on 24.2.2009 was rejected outright in April 2009, not following the prescribed procedure as laid downs in the Rules framed under the PwD Act, consideration of the complete facts and my personal complaint of harassment, ruling the complaint inappropriate, claiming that the terms and conditions of the contract gave the Bank unconditional discretion not to renew my contract, which was factually incorrect. My father  took up this matter again with the said Chief Commissioner in August, 2009, this time with  relevant data, collected through RTI application, establishing that  the Bank was not honest, sincere and serious in  following the provisions of the PwD Act, extant rules and regulations, instructions, guidelines, directions etc., as  contained in Department of Personnel & Training. Ministry of Personnel, Public Grievances and Pensions OM No. 336035/3/2004 Estt.(Res) dated 29.12.2005, and, therefore, discriminating against the persons with disabilities. This time again the Chief Commissioner, still not following the proper procedure, nearly 4 months later, simply forwarded this complaint to the Bank on 7.12.2009, advising the Bank to take action in accordance with the Government OM of DOP&T. Eventually, on third petition of my father on 19.11.2009, the Chief Commissioner issued another order on 2.3.2010, fixing the date of hearing on 22.3.2010.

8. The hearing that followed was conducted in undue hurry, not properly listening to facts, the evidence produced, the arguments that I had to give him a written brief, explaining all facts, data, proofs to counter the submissions made by the respondent, which was followed by an e-mail sent to him immediately thereafter, but he ignored all these submissions. Consequently, the order he issued on 5.4.2010 was not only vague, inconsistent but also not based on evidence and facts, presented before his Court. To him, the Act, the extant instructions, directions etc.  and OM issued by DOP&T, which he earlier advised the Bank to follow, were of no significance. He completely relied on the review report given by the Branch Head, the person I had complained for my harassment. The Deputy Chief Commissioner also did not feel it necessary to call him to depose, ignoring my complaint filed against him, completely. The facts, data, evidence produced before the Deputy Chief Commissioner were quite clear and he could have given me proper justice, rather than forcing me to knock the doors of the High Court.

9. The High Court took notice of my petition in May, 2010 and fixed the date for hearing on August 30, 2010. Hearing was held on due date but fresh date had to be given because the Advocate for the Union of India, Ministry of Social Justice failed to file its reply in time while the Advocate for IDBI Bank informed that he was engaged by the Bank a day before and as such needed time for making preparations and file the reply. It looks that these responsible establishments of the Government were not so mindful of their accountability and the Courts in India a bit lenient. The next date of Hearing is fixed on October 18, 2010. Hopefully this will sail through, but my age does not wait for me. I will be 40 yrs. old, coming December.

The Malady

10. The National Policy for persons with disabilities, declared by the said Ministry, accepts that the persons with disabilities are valuable human resource for the country. It is realized that a majority of persons with disabilities can lead a better quality of life if they have equal opportunities and effective access to rehabilitation measures. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was passed and came into operation on 7th February, 1996, which makes provisions for their employment, to give them equal opportunities and ensure their full participation etc. This Legislation was made following the Proclamation signed in the Meet of the Economic and Social for Asian and Pacific Region at Beijing in December 1992 to launch the Asian and Pacific Decade of Disabled Persons 1993-2002. India was one of the signatories of this Proclamation, which, among others, required the signatory countries to spell out the responsibility of the state protection of their rights, remove any discrimination, counteract any abuse and exploitation, equalization of opportunities and make special provision of their integration in the social milieu.

11. It is sad that fifteen years later, persons with disabilities like me, still have to fight for their rights under the Act for equal opportunities and full participation to become part of the mainstream of the society. The Act is a beneficent legislation and has to be perceived by its intent, as enshrined in its preamble and the commitment, the Government made in the above important Meet. It seems that this Act is not being seen in its proper perception and the appropriate governments do not look very keen to implement it in its proper perspective, giving undue discretion which does not seem to have been properly utilized. The administration, the courts, the private employers, the people, all have equal responsibility. The data given in the National Policy, issued by the nodal Ministry, indicate status of reservation of 3.07%, 4.41%, 3.76% and 3.18% in Group A, B, C & D in Government departments, in identified posts in Oct.2006. Similar reservation in PSUs, is given as 2.78%, 8.54%, 5.04% and 6.75%, respectively. This seemingly does not give the realistic picture, because of exemption granted or not granted to the establishments. The point at issue is that there is appropriate provision in the Act, reiterated  by DOP&T OM dated 29.12.2005 issued by the Department of Personnel, Ministry of Personnel, Public Grievances and Pensions, for interchangeability transfer of the reserved vacancies for persons with disabilities from one disability to another suitable disability, to maintain the equilibrium of minimum 3%, reservations for them, which most Government establishments do not seem to be following and instead filling up these posts by open quota. The Delhi High Court has even ruled that that this equilibrium should be implemented, considering the total staff strength in the organizations, (though the matter has reached Supreme Court and there is a stay on High Court’s ruling for time being). The High Court has even ruled that the organizations should even work out suitable posts in their establishments to absorb overall 3% persons with disabilities in their organization. It should also be made obligatory for private institutions to make appropriate provision, by giving them incentive or other-wise levying social responsibility tax.

