Monday, December 29, 2014

Armed Forces must respect Section 47 of Disabilities Act as a non-discrimination provision

Its an old article from Indian Express published on 15 Nov 2012, however, is very pertinent given a large number of soldiers being discriminated on ground due to acquired disabilities whether attributable to service or otherwise.

Its cruel to see that while a civilian government employee (with a contributory pension) is retained in service and paid his salary in full as a social protection, a soldier who dedicates his life in to the service of nation and ready to sacrifice it on call of duty (eligible for lifelong pension) is left to fend for himself without any social protection in case of acquired disability. This itself means a big discouragement to join the defence forces as a combatant  in comparison to a similar post as a civilian. 

Isn't this nullification of the provisions of Section 47 of the Persons with Disabilities and the spirit of Article 14 of Constitution of India? Its absurd since the section 47 comes under the chapter on Non-Discrimination in the Act! The defence minister must look in to it and consider retaining the provisions of Section 47 to encourage more young minds joining the defence forces at all levels.

Here  goes the article: 

Fighting for a fair deal

M.P. Anil Kumar : Thu Nov 15 2012, 02:54 hrs

The armed forces must do more for differently abled personnel

Generals Ian Cardozo, Pankaj Joshi and Vijay Oberoi are luminaries of the Indian army, for they attained that rank and served in the frontline toughing it out on prosthetic legs.

Soldiers, sailors and airmen, by the very nature of their occupation, are prone to physical injuries, the severest form being spinal cord injury. The conditions — paraplegia (paralysis waist down) and quadriplegia (paralysis neck down) — sentence the victim to lifelong wheelchair mobility.

Given the nature of the profession, the armed forces need to maintain a fit profile. However, not every soldier needs to be in the trenches; the organisation has to deploy a mini-army in the offices to oil the wheels. So, instead of sidelining hors de combat soldiers, they can be retrained for sedentary tasks and made useful cogs in the machine, especially in a computer-driven workplace.

While the norm in the armed forces was to out the spinal-cord-injured personnel, in the early 1990s, realising the worth of his experience and utility to the service, the air force reversed its policy and retained Wing Commander Ashok Limaye, a paraplegic. The army followed suit, thus setting in motion the employment and rehab of wheelchair-bound officers within the services itself.

Beginning with amputees, it expanded to embracing worse-off paraplegics, and this initiative came years before Parliament gave the differently abled community its first sniff of empowerment through the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

Section 47 of the disability act, its high-water mark, is an enabling measure that proactively protects the employment of differently abled government staff. In a nutshell, it states that any employee who acquires a disability during his service has to be retained in the rolls with full pay and other dues till the age of superannuation (pension thereafter), even if he cannot be accommodated in any post. He cannot be denied promotion on the ground of his disability.

One need not wade through the legalese to distil the spirit of this section, which is to enable persons with disabilities to remain employed, thus ensuring their sustenance and restoring their dignity and self-worth. From the vantage point of a paraplegic soldier, all the fizz of this act went flat with the issuance of a statutory notification (SN) via the gazette of 13 April 2002. By exercising the powers conferred by the proviso to section 47, the Union government exempted, prospectively, all categories of posts of combatants of the armed forces from the protective shield of section 47. Since fighting fettle is a requisite, this exclusion does look reasonable. But only on the surface.

While the differently abled civilian employee is looked after, the paraplegic soldier in the prime of life would be wheeled off to fend for himself and his family on peanuts packaged as a disability pension. The government consigns the paraplegic soldier to a far lower quality of life vis-à-vis the differently abled civilian employee. The SN therefore discriminates and does a grave wrong to those who risk life and limb in the line of duty. The irony is that section 47 is unfurled in the act under the rubric of “non-discrimination”. It would be a surprise if the SN was not found to fall afoul of Article 14 (right to equality before the law and equal protection of the law) of the Constitution.

If the government doesn’t rescind the SN to restore parity, then equality demands the enhancement of disability pension to match full emoluments . If not, one expects our lawmakers to restore equal rights among various differently abled employees when the new legislation to attune the disability act to the UN Convention on the Rights of Persons with Disabilities comes up in Parliament. But that could mean a long wait.

While the army struck the right note in the beginning, and one presumed the inclusion of paraplegics had evolved into an imperative, it was inconsistent in absorbing even pre-SN paraplegics. A major invalided out in February 2002 had appealed against his expulsion. The Armed Forces Tribunal upheld his contention and reinstated him. The army, readying to challenge that order, indicated its reluctance to welcome paraplegics back to the fold.

The IAF has a history of compassion, but its test comes in the form of a flight cadet who sustained spinal injury while ejecting from a jet trainer last August. Then four months short of becoming an officer, this paraplegic lad wants to serve the IAF in any non-flying capacity. A change of branch and commission will mean setting a precedent. The lazy option is to throw the rulebook at him and bid him goodbye. That will be a waste of his training and cruel, to boot. Will the IAF choose to be a pioneer by commissioning him? By some coincidence, the navy too will be asked to take a call as for the first time, a wheelchair-bound officer has sought retention.

Perhaps Defence Minister A.K. Antony, who lays great store on fairness, can step in to tell the services to consider the spirit of the disability act to be their lodestar when called upon to decide the fate of a paraplegic soldier.

