Monday, February 22, 2010

We need indepent commissioners for Disability and a minimum wage social security

Dear Friends,

I second the demand of United Voices for Disability Equality in Odisha with little additions.

What we require is an Independent Commissioner for disabilities, with a rank equal to secretary & be preferably from the disability sector! Also the amount of social secruity has to match with minimum wages for skilled workers looking at cost of living index in each state. The charity doles of 500, 700, 1500 do not help the person with disability live an independent life. We need to say clearly "Please stop playing politics here, we are a potential vote bank of 10.21 lakh and if we include our families, friends and wellwishers, this number could be four fold and can be devastating for the prospects of any political party in the ensuing elections!

regards
Here is the news report on demands of "United Voices for Disability Equality"

Hike in aid for the disabled

BHUBANESWAR: The number of persons with disabilities is 12.21 lakh. But Orissa is yet to have a full-time and independent disability commissioner .

Differently-abled persons under the aegis of United Voices for Disability Equality (UVDE) today demanded filling up of the post before the ensuing Assembly session for immediate redressal of the problems of people with disabilities (PWDs) .

The office of the commissioner should be outside the State Secretariat building with barrier-free access, they demanded saying currently the PWDs are facing many problems even to reach the official concerned .

It would be better if the commissioner can be selected from among the differently-abled persons or parents of the disabled children so that the actual problems of the PWDs can be solved immediately, they said .

The forum, after a day-long deliberations today decided to give a memorandum to the Chief Minister, minister concerned, Opposition members and all MLAs tomorrow. “If the Government fails to make an announcement before the Assembly session then we would hold a protest before the Assembly,’’ they said .

The UVDE, consisting of 11 organisations from 21 districts, also decided that they would be forced to go for an agitational path further if the Government would not pay any heed to their genuine demands during the session, they said adding in 18 states across the country disability commissioners are working independently according to the PWD Act passed by Parliament in 1995 .

They told mediapersons that even when a disability commissioner incharge takes the burden here, he/she cannot function independently as he/ she also looks after the programmes of other departments .

Some UVDE members even said that though the ruling BJD manifesto had been mentioning about appointment of a disability commissioner for the last three elections, no initiative is taken yet .

“Not only this is a betrayal, but politically it means a lot to all our 10.21 lakh member community,’’ they said alleging that by not appointing a disability commissioner the Government is violating the human rights of the differently-abled people, which are guaranteed under the PWD Act .

Not only the appointment of the official, but Orissa is still providing a monetary benefit of Rs 200 a month to differently-abled persons as assistance and it is far less than in other states .

While Goa is giving Rs 1,500 and Delhi and Uttar Pradesh Rs 900, Maharashtra and Kerala are providing Rs 700 a month .

On the other hand, while Andhra Pradesh, Chhattisgarh and Uttarakhand are giving Rs 600, newly-formed Jharkhand gives double the amount of what Orissa provides, they said .

“With 2.78 per cent of the State population, we always deserve a better deal,’’ they pointed out and urged the Government to acknowledge their rights first which are ensured by the Constitution .

Friday, February 19, 2010

Throwing out workers with visual disabilities enmasse may be a bad precedent!

Dear Friends,

Cases like this are surely a discouragement to the voluntary initiative of private sector and are in bad taste-  both for employers and employees with disabilities.

Its difficult to prove how it all started and whether it was due to conflict between Management and Union or really due to no work being done by workers. One thing is clear, if the workers have been working for five years, they can't be shunted out in this fashion.

The management on the other hand should seek the active involvement of disabled employees in providing reasonable accommdoation. I also see a larger role here of NGOs that work in employment areas to diffuse the crises to set good precedent!
regards
Subhash C Vashishth

-Nisha Nambiar

Pune: Approach disability commissioner; company says they were doing no work but will get pay till probe ends.

Twenty visually-challenged workers, who were suspended by a private firm in Chinchwad, have approached the Disability Commissioner complaining about violation of their rights under the Equal Opportunity Act 1995, which says disabled persons cannot be suspended.

Uma Precision Pvt Ltd had issued the suspension orders on Monday. The workers submitted their representation to the Commissioner on Tuesday. The matter will be heard on Friday.

Advocate Vaishali Sarin said that the employees have been working with Uma Precision since the last five to six years and the company cannot suspend them. “It is against the law,” she said. Sarin along with these workers will hold a sit-in protest at the company’s gates on Wednesday morning.