12.  The Constitution of India ensures equality, freedom, justice and dignity of all individuals. The Ministry of Social Justice and Empowerment, the nodal Ministry, among others, for persons with disabilities, admits that it implicitly mandates an inclusive society for all including persons with disabilities. Here it is apt to quote the Ex- Chief Justice of the Delhi High Court, Shri A.P. Shah, speaking at a National Meet of NGOs on ‘Rejuvenating Partnership’, “Distress and humiliation the persons with disabilities suffer in the country is something that disturbs our conscience of inclusive governance.” He said.  “The country needs to call for a new rights-based approach to ensure social inclusiveness of the disabled.” The Policy admits that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 came into operation 10 years ago (now 15 years) and that with the experience gained in the implementation of the Act and developments in the disability sector, certain amendments to the Act have become necessary, but it seems that the Ministry of Social Justice is yet to bring out any appropriate amendment proposals.     
  
13. Apart from reservations for employment in Government establishments, the Act also provide for affirmative action, which include preferential allotment of land at concessional rates for purpose of house, setting up business. The National Policy envisages setting up supporting structure of services by way of vocational rehabilitation centers and vocational training centers. The Policy further states that considering slow pace of growth in employment opportunities in the organized sector, self-employment of persons with disabilities will be promoted. This will be done through vocational education and management training. Further, the existing system of providing loans at softer terms from the NHFDC will be improved to make it easily accessible with transparent and efficient procedures of processing. The Government will also encourage self-employment by providing incentives, tax concessions, exemptions from duties, preferential treatment for procurement of goods and services by the Government from the enterprises of persons with disabilities, etc. Priority in financial support will be given to Self Help Groups formed by the persons with disabilities. It seems that these policies have existed since the inception of the Act. It has to be seen how far these have benefitted the persons with disabilities. There seem to be no transparency in these schemes. There seems to be hardly any control of the policy implementation authorities on conditions applied. For instance the standard permanent disability of 40% required for eligibility of various concessions but for the dealership etc .the Oil companies demand 40% permanent/partial disability of either upper or lower limbs or 50% permanent/ partial  disability of both upper and lower limb together. The candidate’s income, also including the income of his parents, if he is a dependent should not be more than Rs.50000 per annum. The scheme further states that the company will provide the selected candidates in SC/ST working capital for dealership but no such provision has been made for PH category, expected to arrange the required finance with meager income of Rs.50000. There must be some agency of the Government to watch the rationality of such schemes.

14. The Act commits that appropriate Government and local authorities shall by notification frame schemes in favor of persons with disabilities, for the preferential allotment of land at concessional rates for houses, setting up business etc.  DDA, in the year 2008, allotted flats, which gave only 1% reservation for persons with disabilities, as against 3% such reservation made in other states. It allowed 5% rebate in the cost subject to maximum of Rs. 1.00 lac, on the condition that such flat shall not be alienated for 15 yrs. As these flats were to be handed over on free hold basis, the DDA was not able to clarify how they were going to enforce this clause. There were no such conditions put for any other categories of reservation, which saw a scam that engaged the Government, its economic offence wing and the media for long but still does not seem to have been completely resolved.

15. There are many other issues like the issue of disability certificate, social security measures, which are not transparent and need to be looked into. Selected Government Hospitals, only authorized to issue disability certificates, are too crowded, not properly able to give appropriate attention to persons claiming disability certificates, with large number of other out patients; the doctors do not seem properly trained and sensitized; the authorities are not clear of the criteria and procedures; there is no accountability, which lead to avoidable delays. With the standards of disability fixed, modern tools available to assess the extent of disability, its period etc. it should not be so difficult task as is made out to be. It seems that the revised guidelines issued under DOP&T OM dated 29. 12 2005, rather than easing the certificate has made it more complicated, creating many more classes of disability.