The writer was a fighter pilot in the IAF

Source: Indian Express


An article by Avinash Shahi on the successful stint of CCPD Mr. PK Pincha

A CCPD to be emulated

- by  Avinash Shahi
Shri Prasanna Kumar Pincha, whose two year stint as the Chief Commissioner of Persons with Disabilities (CCPD) ended on December 27 2014, has left an indelible ink on the disability movement in the country. The CCPD is appointed by the Government of India as per the Section 57 of the Persons with Disability Act, 1995. Being totally blind by birth, his visionary intent and foresightedness is palpable in his groundbreaking judgments
In February 2013, His Office issued the comprehensive uniform guidelines for conducting examinations for persons with disabilities. This Office Memorandum is hailed as pathbreaking judgment by any CCPD since the establishment of the office in 2001. Stories abound that Students with disabilities are often discriminated in the entrance examinations by the exam conducting authorities. 26 February 2013 judgment is a big step forward towards putting an end to such humiliation. As a result of that ruling, the Kerala High Court directed the University Grants Commission to provide NET exam question papers in Braill to all print-disabled examinees. Following that order, UGC has been providing question papers in Braille since June 2014.
His Office also took suo-motu notice against the ministry (MSJE) under which it operates. Mr Pincha summoned MSJE official for not reviewing the list of identified posts as stipulated under the section 32 of the PWD Act. Section 32 of the PWD calls upon the State to review/update the list of identified posts after every 3 years. In the order delivered on 23 November 2012, He directed the Ministry of Social Justice and empowerment to notify the updated list of identified posts and comply within one month. Consequently, the government of India published the newly updated list in early 2013.
In the whole of February this year, disability rights activists staged a successful countrywide movement. It aimed to prevent the passage of anti-disabled RPD Bill which government of that time seemed adamant to legislate in haste without discussion. Delhi Police even batoned peaceful protesters which attracted strong condemnation from the CCPD. Unexpectedly, when the last parliament session of the UPA II government got over, it again stepped-up its efforts to bring RPD Bill through an ordinance. When the ordinance route seemed imminent, Mr Pincha, went out of the box and wrote a letter to the prime minister expressing his reservation against the unconstitutional ordinance. His avowed commitment towards ensuring non-discrimination and protection of the rights of persons with disabilities was evident from the letter which he wrote to the former prime minister Manmohan Singh.
Mr Pincha’s pioneering legacy of disability advocacy is a solid Launchpad which needs to be strengthened by the prospective CCPD. During his tenure he has galvanized the recently established department of Disability Affairs’ which is responsible for dispersing funds and overseeing its actual implementation. His unblemished track record and unflinching commitment towards espousing the rights of persons with disabilities should serve as the eye-opener for the government. And next CCPD should also be appointed who is a person with disability of high repute.
Source: icareinfo(dot)in 

Wednesday, September 3, 2014

Design & Disability - How India is catching up

Design and disability

August 22, 2014  

SANGEETA BAROOAH PISHAROTY

Accessible cabs for the disabled, talking ATMs, Braille and audio signage, camera mouse... a lot seems to be happening in the field of Universal Design in India lately.

It was a family trip to America in the late ’90s that changed the outlook — and therefore the business — of G. Gopala Krishna. Bangalore-based GGK, a materials engineer, had been making signage for use in institutes, hotels, hospitals, airports and public places till then. “Ladies restroom here, lift this way….the kind you usually come across in such places.”

After he returned home, he thought about what he had seen in public places across America. “Alongside the usual signage, there are audio and Braille signages. That set me thinking, why don’t we have any? How do our differently abled people navigate without them? What does our law say,” relates GGK. Realising that we do have a law that talks about barrier-free environment and access to people with disabilities, also the reality that there is hardly any maker of such signage in India, GGK thought of crafting some. After a lot of research, also some more travel to the U.S., he came up with a material and a technique to craft Braille signage. And today, GGK’s company, Braille Signs India-USA, not only produces Braille signage for the Indian market but for countries across the world.

“I realised, a lot of science is involved in making such signage, unlike the usual ones I have been making. The material used in the U.S. has been patented by a company there, so I couldn’t have used it. I thought a lot and zeroed in on a kind of hard plastic. It is long lasting because it is much more rugged and has more resistance to vibration, also vandalism. The best part is, it is less expensive than what is available in America. So I have got an advantage,” says a smiling GGK, a winner of this year’s NCPEDP-Mphasis Universal Design Award, given away in New Delhi every August 14.

If the winners of this pioneering annual award given to individuals and companies since 2010 by Delhi-based NCPEDP alone are taken cognisance of, there are now quite a few instances of home-grown accessible design. Accessible cabs for the disabled, talking ATMs, barrier-free educational institutes, and assistive technology such as hand-gesture controlled remote, audio modules for mobile phones, etc. are all initiatives people and companies have been recognised for. Seems like a lot is happening in the field of Universal Design in the country lately. Particularly heartening when one recalls a conversation with NCPEDP founder and disability rights activist Javed Abidi in 2010 about how difficult was the job for his organisation to fill names of nominees for the three categories of the award.

Going back to Abidi to understand the shift provides a reality check of the situation. “The scenario hasn’t changed much. As heartbreaking as it is, there is not much happening in the area of accessibility or barrier-free design in India. That is not to say that nothing is happening, but not enough. The Universal Design Awards that we give every year, in that sense, is a good wake up call. I sincerely hope that things change and soon,” he says.

More often than not, the trend in India has been that individuals with disability or those with people in their family and friends circle with such needs think up innovative, barrier-free ideas.