The firm has been into auto ancillary products for 30 years and has nearly 500 employees. It had employed the workers in its punching unit. They had been working since 2005. The workers, who are part of the MNS’s Maharashtra Navnirman Kamgar Union, had clashed with the firm’s officials earlier too.

The company officials said the workers were suspended and a probe was being conducted. Director of the firm’s Human Resources department Dilip Tilekar said the employees were not doing any work and were suspended for gross misconduct. “A committee would conduct the probe. There would be a hearing in the coming week. They would be given a chance for their say,” he said. However, these employees will continue to get their pay till the probe is completed and hearing of the case is conducted, he added.

Sarin, however, maintained that workers had been doing good work and many of them are the sole breadwinners of their families. “I am the sole breadwinner of the family. It would be very difficult to find another job soon,” said one of the suspended workers. Trainer Sunil Chordia alleged that the workers were not given adequate work and the company cannot complain about them sitting idle.

emergency medical aid now legally binding on Doctors & hospitals


The legislation "makes it mandatory to provide, stabilise and treat emergency medical conditions for doctors, hospitals and medical establishments.

Published on 01/29/2010 - 09:50:24 AM

New Delhi: The cabinet approved path-breaking legislation making it mandatory for doctors, hospitals and other medical  establishments to treat victims of road accidents and other emergencies and not turn away patients on specious pleas, official sources said.

The legislation "makes it mandatory to provide, stabilise and treat emergency medical conditions", official sources said of The Clinical Establishments (Registration and Regulation) Bill, 2010, that the cabinet cleared at a meeting presided over by Prime Minister Manmohan Singh, reports IANS.

Once parliament passes the bill, doctors and hospitals will not be able to turn away victims of road accidents and other emergencies on the plea that these are "medico-legal cases" which they are not authorised to treat, the sources pointed out.

The Bill will apply to all clinical establishments, including those with a single doctor and without any beds, the sources added.

"The main purpose of the law is to provide a legislative framework for the registration and regulation of clinical establishments in the country and also to improve the quality of health services through the National Council for Standards by prescribing minimum standards of facilities and services which may be provided by them," Information and Broadcasting Minister Ambika Soni told reporters after the cabinet meeting.

"This would permit categorisation and classification of different clinical establishments depending on their geographical location as well as services offered. It will also initiate the process for the creation of a national registry of clinical establishments existing in the country," she added.

"The Bill will ensure elimination of fraudulent practices or taking patients for a ride," Soni said.

The Bill, which will apply to all systems of medicine, including allopathy and AYUSH, is likely to be tabled in the Budget Session of Parliament beginning February 22. It, however, doesn't apply to the Armed Forces Medical Service "since they have their own set patterns in place", the sources said.

Once approved by Parliament, the Bill will be initially applicable in Arunachal Pradesh, Himachal Pradesh, Mizoram, Sikkim and all the Union Territories.

"It is expected that other states would also adopt this legislation," Soni said.

It was pointed out that while some states, among them Maharashtra, Orissa, Manipur, Andhra Pradesh, Nagaland, Punjab and Delhi, had passed similar legislation, "there was much to be desired by way of implementation.

"Stake-holders also pointed to the need for national levels of standards and hence this bill," official sources said.

The Bill, which the cabinet initially approved in June 2007, was tabled in Parliament in August of that year and referred to the Standing Committee on Health. The committee made 60 recommendations, of which 36 have been incorporated in the Bill.

Leprosy cured/affected still begging for want of rehabilitation measures & non-acceptance of society

Give leprosy-affected a chance: Times of India


IANS, 31 January 2010, 03:05pm IST

"Maataji, Babuji, namastey, namastey!", he greets people brightly at the traffic light, a smile lighting up his creased face. Kondasamy is one 31st Jan, World Leprosy Day (Getty Images) among the hundred leprosy patients in Delhi.

If Kondasamy, in his 30s, has ever been pained by noticing people shrink away when he puts out his disfigured hand for alms, then he has chosen to hide it behind his ever cheerful veneer.

"Tum ko uparwala banaye rakhe (may the almighty bless you)," he says in humble thanksgiving to anyone who gingerly drops a coin into the aluminium can - taking great care to ensure they do not touch the utensil - dangling from his wrist.

Kondasamy, who belongs to Bangalore, says he is cured of the disease. "I am cured. I was cured 15 years ago," he says cheerfully.