 16. The Income Tax gives relief to the families, deduction of Rs.10000 from their taxable income, to the families not because they have to bring up and support their family members with disabilities for life but for medical facilities.  The pension rules of the Government allow nomination of dependent unmarried daughters above the age of 25 years at par with  widowed/divorced daughters for family pension but in case of  unmarried disable daughter, she has to be crippled and certified by the approved medical authority that she carries a disability that make her incapable of earning her own living. I think the  Government should be aware that it is the families largely who have to take care of their children with disabilities with the Government despite it may be their intention unable to do much. I think that these experiences related to the plight of disable will be taken into consideration, if ever Government thinks of amending the Act to fulfill its intent.   

17. The National Policy envisage that Chief Commissioner for persons with disabilities at the centre and State Commissioner in states will play key role in the implementation of the Policy, apart from their statutory duties.  As per Sec. 63(1) of the Act, the Chief Commissioner for discharging their function under the Act, have the same powers as vested in a court under Code of Civil Procedure, 1908 while trying a suit in matters like summoning and enforcing the attendance of witnesses; requiring discovery and production of documents; requisitioning any public record or copy thereof from any court or office; receiving evidence on affidavits; and issuing commissions for the examination of witnesses and documents. Its proceedings are judicial, within the meaning of Sec.193 and 228 in the the Indian Penal Code. It is deemed as Civil Court for the purpose of Section 195 and Chapter XXXVI of the Code of Criminal Procedure, 1973. My experience with the Chief Commissioner,   as narrated in foregoing paragraphs show inadequacy of this office.  If they have to play a key role these offices need to be adequately strengthened, given appropriate authority, manned with committed and competent officers, made accountable for their jobs.  

CWG Tickets for disabled sold out, but no disabled spectator found!


Dear Friends,

Disabled don't even come on their thought radar forget about taking affirmative actions. The event management agencies, government departments who plan events and similarly placed authorities need to take in to account the accessibility needs when they are planning any such event.

"Tickets Sold" is an easy answer to escape their duties but it is not sustainable in long run. The CWG is answerable to public as to where did the tickets go when no disabled spectators were seen in the events. Either these tickets were sold out to non-disabled spectators at a premium by vested interests or were just thrown away to in scrap only to be picked up the scrap dealer! This is height of non-accountability.
regards
Subhash

Click here to read from source: One token ticket booth for them no fair play

NEW DELHI: Getting a ticket for any Commonwealth Games event is a challenge. And, to get a ticket in the disabled category is a bigger challenge as the only counter at STC Building on Tolstoy Marg is not disabled-friendly. Parved Ahmed, who had gone to STC building to buy a ticket for the power lifting event in the para-sports category, said there was no special parking facility for disabled people. ''They asked us to park at the NDMC parking near Palika Bazaar as parking at the building is reserved for offices,'' he said. 

The ramp outside the building is too steep and no person on wheelchair can climb it without assistance. Even if one manages to reach the building, getting to the ticket counter is next to impossible for any disabled person. There is no separate counter for disabled people at the IRCTC office in STC building. ''They asked us to go inside the office. The doors are narrow and one can't take the wheelchair inside. For people like us, they should have made a counter outside, where we can easily take our wheelchair,'' said Suverna, who had come for tickets for the table tennis competition. 

Like Ahmed and Suverna, there are many people who are facing problems getting tickets for various events. ''We had to buy general category tickets for the swimming competition as we were told that tickets for disabled people have been sold. But to our surprise, the entire stand for disabled people was empty. If tickets are sold out, then where are the spectators?'' asked a spectator, Pradeep. 

NGOs working for the welfare of disabled people are also upset. ''Why can't disabled people buy tickets at the Games venues? There is no information for them at any venue,'' said Javed Abidi, honorary director, National Centre for Promotion of Employment for Disabled People (NCPEDP). 

NCPEDP is planning to ask the Delhi government and organising committee to involve NGOs in the smooth distribution of tickets. ''If they want, we can help them in arranging things for disabled people,'' said Abidi.

Read more: One token ticket booth for them no fair play - The Times of India http://timesofindia.indiatimes.com/city/delhi/One-token-ticket-booth-for-them-no-fair-play/articleshow/6721916.cms#ixzz12EKctXz5

Friday, October 8, 2010

Mines Ministry to GoM: Ask firms to spell out CSR plans

Dear Friends,

A welcome step from the Ministry of Mines, Govt. of India through the draft Mines and Minerals (Development and Regulation) Bill 2010! The consequences of mining on ecology in terms of bio-diversity, flora, fauna and habitat and  on the quality of life of local population are humongous. The Ministry through this draft looks at mitigating these consequences by ensuring that the Companies engaged in mining set out their plans in advance and allocate a certain percentage of their profits for their Corporate Social Responsibility towards the ecology and the local population.