“That is partly true, but not always. We have individuals like Shilpi Kapoor, G. Gopalakrishna, Rama Chari, Sakshi Broota and many others who do not have anything to do with disability, except their commitment and passion for the cause. Organisations and corporates too deserve their share of credit. Whatever Wipro or Mphasis or Capgemini or Cisco are doing, is noteworthy and laudable. When Vidhya Ramasubban launched Kickstart Cabs to ensure accessible transport in Bangalore, or when CHILDLINE India Foundation decides that all their awareness material should be in accessible formats so that the blind and the deaf can benefit, that needs to be celebrated,” points out Abidi.

Shilpi Kapoor, through her company BarrierBreak, has been organising Techshare India since 2008 on the lines of what the Royal National Institute for the Blind does in the U.K. For the first time, Techshare India has brought under one roof government officials, corporates, NGOs, people with disabilities and education providers with product companies.

Prashant Madhukar Naik of Maharashtra, a successful campaigner for talking ATMs in India, too feels “things are certainly changing” but hopes the Indian design industry becomes more aware and starts working closely with NGOs to understand the needs better. “Architects particularly need to do so to make the living space accessible for all,” he says. Talking about innovative ideas, he mentions “coming across a person who has designed a camera mouse for the computer.” IIT and IIM students have concentrated on products based on Universal Design, such as the recent Smart Cane, he notes, but the problem is how to market these products. The expansion of Techshare into this sector will hopefully help formalise the market.

About his own work, this Union Bank of India employee, also one of this year’s Universal Design Awards winners, adds with a tinge of pride, “A lot of hard work went into designing and making talking ATMs possible in India. Today, we have about 7000 such ATMs across the country.” Naik, suffering from low vision and albinism, also runs a first-of-its-kind website, a locator for talking ATMs in India.

To Naik also goes the credit of designing assistive devices for Maharashtra Government employees with low vision. “I was a part of a committee set up by the Mumbai High Court to provide assistive devices to blind employees and those with low vision working with the Government of Maharashtra. Today, such employees can ask for devices like magnifiers, etc. within the budget limit of Rs.50,000.”

Yet another name in the field of accessible design in India, Arun C.Rao, says he hopes to see a more proactive design industry to seriously bring about the concept of Universal Design in India. Rao is credited with designing a series of Indian sign language dictionaries and the country’s first website that teaches sign language.

GGK feels India’s huge construction industry today needs to be more open to the idea of Universal Design, a concept that has caught on pretty steadily in the West. “They are just not serious about making their projects barrier-free, nor is our government. This is despite having a law. The majority of them don’t follow these guidelines. Therefore, though so many high tech buildings and apartments are being made in India, the demand for my signage is little. I export more,” he says. However, between 2013 and 14, he has sold 5000 accessible signs in India alone. All enthusiastic about exploring further in his field, GGK has begun designing audio signage too. “Also those which glow in the dark, for low vision users. Then, I have embossed Braille instructions on door knobs, etc.” Interestingly, he has also designed a multi-metre to install in old lifts for audio signage.

“According to law, you can’t have lifts without audio signage in India anymore. So the new lifts come with audio instructions, but cities like Mumbai and Delhi have many old lifts in offices and apartment buildings. My multi-metre is for such lifts without needing to change them,” he says. He has recently installed his multi-metre in a Bangalore bank complex and has put up one in an old apartment building in his city on a trial basis. He, however, ends the conversation with yet another frustrating point, “I have approached quite a few old apartments but most are not open to the idea. They can’t seem to see the point. I don’t know why we are like that.”

Good question, why are we like that, why are we so majoritarian in our approach?

Talking ATMs

India today has nearly 7000 talking ATMs placed across the country. “From States like Tripura to Meghalaya to Pondicherry to U.P. to Goa to our big metros, you will find talking ATMs everywhere today,” says Prashant Madhukar Naik, a campaigner for this facility since 2009. Naik explains how the machine works without compromising on safety and security of the customer. “You have to wear a headphone which provides audible instructions to a user. It ensures that all the information you say, like your PIN number, etc. remains confidential.”

Naik was a part of the first ever talking ATM project taken up by an Indian bank — his employer, the Union Bank of India, in 2012. It began with Vastrapur in Ahmedabad, Gujarat. Users could easily download instruction manuals in Braille and DAISY formats from the bank website. This set a benchmark for the Indian banking sector, and the State Bank of India, just four months later, too launched its first talking ATM in New Delhi.

Source: The Hindu

Monday, July 21, 2014

Blind can write exam to become Judge, rules Spain's General Council of Judiciary

Please refer to my earlier blog entry dated 01st June 2009  titled Can a Blind / Visually Impaired Person work as a Judge / Magistrate ? This was subsequently also posted on 06 June 2009, more than 5 years ago at Changemakers.com titled How can a blind / visually impaired person work as a Judge?

Delighted to learn that after a protracted battle, the Spanish Court has ruled in the favour of a visually impaired law graduate Mr. Pérez Castellanos’ restoring his equal right to become a Judge like his fellow law graduates.

An online petition on Change.org collected more than 100,000 signatures in support of Pérez Castellanos’ legal struggle.

Blind man wins battle to become judge
Photo Courtesy Change.org

Here is the news published in The Local:

Blind man wins battle to become judge

Published: 14 May 2014 11:49 GMT+02:00

Spanish legal authorities have ruled in favour of a blind 23-year-old law graduate who called for people with his disability to be allowed to become judges.