Kondasamy begs for a living to feed his family - his wife, also a cured leprosy patient, and his two-year-old daughter, who does not have the disease. He stays at a Kusht Ashram (leprosy home) in south Delhi run by the government, where there are many others like him.

"Yes, we have doctors coming to check us and I take medicines," he says. His wife stays at home to look after the child. Like Kondasamy, some of the other inmates of the ashram go out to beg.

In India, the recorded cases of leprosy have fallen from 57.6 per 1,000 people in 1980-81 to less than one per 10,000 in December 2005, which is considered the level of elimination by the health ministry as short of total eradication.

One can spot leprosy patients outside major temples in the capital, including the Hanuman temple in Connaught Place and the Sai Baba temple in south Delhi's Lodhi Colony. They sit on wheelchairs, with their belongings - all stuffed into plastic packets hanging from the chair. The wheelchair is their home - come winter, summer or rain. For protection against inclement weather, they have a thick plastic sheet to cover themselves.

And on days when there is sufficient water, like when a pipe nearby has sprung a leak, one can see them squatting near the water source, soaping themselves and enjoying a bath, by the roadside.

Food is not a problem for them if they are positioned outside affluent temples. They often get to savour platterfuls of puri, halwa, aloo subzi - all distributed by the devout on special auspicious days - notably Tuesdays and Saturdays. On other days, they get enough alms to buy food.

Leprosy (also known as Hansen's disease) is caused by a bacillus, Mycobacterium leprae. According to the World Health Organisation, the bacillus multiplies very slowly and the incubation period of the disease is about five years. Symptoms can take as long as 20 years to appear. Leprosy is not highly infectious. It is transmitted via droplets, from the nose and mouth, during close and frequent contacts with untreated cases.

According to the International Federation of Anti-Leprosy Associations (ILEP), a federation of 15 non-governmental anti-leprosy organisations, based in London, India currently has about 64 percent of all the new leprosy cases in the world, followed by Brazil with about 17 percent, then Indonesia with about 7 percent. Other countries reporting more than 1,000 new cases in 2006 include: Angola, Bangladesh, China, The Democratic Republic of Congo, Madagascar, Myanmar, Nepal, Nigeria, The Philippines, Sri Lanka and Tanzania.

A cure for leprosy was identified in the form of Multi Drug Therapy (MDT) that came into wide use from 1982 following recommendations of WHO.

ILEP says: "Many of those cured of the disease will have to live with the consequences of leprosy. It is estimated that probably at least 3 million people are living with some permanent disability due to leprosy, although the exact figure is unknown."

In the national capital, MESH (Maximising Employment to Serve the Handicapped), an NGO working with 40 groups of disabled and leprosy affected people for their rehabilitation, trains them in different craft skills.

The leprosy affected or their children are trained in weaving, designing, woodcraft and toy-making. The end products - elegant bedspreads, table linen, cloth bags, stuffed toys and cards are sold at their outlet in Delhi and Hyderabad.

MESH held an exhibition and sale of handicrafts made by leprosy affected people at their south Delhi outlet Saturday, and also screened a documentary "Towards Dawn".

Now some "Action Plan" to set things right at Asha Kiran

Dear Friends,

This is subsequent to my earlier posts on continued deaths of inmates at Asha Kiran - A Govt. Run home for Intellectually challenged persons. Now after several deaths in a row and mass agitation by Civil Society, finally Delhi Government seems to have woken up to the mess that has been created at the Govt. run home for the Intellectually Challenged persons. This indicates that persons with disabilities with no family support are not the priority of the Government. 

I have three major objections to this process:

(a)  It is surprising to know that no civil society organisations/stakeholders were invited to the meeting.
(b)  Secondly appointing contractual employees in these centres will not improve the conditions unless they are given decent wages.
(c) Thirdly though the Delhi Govt has admitted lapses on the part of authorities, there is no criminal action on the persons responsible indicating how Delhi Govt. values lives of persons with disabilities!
(d) The whole process of managing the action plan seems to be medically oriented with Doctors treating the patients! There is no rehabilitation professional involvement nor is any thing being discussed to ensure their social political rights, Right to education for children under 18 years, vocational training etc.

I wonder whether the thought process in the political class has undergone any change in light of  India proudly signing UNCRPD ! There is no doubt that  involving civil society, National Trust and Rehabilitation Professionals will give more credibility to the Government's action plan and the Government should seriously consider this for in absence of this and given the past expereince, we might see the condition of these homes "back to Square one"!