The ministry also wants that the Companies furnish a Progressive Mine Closure Plan  in terms of  "sustainable development framework" that should include details of closure, rehabilitation and restoration activities proposed in the next five years and what companies proposed to invest on these activities.

The draft law also talks about National and State Mineral Funds which could be inter alia used for maintenance of community assets and services for local populations in the area; and human resource development of local populations for creating employment and self-employment capabilities.

There are many areas which might not be liked by the Mining Industry but this is the minimum essential cost that should come from them to the community!

regards
SC Vashishth


Here is the coverage from Indian Express, October 07, 2010
Mines Min to GoM: Ask firms to spell out CSR plans

The metal and mineral PSUs aspiring captive mines would henceforth have to spell out the quantum of money they intend to spend annually in their Corporate Social Responsibility (CSR) activities to secure mineral concessions. If the Group of Ministers (GoM) approves a proposal of the mines ministry to this effect, then these companies would have to elaborate their welfare spent by appending a CSR note in their mining plans.

The suggestion of the mines ministry is currently being deliberated by the GoM, headed by Finance Minister Pranab Mukherjee, which has been constituted to iron out the inter-ministerial differences on the Draft Mines and Minerals (Development and Regulation) Bill 2010. In its supplementary note for the consideration of the GoM, the ministry has said, “without prejudice to the generality of the provisions of the mining plan, there shall be attached to the mining plan in respect to the mining plan in respect of all major minerals, a CSR document, comprising of a scheme for annual expenditure by the lessee on socio-economic activities in and around the mine area for the benefit of the host population...”

In the document the companies would have to spell out the measures for enabling and facilitating self employment opportunities for the populace impacted by their mining activities. “The lease holder shall at the end of each financial year publish in his Annual Report and corporate website, the activities carried out during the year and expenditure thereon,” the ministry pointed out.

Reacting to this move, a senior steel ministry official told The Indian Express that all profitable steel PSUs have earmarked at least 2 per cent of their distributable surplus for CSR activities since 2007-08. The ministry mining behemoth National Mineral Development Corporation (NMDC) has earmarked 5 per cent of its distributable surplus for CSR activities. In total a total of Rs. 290.11 crore had been allocated for carrying out CSR activities by the Steel Ministry PSUs during 2008-09.

This move is likely to trigger reactions from the steel utilities, who meticulously remind all and sundry of their CSR activities in and around their plant and mining areas.......... (click on the link below to read the full story)  Mines Min to GoM: Ask firms to spell out CSR plans

Thursday, September 23, 2010

Design Within Reach - Magazine - The Atlantic

Dear friends

I am amazed at the technology that can keep persons with disabilities on the technical rolls such as Architects ! And this makes more sense as Architects will learn to design not only for eyes but also for other senses - a design that benefits all and not only be visually appealing. The technology has made it possible for the Blind Architects to draw and appreciate the floor plans and elevations!

Have a look at this Article:


Design Within Reach

A blind architect relearns his craft.
ONE MORNING LAST FALL, Chris Downey, an architect, ran his long white cane across a pair of floor-tile samples spread out at his feet in the San Francisco office of an architecture firm, SmithGroup. Gathered around him, a handful of architects watched. They wanted to know which tile he preferred for a new rehabilitation center for the blind at the Veterans Administration hospital in Palo Alto. Downey looked up at Eric Meub, a vice president at the firm—not at him, exactly, just over his shoulder. “The one on the right is distinctive in either direction,” Downey said. “The other one has a preferred direction.” For a blind patient still learning to use a cane, that first tile would give more-predictable feedback.There was an awkward silence. The other architects looked at one another. Downey chuckled. “So you’re saying the one on the right is the one that doesn’t look so good,” he said, grinning.

...........detailed article at   Design Within Reach - Magazine - The Atlantic

regards
Subhash Chandra Vashishth
Consultant -Diversity & Inclusive Environments


Saturday, September 4, 2010

Can the Private Schools really become Disabled friendly without Government Support ?

Dear Friends,

I am surprised at the recent move of Directorate of Education, Delhi directing the private schools to make their school buildings accessible- though without any time frame. It is surely to pass the buck emanating from not only the recent Right to Free and Compulsory Education Act but also the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 by which they are bound.