“Can a blind person like me carry out the work duties of a magistrate?” was the question sent by Gabriel Pérez Castellanos to the official body days after completing his Law degree in July 2013.

Ten months on and several adjournments later, Pérez Castellanos finally got the response he was hoping for.

Spain’s General Council of the Judiciary ruled unanimously on Tuesday that blind people can access state entrance exams to qualify as judges even though their job responsibilities may have to be adapted to suitable cases.

According to the report, evidence used in court that "can only be assessed with one’s eyesight" is limited and "not enough to completely rule out blind people from a career in the judiciary".

"I'm very happy, of course," the young man told The Local.

Having scored 7.9 in his Law degree (equivalent to a First Class Honours degree in the UK), Pérez Castellanos is now completing a Master’s degree at Garrigues, Spain's biggest law firm.

"The plan is to focus on labour law," he said of his future plans.

And while the budding lawyer admitted it would be more difficult for a blind  person to be a judge — as would be the case for many professions — he thought none of the challenges were insurmountable. 

"The main task of judges is to make decisions based on their knowledge of the law," he said.

Pérez Castellanos told the Local doesn't view himself as a spokespeson for blind people but admits he had been amazed, and delighted, by the repsonse to his situation. 

Online petition website Change.org collected more than 100,000 signatures in support of Pérez Castellanos' legal struggle.

Brazil, France, Peru and the UK already employ blind judges as stipulated in the UN's Convention on the Rights of Persons with Disabilities. 



Source: The Local

Wednesday, July 16, 2014

100 % FDI in Disability Sector advocated

Dear Colleagues,

In the recent budget 2014-15 announced by the Indian Finance Minister Mr. Arun Jaitely, following items relates to disability subject:

National institute of Universal Design will be set up.
A national level institute on Mental Health Rehabilitation will be set up.
Centre for Disability Sport will be set up.
15 New Braille Presses will be established.
10 existing Braille Press will be improved.
The ADIP scheme of MSJE to include contemporary equipment & assistive devices
Currency notes that facilitate access for people with visual impairment will be launched.

A California-based Pranav Desai, Indian-American activist in the disability sector has advocated (as per the below report by PTI) 100% FDI in the Disability Sector to manufacture products for entire world's population with disabilities. The Jaipur Foot has already been a great success in war torn Afghanistan and several African countries. This seems to be a good idea while there is so much of talk about FDI in retail and even in defence sectors. This will not only enhance training & job opportunities for the youth including those with disabilities but also in general will create a favourable environment in favour of an inclusive community where there is no dearth of funds on the rehabilitation, education, training and vocational opportunities for those living with disabilities.

Here is the report:

Budget 2014: India should allow 100 per cent FDI in disability sector
PTI Jul 10, 2014, 12.12PM IST

WASHINGTON: India should tap the mega economic opportunity in the disability sector by allowing 100 per cent foreign direct investment in it to manufacture products for the specially-abled population, an influential Indian-American activist has said.

"While newly-elected Indian government has promised to help specially-abled people of India, it should also look at potential untapped mega economic opportunity as well by allowing 100 per cent FDI in this sector to manufacture products for entire world's Specially abled population," California-based Pranav Desai, Indian-American activist in the disability sector told PTI.

With growing focus on human rights and United Nations push through the Convention on the Rights of Persons with Disabilities, the world body estimates that there are about one billion people.

As such disabilities across the globe has become a huge market opportunity for disabled friendly, assistive technology products and services, Desai argued, adding that new Indian government needs to tap this huge market by coming out with policies that would attract global manufacturers to set up their factories in India.

"India can also produce speech therapist (all types of trainers for special education) to cater to its domestic needs as well global needs by offering degree and diploma courses by establishing colleges for Special Needs education," he said.

Desai, who was afflicted with polio at the age of four, reached to the position of vice president of a top global IT company.

He is actively engaged in promoting education and mobility by working with NGOs (Blind People Association, The Society for Physically Handicapped and VDIS for Mentally retarded).

Desai, who would be in India this month meeting leaders of the new Indian Government, on the disability issue, asserted that it time for India to catch up with the rest of the world in the disability sector.



Thursday, July 3, 2014

KickStart - Accessible Taxis available in Bangalore now at regular rate

Dear Colleagues,

This news in Times of India regarding an initiative KickStart by our colleague and friend Ms. Vidhya Ramasubban is a welcome step for promoting inclusive tourism as well as inclusive mobility in the South Indian city of Bangalore!

Great initiative after your Ladakh project Ms. Ramasubban!

These cabs put the differently abled on the fast track

Sruthy Susan Ullas, TNN | Jun 30, 2014, 01.50AM IST

BANGALORE: Deepa Maski, 28, wheels herself with ease into her office in Electronics City, a stone's throw from her home. Her powered wheelchair is good enough to take her to her workplace every day. But a movie at iMax, Koramangala, becomes impossible without someone's help.

Mobility being a major concern, the project lead with HCL tried stopping several BMTC Volvos and telling the drivers about the ramps available in those vehicles. Surprisingly, many didn't know such a facility existed, and even if they did, they were clueless about how to operate them. Her movie-watching was, therefore, restricted to videos and downloads. But once she found Kickstart cabs, things started looking better.

Today, the disabled-friendly cab service ensures Deepa doesn't find herself stranded. A regular at family functions and social gatherings, she now looks forward to watching movies on the large screen.