Here is the coverage from Zee News and Times of India on the subject.

regards
SC Vashishth, Advocate


Delhi Govt. Brings Action Plan : Zee News

New Delhi: Under attack for a spate of deaths at an observation home run by it for the mentally challenged, Delhi Government on Wednesday came out with a time-bound action plan to ensure proper care and medical facilities for the inmates.


As per the action plan, some of the over 700 inmates at the Asha Kiran Home would be transferred to three buildings within next two months to decongest the existing home so that each mentally challenged child get proper care and attention.

The Government also decided to deploy well-equipped ambulances and upgrade other infrastructure at the home which witnessed 26 deaths in the last five months. Two inmates had died last week while one breathed his last on Monday.

The action plan was finalised at a high-level meeting, chaired by Chief Minister Sheila Dikshit and attended by Finance Minister A K Walia, Social Welfare Minister Mangat Ram Singhal, Health Minister Kiran Walia and Chief Secretary Rakesh Mehta, besides several top officials.

The meeting decided to initiate a series of short-term and long-term measures to overcome existing deficiencies at the home. The home is being maintained by the Social Welfare department.

Yesterday, Dikshit had admitted lapses on the part of authorities and said over 700 inmates were staying at the home against the sanctioned strength of 300.

In the meeting, it was also decided to appoint more attendants on contract basis to ensure proper care of the children.

"To overcome the situation of over-crowding in the Home, it was decided to shift inmates to three other existing buildings, which are being upgraded," an official said.

He said an expert team of the doctors will guide the authorities to shift the inmates. The meeting also decided to appoint separate administrators for the new homes.

Further, a special ward at Ambedkar Hospital is being readied to provide treatment to those inmates who may require hospitalisation, the official said.

Dikshit also instructed the health department to deploy three well-equipped ambulances for the inmates. Apart from this, mental health experts will be visiting the Home on regular interval for check-up of the inmates.

The Chief Minister also instructed authorities to conduct review of all existing homes so that no such incident takes place in future.

Walia and Singhal had visited the home on Monday and suggested a series of measures, including upgrading the shelter to a mini-hospital.
PTI



Finally, Asha Kiran inmates to be shifted : Times of India


TNN, Feb 18, 2010, 12.46am IST
NEW DELHI: After years of neglect and many deaths, the government has finally spelt out relief for inmates of the Asha Kiran home for the mentally challenged in Rohini. What was being proposed for over a decade is now being promised by chief minister Sheila Dikshit who has set a deadline to decongest the overcrowded home by shifting its inmates to three other buildings. One building in Bindapur and two others in rural areas are being upgraded for the purpose. The home as of now has space for 350 but it houses over 700 inmates.


Shifting will be undertaken on the basis of the gravity of the inmates' mental retardation.

The segregation will also be need-based. An expert team of doctors will guide the segregation process. There will be a separate administrator for the three buildings who will be fully responsible for the running of the home and will be accountable for all actions, CM Sheila Dikshit made it clear at a high level meeting on Wednesday.

Further, a special ward at Dr Ambedkar Hospital is being prepared to provide treatment to those inmates who may need hospitalization. The chief minister expressed confidence that there will be a positive change at Asha Kiran within two months.

The meeting, chaired by the CM, was attended by Finance Minister Dr AK Walia, Social Welfare Minister Mangat Ram Singhal, Health Minister Kiran Walia, Chief Secretary Rakesh Mehta, Principal Secretary (Finance) JP Singh, Secretary (Social Welfare) Manoj Parida, Director (IHBAS) and other senior officers of concerned departments.

Dikshit instructed officials to conduct a review of all existing homes so that no untoward incident takes place in future. To cope with the extreme shortage of staff, it was decided to employ attendants on a contractual basis.

Dikshit also said three well-equipped ambulances will be deployed at the home. The ambulances will act like mobile hospitals. Experts from Institute of Human Behaviour and Allied Sciences will visit Asha Kiran regularly.

Monday, February 8, 2010

Can there be a positive discrimination on the basis of religion- "No" says AP High Court

Dear Friends,

This is the third time that the AP High Court has successfully upheld the Constitution of India, which our political class want to derail just to please their votebank. Such a move could have disastrous repercussions if such policy of pleasing the vote banks based on religion is allowed in a secular country like India. 

The imagination itself is so disastrous to the secular fabric of the country. Tomorrow, it will be turn of other minorities to claim their share of reservation based on the percentage of number of citizen following a certain religion. This might lead to a a total failure of the family planning programmes in India because if that be so, each religion would try to outgrow the other religion to get their larger share!!

And what would happen to the "Right to Equality" that is the hallmark of our Consititution? Positive discriminations was permitted on the socio-economic status of certain categories of citizens to provide a level playing field to them to realise substantial equality, however only for a certain number of years. But the political class has continued this formula to please their constituencies, in fact even to the extent of promoting enmity and struggles in the citizenry to be included in the backward classes to avail reservation status (recent Gurjar agitation is a point). In 2009 we saw another amendment to Constitution of India by Indian Parliament to further extend the reservation for SC/ST by 10 years and I think the very basis of such continued reservations indicate two things:
  1. That the benefit of reservations have not reached the real needy due to lack of proper implementation, thus the divide between the poor and the rich continues to grow.
  2. And that this has outlived its utility and is becoming a tool of social divide and unrest hence should be stopped herewith.
Then what do we adopt to realise the constitutional dream of social equality & to reduce the economic disparties amongst its citizens? India is a strange country which has 5 richest people of the world and still the percentage of population living below poverty line is mind-boggling! Such an uneven distribution of resources is a challenge to the move from a socialist economy to a mixed economy while maintaining the Socialist character.

I think the answer doesn't lie in reservation any more. The crutches of reservation will not allow the real empowerment of people. Also the policy has failed to achieve its desired goals despite being continued for more than 60 years now (while originally it was meant only for 10-20 years!), is the testimony to the strength in the argument being proposed. 

It is the equal opportunity to  right to food and nutrition,  free & high quality education, health infrastructure and avenues of employment across the nation without any discrimination on basis of region, religion, gender or any other diversity is going to empower citizenry. Enabling environment is the answer, empowerment is the answer!

Here is the coverage on the Full Bench High Court Decision on the subject.

Subhash



Andhra High Court quashes quota for Muslims


The court ruled that reservation cannot be provided on the basis of religion
 
Published on 02/08/2010 - 12:29:33 PM


Hyderabad: The Andhra Pradesh High Court on Monday quashed a legislation providing four per cent reservation to Muslims in education and jobs, terming it unconstitutional. The state government has decided to challenge the verdict in the Supreme Court.

Delivering the much-awaited judgment, the seven-member constitutional bench headed by Chief Justice AR Dave ruled that reservation cannot be provided on the basis of religion, reports IANS.

It was a majority judgment. Five judges, including Dave, opposed the reservation while two differed with their opinion.

The court verdict has come as a big blow to the Congress government, which had brought the legislation in 2007 providing four per cent reservation to certain backward groups among Muslims.

Some individuals and organisations had challenged the Act, contending that the reservations were unconstitutional. This is the third time since 2004 that the High Court has quashed quota for Muslims.

Ramakrishna Reddy, Counsel of one of the petitioners, told reporters that the court upheld their argument that the survey conducted by the state backward classes commission to identify backward groups among Muslims was not scientific.

The bench observed that the survey on the socio-economic conditions of Muslims was conducted only in six districts and that the backward classes commission relied only on the report of the Krishnan Commission appointed by the government.

Immediately after the High Court verdict, the government decided to file an appeal in the Supreme Court. Chief Minister K Rosaiah directed the state Advocate General to file a Special Leave Petition (SLP) in the Supreme Court.

In 2004, then Chief Minister YS Rajasekhara Reddy had provided five per cent reservation to Muslims but the High Court had quashed the order.

On the court's advice, the government reconstituted the backward classes commission. Based on its recommendations, the government issued an ordinance in 2005 and subsequently the Assembly passed the legislation for five per cent reservation.

But the High Court set aside the legislation saying that its would exceed the 50 per cent total reservation limit set by the Supreme Court.

In an attempt to keep the reservations within the 50 per cent limit, the government issued an order in 2007 providing four per cent quota in government jobs and educational institutions for 15 socially and educationally backward classes among Muslims.

The government brought an ordinance, which was later replaced by a legislation passed by the Assembly.

The four per cent quota was also challenged in the High Court. The petitioners argued that the government identified backward classes without gathering scientific data.

The High Court, in its interim order, permitted admissions made under the quota. This was challenged in the Supreme Court. The apex court stayed the implementation of the order but left it to the High Court to dispose off the batch of writ petitions.