In the present scenario, making all existing private schools in Delhi accessible is next to impossible by such directives alone. Has the department of education bothered to go and check the limitations under which the private schools function? These shops came up only because the Education Department failed its mandate. It did not provide quality education and hence the parents, including those of children with disabilities looked at private options. Private options, however, charitable they may be, will be restricted by the funds and infrastructure. Now whether it is private mainstream schools or private special schools, money is an important motive, more so for the former kind of schools if not for NGO run (not for profit) special schools.

These schools run in small plots of lands in narrow lanes with hardly any space for play grounds or field work or for other school activities. Most often, these schools are multi-floor with space & economic constraints to make a ramp or construct a lift. Since profit is the one of the chief considerations besides social service in these private schools, every penny invested in retrofitting must give them some benefit else it is a burden on them. You can't expect them to do things in charity for 3% of population for they are not governed by the social justice mandate. When the Government who are governed by the social justice mandate fails to provide accessible and disabled friendly school infrastructure with quality education, how can we expect the same from the small private initiatives to do that extra bit from their pockets?

This precisely means, unless Education department comes up with some financial & Technical support to make the infrastructure accessible, majority of private schools cannot implement their directive. This is a fact which even the department knows. That is why this lip service has been done by merely issuing a directive without doing proper feasibility study before planning. The best answer to this would be creation of a fund by which schools are supported both financially and technically to ensure that the schools are friendlier to children with diversity.

Therefore, the right approach should be that either Education department gives the required support to the schools that do not have sufficient means to implement the access mandate or withdraws such a directive which cannot be implemented in most of the private schools. Passing the buck will not ensure the rights of free & compulsory education for children with disabilities in private schools but will only add to the list of defaulters. 

Its better the Directorate of Education rectifies the biggest mistake of their planning if they really want to ensure every school accessible; else this will remain a utopia - both for them as well as to the children with disabilities intending to study in these private schools.

Regards
Subhash Chandra Vashishth
   


Delhi schools told to make premises more disabled-friendly, activists unimpressed
(Click here to read the news from source


Fri, Aug 13 06:00 AM
If all goes according to plan and Delhi schools pay heed to orders of the Directorate of Education (DoE), schools across the Capital may soon be disabled friendly.

The DoE has directed all recognised unaided schools to remove all architectural barriers that pose a hindrance to movement of the disabled from the school premises. It, however, has not set a timeframe or deadline, raising concerns that this is "just another cosmetic measure".

The directive to schools comes in the wake of the Right of Children to Free and Compulsory Education (RTE) Act which has provisions for the children with disabilities. The DoE has asked schools to remove any architectural barriers "to facilitate the movement of disabled (students or staff) persons".

"This was necessary under the provisions of the Persons with Disability Act, 1995," said an Education department official.

The department has also asked the schools to make provisions for ramps and modified toilets in their school premises. It has, in fact, written to all Deputy Directors of Education (DDEs) that "these two points may be included in the pro forma for seeking recognition from the department and also in the pro forma of inspection of schools".

Javed Abidi, Director National Centre for Promotion of Employment for Disabled People (NCPEDP), said, "I know they have issued a directive to schools. Of course it is too little, too late. But the question is 'are they serious?'"

For affiliation to the Central Board of School Education (CBSE), one of the prerequisites is that the school should be disabled friendly.

But Abidi points out, "They should have given a reasonable timeframe to schools so that they can build ramps or modify toilets. This is all cosmetic. They should tell schools that they would be derecognised if they don't fall in line. I urge them to crack the whip." He says the Supreme Court is monitoring these cases.

Other experts too, were sceptical. Ashok Agarwal, lawyer and activist with Social Jurist, said, "This is just a PR activity. They are not serious." D K Bedi, principal of Apeejay School, Pitampura, said, "This is a welcome step."

Thursday, May 27, 2010

Sulabh toilets can help reduce global warming | iGovernment.in

Dear Friends,

Mr. Bindeshwar Pathak has been criticized by many, right from Sulabh's lofty claims to bad management of toilets in Municipal Corporation of Delhi area, but the remarkable work he has done through Sulabh is an important one. Not only the issues of social inequalities have been addressed by his technologies but also they address the pollution of water bodies and global warming issues! And there is no denying the fact that it deserves credit!

Good wishes to Sulabh for doing this for the man kind and repositioning India as believer of "Sarve Bhavantu Sukhmaya Sarve santu Niramaya". As Sulabh is involved in making toielts not only in India but world wide, I have only one request to make. That is to make and promote toilets which are friendly to persons of all ages and typically to children, elderly, ladies and to those experiencing disabilities as it is they who need these services too and are often ignored during the designing such public conveniences.

regards
SC Vashishth

Friday, May 21, 2010

SC concerned over commercialisation of education | iGovernment.in

Dear Friends,

Is not the new approach of PPP a push to commercialisation of elementary education. Should we be calling it a fundamental right to education of each child then?