KickStart, an initiative by Vidhya Ramasubban, offers cabs that are modified to be wheelchair friendly. Like any other cab service, it offers point-to-point drops, airport drops, outstation and local hire. The cost is almost in the same range.

KickStart has three cars to choose from — The front seat of the Swift Dzire is like an office swivel chair, which can move in and out of the car, allowing the customer to use it like a normal office chair. Then there's the Wagon R with a ramp, which aids the user to get their wheelchair in. The front seat of the modified Toyota Liva is remote controlled, and can jut out of the car to pick the customer from any place.

"Most of the differently abled people and senior citizens are home-bound as they don't have transport to move about. This cab service is changing their lives," explains Vidhya, who has a masters degree in social work, and has been working for the differently abled for close to 15 years.

Ask Rama Chari, a consultant, how convenient the service is for her 80-year-old mother, and she says: "My mother uses a wheelchair which doesn't fit into a car's boot. So every time we'd go somewhere, we had no option but to tie the wheelchair atop the car. The very cumbersome process would put her off and she would avoid travelling. This new cab service has helped her regain mobility. In fact, she even got her wheelchair repaired from Mobility India all by herself," says Rama.

The cab drivers are sensitized to the customers' requirements, helping them in and out of the car. "I am deaf. So every time a cab reaches my home, the driver texts me saying he is waiting outside. No call is made," explains a customer.

From a 10-year-old girl who goes to school in the cab to a 70-year-old who is hospital-bound, customer profiles vary. "We even get calls from clinics. They say many of their patients drop out as they are unable to commute. Most of our clients are senior citizens and differently abled who travel to hospitals or on personal work," says Vidhya.

KickStart cabs have caught the attention of other cities too. In fact, Vidhya soon plans to expand the service both in the city and beyond. The organization hopes to get another 10 cars in the next one year. Vidhya also plans to recruit women and transgenders as drivers to empower them.

Source: Times of India

India becomes first country to ratify Marrakesh Treaty - first step towards access to published works to print disabled

Dear colleagues,

India has become the first country to ratify the Marrakesh Treaty to facilitate access to published works for persons who are blind, visually-impaired or print disabled. This treaty would  go a long way towards establishing equal rights and opportunities for education and employment for persons with print disabilities.

Like any other international treaty/ convention, it will come into force the day the 20th country ratifies it. So far, 79 World Intellectual Property Organisation member states have signed the treaty, however they are yet to ratify it. The treaty ratified by India on June 30,  2014 will facilitate import of accessible format copies from member states by authorised entities in India such as educational institutions, libraries, etc. serving the needs of visually-impaired persons.

"The development will also facilitate translation of imported accessible format copies and export of accessible format copies in Indian languages," said the statement issued by Ministry of HRD on the subject. The Indian Copyright (Amendment) Act, 2012, is reportedly already in harmony with the Marrakesh Treaty.

Here is a related news from OutlookIndia

India Takes Global Lead in Empowering the Blind to Read

भारत मर्राकेश समझौते को समर्थन देने वाला पहला देश बना

पत्र सूचना कार्यालय
भारत सरकार
मानव संसाधन विकास मंत्रालय
02-जुलाई-2014 15:09 IST
मर्राकेश समझौता नेत्रहीनों के लिए प्रकाशित कार्यों तक पहुंच सुलभ कराने में होगा सहायक
भारत 30 जून, 2014 को नेत्रहीनों, दृष्टि बाधित व्यक्तियों के लिए प्रकाशित पुस्तकों/कार्यों तक पहुंच सुलभ कराने में मदद से जुड़े मर्राकेश समझौते को समर्थन देने वाला पहला देश बन गया है। अभी तक विश्व बौद्धिक संपदा संगठन (डब्ल्यूआईपीओ) के 79 सदस्य देशों ने इस समझौते पर हस्ताक्षर किए हैं। 20 देशों द्वारा इस समझौते को समर्थन दिए जाने के बाद मर्राकेश समझौता लागू हो जाएगा। 
संयुक्त राष्ट्र संघ में भारत के स्थायी प्रतिनिधि श्री दिलीप सिन्हा ने डब्ल्यूआईपीओ के मुख्यालय में एससीसीआर (कॉपीराइट एवं संबंधित अधिकारों पर स्थायी समिति) के 28वें सत्र के दौरान आयोजित एक समारोह में डब्ल्यूआईपीओ के महानिदेशक श्री फ्रांसिस गुर्रे को समर्थन पत्र सुपुर्द किया। 
मर्राकेश समझौते का मुख्य लक्ष्य नेत्रहीनों, दृष्टि बाधित व्यक्तियों के लाभ के लिए अनिवार्य सीमाओं और अपवादों के एक संकलन का निर्माण करना है। यह अनुबंधकारी पार्टियों द्वारा राष्ट्रीय विधि प्रावधानों के अनुपालन से ब्रेल जैसे स्वीकृत रुपों में प्रकाशित कार्यों के पुनर्निर्माण, वितरण तथा उपलब्धता सुनिश्चित कराने के जरिए किताबों की भीषण कमी की समस्या को दूर करने में सहायक होगा। साथ ही, यह समझौता ऐसे संगठनों, जो उनकी सेवा करते हैं, को इन पुस्तकों के विभिन्न देशों में आदान प्रदान की अनुमति भी देगा। जैसे ही मर्राकेश समझौता लागू हो जाएगा, यह भारत में लाखों नेत्रहीनों और दृष्टि बाधित व्‍यक्तियों के लिए प्रकाशित पुस्‍तकों तक पहुंच सुलभ करा देगा। यह उनके लिए शिक्षा और रोजगार के अवसरों तथा समान अधिकारों को सुनिश्चित कराने में भी मददगार साबित होगा। 