New Delhi: "Education has become commerce," a concerned Supreme Court observed and added that many of the mushrooming teaching shops in the country do not even have the basic infrastructure.
The court said that education which was never an instrument of money minting has been reduced to a commercial activity.
The vacation bench of the Supreme Court, headed by Justice GS Singhvi, said that the extent of commercialisation of education could be gauged from the fact that in Maharashtra in one year 464 B Ed colleges were opened and in Haryana there are 25 engineering colleges. The intake in the engineering colleges is not even up to 50 per cent.
Justice Singhvi said, "Education has become commerce. Our generation can't change the mindset. Education is something more than commerce." The court said these institutions "don't even have the basic infrastructure".
In an obvious message that the court was not oblivious to the ground realities, Justice Singhvi said, "Very unfortunately we can't close our minds to all that is happening in the country."
The court made this observation in the course of the hearing of an application by the Association of Management of Ayurvedic Colleges seeking the court's directions to permit their students to appear in examinations.
The association wanted that students who have completed one and a half years of classes should be permitted to appear in the coming semester examinations.
At this, Justice CK Prasad said the students knew they were taking admission in the courses which don't have clearance of the Central Council of Indian Medicine (CCIM).
"We can't compromise on the study of curriculum and nobody can take the exam without completing the course," Justice Prasad said. "Completing one and a half year is not just a matter of duration but to study a curriculum during that period."
Without passing any order on the application, the court said the matter would be heard by the bench headed by Justice RV Raveendran when the court reopens after the summer recess, reports IANS.

Monday, May 17, 2010

Quota in KV for children with Disabilities - Is it in line with Right to Education Act?

Dear Friends,

I often wonder whether in light of the new Right to Education Act, there is any merit to keep quotas in school education for the children with disability! If free and compulsory education it is a fundamental right of every child including those with disability and there are more students seeking admission than the quota fixed of 3%, will the KVs refuse admission to such students.

The KV has still not come out properly on the admission of children with disabilities and unecessarily making news for free education of disabled and setting up a quota for disabled means no sense to us.

Here is the news coverage:

Quota in KVs to be above class strength

NEW DELHI: Reservation in Kendriya Vidyalaya schools will be over and above the strength of a class. This was decided by the board of governors of the Kendriya Vidyalaya Sangathan (KVS) on Friday.

In fact, the earlier policy was not to let the class strength get affected while giving reservation. But this was amended a few months ago bringing the quota seats within the class strength. However, this created problems for children of central government employees. Since these employees are often transferred, they have to look for admission for their kids in new schools.

There are 17 types of reservation in KVS schools. As per the restored system, reservation will be given to students over and above the existing strength of a class in a central school. According to this system, each class will have 40 seats. But another five students can be given admission under reserved category. The students given admission under reserved category will be above the normal strength.

"The reserved students will not eat away the seats for general category students. The reservation will be above the existing class strength," an HRD ministry official said.

KVS has also put in place a new transfer policy under which those teachers will be given priority for getting transfer if their spouses are working in the school of their choice.

The KVS has also decided to set up one disabled friendly school in each of its 18 regions. These schools will have all facilities to help physically challenged students get education. Besides, teachers of Sanskrit can now switch over to Hindi by appearing in certain examination. This will open up promotional avenues for them, the official said.

Source: Times of India, 15 May 2010

Monday, April 5, 2010

"UP has no fund to implement RTE Act" | iGovernment.in

Dear Friends

I fail to understand, how a public representative - the Chief Minister of a State can say this, while poorer states like Assam have gone ahead with seal to implement the same.


It is loud and clear that while the Chief Minsiter has sufficient money to create her statutes and parks and also to develop a security force to protect the statutes created at the cost of public money, while she has no money to invest in children of her state and protect their fundamental right to compulsory and free education guaranteed by the Constitution of India!

Have such politicians any right to remain on the crucial posts they hold?



"UP has no fund to implement RTE Act" iGovernment.in

regards
SC Vashishth

Tuesday, March 30, 2010

Accessibility for all could be a future business model for some

Hi Friends,
Reproducing a beautiful article from Live Mint.Com detailing on the business sense of accessibility. Click on the title to read it from source site. Here it goes.

Accessibility for all could be a future business model for some : Akshai Jain

 
‘Blinkered mindsets’ could be preventing many from spotting the opportunities in making technology accessible

New Delhi: George Abraham is an angry man. “Why is it,” he asks rhetorically, “that I can’t issue a cheque without having it countersigned by another person? Or buy a railway ticket without wasting hours at a station?”

The brunt of his rage, however, is reserved for the cricket coverage of television channels. Very often, he says, at the end of an innings commentators sign off leaving the final score to be displayed on screen. While that works fine for everyone else, it prematurely ends the game for him, because Abraham is legally blind. But as a cricket enthusiast, bowler and the chairman of the Association for Cricket for the Blind in India, he’s very interested in knowing the score that he can’t see. “The only reason I haven’t smashed the television so far,” he seethes, “is because I own it.”

Similar sentiments are repeated across India’s disabled community. At a time when information technology and communications systems are becoming more sophisticated, and electronic devices are proliferating, this 60-million-strong population finds itself increasingly isolated.

In India, few of the new systems in the market have accessibility features that allow the visually, hearing or motor disabled to use them. “Technologies of the 1980s and 1990s like DOS (disk operating system)-based systems were character based,” says Kiran Kaja of the UK-based Royal National Institute of Blind People. “It was easy to provide accessibility in them, but current systems are very different.”

Touchscreen interfaces come without voice recognition technologies that the blind need; mobile phones are shrinking in size, making it difficult for people with motor disabilities to use them; remote controls have no standardization, requiring disabled users to familiarize themselves with each anew; and most Indian websites aren’t designed to work with screen reading software. As a result, while life has become simpler for the “normal” population, the disabled find themselves facing new obstacles.


The problem, according to Javed Abidi, one of the country’s best-known disability activists, is neither technological nor financial but, “lies in a lack of awareness and in blinkered mindsets”. Companies that sell products with built-in accessibility features abroad don’t market them here. “In countries like the US,” he says, “there are laws, section 508 for example, that lay down accessibility standards. We need something similar here.”

That already seems to be happening. In 2009, the National Informatics Centre came out with the Guidelines for Indian Government Websites that require all 6,000 or so government websites to adhere to strict accessibility guidelines. These sites now need to have alternative text for all images, icons where possible and need to limit the use of embedded applications that don’t allow screen reader access, etc.

A number of government websites are now completely accessible. “Change has been slower coming to corporate sites,” says Shilpi Kapoor of BarrierBreak Technologies, a Mumbai-based accessibility consulting firm, “but the guidelines have been a great first step towards creating awareness”.

A National Policy on Universal Electronic Accessibility is also on the drawing board. The ministry of social justice and empowerment, department of information technology, companies such as Microsoft Corp. and disability experts like Abidi and Kapoor have been involved in drafting it. Industry organizations such as Confederation of Indian Industry and Federation of Indian Chambers of Commerce and Industry provided suggestions. The policy, which will be released in a few months, lays down accessibility standards for information and communication technologies and electronics.


The drafting committee has decided to keep the policy recommendatory. “It’s a strategic decision,” says Abidi. The idea, at least initially, is to create basic standards and make manufacturers aware of them. Implementing these standards is going to involve costs of redesigning and standardizing products, a process that Abidi says is “complicated; and the procedures for which are best evolved gradually”.


The advocacy of the last few years has in the meantime already started paying off. A handful of companies have realized the market potential of accessibility and they’re reworking their technologies and business models. They acknowledge that the returns on their investments are not going to materialize anytime soon, but see their efforts as a long-term investment in broadening their markets.

Anil U. Joshi, programme director of IBM Corp.’s India human ability and accessibility group, is almost evangelical about the opportunities the new sector holds. “It’s a myth,” he says, “that accessibility is a niche or low-income market.” Neither does he believe that accessibility is only about the disabled. “Not knowing a language is a disability,” he points out. “The elderly and those with low literacy also suffer from disabilities similar to those of the disabled.”

Disabilities, Joshi believes, are graded. Instead of viewing accessibility features as a corporate social responsibility add-on to their products, companies need to start looking at their products as catering to various degrees of ability. “There’s a great demand out there for more accessible products,” he says.

IBM India has been working on a series of enhanced accessibility products over the last few years, most of which serve multiple purposes. Their Hindi speech recognition technology can be used for educating people with disabilities, and finds application in making ATMs more accessible. It’s currently also been licensed to the Centre for Development of Advanced Computing for transcribing parliamentary speeches.
The spoken Web is an effort to create the voice equivalent of the Internet. It consists of a series of voice sites that are created by users over a telephone. These sites can be linked to each other, indexed and searched. People with visual disabilities or low levels of literacy can easily create and browse these sites. The project has been tested in a few villages in Gujarat and Andhra Pradesh, where it’s been immensely successful.