यह समझौता दृष्टिहीनों के लाभ के लिए काम करने वाले शैक्षिक संस्थानों, पुस्तकालयों जैसे भारत के अधिकृत संगठनों द्वारा सदस्य देशों से सुलभ फॉरमेट प्रतियों के आयात में भी सहायक साबित होगा। यह समझौता भारतीय भाषाओं में सुलभ फॉरमेट के आयातित प्रतियों के अनुवाद तथा सुलभ फॉरमेट प्रतियों के निर्यात में भी मददगार साबित होगा। भारतीय कॉपीराइट (संशोधन) एक्ट, 2012 मर्राकेश समझौते के अनुरुप है। 
Source: I Care India





Monday, June 23, 2014

An App to help locate disabled friendly buildings & facilities in cities

Dear Friends,

This one looks really interesting. I am aware that many cities in the world particular in the western countries do provide such a service. In Indian context, we have had access guides that helped people with reduced mobility to go around. However, an app for the android based smart phones is an in thing since this can be patronised by a large number of user-groups who frequently go out and commute.

Perhaps we could also introduce Accessibility Ratings for the Buildings which could readily hint people about the level of accessibility in the particular building. Here is the news item from The Mint on the initiative by the Maharashtra Govt.


Leveraging Google Maps, Accessible Places categorizes places based on services such as banks, ATMs, etc. 
Arundhati Ramanathan

Mumbai: It would solve so many of my problems if I knew which places were disabled-friendly,” said Asha Sinha, a 52-year-old whose leg was afflicted by polio. 

Sinha, who lives in the Mumbai suburb of Andheri, uses an electric wheelchair to get around. However, her movements are limited to her home, since most outdoor places do not have any support structures like ramps for easy access. “Every time I step out, I need two people to accompany me to lift the wheelchair,” she says. 

The Maharashtra government may have a solution for Sinha and 26.8 million more people with disabilities in the country, according to the 2011 census. The government’s directorate of information technology launched a mobile phone application called Accessible Places in February, where users can locate disabled-friendly places in the state. 

The idea for the app comes from the Persons With Disabilities Act, 2012 (PWD Act), which emphasizes on equality and non-discrimination which extends to all disability categories. 
“The disabled should enjoy the freedom and liberty to move to places they wish within the jurisdiction of the state or country. The government of Maharashtra is focused on promoting the rights of persons with physical disabilities through a range of social welfare approaches,” says the directorate. 

Leveraging Google Maps, the app, which is still in early stages of development, categorizes places based on services such as banks, ATMs, libraries, hospitals, schools, parking, heritage sites, metro stations, railway stations, restaurants and parks. 

Users can search for a location by selecting the type of service and the application shows all the places in that category on the map which accommodates the special needs of people. 
Accessible Places is a crowd-sourced app, which means its accuracy and coverage depend heavily on the users updating the information. 

Users can also add photos of places while adding information to make it more user-friendly. 
For example, Mumbai’s Ghatkopar metro station carries the disabled-friendly stamp on it on the app’s map. A picture uploaded by a user shows textured tiles intended to give a good grip to those using wheelchairs. It also says the station has an elevator wide enough to accommodate a wheelchair and has a ramp from road level up to the elevator, enabling easy access. 

“Very few places are disabled-friendly in India,” says Janaki Pillai, director of operations at Ability Foundation, a non-governmental organization working for empowerment, integration and rights of people with disabilities. “However, we are seeing a more conscious effort, especially from the newer buildings, to make them more inclusive.”

A first-of-its kind initiative from a state government, the app is available on all Android devices. iOS and Windows Mobile versions are also on the cards. It is free for use and does not need registration. 

“The app is one of the means by which we are extending support for sustainable and inclusive growth of the differently-abled persons and ensure they can visit places of their needs and those are accessible easily by the means of technology,” the directorate said. 
The organization believes that technology will help address crucial needs of the differently-abled. “People are now highly engaged with technology with the help of their smart phones. And mobile apps cater to every need and every aspect of life.”

The number of smartphone users in India was 51 million last year, which is expected to more than double to 104 million in 2014, according to the fourth edition of consultancy Deloitte’s estimates for the technology, media and telecommunications in India.

Mahaonline Ltd, a four-year-old joint venture between the state government and Tata Consultancy Services Ltd funded the app development. 

Mahaonline focuses on facilitating e-enablement and delivery of citizen-centric services.
Only a few disabled-friendly places are mapped at present, but the government hopes to map almost all state facilities soon and then nationwide infrastructure. 

The government is looking for proactive initiative from regional areas as well. It is also insisting that all departments and private organizations create provisions for the disabled in any new infrastructure or facility being set up. More disabled-friendly places will make the application richer and more useful.

“Though the impact of the initiative is not visible as of now, the Maharashtra government will make deliberate efforts for more mature and sustainable use of technology to the advantage of physically- challenged people,” the directorate said.

The government also hopes this application will be a catalyst to change the mindset of other governments and the people at large to address the basic needs of this section. 

“Fruits of the labour in terms of infrastructure changes and creation of a huge database where physically challenged persons can browse for accessible places will be visible in the near future,” said the directorate.