A similar realization is taking place at Yahoo India, where a five-member accessibility team has been working to change the “developer’s mindset”. “Building accessible sites is about going back to the basics,” says Subramanyam Murali, content engineer at the company. “It’s about building functionalities first and then adding the enhancements.”

The separation of basic functionality and enhancements has not only made their sites more dynamic, but has “significantly” reduced the bandwidth they require.

“It does take an additional 10% effort to design an accessible site,” states Murali, “but it pays off in the long term”.


The engineers at Yahoo have also introduced captioning for video on their site, made sure that colour-coded elements on the site are accompanied by text, and created user interface components that comply with the accessible rich Internet applications standards of the World Wide Web Consortium. According to Murali, most Yahoo sites are now screen reader friendly. “Working with assistive technologies has become cool,” he says, smiling.

Changes have also made their way to banks and ATM manufacturers, although with a nudge from the Reserve Bank of India, which recently put out a guideline that requires 30% of new ATMs to be accessible. Rakesh Aulaya, spokesperson for NCR Corp., which manufactures ATMs with audio start-up and guide menus, Braille keypads and voice recognition technologies, says that the roll-out so far has been small since banks need to upgrade their software to use these ATMs. But he expects a significant increase in demand over the next few years. “For banks the costs involved are small,” he says, “but the benefits will be high.”

Manufacturers associations have supported the introduction of accessibility guidelines, even though they’re unsure about its affordability. “The costs (and returns) of accessibility will vary widely from industry to industry,” says Vinnie Mehta, executive director of the Manufacturers Association for Information Technology. “Larger companies may not require subsidies, but for others government subsidies will be important.”

It will be a while before electronic accessibility becomes common, but Abraham agrees that things are improving. Cricket coverage might not have changed, but television channels such as Star Movies and Zee Studio have started subtitling some of their films, and My Name is Khan has become the first Bollywood film to be released with Hindi audio descriptions for the visually challenged.

Monday, March 29, 2010

Sign Language Poetry

Poem in sign language - unheard of.
Poets who have forsaken words with a wave of hands

Vineet Gill
TNN

New Delhi: Mainstream poets play with words to channelize their spontaneous overflow of powerful feelings.But some poets express their angst,joy,hope,despair through signs.For hearing-impaired persons too,poetry is a possibility.

Today,sign language (SL) poetry has evolved into a refined art form.And Dutch filmmakers Leendert Pot and Anja Hiddinga have brought this obscure and relatively new art to the capital through their five short sign language poetry films,to be screened at India Habitat Centre on Friday evening.

Every country has its own sign language.It has its own grammar and vocabulary.And playing with the conventions of any language gives you poetry, said Anja Hiddinga,adding that this art scores over conventional poetry by involving the visual space also. The message or the content is as important as the form or the gestures in SL poems.Movement of the hands of the poet,while performing,is an integral part of the poem.And the use of different camera angles and the play of lights and shadows add different dimensions to the whole performance, said Leendert.

Anja and Leendert have roped in professional translators to translate the poems of Dutch SL poets,Wim Emmerik and Giselle Meyer,to English and Dutch.The duo has filmed the poets performing their poems in SL,with English and Dutch subtitles below.

The organizers and filmmakers believe that this will not only be welcomed by the art lovers of Delhi but will empower the hearing impaired communities all over the country,giving them new possibilities of expression. A deaf person doesnt want to be constrained by his handicap.They want to communicate with as many people as possible.And poetry is a good vehicle for that, said Leendert Pot.

The idea of SL poetry films was conceptualized in 2002 by the two filmmakers when they were making a documentary about Anjas two sons who are hearing impaired. At the end of the documentary,I had Anjas son perform a poem in sign language,and I was deeply moved by it.We thought of doing something about it.We got together every week,and it took us about two years to finish the whole thing.We have been on the road since 2005 promoting and popularizing the films, said Leendert.


NEW GENRE

Sign language

A set of gestures and signs to convey the meaning visually, rather than acoustically, using varying hand movements and hand shapes

Though no international standard exists,sign languages in different countries are similar

Sign language poetry

An art form that uses the conventions of sign language for a poetic expression

Like poetry,SL poetry too has different poetic devices such as symbolism,alliteration,metaphor

A rhyme in a SL poem is conveyed by a repetition of a hand movement