“This app is a great beginning,” said Pillai of Ability Foundation. “And the disabled will have a vested interest to make it better.”

Mint has a strategic partnership with Digital Empowerment Foundation, which hosts the mBillionth Awards.

Source: The Mint

Wednesday, June 11, 2014

No Transfer or Voluntary Retirement for Govt. Employees having kids with disabilities

Dear Colleagues,

Government employees who have differently-abled children will be exempted from routine transfers to take care of the children. Such parents will not be asked to take voluntary retirement on refusing such postings, the Centre has said.

A government employee with a disabled child serves as the main caregiver and any displacement of such employee will have a bearing on the systemic rehabilitation of the child since the new environment or set-up could prove to be a hindrance for the rehabilitation process, it said.

As per the recent DoPT order No. No.42011/3/2014-Estt.(Res.) dated 06 June 2014,  the word 'disabled' for this purpose would include: 
(i) blindness or low vision
(ii) hearing impairment 
(iii) locomotor disability or Cerebral Palsy
(iv) leprosy cured 
(v) mental retardation 
(vi) mental illness and 
(vii) Multiple Disabilities

"Rehabilitation is a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, and psychiatric or a social functional level. The support system comprises of preferred linguistic zone, school/academic level, administration, neighbours, tutors/special educators, friends, medical care including hospitals, therapists and doctors, etc. Thus, rehabilitation is a continuous process and creation of such support system takes years together", explains the order.

Hence, considering that the Government employee.who has disabled child serve as the main care giver of such child, any displacement of such Government employee will have a bearing on the systemic rehabilitation of the disabled child since the new environment/set up could prove to be a hindrance for the rehabilitation process of the child. Therefore, a Government servant who is also a caregiver of disabled child may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints.

To download a copy of Signed DoPT Order above click HERE

Related news: 


Temple Trust retracts from appointing women, backward caste as Priests

Please refer to my earlier post titled  "Progressive Temple Trust wants women and backward caste to work as priests"

In a sudden volte-face, the temple management committee of the historic Vitthal Rukmani temple in the pilgrimage town of Pandharpur has decided to temporarily put brakes on its decision to recruit women and non-Brahmins as priests.

The temple committee, which met on Monday to announce the names of successful candidates, instead decided to seek an opinion from the state’s law and judiciary department on whether it was entitled to make such appointments.

The decision to invite applications from woman and non-Brahmin priests was taken by the temple committee in the last week of April. In response to the advertisements placed by the committee, 161 candidates including 23 women turned up for the series of interviews conducted on May 18. It was expected that the names of the successful candidates would be announced on Monday. Speaking to The Indian Express, former minister and temple committee chairman Anna Dange had earlier said the move aimed to break the hegemony of Brahmins over priesthood.

Dange, when asked about the sudden U-turn, said the Warkari community had staged protests in the temple town a few days back against the decision. “The Vitthal Rukmani temple is the nerve centre for the Warkari cult. They had questioned the rights of the temporary committee to appoint priests. So we have  asked an opinion from the law and judiciary department about it. Once the decision comes, we will go ahead with the appointments,” he said. When asked why no such opinion was sought before conducting the interviews, Dange refused to comment.

Sanjay Teli, the chief executive officer the temple, said when the matter was tabled for discussion at the meeting the committee decided to seek an opinion.

While Dange insisted that the recruitment process had been suspended temporarily, many in the temple committee, which incidentally comprises many senior leaders from NCP and Congress, said the actual reason behind the decision could be political. Senior officers associated with the committee said in view of the upcoming Assembly elections it did not want to anger the powerful Warkari community. It might be recalled that protests by the Warkaris in 2008 had led to the shutdown of Dow Chemical’s proposed plant in Pune.

Located in the Solapur district of the state, the 900-year-old temple is the nerve centre of the Warkari community. The community has presence in Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh and other parts of the country.

While the community is supposed to be egalitarian, the move to open up priesthood to non-Brahmins and women, was met with strong opposition. Earlier this  year, the Supreme Court had overturned the hereditary rights of priesthood at the shrine enjoyed by the families of Badve and Utpats. For Hema Ashtekar, one of the applicants who had appeared for the interviews, the decision to halt the recruitment process is a “regressive move” and  “smacks of chauvinism”. “The protests by the Warkaris is illogical,” she said.

Source: Indian Express -  Pandharpur temple does a U-turn: No woman, non-Brahmin priests for now


Thursday, May 22, 2014

DoPT issued the Memorandum on Facilities for Govt. Employees for efficient performance of duties

Dear Colleagues,

Please refer to earlier post dated 18 Feb 2014 titled "Guidelines for Comments - Facilities for Govt. Employees with Disabilities for efficient performance of Duties" wherein I had placed before you the draft from the sector and what it became when it went to the DoPT. 

The DoPT has finally notified the draft with some changes vide its OM No.No.36035/3/2013-Estt.(Res) dated 31st March 2014 which are as below:

Accessibility and Barrier free environment at workplace. Following has been added which has improved the earlier draft : 
Lifts/elevators should be made accessible by providing Braille signage and audio outputs. Wherever required, suitable colour contrast may also be made available in buildings, utilities, staircases, etc. for the benefit of low vision employees. 
Special casual leave
In the earlier draft a special casual leave of 15 days mainly for inpatient treatment in CGHS recommended hospitals was given over and above all other leaves/ special casual leaves. However, in the final version, it takes away the leave sought to be granted. It now find mentions only of the existing four days leave in a calendar year for attending medical needs and 10 days leave for attending disability related conferences etc.  thereby defeating the objective of 15 days special leave. This means the section has literally been rendered useless as it doesn't give anything new and only reiterates what was existing earlier.
Guidelines have some positive things too

The guidelines though not close to what we had demanded, are a good beginning since it now gives the employees with disabilities the following facilities as a matter of right among others:

(a) Post recruitment and Pre-promotion Training. 
(b) Provision of aids/ assistive devices
(c) Accessibility & barrier free environment at workplace.
(d) Preference in Govt. Accommodation 
(e) Grievance redressal mechanisms &
(f) Preference in transfer/posting

Download the policy in PDF by clicking the weblink below:

OM No.No.36035/3/2013-Estt.(Res) dated 31st March 2014 titled "Guidelines for providing certain facilities in respect of persons with disabilities who are already employed in Government for efficient performance of their duties



Revised Code of Bank's Commitment to Customers: 2014 integrates needs of Seniors & Disabled

Dear Colleagues,

After the recent guidelines of Reserve Bank of India (RBI) & Indian Bank's Association (IBA) detailing on accessibility of banks and its services for the disabled and elderly, needs of certain disabilities under the National Trust etc, the Banking Codes and Standards Board of India (BCSBI) which lays down the voluntary codes adopted by banks has in its 2014 revised version of the code has prominently dedicated a section on Senior Citizens and Differently abled.

This is a voluntary Code of Customer Rights, which sets minimum standards of banking practices member banks have to follow while they deal with individual customers. It provides protection to customers and explains how banks are expected to deal with customers in their day-to-day operations.

The extract of Section 11 from the recently revised Code is reproduced for your information below:

Extract from Code of Bank’s Commitment to Customers – January 2014

11. SENIOR CITIZENS AND DIFFERENTLY ABLED PERSONS
a. We will make our best efforts to make it easy and convenient for our special customers like senior citizens, differently abled and illiterate persons to bank with us. This will include making convenient policies, products and services for such applicants and customers.
b. We will endeavour to develop systems and procedures to improve access to banking services by you.
c. We will endeavour to make physical access to our branches and ATMs convenient for you.
d. We will sensitise our staff interacting with you to assist you in carrying out your banking transactions.
e. In addition to all the other commitments made in this Code –
i. We will accord due priority to you. We will endeavour to provide you personalized services for banking transactions and redressal of grievances.

ii. We will endeavour to provide seating arrangements in the banking hall.
iii. We will endeavour to provide you our services through a Single Window mechanism.
iv. We will permit withdrawal of your funds, up to limits set by you, by persons authorized by you on production of the authorization letter and passbook.
v. We will endeavour to provide ‘Doorstep’ banking (pick up of cash /instruments for credit to the account or delivery of cash / demand drafts against issue of cheque / requisition in writing) in special circumstances like ill health, inability to come to the branch, etc.
vi. We will issue a pension slip to you (pensioners) containing details of the pension credited to your account.
vii. We will endeavour to arrange to disburse the pension at the doorstep, in special circumstances.
viii. We will accept the Life Certificate that is required to be submitted by you (pensioners) at any branch of our bank.
ix. We will guide relatives / parents of disabled persons on how to appoint a legal guardian, under the National Trust Act, 1999, for disabled persons with autism, cerebral palsy, mental retardation and multiple disabilities who can then open and operate accounts for such persons.
x. We will ensure that all the banking facilities such as cheque book facility, ATM facility, Net banking facility, locker facility, retail loans, credit cards etc., are invariably offered to the visually challenged without any discrimination.
xi. We will render all possible assistance to the visually challenged for availing various banking facilities.
xii. We will endeavour to arrange regular meetings so that you may voice your concerns and benefit from collective experience.
To read the entire code, please click the link: Code of Bank’s Commitment to Customers – January 2014


RBI takes one step ahead towards incorporating Universal Design tenets in Banking System

Dear Colleagues,
Taking a step ahead towards incorporating universal accessibility in Banking systems, the Reserve Bank of India (RBI) has mandated today that all new ATMs to be installed by commercial banks from July 2014 onwards would provide audible instructions and Braille keypads to customers,  besides being made accessible for wheelchair users.
The RBI’s directive came on its prior advice to banks through a notification dated 13 April 2009 to make bank branches and ATMs accessible to people with disabilities and make at least one-third of the new ATMs installed as talking ATMs with Braille keypads.
RBI has now mandated that all Banks  will have to take necessary steps to provide all existing ATMs / future ATMs with ramps so that wheelchair users / persons with disabilities can easily access them. Care is also to be taken to make arrangements in such a way that the height of the ATMs do not create an impediment in their use by wheelchair users. 
Wherever,  it is impracticable to provide such ramp facilities, whether permanently fixed to earth or otherwise, this requirement may be dispensed with, for reasons recorded and displayed in branches or ATMs concerned.
In addition to the above, magnifying glasses should also be provided in all bank branches for the use of persons with low vision, wherever they require for carrying out banking transactions with ease.
The bank branches should display at a prominent place notice about the availability of magnifying glasses and other facilities available for persons with disabilities.
“It is, therefore, reiterated that banks should make all new ATMs installed from July 1, 2014, as talking ATMs with Braille keypads,” RBI said in a notification.
RBI also wants the Banks to lay down a road map for converting all existing ATMs as talking ATMs with Braille keypads and the same  be reviewed from time to time.

Related news: