tag:blogger.com,1999:blog-49603865300865932762024-03-18T13:00:57.271+05:30Subhash Vashishth's WebsiteI think of a democratic and progressive India, where rights of every citizen are respected and ensured.Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.comBlogger206125tag:blogger.com,1999:blog-4960386530086593276.post-75502233917462962912023-06-01T18:30:00.001+05:302023-06-11T15:56:25.425+05:30Kids with damaged cochlear implants suffer due to Government apathy.<p>Below article authoried by N P C Ramjith for onmanorama dot com highlights how Govt. of Kerala, India has turned a deaf ear to the desperate pleas of 360 hearing impaired children who had undergone the cochlear implant surgery under a government programme named ‘Sruthitharangam’.</p><p>These students, who had proper hearing when the previous academic year ended in March, would be attending the new academic year anxious over their fate. The students had gained hearing abilities after cochlear implants were done under ‘Sruthirtharangam’ and could lead the lives similar to other children. However, an American company named Advanced Bionics (AB) which had supplied the implant devices stopped production of various models on March 31, 2023. Consequently, replacement for damaged parts also became impossible and students implanted with these devices face the grim possibility of losing their hearing again.</p><p>Incidentally, the company had issued a notice several months ago that production of its Harmony, Auria, Neptune and Platinum models would be ceased. The firm also asked people using these models to switch to Naida and Marvel models. Parents of a majority of the students cannot afford to buy the new models on their own as the device costs around Rs 4 lakh.</p><p>“We had informed Minister R Bindu, who is in charge of the social security mission and the officers there as soon as the American firm announced that it was withdrawing the models,” said office-bearers of Cochlear Implantees Association and Charitable Society.</p><p>On the World Hearing Day, Malayala Manorama highlighted the plight of these students. Still, there has been no move by the government to address the issue and the students who hear with the aids dread the possibility of their devices developing a snag. In fact, hearing aids of several students are already damaged and they are attending school in a world of silence.</p><p>Source: <a href="https://www.onmanorama.com/career-and-campus/top-news/2023/06/01/kerala-govt-yet-to-hear-pleas-of-kids-with-damaged-cochlear-implants.html" rel="nofollow" target="_blank">Malayala Manorama</a></p>Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-91805115182433241642022-09-29T17:05:00.004+05:302022-09-29T17:11:30.886+05:30Academic Council of Kerala University decides to permit 100% visually impaired to pursue Science Course, after SCPD's directions<p><span style="font-family: verdana;">Dear Colleagues,</span></p><p><span style="font-family: verdana;">The Academic Council of Kerala University on 16 Sep 2022 has taken a decision to permit 100% visually impaired student to pursue BSc Physics course after an applicant, who had scored 100% marks in the higher secondary examination, was unable to submit her online application for admission and she had to subsequently petition the State Commissioner for Persons with Disabilities. The SCPD issued an order under provisions of the Rights of Persons with Disabilities Act, 2016 directing the Kerala University to do the needful. </span></p><p><span style="font-family: verdana;">Before the current decision of the academic council, the undergraduate (UG) prospectus of the university has thus far permitted admissions for only visually impaired candidates with less than 40% disability to Science subjects which is contrary to the provisions of the RPWD Act. </span></p><p><span style="font-family: verdana;">The council factored in various impediments during the discussion, including the low availability of Physics texts in Braille and prominence of practical work in Science subjects. It was decided to extend assistance, including the provision of scribes for regular practical work and examination in laboratories. The number of experiments will also be reduced to one-third of the total that must be completed by a regular student.</span></p><p><span style="font-family: verdana;">It is hoped that this decision will enaable more disabled aspirants to pursue higher education, particularly in Science and Mathematics in Kerala University. More Higher Education Institutes need to change their admission norms not to restrict students from admitting in the courses on the basis of their disability. On the contrary, the HEIs should focus on providing reasonable accommodations to applicants and creating a mechanism for such aspiring students to approach the HEI seeking such accommodations. </span></p><p><span style="font-family: verdana;">The HEIs have to be cautious that they do not lower the course contents but enhance the support systems and better assistive technology solutions. This woud be in line with the <i><b><a href="https://drive.google.com/file/d/1DkpbBwOND6iBCvO8LWlY959Qg5cyHbt3/view" target="_blank">Accessibility Guidelines and Standards for Higher Education Institutions and Universities June 2022</a></b></i> issued by the University Grants Commission, Ministry of Education, Govt. of India under the Rights of Persons with Disabilities Act 2016.</span></p><p><span style="font-family: verdana;">Related Source: <a href="https://www.thehindu.com/news/national/kerala/kerala-university-academic-council-permits-100-visually-impaired-student-to-pursue-science-course/article65899268.ece" target="_blank">The Hindu</a></span></p>Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-56533728591101725752022-09-03T17:42:00.005+05:302022-09-19T19:08:19.581+05:30Mouseware - a head mounted wearable assistive technology device for those with upper limb disabilities<p><span style="font-family: inherit;">Dear Colleagues,</span></p><p><span style="font-family: inherit;">Recently, I had the opportunity to participate in the Smart Solutions Challenge and Inclusive Cities Award, 2022 organised by the National Institute of Urban Affairs (NIUA) and United Nations India and supported by NITI Aayog, Ministry of Housing and Urban Affairs (MoHUA), Atal Innovation Mission, and others and held on Thursday, 01 September, 2022 at Hyatt Regency, New Delhi.</span></p><p><span style="font-family: inherit;">The Smart Solutions Challenge and Inclusive Cities Awards aimed to start a dialogue on the need for people-centric design for technological innovations and for fostering novel home-grown solutions and approaches through citizen participation in line with Hon’ble Prime Minister’s clarion call for ‘Atmanirbhar Bharat’ and ‘Make in India’, in much broader contexts for finding new ways to bridge the digital divide for vulnerable population groups in urban development. </span></p><p><span style="font-family: inherit;">The initiative sought to crowd-source innovative technological solutions to align with the New Urban Agenda and promulgate the principle of ‘Leave No One Behind’ (LNOB) in order to achieve the Sustainable Development Goals, particularly SDG11 in line with the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and the Rights of Persons with Disabilities (RPwD) Act, 2016. </span></p><p><span style="font-family: inherit;"></span></p><div class="separator" style="clear: both; text-align: center;"><span style="font-family: inherit;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjGKLqwN2kamt4CyXT0WORCtjVx4CmtP9idzQZuzdP9vjHjRXC3_ZMds2zniuHF4yjZxGqL4fr80eja6DOl80VP_r_Igxqk9kwUGGLvVw5PkGkK6LvWNPyLl5QWsTqKcXfAiiHDCeNf-NUdQc28ku5lURUKCuUobjRb-XaTku97xh0_3F20j_P1Zxy1/s1815/final%20(4).jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img alt="Mouseware, is a head-mounted wearable devices that allows handsfree use of mouse. Seen in image the device with accessorie placed on a table with background of Brand Logos etc." border="0" data-original-height="1208" data-original-width="1815" height="266" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjGKLqwN2kamt4CyXT0WORCtjVx4CmtP9idzQZuzdP9vjHjRXC3_ZMds2zniuHF4yjZxGqL4fr80eja6DOl80VP_r_Igxqk9kwUGGLvVw5PkGkK6LvWNPyLl5QWsTqKcXfAiiHDCeNf-NUdQc28ku5lURUKCuUobjRb-XaTku97xh0_3F20j_P1Zxy1/w400-h266/final%20(4).jpg" width="400" /></a></span></div><span style="font-family: inherit;">In the category 2 - Market Ready Solutions, <b>Mouseware</b> by Dextroware Devices won the first award. On the sidelines of the award the winning entries also showcased their technological products. </span><p></p><p><span style="font-family: inherit;"><span>Assitive Technologies for Persons with disabilities, assist them to live an independent life in turn improving their quality of life. Mouseware is a product that can help many persons with disabilities can gain potential employment opportunities in open market. </span><span>The aim is to make every </span><span>place that has a smart device accessible for all.</span><span> </span></span></p><p><span style="font-family: inherit;"><span><span><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi2ZSzy_ezLk6cDk3n_6dGDkg0mi7TAlcGFQCi1YQPAtpXwqPQdYMYAuFeHTDfCTZycEl5VAZUG6uqIWIV7ZKxyfVOM298Gs30s4HplX5XxY_hz1Vpb9DwSOH8VGBxuqxZqycQbh297EmzWu335-81unxXKSDhxNLZq_ls6WbBH93ouS-PRwFx1SNqW/s1815/final%20(1).jpg" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img alt="Mouseware, is a head-mounted wearable devices that allows handsfree use of mouse. Seen in image the devices mounted on head of a user." border="0" data-original-height="1208" data-original-width="1815" height="266" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi2ZSzy_ezLk6cDk3n_6dGDkg0mi7TAlcGFQCi1YQPAtpXwqPQdYMYAuFeHTDfCTZycEl5VAZUG6uqIWIV7ZKxyfVOM298Gs30s4HplX5XxY_hz1Vpb9DwSOH8VGBxuqxZqycQbh297EmzWu335-81unxXKSDhxNLZq_ls6WbBH93ouS-PRwFx1SNqW/w400-h266/final%20(1).jpg" width="400" /></a></span><b>Product Details: </b></span><span>Mouseware is a head-wearable device that enables hands-free control of computers and all smart devices such as phones, tablets and television with simple head movements. </span><span> It’s a plug-and-play device, that enables users to move the cursor with simple head movements and accessible click buttons. The system also allows users to interact with computers through customizable voice commands through a speech – to – text engine. A person can interact with any smart devices completely hands free. This chargeable device can be used for nearly 90 hrs upon charging.</span></span></p><p><span style="font-family: inherit;"><span><b>Using the device</b>: </span><span> The user is required to wear the headgear and rotate their head in the direction the mouse cursor has to be moved, the head movement is synchronous with </span><span>the cursor on the screen. The tracking sensors track the user's head movements and transcode them into corresponding cursor coordinates on the screen. The user can strap this small sensor box to an </span><span>elastic band or headphones or caps or even spectacles. Depending on the nature of the disability, mouse clicks can be performed with any one of the following assistive switches: </span></span></p><p></p><ul style="text-align: left;"><li><span style="font-family: inherit;">Foot Tap Switch</span></li><li><span style="font-family: inherit;">Finger Switch and </span></li><li><span style="font-family: inherit;">Microswitch</span></li></ul><p></p><p><span style="font-family: inherit;">Additionally, a software-based Dwell click is also provided for users who cannot use any of their limbs to use the above physical switches to perform mouse clicks.</span></p><p><span style="font-family: inherit;"><span>Typing is performed with a Speech-to-Text engine that includes an Indian-English accent and most Indian regional languages. It is the only assistive tech in India for hands-free control of smart </span><span>devices for amputees, people with neurological disorders, and people with hand fractures. For more details, see </span></span>this video:</p><p><span style="font-family: inherit;"><span> <iframe allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="" frameborder="0" height="315" src="https://www.youtube.com/embed/Gy074AGdzHI" title="YouTube video player" width="560"></iframe></span></span></p><p><span style="font-family: inherit;"><span><b>Employment Options that Mouseware can potentially open up</b>: As computer jobs are being highly pursued, Mouseware offers a solution to enhance the lives of people with disabilities by aiding them to seek better job opportunities. Like any other individual, </span><span>the aspirations of persons with disabilities to have a career and better livelihoods are often affected due to limited job opportunities for them. Mouseware will socially and financially empower persons with </span><span>disabilities in multiple ways as it provides complete access to perform all computer and smartphone operations, thus enabling the user to be independent. </span></span></p><p><span style="font-family: inherit;"><span>The device can be integrated into every </span><span>private and government workplace to make computers and other smart devices accessible to encourage employment opportunities for persons with disabilities. Computer labs in schools, </span><span>colleagues and other educational institutions can also integrate this assistive technology to make the computers accessible for children and youth with disabilities. There is also a need for insurance </span><span>companies to add such devices under the post-hospitalization facilities as it is also used at orthopaedic hospitals & physiotherapy centres for fractured & chronic hand pain patients.</span></span></p><div><span style="font-family: inherit;"><span><b>Providing this Assistive Tech as Reasonable Accommodation: </b></span><span>Employers can also provide this technological product </span><span> </span><span>as a reasonable accommodation at workplace,</span><span> to their employees who may have acquired disability or to simply enhance their productivity of emloyees with disabilities with this device.</span></span></div><div class="separator" style="clear: both; text-align: center;"></div><p></p><p><span style="font-family: inherit;"><b>Handholding to users</b>: The user are provided with clear instructions and are assisted in getting accustomed to the product and also guided throughout their learning curve by the organisation. </span></p><p><span style="font-family: inherit;"><span><b>Comparing with other products in market: </b></span><span>Although there a number of such technologies available in the market today. Technologies that assist persons with upper-limb disabilities or those who don’t have control over their hands and fingers are few in number and may not always be economically comfortable. </span><span>Mouseware</span><span> is the only affordable solution at Rs.15,000 developed in India in comparison to similar products available </span><span>in foreign markets in the range of Rs. 50,000 to Rs.1.2 Lakhs. In addition to this, some products also use a camera to detect eyeball/head movement to move the mouse cursor, for which a good lighting </span><span>environment and HD camera are mandatory which is not possible to have for all users. Further, it may not include speech-to-text integration and most of those products can control only computers or </span><span>laptops and not smartphones.</span></span></p><p><span style="font-family: inherit;"><b>Price</b>: The price is set at INR 15,000/- + GST, however, currently there are multiple subsidy programs due to which it can be made available at a mere cost of 5,000/-. </span></p><p><span style="font-family: inherit;"><b>Contact Details</b>: You can reach out to the agency by email at hola@dextrowaredevices.com and contact cumber: +91 9487650321, Website: www.</span>dextrowaredevices.com</p><p><span style="font-family: inherit;"><b>Disclaimer:</b> The post is not a paid promotional activity. It has been shared for information in larger interest of persons with disabilities who may benefit from this product. </span></p><p><span style="font-family: georgia;"><br /></span></p>Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-10630824412737269132020-06-07T11:43:00.007+05:302023-01-29T23:22:27.114+05:30Despite IRDAI Advisories in 2016, Persons with Disabilities & other Vulnerable Groups still hankering for Equitable Insurance Covers. <div dir="ltr" style="text-align: left;" trbidi="on">
<span style="font-family: "georgia" , "times new roman" , serif;">Dear Colleagues,</span><br />
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<span style="font-family: "georgia" , "times new roman" , serif;">In 2016 the Insurance Regulatory and Development Authority of India (IRDAI) asked the Insurance Companies to cover all kinds of risks under health policies, and to provide covers for individuals with special needs, but the Companies are still reluctant and lacking clarity - and as a result the persons with disabilities, people with anxiety and people with HIV have no insurance cover. </span><br />
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<span style="font-family: "georgia" , "times new roman" , serif;">IRDAI has now again asked insurers to be transparent about offering health covers to those with HIV/AIDS, mental health issues and for persons with disabilities, since there is no coverage provided to this segment by the companies.</span><br />
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<span style="font-family: "georgia" , "times new roman" , serif;">In compliance of the IRDA notification of 2016, the insurance companies subtly stopped using or simply removed the language related to excluding coverage for those with mental illness, disabilities and HIV to escape the long arm of the law, however, they did not actively start any coverage.</span><br />
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<span style="font-family: "georgia" , "times new roman" , serif;">Experience from the field indicates that the Insurers routinely reject covers for differently-abled citing higher risks. For mental health issues and HIV/AIDS, there are hardly any covers available to individual customers.</span><br />
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<span style="font-family: "georgia" , "times new roman" , serif;">So far, only national health insurance schemes run by the Govt. partially cover some of these conditions. For example, t</span><span style="font-family: "georgia" , "times new roman" , serif;">he '<a href="http://www.thenationaltrust.gov.in/content/scheme/niramaya.php" target="_blank">Niramaya Health Insurance Scheme</a>' by the National Trust covers conditions arising from disabilities, mental retardation, cerebral palsy, autism, and multiple disabilities. '<a href="https://pmjay.gov.in/" target="_blank">Ayushman Bharat</a>', which started after the change in regulation brought out by IRDAI, has 17 packages for mental health disorders, which also includes psychoactive substance use and covers ECT (</span><span style="font-family: "georgia" , "times new roman" , serif;">Electroconvulsive therapy)</span><span style="font-family: "georgia" , "times new roman" , serif;">, rTMS (R</span><span style="font-family: "georgia" , "times new roman" , serif;">epetitive Transcranial Magnetic Stimulation)</span><span style="font-family: "georgia" , "times new roman" , serif;">, MRIs (</span><span style="font-family: "georgia" , "times new roman" , serif;">Magnetic Resonance Imaging)</span><span style="font-family: "georgia" , "times new roman" , serif;"> and most of the blood tests. But sadly, even Ayushman Bharat, does not cover HIV as of today, though there are discussions to include this condition.</span><br />
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<span style="font-family: "georgia" , "times new roman" , serif;">Similarly, few popular state health insurance schemes running for nearly a decade like </span><span style="font-family: "georgia" , "times new roman" , serif;">Maharashtra's 'Mahatma Jyotiba Phule Jan Arogya Yojana' or </span><span style="font-family: "georgia" , "times new roman" , serif;">Tamil Nadu's 'Comprehensive Health Insurance Scheme' do not cover these conditions.</span><br />
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<span style="font-family: georgia, "times new roman", serif;">Likewise in the private sector, only Star Health Insurance has two plans dealing with the marginalised segments, that too are severely restricted :-</span><br />
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<span style="font-family: "georgia" , "times new roman" , serif;">(a) "India Medi-Classic Insurance Plan" - that covers the </span><span style="font-family: "georgia" , "times new roman" , serif;">HIV positive or AIDS patients. </span><span style="font-family: "georgia" , "times new roman" , serif;">(b) "Indemnity-oriented health insurance policy" - to cover children and young adults (aged 3-25) with autism.</span></blockquote>
<span style="font-family: "georgia" , "times new roman" , serif;"><div style="text-align: justify;"><span style="font-family: "georgia" , "times new roman" , serif;">In light of such huge deficit in the insurance coverage, the IRDAI in a <a href="https://www.irdai.gov.in/ADMINCMS/cms/Circulars_Layout.aspx?page=PageNo4140&flag=1" target="_blank">notification on June 2</a>, 2020, <i>[link takes you to the website of IRDA],</i> has asked insurers to provide detailed information on their websites stating their underwriting philosophy on covering people with disabilities, HIV/AIDS or mental illnesses. This has to be done by October 1, 2020. However, m</span><span style="font-family: georgia;">ere disclosure will not solve issues caused by absence of products.</span></div></span></div><div dir="ltr" style="text-align: justify;" trbidi="on"><span style="font-family: georgia;"><br /></span></div><div dir="ltr" style="text-align: left;" trbidi="on"><div style="text-align: justify;"><span style="font-family: georgia;">However, the use of </span><span style="background-color: white; font-family: georgia; text-align: justify;">objectionable and highly derogatory terminology such as "sub-standard lives" to refer to persons with disabilities by IRDAI in its regulations is completely unacceptable and only indicates their mindset towards this segment of population. This should be stopped immediately as this is against the spirit and mandate of <a href="https://www.disabilityrightsindia.com/p/article-1-purpose.html" target="_blank">UNCRPD</a> and <a href="https://www.disabilityrightsindia.com/p/the-rights-of-persons-with-disabilities.html" target="_blank">RPWD Act 2016</a>.</span></div>
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<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></div><div dir="ltr" style="text-align: left;" trbidi="on"><span style="font-family: "georgia" , "times new roman" , serif;">Download the signed copy (inaccessible to screen readers) of the circular (<a href="https://drive.google.com/file/d/1W8Wf_eAmdLR-H285YJ8gksXvX8YJqSYx/view" target="_blank">PDF 398 KB</a>) Content of the Circular are also pasted below for the purpose of accessibility: </span><br />
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<span face="Helvetica Neue, Arial, Helvetica, sans-serif" style="color: #444444; font-family: Dosis;">'CIRCULAR</span></div>
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<span face="Helvetica Neue, Arial, Helvetica, sans-serif"> Ref: IRDAI/HLT/MISC/CIR/129/06/2020 Dated: 02nd June, 2020 </span><br />
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<span face="Helvetica Neue, Arial, Helvetica, sans-serif">To </span><br />
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<span face="Helvetica Neue, Arial, Helvetica, sans-serif">All Insurers (Except ECGC and AIC) </span><br />
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<span face="Helvetica Neue, Arial, Helvetica, sans-serif">Sub: Disclosure of underwriting philosophy of offering Insurance coverage to Persons with Disability (PWD) and people affected with HIV/AIDS and Mental Illness diseases. </span><br />
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<span face="Helvetica Neue, Arial, Helvetica, sans-serif">1. Reference is drawn to the provisions of IRDAI (Health Insurance) Regulations, 2016 in accordance to which every insurer shall evolve a health insurance underwriting policy covering approach and aspects relating to offering health insurance coverage not only to standard lives but also to substandard lives. Further insurance companies shall also comply with various provisions of HIV and AIDS Prevention and Control Act, 2017 and Mental healthcare Act, 2017. </span><br />
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<span face="Helvetica Neue, Arial, Helvetica, sans-serif">2. Notwithstanding the above provisions, it is considered essential that the targeted population of every insurer shall have complete information on the philosophy that insurers adopt while complying with the above referred provisions. </span><br />
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<span face="Helvetica Neue, Arial, Helvetica, sans-serif">3. In furtherance to above, all Insurers are instructed to publish on their respective websites the underwriting philosophy and approach with regard to offering insurance coverage to the following category of population: </span><br />
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<span face="Helvetica Neue, Arial, Helvetica, sans-serif" style="color: #444444; font-family: Dosis;">a. Persons with Disabilities (PWD)<br />b. Persons affected with HIV /AIDs.<br />c. Persons affected with Mental Illness diseases. </span></blockquote>
<span style="color: #444444; font-family: Dosis;"><span face="Helvetica Neue, Arial, Helvetica, sans-serif">4. All Insurers (Life, General and Health Insurers) are here by directed to comply with the aforesaid instruction by 01st October, 2020. </span><br />
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<span face="Helvetica Neue, Arial, Helvetica, sans-serif">5. This has the approval of the competent authority. </span><br />
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<span face="Helvetica Neue, Arial, Helvetica, sans-serif"> (DVS RAMESH) </span><br /><span face="Helvetica Neue, Arial, Helvetica, sans-serif"> GENERAL MANAGER (H)'</span></span><br />
<br />
<span style="font-family: "georgia" , "times new roman" , serif;"><span style="font-family: "georgia" , "times new roman" , serif;">I can recall how the Posta</span><span style="font-family: "georgia" , "times new roman" , serif;">l Life Insurance (PLI) justified the extra premium and reduced sum assured to persons with disabilities when it was challenged in </span><a href="https://docs.google.com/file/d/0B9pA0kt0x8XwXy1KdWZvdndjSjA/edit" style="font-family: georgia, "times new roman", serif;" target="_blank">W.P.(C) No.10323/2009 titled Vikas Gupta Versus Union of India</a><span style="font-family: "georgia" , "times new roman" , serif;">. The Hon’ble Delhi High court in the instant case agreed that charging extra premium from employees with disabilities was indeed a discrimination on the basis of disability and therefore in a remarkable judgement directed the postal life insurance to provide equal insurance coverage and not charge extra premium from the employees with disabilities. Read my earlier discussion dated 22 April 2012 on the subject in the post titled '</span><a href="https://www.disabilityrightsindia.com/2012/04/extra-premium-for-insurance-or-reduced.html" style="font-family: georgia, "times new roman", serif;" target="_blank">Extra Premium or Reduced Insurance Cover, both discriminatory against Disabled - Delhi HC</a><span style="font-family: "georgia" , "times new roman" , serif;">'</span></span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span><b><span style="font-family: "georgia" , "times new roman" , serif;">Some Experiences from the field </span></b><br />
<span style="font-family: "georgia" , "times new roman" , serif;">Mumbai-based software professional Nikhil Deshpande had sought a cover from his health insurance for his anxiety therapy sessions and related medication which costs almost Rs 7,000 per month. He was also hospitalised twice last year. However, the insurer informed him that no cover was available.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">The same goes for the differently-abled as well. Pratigya Tiwari from Kolkata who lost her eyesight due to polio at the age of seven in 1998, still does not have a health cover. Reason? All insurers said that she is prone to higher risks and will cause adverse selection.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">“I work in an administrative position in a power facility and also travel to work on a daily basis. Especially with the coronavirus pandemic, I am at a loss because if I am hospitalised I do not have any insurance. Why can’t the regulator make it mandatory?” asks Tiwari.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">The magic word here is ‘mandatory’. So far, IRDAI has only ‘advised’ companies to offer covers for all types of risks, defined in insurance parlance as ‘standard’ and ‘sub-standard’ lives.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">Here, standard lives are regular able-bodied individuals with no ailments whereas substandard are defined as all others. Lack of data to price products is often cited as a reason to reject covers.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">While IRDAI had advised insurers to cover all kinds of health requirements, be it HIV/AIDS, cancer or mental health, the truth is that less than 10 percent of the industry is offering covers.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">“Whatever few covers are available, they are not adequate in sum assured sizes. Further, the annual premiums are above Rs 20,000 which is not affordable for the masses,” said disability rights' activist Naveen Das.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">Das also questioned that when insurers were offering covers for diabetes, blood pressure and even advanced stages of cancer, why not offer covers for all disabilities. When individuals with some sort of physical disabilities function normally without any major concerns, he explained that it is baffling why insurers don’t want to offer covers.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">Insurance companies are of the view that certain sections of the society are high-risk depending on their physical and mental well-being. Companies feel that offering an individual cover to such people would lead to a high ratio of claims because a proportion of the high-risk category would require medical intervention at regular intervals.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">Insurance works as a pooling concept where premium is put into a common pool and the claims are paid out of it. Underwriting officials believe that insuring individuals who are prone to claim regularly would mean that ‘healthy’ individuals would compensate for premium loss by having to pay a higher annual cost for covers. This argument has been earlier rejected by the Courts as indicated in the ibid judgement of Vikas Gupta Vs. UOI.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">An article in MoneyControl.com titled '<a href="https://www.moneycontrol.com/news/business/economy/four-years-on-the-differently-abled-anxiety-hiv-patients-have-no-insurance-cover-is-irdai-doing-enough-5364391.html" target="_blank">Four years on, the differently abled, anxiety and HIV patients have no insurance cover. Is IRDAI doing enough?</a>' suggests that a better solution would be to have standardised products of health insurance of say Rs 5-7 lakh size with a premium range of Rs 10,000-12,000 for those with special needs. Those seeking a higher cover size could buy a top-up plan by paying a market-linked premium. This will ensure that no individual in India is denied a health insurance cover. With the absence of a standard social security scheme (except for the Pradhan Mantri Jan Arogya Yojana for those below poverty line), there should be more standard medical covers across the spectrum covering those with all types of physical and mental health.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">As of now, in the private health insurance space, very few insurers provide coverage for HIV positive/AIDS patients. One of these policies that provide coverage is Star Health Insurance's India Medi-classic Insurance plan. And with regard to disabilities, Star health provides an indemnity-oriented health insurance policy for children and young adults with autism.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;"><b>Issues that we still need to work on</b> </span><br />
<span style="font-family: "georgia" , "times new roman" , serif;">However, issues I had raised in my article dated 22 Apr 2012, continue to be relevant and we need to work on these issues. I reiterate the same once again with some improvements:-</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">(a) The insurance sector still discriminates on the basis of etiology of the disability i.e. causes of disability, whether it is from birth and after birth; neurological or physical and then rates their lives accordingly, which in my considered view has again no scientific base.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">(b) The persons with neurological disabilities are still not allowed any insurance policy and needs to be challenged.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">(c) The ibid Delhi HC judgement in 2012 only adjudicated about PLI's inactions which is an insurance scheme for the benefit of government employees hence, it covered a very small section of persons with disabilities. Those who are outside the government jobs especially those in rural areas are far away from reaping the benefits of insurance, particularly health insurance. Though the judgement challenges the principles that have so far formed the basis for denying the insurance to the disabled.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">(d) The Actuaries who are in the business of assessing the life risks are not aware of the real challenges and the lives of the persons with disabilities and they continue to live in their own world and decide on their own whims, the risk calculation of the life of a person with disabilities. They need to be sensitized and made aware not only about the lives of persons with disabilities but also the rights regime that UNCRPD brings.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">(e) The entire literature on insurance that I had to read while pursuing this case from outside, I found it reinforced the stereotypes about persons with disabilities and their proneness to accident! Hence, we need new literature for future actuaries to understand that Disability can not be treated always as a negative health profile and that living with disability was distinct from suffering from a life threatening disease.</span></div><div dir="ltr" style="text-align: left;" trbidi="on"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></div><div dir="ltr" style="text-align: left;" trbidi="on"><span style="font-family: georgia, "times new roman", serif;">(f)</span><span style="font-family: georgia, "times new roman", serif;"> Use</span><span style="font-family: georgia; text-align: justify;"> of </span><span style="background-color: white; font-family: georgia; text-align: justify;">objectionable and highly derogatory terms such as "sub-standard lives" to refer to persons with disabilities in acturial books and even by IRDAI in its regulations is something that should immediately stop being undignified and against the CRPD.</span></div><div dir="ltr" style="text-align: left;" trbidi="on"><div style="text-align: justify;"><span style="font-family: georgia;"><br /></span></div>
<span style="font-family: "georgia" , "times new roman" , serif;">(g) There is a need to raise awareness that a person with visual impairment or with hearing impairment or with neurological impairment also enjoys good health like anybody else.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">(h) The rules of Insurance sector needs to be changed in light of the 2012 judgement and a few more that came afterwards and applied across the sector. All insurance issuing companies - be it private or government have to factor in the principles of this judgement and make amends. And this must apply to not just life insurance but also health insurance and other insurance products available in the market and we see a larger role of IRDAI- the insurance regulator in making their advisories mandatory.</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;"><br /></span>
<span style="font-family: "georgia" , "times new roman" , serif;">Regards</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;">Subhash Chandra Vashishth</span><br />
<span style="font-family: "georgia" , "times new roman" , serif;">Adv</span><br />
<br /></div>
Adv SC Vashishthhttp://www.blogger.com/profile/03461646434067132814noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-79842277303257190932020-03-29T14:45:00.000+05:302020-03-29T14:45:01.284+05:30Focal Points in Different States & UTs of Govt. of India to address grievances of Persons with Disabilities during COVID19<div dir="ltr" style="text-align: left;" trbidi="on">
<div style="text-align: left;">
Dear Colleagues<br />
<br />
Government of India has facilitated the following list of Focal Points in different States/ Union Territories to address and attend to the Grievances of Persons with Disabilities during COVID19:<br />
<br />
The contact details of the Focal Point at the Central level of Govt. of India is:-<br />
<br />
Shri Vikash Prasad<br />
Director<br />
Department of Empowerment of Persons with Disabilities,<br />
Ministry of Social Justice & Empowerment<br />
Room No. 5, B-I Block, Antyodaya Bhawan,<br />
CGO Complex, Lodhi Road, New Delhi - 110003 (India)<br />
vikash[dot]prasad[at]nic[dot]in<br />
<br />
Here are the Contact details of Officers in different States/ UTs of India that have been given in the following order :-<br />
<br />
S.Number<br />
Name of State/UT<br />
First Contact Details<br />
Second Contact Details<br />
Third Contact Details<br />
<br />
1<br />
Andaman & Nicobar<br />
Ms. Ankita Mishra Bundela<br />
Secretary (Social Welfare Department),<br />
Andaman and Nicobar Administration,<br />
Secretariat, Port Blair-744101<br />
secyship.and@nic.in<br />
<br />
<br />
2<br />
Andhra Pradesh<br />
Ms. K. Damyanti ,<br />
Principal Secretary,<br />
Social Welfare Department, Government of Andhra Pradesh<br />
9100778087<br />
peshisw1@gmail.com<br />
peshi.wcdsc@gmail.com<br />
M.A.Kumar Raja,<br />
Deputy Director, Welfare of Differently Abled, Transgender & Sr. Citizens, D.Number.74-14-2, 1st floor, rajanarendra building, Krishna Nagar, yanamalakuduru road, Vijayawada-520 007<br />
94907 20301<br />
<br />
3<br />
Arunachal Pradesh<br />
Ms. Niharika Rai<br />
Secretary<br />
Department of Women & Child Development, Social Justice & Empowerment & Tribal Affairs,<br />
Govt. of Arunachal Pradesh,<br />
Itanagar-791111<br />
Mobile No. 8919173853<br />
<br />
4<br />
Assam<br />
Shri K J Hilaly<br />
State Commissioner of PwDS<br />
Government of Assam<br />
9435080266<br />
Joint Director<br />
9453182377<br />
<br />
5<br />
Bihar<br />
Shri Atul Prasad,<br />
Principal Secretary,<br />
Department of Social Welfare,<br />
Government of Bihar, Patna-800015, Bihar<br />
09431005001<br />
Email: swbihar@gmail.com<br />
secysw-bih@nic.in <br />
<br />
6<br />
Chhattisgarh<br />
Shri Prassna R<br />
Seceratary social welfare<br />
Govt.of chhattisgarh<br />
94061 00100<br />
<br />
7<br />
Delhi<br />
Shri Santosh Kumar Section officer<br />
Office of State commissioner PwDs, GNCT of Delhi<br />
85270 77845<br />
Dr. A. Madhavi<br />
DD disabilities<br />
Deptt of Social welfare<br />
GNCTD<br />
9013270156<br />
Sh. Nitish Mohan Tripathi<br />
State Coordinator UDID project<br />
9873936472<br />
<br />
8<br />
Goa<br />
Shri S. K. Bhandari ,<br />
Secretary,<br />
Department of Social Welfare,<br />
Government of Goa,<br />
Porvorim-4035211,<br />
Goa.<br />
Mobile No. 9643335576<br />
Email Id:- socialwelfaregoa@rediffmail.com<br />
Shri Santano Fernandes<br />
Deputy State Commissoner of Persons with Disabilities, Govt. of Goa<br />
98814 35463<br />
<br />
9<br />
Gujarat<br />
Shri MaNumberj Aggarwal<br />
Principal Secretary,<br />
Department of Social Justice & Empowerment,<br />
Govt. of Gujarat,<br />
Sardar Patel Bhawan, Block-5, 9th floor, Sachivalaya,<br />
Gandhinagar-382010<br />
Email: secswd@gujarat.gov.in<br />
Mobile: 09978444105<br />
Shri Dina Nath Pandey<br />
State Commissoner of Persons with Disabilities, Govt. of Gujarat<br />
9978406491<br />
<br />
10<br />
Haryana<br />
Shri Dinesh Shastri<br />
State Commissioner of Persons with Dsiabilities, Govt. of Haryana<br />
Mobile Number:- 90500 80529<br />
<br />
<br />
11<br />
Jharkhand<br />
Dr. Amitabh Kaushal,<br />
Secretary,<br />
Department of Women Child Development & Social Security,<br />
Govt. of Jharkhand,<br />
Room Number.304, Project Building, Dhurwa<br />
Ranchi-834004,<br />
Jharkhand.<br />
Email: swdjharkhand@gmail.com<br />
Mob: 09430119083<br />
Shri Satish Chandra<br />
State Commissioner of Persons with Disabilities<br />
94312 71428<br />
<br />
12<br />
Kerala<br />
Shri Biju Prabhakar<br />
Special Secretary,<br />
Social Justice Department,<br />
Government of Kerala,<br />
Mob: 9447035355<br />
E-mail: sjsecykerala@gmail.com<br />
Dr. G. Harikumar<br />
State Commissioner of Persons with Disabilities, Govt. of Kerala<br />
9447743797<br />
<br />
13<br />
Madhya Pradesh<br />
Shri Sandeep Rajak<br />
State Commissioner of PwDs<br />
9425139344<br />
Shri Sunil Sharma<br />
Assistant Director<br />
9752405244<br />
<br />
14<br />
Maharashtra<br />
Prerna Deshbratar<br />
State Commissioner, Disabilities, Maharashtra State, Govt. of Maharashtra, 3, Church Road. Pune – 411 001<br />
<br />
<br />
15<br />
Manipur<br />
Shri. V. Vumlunmang<br />
Principal Secretary, Social welfare and Health<br />
Govt. of Manipur,<br />
Imphal, Manipur.<br />
Mobile- 09436034934<br />
Email: jacinthalazarus@gmail.com<br />
Shri. L. Dhaneshwor Singh<br />
Child Welfare Officer<br />
Social Welfare Department<br />
Mobile Number:- 94360 27993<br />
<br />
16<br />
Meghalaya<br />
Shri Sanjeet K Seal,<br />
State Numberdal Officer,<br />
UDID Project, Meghalaya<br />
Mobile Number: 9436101358<br />
Smti Bridget Warshong,<br />
Asst Commissioner for PwDs, Govt of Meghalaya<br />
Mobile Number: +919863086563<br />
Shri Dylan Robby Syiem<br />
State Coordinator UDID Project, Meghalaya<br />
Mobile Number: 8415927160<br />
<br />
17<br />
Mizoram<br />
Smt. Marli Vankung<br />
Secretary,<br />
Department of Social Welfare,<br />
Govt. of Mizoram, Aizwal, Mizoram.<br />
Mobile: 09436155461<br />
Office : 0389 - 2318212<br />
Email: socdepmiz@gmail.com<br />
Dr. Ankita Chakravarty, IAS<br />
Director<br />
Social Welfare & Tribal Affairs<br />
Social Welfare Department<br />
Govt. of Mizoram<br />
Mobile : 08289008855<br />
Office : 0389 - 2395044<br />
Email : Mizoramswd@gmail.com<br />
Shri. F.Vanlalruata<br />
State Coordinator, UDID Project<br />
Mizoram<br />
Mobile : 8974144424<br />
Email : Mizoramswd@gmail.com<br />
<br />
18<br />
Nagaland<br />
Smti Sarah. R. Ritse<br />
Secretary,<br />
Department of Social Welfare,<br />
Govt. of Nagaland,<br />
Kohima-797004.<br />
Ms Diethono Nakhro<br />
State Commissioner for Persons with Disabilities, Govt. of Nagaland<br />
Mobile Number:- 8258953837<br />
Email Id :-<br />
<br />
19<br />
Odisha<br />
Shri Bhaskar Jyoti Sharma<br />
Principal Secretary,<br />
Department of Social Security & Empowerment of Persons with Disabilities,<br />
Government of Odisha,<br />
SIDR Building, Capital Hospital Campus, Unit-6,<br />
Bhubaneshwar-751001<br />
Odisha.<br />
Ms. Sulochna Das<br />
State Commissioner for Persons with Disabilities, Govt. of Odisha<br />
Mobile Number:- 98610 80699<br />
<br />
20<br />
Puducherry<br />
Shri.Ashokan.S<br />
The Director,<br />
Department of Social Welfare/Department of Women and Child Development,<br />
Puducherry<br />
Mobile Number:9443635370<br />
Smti. Kalavady.D,<br />
The Deputy Director<br />
Numberdal Officer(COVID 2019)<br />
Department of Social Welfare<br />
Puducherry<br />
Mobile Number: 9600219478<br />
Smti. Kamalakumari V<br />
The Superintendent(Establishment),<br />
Staff Incharge(COVID 2019),<br />
Department of Social Welfare,<br />
Puducherry<br />
Mobile Number:8637466067<br />
<br />
21<br />
Punjab<br />
Shri Davinder Singh<br />
Superintendent, O/O Director Social Security, Punjab<br />
Mobile Number: 9888880363<br />
Shri Gagandeep Shahi<br />
State Coordinator , UDID, Punjab<br />
Mobile Number: 9876377800<br />
COVID 19:<br />
The Department of Social Security and Women and Child Development ,Punjab has set up helpline service exclusively Persons with Hearing and Speech difficulties. They can use the following WhatsApp Video Calling Helpline number to converse in Indian sign language:-<br />
9888176357 ( Nitesh Sharma)<br />
T&C *Only Hearing/ speech impaired Individuals Can Call . *Plan your calls and Inform The Interpreter Before any Visit To the Doctor. *Use Videocall During 9 am to 6 pm. *Calls Between 10pm to 8 am are only for Emergency. *Remember-Interpreters are not”Medical-Experts”<br />
<br />
22<br />
Rajasthan<br />
Shri B.P Chandel<br />
Deputy Director<br />
Directorate of Specially Abled Persons, Rajasthan<br />
Mobile number: +91 99283 09095<br />
<br />
23<br />
Sikkim<br />
Shri K. Srineevasulu,<br />
Principal Secretary<br />
Social Justice, Empowerment & Welfare Department,<br />
Govt. of Sikkim,<br />
Samaj Kalyan Bhawan,<br />
Lumsey, 5th Mile,<br />
Gangtok-737102,<br />
Sikkim.<br />
Mobile No. 8919173853<br />
Email: yangchenbhutia63@gmail.com<br />
<br />
24<br />
Tamil Nadu<br />
Shri C. Vijayaraj Kumar<br />
Secretary,<br />
Department of Welfare of Differently Abled Persons<br />
Govt. of Tamil Nadu,<br />
Chennai-600078<br />
Tamil Nadu.<br />
Email: secywdap@tn.gov.in<br />
Mobile Number : 0950037711<br />
Thiru. Johny Tom Vargease I. A. S<br />
State Commissioner for Persons with Disabilities/ Director for Welfare of the Differently Abled<br />
Email. Scd.tn@gmail.com<br />
Mobile. +918800656753<br />
Corona Virus 24X7 Helpline for Persons with Disabilities & Senior Citizens 18004250111 (Toll Free) WhatsApp & Video Call Helpline for Persons with Hearing and Speech Impairments to communicate with Sign Language Interpreters 9700799993<br />
<br />
25<br />
Telangana<br />
Shri M. Jagadeeswar<br />
Principal Secretary,<br />
Department of Women & Child Welfare & Disabled Welfare,<br />
Government of Telagana,<br />
Hyderabad.<br />
Mobile: 09849792093<br />
Email: wcdsctg2014@gmail.com<br />
Ms. Shailaja<br />
Director and State Commissioner of PwDs<br />
Department of Women & Child Welfare & Disabled Welfare,<br />
Government of Telagana,<br />
Hyderabad.<br />
Mobile: 98499 05475<br />
Email: wcdsctg2014@gmail.com<br />
<br />
26<br />
Tripura<br />
Dr Deep Kumar Debbarma<br />
State Surveillance Officer<br />
7005513426, 9862670872<br />
Shri Anant Das<br />
(Superintendent of Police): 9436949241, 9612150583<br />
<br />
27<br />
Uttar Pradesh<br />
Shri Mahesh Kumar Gupta<br />
Addl. Chief Secretary,<br />
Department of Disabled Welfare,<br />
Govt. of Uttar Pradesh,<br />
Room No.732, 7th Floor,<br />
Bhapu Bhawan, Sachivalaya,<br />
Lucknow-226001, Uttar Pradesh<br />
Mobile Number: 09161737373<br />
Email: psred2016@gmail.com<br />
Shri S. K Shrivastav<br />
State Commissioner of Persons with Disabilities, Uttar Pradesh<br />
Mobile Number:- 95999 14539<br />
<br />
28<br />
Uttarakhand<br />
Major Yogendra Yadav<br />
State Commissioner for Persons with Disabilities,<br />
Govt. of Uttarakhand<br />
Mobile. 99105 61116<br />
<br />
29<br />
West Bengal<br />
Control Room 1070. <br />
033-22143526<br />
<br />
30<br />
Karnataka<br />
Shri Basavaraju V S <br />
State commissioner for Persons with Disabilities <br />
Mobile number +919449869430<br />
<br />
<br />
<br />
<div>
<br /></div>
</div>
</div>
Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-64999328716900633572019-09-26T11:29:00.001+05:302019-09-26T11:29:35.603+05:30Polling Stations without lift can only use ground floor for assembly elections in Mumbai<div dir="ltr" style="text-align: left;" trbidi="on">
In a bid to ensure accessibility during the forthcoming assembly elections in Maharashtra, it has been decided that all polling stations will be on ground floor if there’s no lift, reports Times of India.<br />
<br />
For the first time an assembly election will have all polling booths on the ground floor if the building does not have working lifts. Taxis and buses will also be arranged by the election commission to ferry the elderly, ailing or disabled voters. “Accessibility will be the main feature of this election and the administration is braced to achieve it,” city district collector Shivaji Jondhale and suburban collector Milind Borikar, who are also the district election officers, said in a public interaction organised by Together VCAN, a social forum.<br />
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Farog Mukadam, deputy election officer, said the city and suburbs had 2,540 and 7,395 polling stations and only 104 of these in the city and 450 in the suburbs had permission to operate from the first, second and third floors as these had functional lifts. There would also be ramps for voters moving on wheel-chairs. While city has around 5.5 lakh voters above the age of 60, the suburban district has approximately over 20 lakh senior citizens. The collectors said that at stations where rooms were not available on the ground floor, pandals would be erected to create polling booths.<br />
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There are around 2,600 persons with disabilities in the city district and around 5,500 in the suburban district. The city and suburbs have a target of achieving a minimum of 60% voting against the 53% and 57% achieved in the recent Lok Sabha polls.<br />
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“We have around 14 wheelchair-mounted vehicles donated by VCAN, a social forum and six buses in the city to cater to disabled and elderly voters. In the suburbs, around 100 buses will arrange transport for them. Over and above this, 360 and 1,200 taxis each in city and suburbs will help in arranging transport for such voters on behalf of the election commission,” Mukadam said. <br />
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Source: <a href="https://timesofindia.indiatimes.com/city/mumbai/mumbai-all-polling-stations-to-be-on-ground-floor-if-theres-no-lift/articleshow/71287571.cms" target="_blank">Times of India</a><br />
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-2929925913332915652019-05-17T06:30:00.000+05:302019-06-05T12:58:42.078+05:30Two months after ‘opening’, Basant Lok market still a patchwork of repairs <div dir="ltr" style="text-align: left;" trbidi="on">
<span style="font-family: Georgia, Times New Roman, serif;">Ms. Vibha Sharma | TNN | May 16, 2019</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">NEW DELHI: The revamped Basant Lok Market in south Delhi was inaugurated on March 5. And yet, there is hardly a sense of things being all right there. The parking area is yet to be tiled, the two entrances opposite Munirka Marg haven’t been refurbished, the lanes at the back aren’t finished and neither the installing of the tensile umbrella at the open amphitheatre and the fire hydrants nor the construction of the toilet block have been done.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">Five days before the model code of conduct kicked in after the announcement of the general elections two months ago, Union minister for housing and urban affairs Hardeep Singh Puri had inaugurated the so-called restored market. The shop owners today claim that progress on the project slowed down after that, leaving over 25% of the planned work pending.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">The revamp work began in September 2018 and Delhi Development Authority was to have finished the project by March 2019. “DDA did construct an amphitheatre, reorganised the public spaces and put in tree guards and steel benches, while also providing pedestrian connectivity with Vasant Vihar metro station,” a shop owner said, requesting anonymity. “But the internal lanes next to the PVR complex remain dug up. Likewise, the water tank hasn’t been done nor the surfacing of the parking lot near Munirka Marg.”</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">Traders also alleged compromises in the quality of work and the non-inclusion of features such as disabled-friendly aids. “The tactile paving and the granite stones have already started eroding, and the construction debris still lying around, giving the market a shoddy look,” grumbled a trader.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">A DDA official refuted the allegations. “It’s not true that the pace of work slowed down after the inauguration. In fact, we are making all effort to ensure quality of construction,” he said. “It will take us 3-4 months more to take care of the pending work. The tensile umbrella, for instance, is 14 metres high and heavy and needs a proper base. That’s why we had to conduct a soil test before its designing and fabrication.”</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">The official also claimed to have earmarked space for vendors relocated from the main pathways and provided water connection from the tank to the hydrants. “The market, once revamped, will be the first fire-compliant commercial complex in Delhi,” he said.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">The official also said that provisions for ramps were made at three places in market after inviting an NGO for to give suggestions for making the market place disabled-friendly. Svayam, the NGO working for uplift of persons with disabilities, however, isn’t happy. Its director Subhash Chandra Vashishth said, “Contrary to its plan for ramps at eight of the 10 entrances, we saw ramps only a couple of locations when we visited the market in March. Also, the verandah outside shops is uneven and could hamper movement of the disabled.”</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">Vashishth added that Svayam filed complaints about the “irregularities in the project plan” with minister Puri, lieutenant governor Anil Baijal and the chief commissioner for persons with disability. “The court has also taken cognizance of the matter and issued a show cause notice to DDA,” said Vashishth.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">The market, constructed in the 1970s, was a popular shopping complex but lost out to the multiplexes and malls that came up in its vicinity. Neglected maintenance and decaying infrastructure led outlets of major brands to down shutters and migrate to the malls at Vasant Kunj and Saket. “In 2008, a newly formed traders’association took up the matter of the market’s restoration problems to the lieutenant governor, and finally Rs 10 crore was allocation for the project,” a shopkeeper disclosed.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">Source: <a href="https://timesofindia.indiatimes.com/city/delhi/2-months-after-opening-basant-lok-market-still-a-patchwork-of-repairs/articleshow/69349471.cms" target="_blank">Times of India</a> </span></div>
Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-54081932398978217702019-05-11T10:30:00.000+05:302019-06-05T13:09:52.353+05:30In Delhi, making elections accessible for the differently-abled<div dir="ltr" style="text-align: left;" trbidi="on">
<span style="font-family: Georgia, Times New Roman, serif;">Ms. Vangmayi Parakala | The Hindu | May 10, 2019 </span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">On voting day on Sunday, Svayam offers mobility solutions to the disabled across the city. </span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">“The fight is tight. Each vote matters,” says Sminu Jindal, reiterating the messaging we’ve all heard many times almost every election season. But this year, she’s attempted to follow through on this. Her organisation, Svayam, has partnered with NGOs in Delhi’s South, West, and South-West constituencies to ensure that people with mobility problems aren’t hindered from exercising their franchise.</span><br />
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<b><span style="font-family: Georgia, Times New Roman, serif;">Access for all</span></b><br />
<span style="font-family: Georgia, Times New Roman, serif;">“Accessibility isn’t and shouldn’t be a concern only for disability rights activists,” Jindal stresses adding that you needn’t be elderly or disabled to benefit from better thought-out public transportation and spaces: you can be a young athlete who’s injured and on a wheelchair, or you can be in the last trimester of your pregnancy.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">Polling is usually held in government buildings like the local municipal school, meaning that by law, these will be accessible spaces, with at least the basic provision of ramps. The problem though, is in getting to these booths.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">Through its partner organisations, Svayam has deputed wheelchair-friendly vans that will shuttle people to and from their voting booths, should they need them. In 2017, the organisation had already donated 10 such vans to different NGOs across the country. Of these, four vans have stayed in the city, with Astha, Muskaan, Family of Disabled, and Yes We Can. This year, they’ve added two new vans to this existing entourage, also working with the Election Commission of India to ensure that booths have what the polling body calls “Assured Minimum Facilities.”</span><br />
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<b><span style="font-family: Georgia, Times New Roman, serif;">Key partnership</span></b><br />
<span style="font-family: Georgia, Times New Roman, serif;">After surviving a crash that left her paralysed from the wasit down when she was 11 years old, Jindal has been an active advocate for accessibility. She calls the government Svayam’s “most important partner,” recalling a two-decade-old association through which they’ve partnered and consulted on projects. This includes regular audits, training, and design interventions at various sites.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">Starting 2006, they worked with the Archaeological Survey of India to make heritage sites like the Qutub Minar, Fatehpur Sikri and the Taj Mahal friendly for tourists with reduced mobility. Later, they were a part of the core committee set up to harmonise construction standards for the elderly and disabled. Today, they routinely conduct sensitisation and training sessions with staff at the Delhi International Airport Limited.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">But it was in June 2018 that the Election Commission of India invited Svayam to be a partner on the National Consultation on Accessible Elections, stating that this “will pave the way for evolving the National Policy document on Inclusion of PwDs [Persons with Disabilities] in Electoral Process.” Svayam specifically made 20 recommendations at this meet, including the need to allow service animals and guide dogs to enter booths.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">“The ECI has been very positive this time. The only major challenge is to standardise these guidelines across the country,” says Subhash Chandra Vashishth, Director of Svayam, adding that close to 13 pointers in their recommendations have been accepted and implemented this year.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">Source: <a href="https://www.thehindu.com/society/in-delhi-making-elections-accessible-for-differently-abled/article27096864.ece" target="_blank">The Hindu</a></span><br />
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-82469810463819505472018-07-05T10:52:00.000+05:302018-07-09T10:54:53.999+05:30American Firm to pay $100,000 to Ashok Pai, an Indian-origin employee over Discrimination Lawsuit<div dir="ltr" style="text-align: left;" trbidi="on">
New Delhi, 4th July 2018<br />
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Here is an important case law from USA wherein an American firm will end up paying $100,000 (One lac US Dollars) to settle a discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of an Indian-origin employee, the agency said on July 2. </div>
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Federal contractor Camber Corporation was accused of violating federal law when it denied a transfer to employee Mr. Ashok Pai based on his son's medical condition and then fired him. Such alleged behaviour violates the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), the EEOC said in its suit. Besides a $100,000 award for lost wages, the two-year decree entered by U.S. District Court Judge Anthony J. Trenga to resolve the case includes injunctive relief to prevent disability and age discrimination from occurring at the company in the future.</div>
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According to the EEOC, Pai's son sustained serious injuries in a car accident as a child, due to which he has been disabled for more than 25 years. Pai sought a transfer to work nearer to where his son lived and requested leave to assist with his care. However, after the management learned that Pai was seeking a transfer to take care of his son, Camber classified him as "resigned," began processing termination paperwork and ultimately fired him for pretextual reasons, the EEOC said. Pai, who was then in his mid-60s, was subsequently replaced by someone over 20 years younger than him.</div>
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Camber Corporation is headquartered in Huntsville, Ala. The discrimination against Pai took place in Falls Church, Va., where he worked. The EEOC filed its suit in U.S. District Court for the Eastern District of Virginia after first attempting to reach a pre-litigation settlement through its conciliation process.</div>
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"When employers violate the law, the EEOC will hold them accountable. We are pleased that the parties were able to reach a resolution to better protect the rights of employees under federal law," EEOC regional attorney Debra M. Lawrence said in a statement.</div>
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"The ADA not only prohibits employers from discriminating against people with disabilities, it also bans discrimination against employees and applicants based on their association with a person with a disability - for good reasons," Washington Field Office Acting Director Mindy Weinstein said. "Mr. Pai simply asked for a transfer to help deal with his son's severe disability, and the company made a bad situation worse by punishing him for trying to do the right thing and showing age bias at the same time. The EEOC is here to fight for the rights of people like Ashok Pai."</div>
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Other Media Reports:</div>
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1. <a href="https://www.ndtv.com/indians-abroad/american-firm-to-pay-100-000-to-settle-indian-origin-employees-discrimination-lawsuit-1876965" target="_blank">NDTV</a> </div>
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2. <a href="https://littleindia.com/u-s-firm-to-pay-100000-to-indian-origin-employee-over-discrimination-lawsuit/" target="_blank">Little India dot com</a></div>
3. <a href="https://www.telegraphindia.com/world/company-to-settle-indian-s-suit-242279" target="_blank">The Telegraph</a></div>
Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-11615566962181584672018-06-18T12:08:00.002+05:302018-06-18T12:08:45.463+05:30Jeeja's Child adoption story raises hopes for many others<div dir="ltr" style="text-align: left;" trbidi="on">
Jeeja Ghosh - is another name for perseverance and doggedness when it comes to fighting out for rights. And she has shown it once again that if you stand for what is right, perseverance pays.<br />
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Jeeja, a fellow disability rights activist has been married for around five years now. Resident of Ballygunge she has broken many ceilings and has had many firsts. The 48-year-old added one more to the list last week, becoming the first person born with cerebral palsy in Kolkata — and possibly India — to become an adoptive mom.<br />
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<tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjUQYNOiW1LURletWVnNO-mP_HrBlqnoHB0EvC4MKrzdo64pGZ6mVYSPt5OpYQ09VZb86_0DdHEvF-vUoB4uo3Tg4PB6KLOxUV3YXwYYlCZnSZn4OsyTfuWJGG_dGIpqZo9icBbfabkLE0/s1600/Jeeja+with+the+adopted+daughter.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" data-original-height="960" data-original-width="720" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjUQYNOiW1LURletWVnNO-mP_HrBlqnoHB0EvC4MKrzdo64pGZ6mVYSPt5OpYQ09VZb86_0DdHEvF-vUoB4uo3Tg4PB6KLOxUV3YXwYYlCZnSZn4OsyTfuWJGG_dGIpqZo9icBbfabkLE0/s320/Jeeja+with+the+adopted+daughter.jpg" width="240" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;"><i>Jeeja Ghosh with Hiya (adopted daughter)<br />(Source- Facebook)</i></td></tr>
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Motherhood was a dream that Jeeja, born with the disabling condition, nursed since she tied the knot in 2013. But little did she know about the hurdles she would have to face before being considered fit for adopting a five-month-old girl. On 7th June 2018, after an epic struggle, Jeeja welcomed home a girl child — lovingly called Bhujungu and Sonai at home — to her ninth-floor flat at the Saptaparni complex on Ballygunge Circular Road.<br />
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Jeeja, a Presidency College graduate and Delhi University postgraduate, and her husband, Bappaditya Nag, a law officer at Syndicate Bank, applied for adoption in 2016. Madhusmita Nayak, programme manager for the specialized adoption agency project at Keonjhar’s Self-Realisation Mission (SRM), from where the child was adopted, said the baby was born in January 2018 and was abandoned at a Keonjhar hospital. “We don’t know about her biological parents,” Nayak said.<br />
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It was love at first sight for the couple when they saw the yet-unnamed child at SRM. But it needed multiple trips to Keonjhar to convince the adoption committee that Jeeja could be a responsible care-giver. “We submitted a fit certificate from a gynecologist but even after that the committee told us this certificate was not acceptable because it had to be issued by a ‘medical practitioner’,” Nag said.<br />
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It was an uphill struggle since then and, after numerous mails and reminders, the couple finally escalated the matter to Dr Sadaf Nazneen, consultant (eastern region), Central Adoption Resource Authority (CARA).<br />
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On Tuesday, Dr Sadaf Nazneen, of CARA told TOI, “It needs to be checked whether the couple is emotionally, physically and financially suitable to adopt a child. This was the first case where a parent with cerebral palsy was keen on adoption. It will remain as a reference point for other such applications in future. Some questions might have seemed uncomfortable but they were perhaps asked to judge the suitability of the family adopting the baby.”<br />
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Jeeja Ghosh and her husband, however, do not buy this argument. “I felt so humiliated with the questions they asked. The district child protection officer described cerebral palsy as a ‘mental disease’ and expressed apprehensions about my communication skills. I fail to understand how someone in that position can have such ideas,” Ghosh alleged.<br />
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TOI spoke to the officer, Debangana Barik, who said she “did not want to hurt” Ghosh at all. “My language issue might have created a problem. I am very impressed with her personality and she is completely fit to take care of the baby. Her adoption case is a success story for all of us here,” Barik added. But the new parents’ legal work is still not over. Bhujungu is, legally, in Ghosh’s and Nag’s foster care right now. “We are going to file a court application in Keonjhar soon and, within 60 days of that, we expect to get the order that will make us her legal parents,” Ghosh said.<br />
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The Saptaparni flat has undergone a sea change, with nappies, oil cloth and feeding bottles strewn all over the drawing room. Both parents are on leave now. Bhujungu has a twinkle in her eyes when Jeeja rocks the pram. She tilts her head and then lazily rests her little toes on the pram handle. Friends and relatives are dropping by regularly with cartloads of gifts for the little one. Nag, too, is a complete hands-on father, from feeding Bhujungu to cleaning her when she soils herself. Ghosh’s octogenarian mother, a dementia patient, is thrilled. Seated in a wheelchair close to the pram, she intermittently utters the baby’s name aloud. On rare occasions, when memory serves her right, seeing Ghosh and her daughter is a reminder for the old lady of her own motherhood tales of fighting against odds to bring up a daughter.<br />
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Jeeeja's successful adoption of a child has set a benchmark and given hope to several persons with disabilities that they, too, can become parents.<br />
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Source:<br />
Times of India, Kolkata 13 June 18: <a href="https://timesofindia.indiatimes.com/city/kolkata/jeeja-countrys-1st-adoptive-mom-with-cerebral-palsy/articleshow/64564628.cms?from=mdr" target="_blank">Kolkata woman may be first with cerebral palsy to adopt a baby</a><br />
Times of India, Kolkata 14 June 18: <a href="https://timesofindia.indiatimes.com/city/kolkata/disabled-persons-see-beacon-of-hope-in-jeeja-adoption-story/articleshow/64580818.cms" target="_blank">Disabled persons see beacon of hope in Jeeja adoption story</a><br />
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-22387730771664930392018-05-16T18:33:00.000+05:302018-05-16T18:33:54.374+05:30No funds for new projects that don't include accessibility features in buildings - says Finance Minstry <div dir="ltr" style="text-align: left;" trbidi="on">
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Dear Colleagues,</div>
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In a welcome initiative, the Finance Ministry has, in compliance with Section 40 & 44 of the <a href="https://drive.google.com/file/d/0B9pA0kt0x8XwaTNqTTdZS0hTWFU/view" target="_blank">Rights of Persons with Disabilities Act 2016</a>, which are reproduced below, made it mandatory for all new projects to include accessibility features in the costing of the total project cost when proposals are sent for expenditure finance committee approvals. No funds will be release for projects that don't include accessibility components. </div>
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"<i>40. Accessibility.—The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.</i></div>
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<i>44. Mandatory observance of accessibility norms.—(1) No establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40.</i></div>
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<i>(2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government</i>"</div>
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The department of expenditure has directed all ministries to include “special measures proposed to meet needs of persons with disabilities, including accessibility requirements under the Right of Persons with Disabilities Act” in new construction projects. The measures would be included in all inter-ministerial consultation notes and in the final expenditure finance committee (EFC) note. In the format of EFC notes for appraisal of schemes, the department of expenditure amended its earlier guidelines to include an additional para. </div>
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This comes into immediate effect. The ministries/ departments are requested to accordingly circulate EFC memos for inter-ministerial consultations after incorporating measures to meet needs of persons with disabilities,” the amended guideline directed. </div>
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The department of empowerment of persons with disabilities (DEPwD) has been pushing for this inclusion for some time. Speaking to ET, DEPwD joint secretary Dolly Chakraborty said, “Any new construction project – like a flyover where pedestrian crossings are being planned or overbridges or a new government building – would now have in-built accessibility features. Harmonised guidelines have been issued to have common features. Now it would be mandatory to include these within the planning stage.” .. This, Chakraborty said, would help to make physical environment more accessible as retrofitting later has always been a financial and design challenge. </div>
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Source: <a href="https://economictimes.indiatimes.com/news/politics-and-nation/government-makes-easy-access-features-must-in-all-new-projects/articleshow/64167604.cms" target="_blank">Economic Times</a></div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-13319206790815537512018-01-27T07:30:00.000+05:302020-07-18T16:50:46.942+05:30Rights Activists Want ICT To Be Made More Inclusive for Persons With Disabilities <div dir="ltr" style="text-align: left;" trbidi="on">
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Submissions made to the Telecom Regulatory Authority of India seek stringent, legally-binding provisions covering all players in the sector.</div>
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Gaurav Vivek Bhatnagar | The Wire | January 26, 2018</div>
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New Delhi: Disability rights activists have called for a stringent policy to ensure persons with disabilities are able to access with ease both the software and hardware when it comes using information and communication technology (ICT).</div>
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With the Telecom Regulatory Authority of India (TRAI) issuing a consultation paper on ‘Making ICT Accessible for Persons with Disabilities (PwDs)’ on December 20, 2017, and seeking comments from the stakeholders by January 22, 2018, a number of disability rights groups have made their submissions.</div>
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“For achieving a truly inclusive information society, persons with disabilities must be able to use information and communication technologies (ICTs) with equal ease. This can be made possible only if the accessibility of ICTs is on the top of the agenda of manufacturers and service providers. Though it makes business sense to attract persons with disabilities with ICTs having accessibility features, manufacturers failed to tap this opportunity. Hence, a stringent policy is required to ensure persons with disabilities get what they need,” said noted disability rights activist and director of Svayam, Subhash Chandra Vashishth.</div>
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Incidentally, the World Bank Report (2007) titled ‘People with disabilities in India: from commitments to outcomes’ had stated that “there is growing evidence that people with disabilities comprise between 4 and 8 percent of the Indian population”. Further, the population of senior citizens in the country ranges between 10-12%. Put together, these aspects raise the need for making ICT inclusive for improving the quality of life of the PwDs.</div>
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<b>Both software, hardware not complying with guidelines</b></div>
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In its submission to TRAI, Svayam has noted that often the websites, software and mobile apps from vendors and service providers do not comply with accessibility guidelines. This makes them inaccessible for visually impaired persons who make use of assistive technologies like screen reading software, braille displays, etc.</div>
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It has also pointed out that “most electronic hardware products like Set-Top-Box (STB), smart home solutions, etc. are not usable for persons with disabilities as they don’t comply with international accessibility standards e.g. the buttons on most of these devices do not possess any tactile notations and audio feedback to allow visually impaired users to interact with them.</div>
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<b>Policies lack budgeting support</b></div>
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Most policies are simple guidelines and often lack appropriate budgetary or funding support for implementation and penalty for non-adherence. This leads to lesser efforts towards compliance, the organisation noted.</div>
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Moreover, it said, most guidelines are made applicable only for government entities and not to all establishments. “However, needs of persons with disabilities in their day-to-day lives span beyond services and products offered by government entities.”</div>
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As for the financial support for maturity and survival of products that benefit PwDs, it said either such mechanisms “do not exist or are very low and ineffective.”</div>
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Stating that “a comprehensive plan is needed to adopt an accessible operating system for product development and service divisions to include everyone,” Vashishth said issuing of the consultation paper was a step in the right direction.</div>
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As for telecom regulator TRAI, he said, it has highlighted in the paper that an equal and inclusive society involves providing equal opportunities to all sections of society irrespective of their physical, economic, social or religious identity in all spheres of life and this covers education, skill development, economic empowerment and ensuring full participation of all persons including PwDs.</div>
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While programmes such as ‘Digital India’ envisage inclusive growth and a digitally empowered society, the benefits of ICT have not reached all the sections so far. At a time when mobile phones are also being used to access information, avail of various services, the need of the hour is promoting digital inclusion for enabling PwDs to lead independent and dignified lives.</div>
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With the new Rights of Persons with Disabilities Act, 2016 raising the disability categories from seven to 21, “this presents an opportunity for all the stakeholders (disability/accessibility activists, NGOs, etc.) to mull over the concern areas and help the government on how to make ICT accessible for persons with disabilities,” said Vashishth.</div>
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<b>‘Include user groups in research, product development’</b></div>
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Founder-chairperson of Svayam, Sminu Jindal, said “there is a massive lack of awareness among the stakeholders as well as credible research on ICT for persons with disabilities. Non-inclusion of user groups in research and product development is another issue which should be addressed. We also need aggressive public campaigns for awareness and sustained advocacy to enforce stringent accessible ICT policies.”</div>
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On the key areas of concern, Svayam has noted among other things that there is an absence of periodic stakeholder coordination; lack of harmony between policies and the regulation across the world to adhere to uniform standards; lack of research and development, lack of aggressive campaigning for accessible ICTs, lack of direct involvement of PwDs in product development; high cost of specialised assistive technology; high import taxes and no subsidy or incentives being provided to the manufacturers from the government.</div>
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It has, therefore, suggested that “all establishments” should be covered by all the provisions in the policies concerning access to PwDs; the provisions should be made “mandatory” and legally binding instead of remaining mere guidelines; clauses specifying substantial penalties for non-adherence should be incorporated; definition of “everyday use products” should be clearly defined and detailed to cover products used for personal use, at home, office and in public infrastructure.</div>
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<b>TRAI should set up a helpline for complaints</b></div>
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It has also suggested that TRAI set up a helpline where only complaints regarding accessibility can be received. “The data of complaints and action taken should be made available on TRAI portal as such data can help frame and reform policies in larger interest.”</div>
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For making it easier for all PwDs to access ICT products, the group has also suggested that all products that have a display screen and interactive touch screen should be made accessible. “This includes set top box, point of sale (POS) machines, scanners, everyday use products such as washing machines, microwave, air conditioners, refrigerators, all types of vending machines, self-service public devices used in shopping malls, airports, railway ticketing, printers including 3D printers, scanners, lifts, elevators, and musical instruments.”</div>
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<b>Focus on regional languages as well</b></div>
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With India being culturally and linguistically diverse, the organisation has also demanded that ICT services in regional language be started for wider reach as at present most of the assistive technology and software is not available in them.</div>
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It has also called for funding “futuristic technologies”. “Recently, Microsoft was granted a patent for a brain control device that can give users mind control powers to operate apps with just their brains, without any movement. Using sensor-equipped head bands, the device could ideally interpret neurological data to have users open and use apps with thoughts instead of gestures,” it pointed out.</div>
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Stating that “accessible ICTs are very much possible, and have the potential to significantly touch many lives enhancing their productivity,” Jindal said if necessary steps are taken now, it would “enable persons with disabilities to contribute to the GDP and live a dignified and happy life.”</div>
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Source: <a href="https://thewire.in/218116/rights-activists-want-ict-made-inclusive-persons-disabilities/" target="_blank">The Wire</a> </div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-34930249342578158442017-10-15T06:30:00.000+05:302018-03-26T13:23:06.464+05:30CISF amends guidelines to avoid humiliating security checks at Airports for people with disabilities<div dir="ltr" style="text-align: left;" trbidi="on">
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<b><span style="font-family: "georgia" , "times new roman" , serif;">No X-ray screening for disabled at airports (Times of India) </span></b></div>
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<span style="font-family: "georgia" , "times new roman" , serif;">Jasjeev Gandhiok | TNN | Updated: Oct 14, 2017, </span></div>
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<span style="font-family: "georgia" , "times new roman" , serif;">NEW DELHI: People with disabilities won't have to face lengthy and "humiliating" security checks at airports anymore, with the Central Industrial Security Force issuing guidelines on how to scan passengers on wheelchairs and those wearing prosthetics. While earlier, PWDs were required to go through an X-ray screening, now checking with a hand-held explosive trace detector (ETD) device will suffice. Passengers will be asked to go through an X-ray screening only if there is "sufficient doubt".</span></div>
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<span style="font-family: "georgia" , "times new roman" , serif;">In addition, they won't have to remove their prosthetic limbs for security check. The decision came after a meeting was held on Wednesday between officials of CISF, the airport sector, BCAS and the ministry of civil aviation and representatives of NGOs working for PWD rights.</span></div>
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<span style="font-family: "georgia" , "times new roman" , serif;">Earlier, a committee had been constituted to review the security-check process based on BCAS provisions to make it more "friendly" for PWDs. Officials said standard operating procedures would soon be formulated, which will be used across all 59 airports under CISF.</span></div>
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<span style="font-family: "georgia" , "times new roman" , serif;">"All issues were addressed at the meeting, following which it was decided to tweak the system of frisking of such passengers. Now, a visual inspection and an ETD hand-held device scanning will suffice while wheelchair-bound passengers will also get relief," said O P Singh, CISF DG.</span></div>
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<span style="font-family: "georgia" , "times new roman" , serif;">CISF officials said the screening officer would also be required to make an entry into a register each time he subjected a PWD passenger to an X-ray screening, stating the reason for doing so. "We are looking at any technological aid that can further make this process easier. CISF personnel at all 59 airports will now be trained and sensitized according to the new procedures," Singh added.</span></div>
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<span style="font-family: "georgia" , "times new roman" , serif;">Disability rights activists welcomed the move, saying it was long overdue. "It's humiliating to get off the wheelchair and remove prosthetics for scanning. More people will look forward to flying again," said Javed Abidi, director, National Centre for Promotion of Employment for Disabled People.</span></div>
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<span style="font-family: "georgia" , "times new roman" , serif;">Suvarna Raj, a wheelchair-bound para-athlete who has often faced inconvenience at airports, said the move would lead to greater accountability.</span></div>
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<span style="font-family: "georgia" , "times new roman" , serif;">Source: <a href="https://timesofindia.indiatimes.com/city/delhi/no-x-ray-screening-for-disabled-at-airports/articleshow/61074850.cms" target="_blank">Times of India </a></span><br />
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<b><span style="font-family: Georgia, Times New Roman, serif;">CISF: Disabled no longer have to remove prosthetics for airport security (DNA India) </span></b><br />
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<span style="font-family: Georgia, Times New Roman, serif;">In a major relief to the disabled, the CISF will no longer carry out the "humiliating" airport security drill of asking people with disabilities (PWDs) to remove their prosthetics or make them get up from their wheelchair for screening at the airports. The announcement was made by the CISF Director General OP Singh.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">The DG said that the Central Industrial Security Force will now use explosive trace detectors (ETDs) and visual profiling to meet the security needs. The Force will also conduct a country-wide survey to find out how many such passengers travel by air each day.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">"The aim is to ensure that such passengers do not face any humiliation or uneasiness when they travel through Indian airports. We have seen numerous complaints in this regard. What we have decided now is to use explosive trace detectors and the visual profiling method of the passenger and his prosthetic tool or wheelchair rather than asking them to take out everything," Singh said.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">The current procedure is to ask passengers to take off their prosthetics before boarding a flight and ask to get up from those on a wheelchair.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">"We are soon going to issue a fresh list of standard operating procedures (SOPs) to usher the new regime in a uniform manner," the DG said.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">"We will also conduct a survey at all the 59 airports that we guard to see how many such PWD passengers we receive on an average. That will give us a fair idea as to how to go about implementing the new SOPs."</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">A senior official in the CISF airport sector said they have estimated that about eight-10 such passengers use Delhi's Indira Gandhi International Airport (IGIA) every day, the busiest airport in the country.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">"Passengers with prosthetics will be asked to remove them only under compelling circumstances which will be purely security concerns. The same procedure will be adopted for wheelchair-bound passengers and those with other disabilities," the official said.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">The director general added that CISF was also looking at "simplifying the security procedures for passengers with orthopaedic issues."</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">In case of prosthetics with foam padding, he said, CISF personnel will use new SOPs but can seek its removal, keeping in mind security concerns.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">Disability rights activist Javed Abidi, who attended a recent meeting with the CISF authorities on the subject, raised his concerns during a recent conversation.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">"I have travelled across the globe for so many years now but only at an Indian airport do I have to get down from my wheelchair so that the security personnel on duty can put it inside a large X-Ray machine to check it against explosives and other hazardous material that can be a threat to the aircraft or aviation security," Abidi, the convener of the Disabled Rights Group, said.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">It is very difficult and embarrassing, he said, for people who have prosthetic or artificial limbs to take out the entire part in full public view inside an airport.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">The CISF is the central paramilitary force tasked with guarding 59 civil airports in the country.</span><br />
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<span style="font-family: Georgia, Times New Roman, serif;">Source: <a href="http://www.dnaindia.com/delhi/report-cisf-disabled-no-longer-have-to-remove-prosthetics-for-airport-security-2552703" target="_blank">DNA India</a></span><br />
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-92101652381009171092017-10-14T06:30:00.000+05:302018-03-14T22:51:36.681+05:30Bureau of Civil Aviation and Security Allows for X-Ray Scanning for PwDs as Measure of Last Resort<div dir="ltr" style="text-align: left;" trbidi="on">
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The developments assume significance as in the past, several persons with disabilities have suffered humiliation at the hands of security or airlines staff at airports across India.</div>
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Gaurav Vivek Bhatnagar | The Wire | October 13, 2017</div>
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New Delhi: The long fight of disability rights activists for making air travel more friendly and sensitive towards the needs of persons with disability (PwD) appears to have finally borne some fruit. The Bureau of Civil Aviation and Security (BCAS) has accepted the recommendations of the Central Industrial Security Force (CISF) to use X-ray scanning for prosthetics and orthotics only as a measure of the last resort. Instructions have also been issued to make wheelchair users get up from their chairs only in exceptional cases for security checks.</div>
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The decision was made known at a meeting convened by director general of the CISF, O.P. Singh, on October 11, which had representatives of the BCAS, Ministry of Civil Aviation, the Air Passengers Association of India and representatives of the disability sector. The meeting, which lasted close to 90 minutes, was attended by top members of the CISF along with its senior officers deployed at the airports.</div>
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Among those present in the meeting were Javed Abidi, director of the National Centre for Promotion of Employment for Disabled People (NCPEDP), cyclist Aditya Mehta, Subhash Chandra Vashishth, Rajesh Bhatia, Nipun Malhotra and associate professor of physiology at the University College of Medical Sciences, Delhi, Satendra Singh.</div>
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<b>Instances of humiliation of PwDs</b></div>
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The developments assume significance as in the past, several PwDs have suffered humiliation at the hands of security or airlines staff at airports across India. In 2013, above-knee amputee and marketing professional Suranjana Ghosh Aikara was made to take off her prosthetic leg for a scan at both Delhi and Mumbai airports.</div>
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Anjlee Agarwal of the Samarthyam National Centre for Accessible Environments, who suffers from muscular dystrophy, faced two odd situations in early 2012; first, when she was bodily lifted by male porters and the other, when she was carted around on a luggage trolley. Her experience made her seek more dignified travel for PwD travellers..</div>
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<b>SC had issued directives</b></div>
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In 2012, Jeeja Ghosh, a teacher at the Indian Institute for Cerebral Palsy in Kolkata, was made to deplane because the staff found her to be ‘abnormal’. Following her appeal, the Supreme Court constituted a committee and directed the DGCA and the BCAS to consult with disabled section of India’s population.</div>
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However, according to Singh, despite directions by the apex court, the BCAS continues to evade this directive. However, Singh lauded the role being played by the CISF, saying it continued to “remain receptive”. Singh also noted that the BCAS had chosen to remain absent from the high-level meeting chaired by the director general of the DGCA with the Airports Authority of India, all the airlines and the disability sector on April 7 this year.</div>
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However, Abidi appreciated the change in the approach of both the CISF and the BCAS towards the issue. “There has been a lot of discussion and exchange of notes between the CISF and BCAS of late. It was a well-rounded meeting, almost a closure type, and I was impressed by the seriousness of purpose. It was called to problem-solve and to bring about a change,” he said.</div>
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<b>BCAS constituted a panel to look into demands of PwDs</b></div>
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Stating that the CISF has already sent its recommendations to the BCAS and that the latter had constituted a committee which held its meeting a few days ago, Abidi said that the CISF had only invited one user of prosthetics and another from the wheelchair lobby from the diverse disability sector. “So the focus was more on prosthetics and the concerns of the wheelchair users”, he said.</div>
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As for other categories of PwDs, he said, they too suffer problems but these are not related to security and need to be handled by the civil aviation ministry and other agencies. “The visually impaired are facing a big problem these days since all the airports have been made sound-free and therefore, the announcement of change of gate for departure of flight is not made through loudspeakers. So a blind person is unable to know that the gate has been changed,” Abidi said.</div>
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“Similarly, persons with speech impairment find it difficult to tell their preferences to the airlines staff or about food preference to the air-stewards,” he added.</div>
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<b>X-ray to be used as a last resort</b></div>
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Acknowledging that the users of prosthetics, orthotics and wheelchairs remain among the worst affected, Abidi said that the new developments are very positive. “Broadly, it has been decided that in the case of wheelchair users, X-ray should be the last option. The standard practice globally was to profile the passengers, frisk them, make them go through the explosive trace detectors (ETD) if need be and to send their gadgets for X-rays if there was greater suspicion,” he said.</div>
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“The world over, X-ray is rarest of rare and in all my travels abroad, even to the US in the post 9/11 era, never have I been asked to get off my wheelchair. However, in Indian airports, it is a norm”, Abidi said. Moreover, he lamented, unlike airports abroad, the CISF personnel have been following the norm of making wheelchair users get off their chairs as part of the security drill. So what is rarest of rare the world over, is their preferred norm here,” he added.</div>
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Abidi said the blame should not be placed on the CISF alone. “What should also be remembered is that while the CISF drew the flak, the policies are actually drawn up by the BCAS, which prepares the manual and instructions. So the real change has to occur not with the CISF but with the BCAS.”</div>
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The rights activist is hopeful that meaningful changes are being effected. He pointed out how the CISF recently undertook a full training programme for its personnel to sensitise them towards autism. The programme was conducted in association with Merry Barua’s organisation, Action for Autism. “It had sensitised the CISF personnel about the behaviour and concerns of passengers suffering from autism and how they were like to react in different situations“, Abidi said.</div>
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Source: <a href="https://thewire.in/187239/bureau-civil-aviation-security-accepts-recommendations-x-ray-pwd-last-resort/" target="_blank">The Wire</a></div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-29122356994196446882017-06-27T17:46:00.000+05:302017-06-27T17:46:32.171+05:30CBSE finds many of its affiliated Schools not inclusive, lack special educators<div dir="ltr" style="text-align: left;" trbidi="on">
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<span style="font-family: Georgia, Times New Roman, serif;">Dear Colleagues,</span></div>
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<span style="font-family: Georgia, Times New Roman, serif;">The Central Board of Secondary Education (CBSE) has pulled up its schools for not adhering to affiliation rules that make appointment of special educators to cater to differently-abled students compulsory.</span></div>
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<span style="font-family: Georgia, Times New Roman, serif;">Appointment of special educators was made mandatory in 2015 under rule 13(11) of the board’s affiliation by-laws to promote inclusion of students with disabilities/special needs in schools according to the provisions of the “Persons with Disabilities Act 1995” and in conformity with the National Policy of Education. </span></div>
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<span style="font-family: Georgia, Times New Roman, serif;">Observing that many schools were not following the rule, Jaiprakash Chaturvedi, Deputy Secretary (Affiliation), said in a recent circular, “The management and the head of CBSE-affiliated schools are hereby directed to strictly follow the provisions and arrange to appoint special educators in schools.” He added that the schools will have to inform their managing committees about the provision for stricter compliance. </span></div>
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<span style="font-family: Georgia, Times New Roman, serif;"><br /></span></div>
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<span style="font-family: Georgia, Times New Roman, serif;">But Mumbai schools have expressed that it was difficult to meet this condition. DAV School, New Panvel, has been advertising for a special educator for the last two years, but did not find any qualified professionals. “We have been trying to hire a special educator since 2015. This year, we advertised twice but still did not get anyone good,” said Jayashree Khandekar, principal of the school. </span></div>
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<span style="font-family: Georgia, Times New Roman, serif;">Educators blamed it on the lack of courses available for special education. In Mumbai, only SNDT Women’s University, Churchgate and Juhu, offer a full course in special education, while few other private colleges offer short-term certificate courses. </span></div>
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<span style="font-family: Georgia, Times New Roman, serif;"><br /></span></div>
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<span style="font-family: Georgia, Times New Roman, serif;">There are barely 300 special educators in the state for more than 16 lakh children with learning disabilities, said Dr Harish Shetty, a psychiatrist who suggested that instead of mandatory appointments, the board can train regular teachers on basic remedial education. “This way, the existing faculty can be used for remediation, while authorised centres can carry out the tests,” he said. He said the human resource development ministry needed to start more courses on special education. </span></div>
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<span style="font-family: Georgia, Times New Roman, serif;"><br /></span></div>
<div style="text-align: justify;">
<span style="font-family: Georgia, Times New Roman, serif;">Some city schools are using counsellors in place of special educators or hiring them part-time. “We are unable to find full-time special educators, so our counsellor helps in remediation,” said Deepshika Srivastava. She added that although teachers have been sensitized in identifying students with learning disability, they could not pay individual attention to all because there were 40 to 50 students in each class.</span></div>
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<span style="font-family: Georgia, Times New Roman, serif;"><br /></span></div>
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<span style="font-family: Georgia, Times New Roman, serif;">Source: Hindustan Times- <a href="http://www.hindustantimes.com/mumbai-news/cbse-pulls-up-its-mumbai-schools-without-without-special-educators/story-D34wyIwemprTz3ERdvP7MJ.html" target="_blank">CBSE pulls up its Mumbai schools without special educators</a></span></div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-66521438509004907082017-06-23T19:20:00.000+05:302017-06-23T19:25:17.504+05:30DoPT Proposes to Revise Reservation Policy for Persons with Disabilities: seeks suggestions<div dir="ltr" style="text-align: left;" trbidi="on">
Dear colleagues,<br />
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Ever since the enactment of the Rights of Persons with Disabilities Act 2016, particularly after it was brought in to effect on 19th April, 2017, lot of concerns have been raised by the stakeholders, various High Courts and the Supreme Court of India as to how the existing policy framework will be tuned to the requirements of the new Act. The pace has been very slow warranting the <a href="http://disabilityrightsthroughcourts.blogspot.in/2017/04/supreme-court-of-india-asks-compliance.html" target="_blank">courts to issue directives</a>. </div>
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After the new Act, several new disabilities have been added in to the list who could now claim rights of reservations in jobs and reasonable accommodations for them to be able to perform jobs on an equal basis with others. The DoPT, which is cadre controlling authority for central civil services and other allied services has put out a notice dated 20 June 2017 seeking suggestions on the comprehensive memorandum on implementing reservations for persons with disabilities.</div>
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The notification and the draft memorandum on the subject are pasted below in accessible format for general information. It can also be directly accessed in PDF format from the link: <a href="http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36035_02_2017-Estt.Res.-20062017.pdf" target="_blank">Notification seeking suggestions dt 20.06.2017</a></div>
<br />
<div style="text-align: center;">
No.36035/02/2017-Estt (Res) </div>
<div style="text-align: center;">
Government of India </div>
<div style="text-align: center;">
Ministry of Personnel, Public Grievances & Pensions </div>
<div style="text-align: center;">
Department of Personnel & Training</div>
<div style="text-align: center;">
<br /></div>
<div style="text-align: right;">
North Block, New Delhi</div>
<div style="text-align: right;">
Dated : 20.06.2017</div>
<br />
<div style="text-align: center;">
<b>OFFICE MEMORANDUM</b></div>
<br />
<b>Sub: Reservation for Persons with Benchmark Disabilities – Suggestions; if any, from all concerned including general public.</b><br />
<br />
The undersigned is directed to enclose a copy of draft instructions bringing them in line with THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016' with regard to reservation for Persons with Benchmark Disabilities in the posts/services Under the Central Government.<br />
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2. The issue of reservation in promotion for persons with Disabilities is sub-judice in various cases in the Hon’ble Supreme Court including Civil Appeal No.1567/2017 titled Siddaraju Vs State of. Karnataka & Ors and Review Petition (C) No.36/2017 tagged with it.<br />
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3.It is requested that the draft instructions may be examined and suggestions, if any, may be sent to this Department within 15 days of the issue of this Office Memorandum through e-mail only at q.sreenivasannic.in and debabrata.d13nic.in<br />
<br />
<div style="text-align: right;">
(Raju Sarawat)</div>
<div style="text-align: right;">
Under Secretary to the Govt.of India.</div>
<div style="text-align: right;">
Tel No : 011-23040279</div>
<div style="text-align: right;">
011-23093074</div>
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---------------------</div>
<br />
<div style="text-align: center;">
No.36035/02/2017-Estt (Res) </div>
<div style="text-align: center;">
GOVERNMENT OF INDIA </div>
<div style="text-align: center;">
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS </div>
<div style="text-align: center;">
DEPARTMENT OF PERSONNEL & TRAINING</div>
<br />
<div style="text-align: right;">
North Block, New Delhi</div>
<div style="text-align: right;">
Dated the June,2017</div>
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<div style="text-align: center;">
<b>DRAFT OFFICE MEMORANDUM</b></div>
<br />
Subject: <b>Reservation for the Persons with Benchmark Disabilities – reg.</b><br />
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With the notification of ‘THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016’ on 28th December, 2016, which took effect from 19th day of April, 2017, the following instructions are issued in line with the provisions made in this Act regarding reservation for Persons with Benchmark Disabilities in the posts/services of the Central Government. Notwithstanding anything contained in the earlier instructions issued so far on the subject, the following instructions shall prevail in case of any contradiction with previous instructions issued so far.</div>
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<b>2. QUANTUM OF RESERVATION</b></div>
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(i) In case of direct recruitment, four per cent of the total number of vacancies in the cadre strength in each group of posts i.e A, B, C and D shall be reserved for persons with benchmark disabilities of which, one per cent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent, for persons with benchmark disabilities under clauses (d) to (e), namely:-</div>
<ul style="text-align: left;">
<li style="text-align: justify;">blindness and low vision;</li>
<li style="text-align: justify;">deaf and hard of hearing;</li>
<li style="text-align: justify;">locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attacks victims and muscular dystrophy;</li>
<li style="text-align: justify;">autism, intellectual disability, specific learning disability and mental illness;</li>
<li style="text-align: justify;">multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness, </li>
</ul>
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in the posts identified for each disabilities.</div>
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(ii) In case of promotion, four per cent of total number of vacancies in the cadre strength in each group of posts i.e Group D and C posts, in which the element of direct recruitment if any, does not exceed 75%, shall be reserved for Persons with Benchmark Disabilities of which one per cent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent, for persons with benchmark disabilities under clauses (d) to (e), namely:-</div>
<br />
<ul style="text-align: left;">
<li style="text-align: justify;">blindness and low vision;</li>
<li style="text-align: justify;">deaf and hard of hearing;</li>
<li style="text-align: justify;">locomotor disability including cerebral palsy, leprosy cured,dwarfism, acid attacks victims and muscular dystrophy;</li>
<li style="text-align: justify;">autism, intellectual disability, specific learning disability and mental illness;</li>
<li style="text-align: justify;">multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness,</li>
</ul>
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in the posts identified for each disabilities.</div>
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<b>3. EXEMPTION FROM RESERVATION:</b></div>
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If any Department/Ministry in the Central Government considers it necessary to exempt any establishment partly or fully from the provisions of reservation for persons with benchmark disabilities, it shall make a reference to the Department of Empowerment of Persons with Disabilities giving full justification for the proposal, who having regard to the type of work carried out in any Government establishment by notification and subject to such condition, if any, as may be specified in the notification, in consultation with the Chief Commissioner of Persons with Disabilities (CCPD) may exempt any Establishment from the provisions of reservation for persons with benchmark disabilities.</div>
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<b>4. IDENTIFICATION OF JOBS /POSTS:</b> The Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment have identified the jobs/posts suitable to be held by persons with benchmark disabilities and the physical requirement for all such jobs/posts vide their Notification No.16-15/2010-DD-III dated 29th July, 2013. The jobs /posts given in Annexure C of the said notification to be amended from time to time shall be used to give effect to four per cent reservation to the persons with benchmark disabilities. It may, however, be noted that:</div>
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<br />
<ul style="text-align: left;">
<li>The nomenclature used for any job/ post shall mean and include nomenclature used for other comparable jobs/posts having identical functions.</li>
<li>The list of jobs/posts notified by the Department of Empowerment of. Persons with Disabilities is not exhaustive. The concerned Ministries/ Departments shall have the discretion to identify jobs / posts in addition to the jobs/ posts already identified by Department of Empowerment of Persons with -Disabilities. However, no Ministry/Department/Establishment shall exclude any identified job/post from the purview of reservation at its own discretion.</li>
<li>If a job/ post identified for persons with benchmark disabilities is shifted from one group or grade to another group or grade due to change in the pay-scale or otherwise, the job/ post shall remain identified.</li>
</ul>
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<b>5. RESERVATION IN POSTS IDENTIFIED FOR ONE OR TWO OR MORE CATEGORIES:</b><br />
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If a post is identified suitable only for one category of benchmark disability, reservation in that post shall be given to that category of persons with that benchmark disability only. Reservation of 4% shall not be reduced in such cases and total reservation in the post will be given to persons suffering from that benchmark disability for which it has been identified. Likewise in case the post is identified suitable for two or more categories of benchmark disabilities, —reservation shall be distributed between persons with those categories of benchmark disabilities equally, as far as possible. It shall, however, be ensured that reservation in different posts in the establishment is distributed in such a way that the persons of all categories of benchmark disabilities, as far as possible, get representation to the posts identified for them.<br />
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<b>6. APPOINTMENT AGAINST UNRESERVED VACANCIES:</b><br />
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In the posts which are identified suitable for persons with disabilities, a person with disability cannot be denied the right to compete for appointment against an unreserved vacancy, Thus a person with disability can be appointed against an unreserved vacancy, provided the post is identified suitable for persons with disability of the relevant category.</div>
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<b>7. ADJUSTMENT OF CANDIDATES SELECTED ON THEIR OWN MERIT:</b></div>
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In the posts which are identified suitable for persons with benchmark disabilities, a person with benchmark disability cannot be denied the right to compete for appointment against an unreserved vacancy. Thus a person with benchmark disability can be appointed against an unreserved vacancy, provided the post is identified suitable for persons with benchmark disability of the relevant category.</div>
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Persons with benchmark disabilities selected on their own merit without relaxed standards along with other candidates, will not be adjusted against the reserved share of vacancies. The reserved vacancies will be filled up separately from amongst the eligible candidates with benchmark disabilities which will thus comprise persons with benchmark disability candidates who are lower in merit than the last candidate in merit list but otherwise found suitable for appointment, if necessary, by relaxed standards. It will apply in case of direct recruitment as well as promotion, wherever reservation for persons with benchmark disabilities is admissible.</div>
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<b>8. SPECIFIED DISABILITY:</b><br />
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Following are the specified disabilities for the purpose of applicability of reservation for Persons with Benchmark Disabilities:</div>
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<b>1. Physical disability</b>:-</div>
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<b>A. Visual impairment-</b></div>
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(a) “blindness” means a condition where a person has any of the following conditions, after best correction-</div>
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(i) total absence of sight; or</div>
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(ii) visual acuity le.ss than 3/60 or less than 10/200 (Suellen} in the better eye with best possible correction; or</div>
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(iii) limitation of the field of vision subtending an angle of less than 10 degree,</div>
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(b) “low-vision” means a condition where a person has any of the following conditions, namely:-</div>
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(i) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto 10/200 (Snellen) in the better eye with best possible corrections; or</div>
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(ii) limitation of the field of vision subtending an angle of less than 40 degree up to 10 degree.</div>
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<b>B. Hearing impairment</b>-</div>
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<ul style="text-align: left;">
<li style="text-align: justify;">“deaf” means persons having 70 DB hearing loss in speech frequencies in both ears;</li>
<li style="text-align: justify;">“hard of hearing” means person having 60 DB to 70 DB hearing loss in speech frequencies in both ears;</li>
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<b>C. Locomotor disability </b>(a person’s inability to execute distinctive activities associated with movement of self and objects resulting from affliction of musculoskeletal or nervous system or both), including-</div>
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(a) “leprosy cured person” means a person who has been cured of leprosy but is suffering from-</div>
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(i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;</div>
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(ii) manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity;</div>
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(iii) extreme physical deformity as well as advanced age which prevents him/her from undertaking any gainful occupation,and the expression “leprosy cured” shall construed accordingly;</div>
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(b) “cerebral palsy” means a Group of non-progressive neurological condition affecting body movements and muscle coordination, caused by damage to one or more specific areas of the brain, usually occurring before, during or shortly after birth;</div>
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(c) “dwarfism” means a medical or genetic condition resulting in an adult height of 4 feet 10 inches (147 centimeters) or less;</div>
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(d) “muscular dystrophy” means a group of hereditary genetic muscle disease that weakens the muscles that move the human body and persons with multiple dystrophy have incorrect and missing information in their genes, which prevents them from making the proteins they need for healthy muscles. It is characterised by progressive skeletal muscle weakness, defects in muscle proteins, and the death of muscle cells and tissue;</div>
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(e) “acid attack victims” means a person disfigured due to violent assaults by throwing of acid or similar corrosive substance.</div>
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<b>D. Intellectual disability,</b> a condition characterised by significant limitation both in intellectual functioning (rasoning, learning, problem solving) and in adaptive behaviour which covers a range of every day, social and practical skills, including-</div>
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(a) “specific learning disabilities” means a heterogeneous group of conditions wherein there is a deficit in processing language, spoken or written, that may manifest itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical calculations and includes such conditions as perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental aphasia;</div>
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(b)”autism spectrum disorder” means a neuro-developmental condition typically appearing in the first three years of life that significantly affects a person’s ability to communicate, understand relationships and relate to others, and is frequently associated with unusual or stereotypical rituals or behaviours.</div>
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<b>Mental behaviour-</b></div>
<span style="text-align: justify;">“mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment,behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, but does not include retardation which is a condition of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence.</span><br />
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<b>E. Multiple Disabilities</b> (more than one of the above specified disabilities) including deaf blindness which means a condition in which a person may have combination of hearing and visual impairments causing severe communication, developmental, and educational problems.</div>
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<b>9. DEGREE OF DISABILITY FOR RESERVATION:</b> Only “person with benchmark disability” would be eligible for reservation in posts/services with not less than forty per cent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority. A person who wants to avail of benefit of reservation will have to submit a Disability Certificate issued by a Competent Authority.</div>
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<b>10. Application for disability certificate</b></div>
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(1) Any person with specified disability may apply in FORM–I for a disability certificate either online through Unique Disability Identity Portal (www.swavlambancard.gov.in) or submit the physical application to –</div>
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(a) a medical authority or any other notified competent authority to issue such a certificate in the district of the applicant’s residence as mentioned in the proof of residence in the application; or</div>
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(b) the concerned medical authority in a government hospital where he may be undergoing or may have undergone treatment in connection with his disability:</div>
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Provided that where a person with disability is a minor or suffering from intellectual disability or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his legal guardian.</div>
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(2) The application shall be accompanied by-</div>
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<ul style="text-align: left;">
<li style="text-align: justify;">proof of residence;</li>
<li style="text-align: justify;">two recent passport size photographs; and</li>
<li style="text-align: justify;">aadhar number or aadhar enrolment number, if any</li>
<li style="text-align: justify;">No other proof of residence shall be required from the applicant who has aadhar enrolment number.</li>
</ul>
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<b>11. Issue of disability certificate</b></div>
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(i) On receipt of an online application as mentioned above, the medical authority shall, verify the information as provided by the applicant and shall assess the disability in terms of the relevant guidelines issued by the Central Government and after satisfying himself that the applicant is a person with disability, issue a disability certificate in his favour through the UDID portal.</div>
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Provided that the State Governments or UT Administration shall continue to issue certificate of disability manually for a period of six months.</div>
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(ii)For applications other than online mode, the medical authority shall ensure that application is converted to the online mode and shall follow the same procedure as mentioned above for issuing of disability certificate.</div>
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(iii) The disability certificate shall be issued within a month from the date of receipt of the application by the medical authority.</div>
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(iv) The medical authority shall, after due examination –</div>
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(a) Issue a permanent disability certificate in cases where there are no chances of variation over time in the degree of disability; or</div>
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(b) give a temporary disability certificate and indicate the period of validity in the certificate, in cases where there is any chance of variation over time in the degree of disability.</div>
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(v) If an applicant is found ineligible for issue of disability certificate, the medical authority shall convey the reasons to him in writing under FORM–II within a period of one month from the date of receipt of the application.</div>
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12. At the time of initial appointment and promotion against a vacancy reserved for persons with benchmark disabilities, the appointing authority shall ensure that the candidate is eligible to get the benefit of reservation.</div>
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<b>13. COMPUTATION OF RESERVATION:</b><br />
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Reservation for persons with benchmark disabilities in case of Group C and Group D posts shall- be computed on the basis of total number of vacancies occurring in all Group C or Group D posts, as the case may be, in the establishment, although the recruitment of the persons with disabilities would only be in the posts identified suitable for them. The number of vacancies to be reserved for the persons with disabilities in case of direct recruitment to Group ‘C’ posts in an establishment shall be computed by taking into account the total number of vacancies arising in Group ‘C’ posts for being filled by direct recruitment in a recruitment year both in the identified and non-identified posts under the establishment. The same procedure shall apply for Group ‘D` posts. Similarly, all vacancies in promotion quota shall be taken into account while computing reservation in promotion in Group ‘C’ and Group ‘D’ posts. Since reservation is limited to identified posts only and number of vacancies reserved is computed on the basis of total vacancies (in identified posts as well as unidentified posts), it is possible that number of persons appointed by reservation in an identified post may exceed four per cent.</div>
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14. Reservation for persons with benchmark disabilities in Group ‘A’ or Group ‘B’ posts shall be computed on the basis of total number of vacancies occurring in direct recruitment quota in the cadre in all the Group A posts or Group ‘B’ posts respectively, and the computation of total vacancies shall include vacancies arising in the identified and non-identified posts.</div>
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<b>15 EFFECTING RESERVATION – MAINTENANCE OF ROSTERS:</b><br />
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(a) Every Government establishment shall maintain separate 100 point vacancy based reservation roster registers in the format given in Annexure A for determining/effecting reservation for the Persons with Benchmark Disabilities – one each for Group ‘A’ posts filled by direct recruitment, Group ‘B’ posts filled by direct recruitment, Group ‘C’ posts filled by direct recruitment, Group ‘C’ posts filled by promotion, Group ‘D’ posts filled by direct recruitment and Group ‘D’ posts filled by promotion.</div>
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(b) Each register shall have cycles of 100 points and each cycle of 100 points shall be divided into four blocks, comprising the following points:</div>
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<div style="text-align: justify;">
1st Block – point No.1 to point No.25</div>
<div style="text-align: justify;">
2nd Block – point No. 26 to point No.50</div>
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3rd Block – point No.51 to point No. 75</div>
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4th Block – point No.76 to point No.100</div>
</blockquote>
<div style="text-align: justify;">
(c) Points 1, 26, 51. and 76 of the roster shall be earmarked reserved for persons with benchmark disabilities – one point for each of the four categories of disabilities. The Head of the establishment shall ensure that vacancies identified at SI. No.1, 26, 51 and 76 are earmarked for the respective categories of the persons with benchmark disabilities. However, the Head of the establishment shall decide the placement of the selected candidate in the roster register.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(d) All the vacancies in Group C posts falling in direct recruitment quota arising in the establishment shall be entered in the relevant roster register. If the vacancy falling at point no. 1 is not identified for the Person with Benchmark Disability or the Head of the establishment considers it desirable not to fill it up by Persons with Benchmark Disabilities a disabled person or it is not possible to fill up that post by the Persons with Benchmark Disabilities for any other reason, one of the vacancies falling at any of the points from 2 to 25 shall be treated as reserved for the disabled and filled as such.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
Likewise, a vacancy falling at any of the points from 26 to 50 or from 51 to 75 or from 76 to 100 shall have to be filled by the Persons with Benchmark Disabilities. The purpose of keeping points 1, 26, 51 and 76 as reserved is to fill up the first available suitable vacancy from 1 to 25, first available suitable vacancy from 26 to 50, first available suitable vacancy from 51 to 75 and first available suitable vacancy from 76 to 100 by persons with benchmark disabilities.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(e)There is a possibility that none of the vacancies from 1 to 25 is suitable for any category of the Person with Disability. In that case two vacancies from 26 to 50 shall be filled as reserved for persons with disabilities. If the vacancies from 26 to 50 are also not suitable for any category, three vacancies shall be filled as reserved from the third block containing points from 51 to 75. This means that if no vacancy can be reserved in a particular block, it shall be carried over into the next block</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(f)After all the 100 points of the roster are covered, a fresh cycle of 100 points shall start.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(g) If the number of vacancies in a year is such as to cover only one block (say 25 vacancies) or two (say 50 vacancies), the category of the disabled should be accommodated as per the roster points. However, in case the said vacancy is not identified for the respective category, the Head of the establishment shall decide the category on the basis of the nature of the post, the level of representation of the specific disabled category in the concerned grade/post etc.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(h)A separate roster shall be maintained for group C posts – one for the posts filled by direct recruitment and another for posts filled by promotion. Likewise, two separate rosters shall be maintained for Group D posts.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(I) Reservation for persons with disabilities in Group ‘A’ or Group ‘B’ posts shall be computed on the basis of total number of vacancies occurring in direct recruitment quota in all the Group ‘A’ posts or Group ‘B’ posts respectively, and the computation of total vacancies shall include vacancies arising in the identified and non-identified posts in the cadre. Separate rosters for Group ‘A’ posts and Group ‘B’ posts in the establishment shall be maintained.”</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>16. INTER SE EXCHANGE AND CARRY FORWARD OF RESERVATION IN CASE OF DIRECT RECRUITMENT:</b></div>
<div style="text-align: justify;">
<b><br /></b></div>
<div style="text-align: justify;">
(a) Reservation for each of the categories of persons with benchmark disabilities identified for reservation shall be made separately. If the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the categories identified for reservation. However, the Head of the establishment shall ensure that the reasons for interchange may be recorded in writing before effecting the same.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(b)Where tn any recruitment year any vacancy cannot be filled up due to non availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the identified categories for reservation purpose and only when there is no person with disability available for the post in that year, the ’employer shall fill up the vacancy by appointment of a person, other than a person with disability. The Government establishment shall interchange vacancies only if due process of recruitment to fill up the vacancies meant for persons with benchmark disabilities has been complied with.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(c) If any vacancy reserved for any category of benchmark disability cannot be filled due to non-availability of a suitable person with that benchmark disability or, for any other sufficient reason, such vacancy shall be carried forward as a ‘backlog reserved vacancy’ to the subsequent recruitment year.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
In the subsequent recruitment year the ‘backlog reserved vacancy’ shall be treated as reserved for the category of disability for which it was kept reserved in the initial year of recruitment. However, if a suitable person with that benchmark disability is not available, it may be filled by interchange among the categories of benchmark disabilities identified for reservation. In case no suitable person with benchmark disability is available for filling up the vacancy in the succeeding year also, the employer may fill up the vacancy by a person other than a person with benchmark disability. If the vacancy is filled by a person with benchmark disability of the category for which it was reserved or by a person of other category of benchmark disability by inter se exchange in the subsequent recruitment year, it will be treated to have been filled by reservation. But if the vacancy is filled by a person other than a person with benchmark disability in the subsequent recruitment year, reservation shall be carried forward for a further period upto two recruitment years whereafter the reservation shall lapse. In these two subsequent years, if situation so arises, the procedure for filling up the reserved vacancy shall be the same as followed in the first subsequent recruitment year.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
17. In order to ensure that cases of lapse of reservation are kept to the minimum, any recruitment of the disabled candidates shall first be counted against the additional quota brought forward from previous years, if any, in their chronological order. If candidates are not available for all the vacancies, the older carried forward reservation would be filled first and the current vacancies would be carried forward if not filled up.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>18. CONSIDERATION ZONE, INTERSE EXCHANGE AND CARRY FORWARD OF RESERVATION IN CASE OF PROMOTION</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(a) While filling up the reserved vacancies in Group C or Group D by promotion by selection, if any, the candidates with benchmark disabilities, who are within the normal zone of consideration, shall be considered for promotion. Where adequate numbers of the candidates with benchmark disabilities of the appropriate category of disability are not available within the normal zone, the zone of consideration may be extended to five times the number of vacancies and the candidates with Benchmark disabilities falling within the extended zone may be considered. In the event of non-availability of candidates even in the extended zone, the reservation can be exchanged so that vacancy can be filled by a person with other category of benchmark disability, if possible. If it is not possible to fill up the post by reservation, the vacancy in the post may be filled by a person other than a Person with Benchmark disability and the reservation shall be carried forward for upto three subsequent recruitment years, whereafter it shall lapse.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(b) In posts filled by promotion by non-selection in Group C or Group D, the eligible candidates with benchmark disabilities shall be considered for promotion against the reserved vacancies and in case no eligible candidate of the appropriate category of disability is available, the vacancy can be exchanged with other categories of benchmark disabilities identified for it. If it is not possible to fill up the post by reservation even by exchange, the reservation shall be carried forward for upto three subsequent recruitment years, whereafter it shall lapse.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>19. HORIZONTALITY OF RESERVATION FOR PERSONS WITH BENCHMARK DISABILITIES:</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
Reservation for backward classes of citizens (SCs, STs and OBCs) is called vertical reservation and the reservation for categories such as persons with benchmark disabilities and ex-servicemen is called horizontal reservation. Horizontal reservation cuts across vertical reservation (in what is called interlocking reservation) and persons selected against the quota for persons with benchmark disabilities have to be placed in the appropriate category viz. SC/ST/OBC/General candidates depending upon the category to which they belong in the roster meant for reservation of SCs/STs/OBCs. To illustrate, if in a given year there are two vacancies reserved for the persons with benchmark disabilities and out of two persons with benchmark disabilities appointed, one belongs to a Scheduled Caste and the other to general category, then the benchmark disabilities SC candidate shall be adjusted against the SC point in the reservation roster and the general candidate with benchmark disability against unreserved point in the relevant reservation roster. In case none of the vacancies falls on point reserved for the SCs, the benchmark disability candidate belonging to SC shall be adjusted in future against the next available vacancy reserved for SCs.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
20. Since the persons with benchmark disabilities have to be placed in the appropriate category viz. SC/ST/OBC/General in the roster meant for reservation of SCs/STs/OBCs, the application form for the post should require the candidates applying under the quota reserved for persons with benchmark disabilities to indicate whether they belong to SC/ST/OBC or General category.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>21. RELAXATION IN AGE LIMIT:</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(i) Upper age limit for persons with benchmark disabilities shall be relaxable (a) by ten years (15 years for SCs/STs and 13 years for OBCs) in case of direct recruitment to Group ‘C’ and Group ‘D’ posts; (b) by 5 years (10 years for SCs/STs and 8 years for OBCs) in case of direct recruitment to Group ‘A’ and Group ‘B’ posts where recruitment is made otherwise than through open competitive examination; and (c) by 10 years (15 years for SCs/STs and 13 years for OBCs) in case of direct recruitment to Group A and Group B posts through open competitive examination.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(ii) Relaxation in age limit shall be applicable irrespective of the fact whether the post is reserved or not, provided the post is identified suitable for persons with benchmark disabilities.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>22. RELAXATION OF STANDARD OF SUITABILITY:</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
If sufficient number of person with benchmark disabilities candidates is not available on the basis of the general standard to fill all the vacancies reserved for them, candidates belonging to this category may be selected on relaxed standard to fill up the remaining vacancies reserved for them provided they are not found unfit for such post or posts. Thus, to the extent the number of vacancies reserved for persons with benchmark disabilities cannot be filled on the basis of general standards, candidates belonging to this category may be taken by relaxing the standards to make up the deficiency in the reserved quota subject, to the fitness of these candidates for appointment to the post/posts in question.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>23. MEDICAL EXAMINATION:</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
As per Rule 10 of the Fundamental Rules, every new entrant to Government Service on initial appointment is required to produce a medical certificate of fitness issued by a competent authority. In case of medical examination of a person with benchmark disabilities for appointment to a post identified as suitable to be held by a person suffering from a particular kind of disability, the concerned Medical Officer or Board shall be informed beforehand that the post is identified suitable to be held by persons with benchmark disabilities of the relevant category and the candidate shall then be examined medically keeping this fact in view.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>24. EXEMPTION FROM PAYMENT OF EXAMINATION FEE AND APPLICATION FEE:</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
Persons with benchmark disabilities shall be exempted from payment of application fee and examination fee, prescribed in respect of competitive examinations held by the Staff Selection Commission, the Union Public Service Commission etc. for recruitment to various posts. This exemption shall be available only to such persons who would otherwise be eligible for appointment to the post on the basis of standards of medical fitness prescribed for that post (including any concession specifically extended to the persons with benchmark disabilities) and who enclose disability certificate from a competent authority with the application form in support of their claim of disability.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>25. NOTICE OF VACANCIES:</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
In order to ensure that persons with benchmark disabilities get a fair opportunity in consideration for appointment to a vacancy in an identified post, the following points shall be kept in view while sending the requisition notice to the SSC, the UPSC etc. and while advertising the vacancies:-</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(i) Number of vacancies reserved for SC/ST/OBC/Ex-servicemen/Persons with Benchmark Disabilities should be indicated clearly. As regards Persons with Benchmark Disabilities, the vacancies shall be further reported separately for the following four categories of benchmark disabilities.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<u>First category</u></div>
<br />
<ul style="text-align: left;">
<li style="text-align: justify;">blindness and low vision;</li>
</ul>
<br />
<div style="text-align: justify;">
<u>Second category.</u></div>
<br />
<ul style="text-align: left;">
<li style="text-align: justify;">deaf and hard of hearing;</li>
</ul>
<br />
<div style="text-align: justify;">
<u>Third category</u></div>
<div style="text-align: justify;">
<br /></div>
<br />
<ul style="text-align: left;">
<li style="text-align: justify;">locomotor disability including cerebral palsy, leprosy cured,</li>
<li style="text-align: justify;">dwarfism, acid attacks victims and muscular dystrophy;</li>
</ul>
<br />
<div style="text-align: justify;">
<u>Fourth category</u></div>
<div style="text-align: justify;">
<br /></div>
<br />
<ul style="text-align: left;">
<li style="text-align: justify;">autism, intellectual disability, specific learning disability and mental illness;</li>
<li style="text-align: justify;">multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness,</li>
</ul>
<br />
<div style="text-align: justify;">
in the posts identified for each disabilities.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(ii) In case of vacancies in posts identified suitable to be held by persons with benchmark disabilities, it shall be indicated that the post is identified for: –</div>
<div style="text-align: justify;">
<br /></div>
<u>First category</u><br />
<br />
<ul style="text-align: left;">
<li>blindness and low vision;</li>
</ul>
<br />
<div style="text-align: justify;">
<u>Second category</u></div>
<br />
<ul style="text-align: left;">
<li style="text-align: justify;">deaf and hard of hearing;</li>
</ul>
<br />
<div style="text-align: justify;">
<u>Third category</u></div>
<br />
<ul style="text-align: left;">
<li style="text-align: justify;">locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attacks victims and muscular dystrophy;</li>
</ul>
<br />
<div style="text-align: justify;">
<u>Fourth category</u></div>
<br />
<ul style="text-align: left;">
<li style="text-align: justify;">autism, intellectual disability, specific learning disability and mental illness;</li>
<li style="text-align: justify;">multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness,</li>
</ul>
<br />
<div style="text-align: justify;">
in the posts identified for each disabilities, as the case may be, and that the persons with benchmark disabilities belonging to the category/categories for which the vacancy in the post is identified shall be allowed to apply even if no vacancies are reserved for them. Such candidates will be considered for selection for appointment to the post by general standards of merit, if the post identified suitable for them.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(iii) In case of vacancies in posts identified suitable for persons with benchmark disabilities, irrespective of whether any vacancies are reserved or not, the categories of disabilities viz</div>
<br />
<ul style="text-align: left;">
<li style="text-align: justify;">blindness and low vision;</li>
<li style="text-align: justify;">deaf and hard of hearing;</li>
<li style="text-align: justify;">locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attacks victims and muscular dystrophy;</li>
<li style="text-align: justify;">autism, intellectual disability, specific learning disability and mental illness;</li>
<li style="text-align: justify;">multiple disability from amongst persons under clauses (a) to (d) including deaf-blindness,</li>
</ul>
<br />
<div style="text-align: justify;">
for which the post is identified suitable alongwith functional classification and physical requirements for performing the duties attached to the post shall be indicated clearly.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(iv) It shall also be indicated that the above-mentioned four categories of persons with benchmark disabilities shall alone be eligible for the benefit of reservation under the category of persons with benchmark disabilities. Persons with benchmark disabilities means a person with not less than forty percent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>26. Notification of vacancies to the Special Employment Exchange:–</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(i) The following vacancies shall be notified by the establishments to the special employment exchange namely:-</div>
<blockquote class="tr_bq">
<div style="text-align: justify;">
(a) vacancies in posts of a technical and scientific nature carrying a basic pay in Level 6 or more per month occurring in Central Government establishments; and</div>
<div style="text-align: justify;">
(b) vacancies which the employer of the Central Government establishment may circulate to the special employment exchange outside the State or Union territory in which the establishment is situated, as may be notified in the Official Gazette.</div>
</blockquote>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(ii) The Government establishment shall send the copy of the notification of vacancies to the concerned Vocational Rehabilitation Centre for persons with disabilities.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(iii) The vacancies other than those specified in sub-rule (1) shall be notified to the local special employment exchange concerned and the Government establishment shall send a copy of the notification of vacancies to the concerned Vocational Rehabilitation Centre for persons with disabilities.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>27. Form and manner of notification of vacancies to the Special Employment Exchange:-</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(1) The Government establishment shall notify the vacancies in writing to the concerned special employment exchange, and furnish the following particulars in respect of each type of vacancy, namely:-</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(a) Name and address of the employer;</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(b) Telephone number of the employer;</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(c) Nature of vacancy, namely;-</div>
<div style="text-align: justify;">
<br /></div>
<blockquote class="tr_bq">
<div style="text-align: justify;">
(i) Designation of workers required;</div>
<div style="text-align: justify;">
(ii) Description of duties</div>
<div style="text-align: justify;">
(iii) Physical requirements for the job, namely, visual accuracy, frequent movement or walking, continuous long hours sitting and other physical requirements;</div>
<div style="text-align: justify;">
(iv) Qualification requirements, namely:-</div>
</blockquote>
<blockquote class="tr_bq">
<blockquote class="tr_bq" style="text-align: justify;">
i. essential;</blockquote>
<blockquote style="text-align: justify;">
ii. desirable;</blockquote>
</blockquote>
<blockquote class="tr_bq">
<div style="text-align: justify;">
(v) Age limit, if any;</div>
<div style="text-align: justify;">
(vi) Whether women are eligible?</div>
</blockquote>
<div style="text-align: justify;">
(d) number of vacancies reserved for persons with disabilities, that is, persons with physical, visual, hearing, intellectual and mental illness-</div>
<blockquote class="tr_bq">
<div style="text-align: justify;">
(i) regular;</div>
<div style="text-align: justify;">
(ii) temporary;</div>
</blockquote>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(e) pay and allowances;</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(f) place of work, that is, name of town and village and district in which it is situated;</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(g) probable date by which the vacancy will be filled;</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(h) particulars regarding interview/test of applicants, namely;-</div>
<blockquote class="tr_bq">
<div style="text-align: justify;">
(i) date of interview or test;</div>
<div style="text-align: justify;">
(ii) time of interview or test;</div>
<div style="text-align: justify;">
(iii) place of interview or test;</div>
<div style="text-align: justify;">
(iv) designation and address of the person to whom applicants should report;</div>
<div style="text-align: justify;">
(v) any other relevant information,</div>
</blockquote>
<div style="text-align: justify;">
(2) The appropriate Government shall re-notify the vacancies to the concerned special employment exchange, if there is any change in the particulars already furnished to the special employment exchange and vocational rehabilitation centre for persons with disabilities under this rules.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>28. Time limit for the notification of vacancies:–</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(i) The vacancies, required to be notified to the local special employment exchange, shall be notified at least thirty days before the date on which the applicants are to be interviewed or tested, where interview or test held, or the date on which vacancies are intended to be filled, if no interview or test is held.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(ii) An employer of the Government establishment shall furnish to the concerned special employment exchange, the result of the selection within fifteen days from the date of selection.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>29. Submission of Returns:–</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(i) An employer of the Government establishment shall furnish to the local special employment exchange returns once in every three months in Form PDER-I and once in every two months in Form PDER- II.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(ii) The return shall be furnished within thirty days of the respective dates that is, 31st March, 30th June, 30th September and 31st December.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(iii)The two months return shall be furnished within thirty days of the due date as may be notified by the appropriate Government in the Official</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>30. Form in which record to kept by en employer:–</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
Every employer of the Government establishment shall maintain the record of employees with disabilities in Form PDER III.</div>
<br />
<b>31.CERTIFICATE BY REQUISITIONING AUTHORITY:</b><br />
<br />
<div style="text-align: justify;">
In order to ensure proper implementation of the provisions of reservation for persons with benchmark disabilities, the requisitioning authority while sending the requisition to the UPSC, SSC etc. for filling up of posts shall furnish the following certificate to the recruiting agency:-</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
“It is certified that the requirements of the THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016′ on 28th December, 2016, which took effect from 19th day of April, 2017 and the policy relating to reservation for persons with benchmark disabilities has been taken care of while sending this requisition. The vacancies reported in this requisition fall at points no of cycle no of 100 point reservation roster out of which number of vacancies are reserved for persons with benchmark disabilities.”</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
<b>32. ANNUAL REPORTS REGARDING REPRESENTATION OF PERSONS WITH BENCHMARK DISABILITIES:</b></div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(i) The Ministries/Departments shall continue to upload data on representation of Persons with Benchmark Disabilities along with data on SCs, STs, OBCs in respect of posts/services under the Central Government on the URL i.e, rrcps.nic.in as on 1st January of every year. All Ministries/Departments have been provided respective usercocle and password with guidelines for operating the URL.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(ii)Soon after the 1st January of every year, each appointing authority shall send on-line data relating to Persons with Disabilities along with SCs, STs and OBCs to its administrative Ministry/Department, which shall scrutinize the information received from all appointing authorities under it and upload the same on the URL. Ministry/Department shall consolidate information in respect of all attached and subordinate offices under its administrative control and submit the same through the URL to the Department of Personnel and Training immediately. The hardcopy of data uploaded on the URL need not to be sent to Department of Personnel and Training.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
(iii)The following points may be kept in view while uploading the data on the URL:-</div>
<blockquote class="tr_bq">
<div style="text-align: justify;">
(a) The data sent to the DOPT should not include information in respect of public sector undertakings, statutory, semi-Government and autonomous bodies. Statutory, semi-Government and autonomous bodies which shall furnish consolidated information to the administrative Ministry/Department concerned, who may scrutinize, monitor and maintain it at their own level.</div>
<div style="text-align: justify;">
(b) The attached/subordinate offices shall send data to their administrative Ministry/Department only through the URL and shall not send it directly to the DOPT.</div>
<div style="text-align: justify;">
(c)The figures in respect of Persons with benchmark Disabilities shall include persons appointed by reservation as well as appointed otherwise.</div>
<div style="text-align: justify;">
(d)The data relates to persons and not to posts. Therefore, while furnishing data, the posts lying vacant etc. should not be taken into Persons on deputation should be included in the establishment of the borrowing Ministry/Department/Office and not in the parent establishment. Persons permanent in one grade but officiating or holding temporary appointment in the higher grade shall be included in the figures relating to the Class of service to which the higher grade belongs.</div>
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<b>33. Grievance Redressal Mechanism:</b></div>
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(1) Every Government establishment shall appoint one or more Grievance Redressal Officer not below the rank of a Gazetted Officer:</div>
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Provided that where it is not possible to appoint any Gazetted Officer, an officer of reasonable seniority shall be appointed as a Grievance Redressal Officer.</div>
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(2)The grievance redressal officer shall maintain a register of complaints and soft copy specifically maintained for the purpose and separate page shall be allotted for each complaint.</div>
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(3)The grievance redressal officer shall record the following particulars in the register, namely:-</div>
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<li style="text-align: justify;">date of complaint;</li>
<li style="text-align: justify;">name of complainant;</li>
<li style="text-align: justify;">name of the person who is enquiring the complaint;</li>
<li style="text-align: justify;">place of incident;</li>
<li style="text-align: justify;">the name of the establishment or person against whom the complaint is made;</li>
<li style="text-align: justify;">gist of the complaint;</li>
<li style="text-align: justify;">any additional information;</li>
<li style="text-align: justify;">documentary evidence, if any;</li>
<li style="text-align: justify;">date of disposal of by the grievance redressal officer;</li>
<li style="text-align: justify;">details of disposal of the appeal by the district level committee; and</li>
<li style="text-align: justify;">any other information.</li>
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<b>34. LIAISON OFFICER FOR PERSONS WITH BENCHMARK DISABILITIES:</b></div>
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Liaison Officers appointed to look after reservation matters for SCs/STs shall also work as Liaison Officers for reservation matters relating to persons with benchmark disabilities and shall ensure compliance of these instructions.</div>
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35. All the Ministries/Departments are requested to bring the above instructions to the notice of all appointing authorities under their control.</div>
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Sd/-</div>
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(G. Srinivasan)</div>
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Deputy Secretary to the Govt. of India</div>
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Ph.No.23093074</div>
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(i) All Ministries/Departments of the Govt. Of India.<br />
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(ii) Department of Financial Service, Ministry of Finance, Jeevan Deep Building, Parliament Street, New Delhi.<br />
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(iii)Department of Public Enterprises, CGO Complex, Lodhi Road, New Delhi<br />
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(iv) Railway Board, Rail Bhavan, Delhi.<br />
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(v)Union Public Service Commission/Supreme Court of India/ Election Commission of India/ Lok Sabha Secretariat/ Rajya Sabha Secretariat/Cabinet Secretariat/Central Vigilance Commission/President’s Secretariat/ Prime Minister’s Office/Planning Commission.<br />
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(vi) Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.<br />
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(vii)Office of the Chief Commissioner for Disabilities, Sarojini House, 6, Bhagwan Das Road,New Delhi – 110001<br />
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(viii) Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.<br />
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(ix) All Officers and Sections in the Ministry of Personnel, Public Grievances and Pensions and all attached/subordinate offices of this Ministry.</div>
Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com1tag:blogger.com,1999:blog-4960386530086593276.post-26239917573522600442017-03-25T06:30:00.000+05:302018-03-14T22:43:14.551+05:30Disability Activists Slam Regressive Clause in New Act That Allows Discrimination<div dir="ltr" style="text-align: left;" trbidi="on">
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The contentious clause allows establishments to discriminate against persons with disabilities if there is a “legitimate aim”.</div>
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Gaurav Vivek Bhatnagar | The Wire | 24 March 2017</div>
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Even before it has been implemented, the Rights of Persons with Disabilities Bill, 2016, which was notified by the parliament in the winter session, has run into a major controversy with the primary stakeholders – persons with disabilities – questioning the clause that allows establishments to discriminate against them provided there is a “legitimate aim” and for taking the private sector out of the purview of the Act. Moreover, while the Centre had promised to address the issue while framing the rules under the Act, the same has not been reflected in the draft rules circulated earlier this month.</div>
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Asserting that this clause had no business to remain in the Act, the disability rights activists allege it was only introduced by the bureaucracy to keep a window for denying any rightful claim. With disability activists protesting against the subjective nature of this clause and two MPs of the CPI(M) in Rajya Sabha, K.K. Ragesh and C.P. Narayanan, moving amendments to notify the Rights of Persons with Disabilities (RPwD) Act, 2016, the minister for social justice and empowerment welfare, Thawar Chand Gehlot, had assured that necessary changes to the clause would be made through the rules to ensure that it was not misused against the persons with disabilities.</div>
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<b>Why have a regressive clause in an Act?</b></div>
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As disability rights activist and practicing doctor at the University College of Medical Sciences and Guru Tegh Bahadur Hospital, Delhi, Satendra Singh, said, “a major concern with regard to the RPwD Act is Clause 3 (3) which states that ‘No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim'”.</div>
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This clause, he said, gives unfettered power to the implementing agencies to discriminate against persons with disabilities as it leaves open the interpretation to the bureaucracy.</div>
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Singh recalled how in his own case he had to fight a four-year-long battle to unlock his own and 1,700 other posts after he was discriminated against, due to a similar regressive rule, on the ground of disability, even though he had cleared a central health services examination conducted by the Union Public Service Commission. “These things will continue to happen if this rule is not changed. It is ironical that some leading disability activists never highlighted this and were so adamant on passing this Bill,” he lamented.</div>
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<b>Draft rules ignored the contentious clause</b> </div>
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Noting that a committee was constituted to frame the rules and it had uploaded the draft rules on March 10 for seeking objections and suggestions after the same were approved by the legislative department of the Ministry of Law & Justice, Singh said what is bothersome is that the draft rules made no mention of the controversial clause. He also claimed that the government was in a hurry to make a big show of the rules by publishing them in the gazette on Ambedkar Jayanti on April 14 in order to show how much it cares. “But the question of discrimination remains as the ministry rules do not include anything circumventing 3.3 despite the assurance of the minister in parliament,” he said.</div>
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<b>‘Legitimate aim’ is not defined</b></div>
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Agreeing that the time to act was now, former chief commissioner for persons with disabilities (CCPD) P.K. Pincha, said the rules need to do away with the provision of Clause 3 (3). “In the first place, what constitutes “legitimate aim” has neither been defined in the Act nor has it been explained anywhere in the Act. This, therefore, means by necessary implication that what constitutes legitimate aims has been left to the collective interpretation of the bureaucracy. And this is where our apprehensions as persons with disabilities lie.”</div>
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He said there are judgments of the Supreme Court in various other cases where it has stated that reasonable classification is permissible. “If reasonable classification is permissible vide the rulings of the apex court then where was the need to put this rider; it was not necessary.”</div>
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However, Pincha, who was part of certain consultations held on the issue and organised by the All India Disability Alliance, insisted that “in the draft rules there is some provision to deal with Clause 3 (3); they are proposing something, but whether it is adequate or not is another thing.”</div>
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Though not absolutely clear how the issue would be addressed, he said, “They have probably said that if there is an act or omission which any authority intends to resort to then they would have to first refer it to the chief commissioner or something to that effect.”</div>
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<b>Representation of persons with disabilities a must as per UN charter</b></div>
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Pincha demanded that “there should be representation of persons with disabilities also in deciding if a particular act or omission was permissible or not because the UN convention on the rights of persons with disabilities, with which this law is sought to be made compatible, explicitly mandates that you cannot take a decision which affects the lives of persons with disabilities without consulting their representative organisations. So consultation with the primary stakeholders is indispensable.”</div>
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Noted disability rights advocate Subhash Chandra Vashishth is concerned that while the Act has become a “fait accompli”, since it was notified on December 28, even the draft rules do not address the concerns about the discriminatory clause explicitly.</div>
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<b>All cases should be heard by CCPD and 11-member panel</b></div>
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“I suggest that some kind of mechanism should be devised which states that whenever such an issue of discretion arises then both the person seeking employment and the employer should be heard by a nodal authority comprising the chief commissioner of persons with disabilities, of the Centre or the state as the case may be, along with the 11 member advisory committee which the Act provides. Otherwise, if you would leave it only to the commissioners, who are usually bureaucrats and picked by the government, they may speak the language of the government,” he pointed out.</div>
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Seeking repealing of the contentious clause, he said while an amendment would require going through the whole parliamentary process, the rules can be changed accordingly till the time that happens.</div>
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<b>Private sector left out of purview of Act</b></div>
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“At least in the rules they should make the necessary changes. They want to issue the rules on Ambedkar Jayanti on April 14. But in the week after the last day for inviting the suggestions on April 6, it is unlikely that much change would happen. Also, this draft has come after the law ministry had screened the earlier draft and had removed the areas where private establishments were concerned and many other areas,” said Vashishth.</div>
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Similarly, he said, while the equal opportunity policy was there for all the establishments under the law, the rules only call upon the government establishments to implement it. They are silent on the role to be played by the private establishments.</div>
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Within the Act, the establishments have been defined as government establishments and just establishments. But the rule has not legislated anything on private employers. But now the rules are silent on that. So now when the law would be implemented on April 14, it would not be applicable to private employers.</div>
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The lawyer-activist also pointed out that the private sector has been left out of the purview of the draft rules even though the Act had provided for their inclusion. “So in effect, it could well mean that the Act would not apply to the private sector at all,” he said.</div>
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<b>An amendment to the Act is needed urgently</b></div>
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Vashishth demanded that ideally, the Act needs to be amended. “The employers are generally governed by the law and the rules made thereunder. The issue is that right now the rules are being made for the central government and the state governments would be doing it separately. The worry is they may do it differently or not do it at all. So if there is an amendment to the Act it is better because then it applies to all the states too. This would also ensure that the provision does not become subjective in the states.”</div>
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Source: <a href="https://thewire.in/118792/disability-sector-aghast-silence-draft-rules-controversial-clause-rights-pwds-act-2016/" target="_blank">The Wire</a></div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-47496498896767792402017-02-28T11:30:00.000+05:302018-03-14T22:29:00.411+05:30Vigyan Bhawan, AIIMS, Feroz Shah Kotla… can’t go anywhere<div dir="ltr" style="text-align: left;" trbidi="on">
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Bindu Shajan Perappadan, February 27, 2017 21:42 IST</div>
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Two key buildings in Delhi — Vigyan Bhawan and Social Welfare Department (GNCTD) — are inaccessible to people with disabilities.Ironically, the President presents national awards to differently-abled persons at Vigyan Bhawan and the Social Welfare Department is a two-storey building meant for their welfare, says physician and disability rights activist Satendra Singh, summing up the state of inclusion of accessibility for the differently-abled in the Capital.Speaking about his own “struggle”, Dr. Singh, who has 70% orthopaedic disability, says: “I have to travel 4 km from GTB Hospital (his office) to Suryanagar to use the post office as the one on the hospital campus is on the first floor and there is no lift. I have to file a case in Disability Court against my Medical Director to make the post office and bank accessible.”The lack of access to essential services remains a source of discrimination and lost opportunities for the disabled, says the doctor.The list of inaccessible buildings in the Capital includes premier hospitals as well.“</div>
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Despite my petition, AIIMS Delhi remains inaccessible to people with disabilities. The New Delhi railway station doesn’t have a lift connecting to the platforms and escalators are not disabled-friendly. Though there are low-floor buses, have you ever seen a wheelchair-user travelling in them,’’ he asks. Most irritating, he says, is the fact that entertainment is beyond the reach of the disabled. “Neither cinema halls nor Firoz Shah Kotla is accessible,’’ he says. </div>
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Inaccessibility is not restricted to wheelchair-users only, says disability rights lawyer and access consultant Subhash Chandra Vashishth. According to him, to realise the mandate of inclusive and accessible public infrastructure, all public spaces need to be conceived, designed and developed keeping diversity of users in mind.</div>
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Dr. G.N. Karna, a research officer and honorary president of the Society for Disability and Rehabilitation Studies, says there is a need to improve the monitoring of implementation of various policies, including the yet-to-be notified Rights of Persons with Disabilities Bill, 2016.</div>
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Source: <a href="http://www.thehindu.com/news/cities/Delhi/vigyan-bhawan-aiims-feroz-shah-kotla-cant-go-anywhere/article17378276.ece" target="_blank">The Hindu </a></div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-74200980486192467442016-12-17T12:00:00.000+05:302018-03-14T22:11:06.158+05:30Activists term disability bill a 'skeptical Act'<div dir="ltr" style="text-align: left;" trbidi="on">
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Manash Pratim Gohain | TNN | Updated: Dec 16, 2016, 22:23 IST</div>
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NEW DELHI: Even as the Rights of Persons with Disabilities Bill 2016 got the approval of Lok Sabha on Friday and Rajya Sabha on Wednesday, disability rights' groups and activists punched holes into the new Act on Friday. While welcoming the passing of the bill, the process which started in 2007, they say that many provisions of the bill will "inculcate exclusion," and that "this Act will be more of obstacles rather than implementation." Activists are also concerned with the bill not specifying any provisions for women and children with disabilities, who are among the most vulnerable groups of the society.</div>
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Concerned over the passing of the bill without any discussion in the Upper House of the Indian Parliament, Sambhavana Organization, a disability rights' NGO said that due to this "the Bill has been passed with many inadequacies and unresolved issues," many of which they claim were part of the previous draft bills "which have been omitted or diluted in the present one."</div>
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"We feel happy with the passing of the Bill, but are concerned over the fact that there has been no discussion on it in the Rajya Sabha. This means the issue of disability is not a priority for the policy makers," said Nikhil Jain, president, Sambhavana.</div>
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While the categories of disabilities have increased threefold, from seven to 21, the amended bill provides only 4% reservation for Persons with Disabilities (PwDs) which has been 3% so far. The rights' groups and activists were demanding retention of at least 5%. "Reservation in jobs, once proposed to be enhanced from 3% (1995 Act) to 5% (2014), has now been restricted to 4%," said disability right's activist, Dr Satendra Singh.</div>
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Stating that the United Nations Convention on the Rights of Persons with Disabilities, which India is a signatory envisage "no policies without the PwDs in its ambit," Pankaj Sinha, a disability rights activist said that the rights of the disabled have been curtailed by the new Bill.</div>
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"The amendments have been in waiting since 2007 and drafts of many committees rejected. The previous government also tried to pass an ordinance after the Sudha Kaul committee report was not accepted. The present government without putting the draft in public domain passed it," said Sinha.</div>
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Stating that the Bill leaves a lot of lacunas for violators to get scot free, activists said that need of the hour has been more teeth for punitive action. "Another amendment drops imprisonment (two months to six months) for violation. There is only a fine of Rs 10,000 to Rs 5 lakh," added Singh.</div>
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Another major concern has been regarding the rights of women and children with disabilities. "There is a special mention about rights of women and children with disabilities, but nothing specific has been stated. There is no legal provision for women with disabilities in marriage or divorce laws, where we need more clarity because they suffer the most. As far as children with disabilities are concerned there is also a special mention, but we need to clarity on how they are treated in institutions and inclusive education for them. In adoption laws too children with disabilities are left out. We need more specific provisions regarding adoption of children with disabilities," said Abha Khetarpal, president, Cross for Hurdles.</div>
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<span style="background-color: yellow;">Subhash Chandra Vashishth, advocate, disability rights, Centre for Accessibility in Built Environment, also highlighted the dilution in the amendments such as how Section 3 (3) allows "discrimination against disabled person if it is 'a proportionate means of achieving a legitimate aim.' This clause leaves 'legitimate aim' open to the subjective interpretation of bureaucracy.</span></div>
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According to Singh, "Only remarkable part of a skeptical Act is inclusion of autism, dyslexia, deaf-blindness and other impairments."</div>
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The Blind Workers Union too claimed that the main problems faced by the disabled community have not been addressed. The union in a statement said, "The Bill continues to lack any serious engagement on the question of protecting the labour and economic rights of disabled persons employed in the private sector."</div>
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Source: <a href="https://timesofindia.indiatimes.com/city/delhi/activists-term-disability-bill-a-skeptical-act/articleshow/56021997.cms" target="_blank">Times of India</a></div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-79353861939777709112016-10-20T20:42:00.000+05:302016-10-20T20:42:47.991+05:30What constitutes "appropriate education" for students with Autism in public schools- US Supreme Court to consider<div dir="ltr" style="text-align: left;" trbidi="on">
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">Dear Colleagues,</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
origins of this potentially lank mark case stretch back to 2010 when
the parents of a child with autism in Douglas County of USA had to
withdraw their child from "Summit View Elementary" - a public
school after the child (now 17) began to exhibit severe behavioral
issues, including banging his head, dropping to the floor, disrobing and
running away from school. The parents having been convinced the school
wasn’t doing enough to help their son with autism progress academically,
pulled the child out of Summit View and enrolled him in Firefly Autism,
a Denver school that specializes in working with autistic children.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
parents have argued in the petition they submitted to the U.S. Supreme
Court late last year that the intent of the IDEA (Individuals with
Disabilities Education Act) was to provide a meaningful education to
disabled students, not simply a “just-above-trivial” benefit. They noted
that federal judges from several circuits across the country have
issued conflicting rulings over the years on what is the "appropriate
standard" to be used to assess the proper level of educational benefit a
disabled student should get. The petition of the parents argues that
this case presents an ideal vehicle for this Court to resolve the
circuit split and provide lower courts with guidance in applying the
IDEA<span style="font-family: "georgia" , "times new roman" , serif;">.</span></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">It
is pertinent to note that the U.S. Supreme Court hasn’t spoken on the
issue since the 1982 Board of Education Versus Rowley ruling, when it
affirmed that IDEA guaranteed disabled students access to the public
school classroom but didn’t address the quality of that education.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
<div style="text-align: justify;">
<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">Even
in India, we have been facing this issue of what is 'appropriate
education' for children with disabilities, particularly those with
intellectual and developmental disabilities. While the government
schools in India are woefully ill-equipped in absence of trained
educators, lack of teaching learning material in the schools given the
large number of students. The situation is equally grim in the private
schools as well who charge a considerable amount in the name of tuition
fee and other counts, however, have made the education of disabled
children an affair to be managed by Shadow Teachers (paid by parents).
In the name of inclusion, children do remain in the school but there is
hardly an effort to include them in the classroom or the learning
outcomes. Children with disabilities are also not included in play or
extra-curricular activities. This is surely not inclusion. This is a
clear violation of the spirit of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act 1995 and
in particular Section 30 of the Act.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
<div style="text-align: justify;">
<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">Entire
world will be watching this case with great curiosity as to what
Supreme Court of USA decides. But one thing is sure, Supreme Court had
made up its mind to speak its mind on the issue and likely to grant
Certiorari to the parents. This case is truly about equal opportunity
for the special needs children that the law requires. And this is likely
to help realize inclusive education as enshrined in the IDEA.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><b>Brief about IDEA </b></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
Individuals with Disabilities Education Act (IDEA) is a four-part (A-D)
piece of American legislation that ensures students with a disability
are provided with Free Appropriate Public Education (FAPE) that is
tailored to their individual needs. IDEA was previously known as the
Education for All Handicapped Children Act (EHA) from 1975 to 1990. In
1990, the United States Congress reauthorized EHA and changed the title
to IDEA (Public Law No. 94-142). Overall, the goal of IDEA is to provide
children with disabilities the same opportunity for education as those
students who do not have a disability.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">IDEA
is composed of four parts, the main two being part A and part B.[1]
Part A covers the general provisions of the law, Part B covers
assistance for education of all children with disabilities, Part C
covers infants and toddlers with disabilities which includes children
from birth to age three, and Part D is the national support programs
administered at the federal level. Each part of the law has remained
largely the same since the original enactment in 1975.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">In
practice, IDEA is composed of six main elements that illuminate its
main points. These six elements are: Individualized Education Program
(IEP), Free and Appropriate Public Education (FAPE), Least Restrictive
Environment (LRE), Appropriate Evaluation, Parent and Teacher
Participation, and Procedural Safeguards. To go along with those six
main elements there are also a few other important components that tie
into IDEA: Confidentiality of Information, Transition Services, and
Discipline. Throughout the years of IDEA being reauthorized these
components have become key concepts when learning about IDEA.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><b>Here is the coverage in Denver on the issue</b></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">U.S. Supreme Court will hear Douglas County student with disabilities case</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">Origins of potentially landmark case stretch back to 2010</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
U.S. Supreme Court announced Thursday that it will hear a potentially
groundbreaking case brought by a Douglas County couple who claim that
their autistic son was not provided an adequate education in the public
school system as required by federal law.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
high court’s ruling on the case, which likely wouldn’t come down until
next year, could have substantial implications for students with
disabilities across the country in terms of the standard school
districts will be required to meet when providing instruction and
services. At issue is whether schools must provide an education equal to
other students.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
family, whose last name is not used in court documents, told The Denver
Post on Thursday that they were “shell-shocked and giddy” about the
decision by the Supreme Court to grant certiorari to their case, which
has dragged on for half a dozen years.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">“It’s
about equal opportunity for special-needs kids that the law requires,”
said Joe F., father of Endrew F., whose name anchors the Endrew F. v.
Douglas County School District case file. “If we can change any
families’ lives, that’s our goal.”</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The district released a statement on the high court’s decision late Thursday.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">“It
would be inappropriate to discuss the specifics of the case while it is
still being litigated, but the Court’s decision today is not a decision
on the merits, and we look forward to addressing the issues before the
Court,” district spokeswoman Paula Hans said.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
roots of the case go back to 2010, when the Highlands Ranch couple
pulled Endrew, now 17, out of Summit View Elementary after he began to
exhibit severe behavioral issues, including banging his head, dropping
to the floor, disrobing and running away from school. Convinced the
school wasn’t doing enough to help their son progress academically, the
couple pulled him out of Summit View and enrolled him in Firefly Autism,
a Denver school that specializes in working with autistic children.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">“If
he was able to show up to school and say ‘good morning,’ that was good
enough for them,” Joe F. said of the Douglas County School District.
“They weren’t moving his education forward.”</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The family has asked that their last name not be used.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
parents, who said their son has made progress in his learning since
attending Firefly, asked the district to reimburse them for the tuition
they paid for Endrew’s private schooling. They claimed that the Douglas
County School District did not do enough to provide their son with a
“free appropriate public education” as required by the 1975 Individuals
with Disabilities Education Act (IDEA).</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">But
an administrative law judge, a federal judge and the 10th U.S. Circuit
Court of Appeals backed the district, claiming in separate rulings that
the federal statute only requires that schools provide students with
“some educational benefit,” a standard they determined Douglas County
had met with Endrew.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
family argued in the petition they submitted to the U.S. Supreme Court
late last year that the intent of the IDEA was to provide a meaningful
education to disabled students, not simply a “just-above-trivial”
benefit. They noted that federal judges from several circuits across the
country have issued conflicting rulings over the years on what is the
appropriate standard to be used to assess the proper level of
educational benefit a disabled student should get.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">“This
case presents an ideal vehicle for this Court to resolve the circuit
split and provide lower courts with guidance in applying the IDEA,”
their petition argued.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
U.S. Supreme Court hasn’t spoken on the issue since the 1982 Board of
Education v. Rowley ruling, when it affirmed that IDEA guaranteed
disabled students access to the public school classroom but didn’t
address the quality of that education.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
family received a boost last month when the Office of the Solicitor
General filed an amicus brief urging the Supreme Court to take up the
case. It said that the 10th U.S. Circuit Court of Appeals had set the
bar — a standard of “merely … more than de minimis” educational benefit —
too low.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">“No
parent or educator in America would say that a child has received an
‘appropriate’ or a ‘specially suitable’ or ‘proper’ education ‘in the
circumstances’ when all the child has received are benefits that are
barely more than trivial,” the solicitor general’s office wrote.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">But
Kathleen Sullivan, chief counsel for the Colorado Association of School
Boards, said it would be better for Congress to clarify its statutes
than for the court to impose an order. A uniform standard handed down by
the Supreme Court would prove “disruptive” to what is today an
individually tailored analysis and decision between educators, parents
and students, she said.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">“The
disruption is in shoving aside more than 30 years of case law that we
have in helping us understand what the IDEA means for students,”
Sullivan said. “I think we would see a wave of litigation to define and
apply that new standard.”</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">The
district, in a brief it filed earlier this month urging the Supreme
Court not to take up the case, argued that in passing the IDEA, Congress
guaranteed access to public education for students with disabilities
but did not specify what the level of that education should be.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">“Thus,
for over 30 years, this Court has held that if a State provides a
program ‘reasonably calculated to enable the child to receive
educational benefits,’ then it ‘has complied with the obligations
imposed by Congress and the courts can require no more,’ ” the brief
argued.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">But
Jack Robinson, an attorney for Endrew F.’s family, said one of the
IDEA’s stated goals is readying a student with disabilities for the
workforce or independent living, something that can’t be achieved with a
minimal education offering.</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">“There
has to be a more heightened and robust standard than a little more than
nothing,” Robinson said. “This case has the potential of recognizing
that children with disabilities have a right to a substantive
education.”</span></span></div>
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><br /></span></span></div>
<div style="text-align: justify;">
<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;">Source : <a href="http://www.denverpost.com/2016/09/29/supreme-court-douglas-county-student-disabilities-case/" target="_blank">Denverpost </a></span></span><br />
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<span style="font-size: small;"><span style="font-family: "georgia" , "times new roman" , serif;"><i>Note: This post is also <span style="font-family: "georgia" , "times new roman" , serif;">rep<span style="font-family: "georgia" , "times new roman" , serif;">r<span style="font-family: "georgia" , "times new roman" , serif;">oduced on <span style="font-family: "georgia" , "times new roman" , serif;">blog "<a href="http://disabilityrightsthroughcourts.blogspot.in/2016/10/us-supreme-court-to-hear-ground.html" target="_blank">Disability Rights </a><span style="font-family: "georgia" , "times new roman" , serif;"><a href="http://disabilityrightsthroughcourts.blogspot.in/2016/10/us-supreme-court-to-hear-ground.html" target="_blank">T</a><span style="font-family: "georgia" , "times new roman" , serif;"><a href="http://disabilityrightsthroughcourts.blogspot.in/2016/10/us-supreme-court-to-hear-ground.html" target="_blank">hrough Courts</a>" </span></span></span></span></span></span></i> </span></span></div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-83895586476145250432016-09-22T16:14:00.002+05:302016-09-22T16:14:41.455+05:30Structural Changes in Govt. Schools with NGOs on Board to ensure disabled children actually learn<div dir="ltr" style="text-align: left;" trbidi="on">
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Dear colleagues,</div>
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Please refer to my earlier post titled '<a href="http://subhashvashishth.blogspot.in/2016/08/delhi-govt-focuses-on-students-with.html" target="_blank">Delhi Govt. focuses on students with disabilities in Govt. Schools- thanks to Working Groups with NGOs</a>'. Here is an updated report on the project by Shreya Roy Chowdhury of TNN, wherein the 6 working groups have moved ahead on many areas and the Delhi Govt. is hoping that through these interventions, the children with disabilities enrolled in govt. schools will actually learn:</div>
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<a href="http://timesofindia.indiatimes.com/city/delhi/6-new-working-groups-for-kids-with-spl-needs/articleshow/54453031.cms" target="_blank">6 new working groups for kids with spl needs</a> (Times of India)</div>
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Shreya Roy Chowdhury | TNN | Updated: Sep 22, 2016, 12.04 AM IST</div>
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New Delhi: Through a number of interventions, Delhi government is hoping to ensure that disabled children in its schools actually learn. Taking disability-sector NGOs on board, the Directorate of Education has established six working groups to address different aspects of education for such kids—teacher training, aids and resources, even "structural changes" in the administration. "Disability mapping" is on the cards and on September 15, the government issued a list of 14 schools in different school districts where accessible "resource centres" will be built.</div>
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There are about 20,000 'children with special needs' or CWSN in Delhi government schools. The Right to Education Act's insistence on inclusivity and accessibility has increased enrollment but activists argue the system is not up to scratch. Now, even the government agrees. The minutes of a June 2016 meeting organised by the government with NGOs says, "The issue of mismatch of expertise of Special Education Teachers (SETs) and needs of CWSN was raised. Disability mapping of CWSN should be the first step." The meeting was attended by directorate officials and representatives of many organisations.</div>
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"The special educators are single-disability trained. We have offered to train in cross-disability and inclusive education so that they can help children and teachers," says G Syamala of <a href="http://aadi-india.org/" target="_blank">Action for Ability Development and Inclusion</a>.</div>
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The DoE's meeting minutes explain that each working group will include two NGOs (or institutes) and one department official. One will work exclusively on learning disabilities — help identify children who have them, "finalize...tools for assessment of learning disabilities", "provide lucid instructions for...teachers", "prepare training module for assessment of these children."</div>
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Another will develop teaching aids. There'll be a central resource library in every zone — 29 libraries distributed over 13 school districts. These will serve as repositories of resources for special educators, teachers, parents and the kids themselves. The <a href="http://www.aicb.org.in/" target="_blank">All India Confederation of the Blind</a> has offered to work with the Delhi Bureau of Text Books to producing Braille and large-print texts.</div>
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Members also agreed on developing "zonal resource centres" — essentially one school in a zone capable of extra support — for children "with severe disability." This, however, doesn't mean more 'special' schools — fundamentally contrary to the idea of inclusion. "Recipient[s] of these services (CWSN) will study in their schools" and the centres will offer "specialized services". Major changes to the administration are also being considered including creation of special posts to implement programmes and monitor.</div>
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The <a href="https://www.facebook.com/AICB.Delhi/?fref=ts" target="_blank">AICB</a> president AK Mittal has sent the DoE a list of other suggestions including "orientation and mobility" training for the visually challenged, "expanded core curriculum activities" for disabled children and "school-mapping for the placement of special educators."</div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-20978547518570821872016-08-30T19:04:00.000+05:302016-08-30T19:04:15.658+05:30Delhi Govt. focuses on students with disabilites in Govt. Schools- thanks to Working Groups with NGOs.<div dir="ltr" style="text-align: left;" trbidi="on">
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<span style="font-family: Georgia,"Times New Roman",serif;">Dear Colleagues,</span></div>
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<span style="font-family: Georgia,"Times New Roman",serif;"><br /></span></div>
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<span style="font-family: Georgia,"Times New Roman",serif;">Delhi Govt's decision to form working groups in association with NGOs has resulted in some renewed focus on the learning outcomes of students with disabilities studying in various govt and aided schools in Delhi. I call it a step in right direction by the Kejriwal Govt. which has been experimenting several programs to ensure that students with disabilities were truly included in schools. Its Department of Education (DoE) had formed 7 working groups in association with leading NGOs working on inclusive education to address the issue of quality education for all in Govt. Schools. </span></div>
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<span style="font-family: Georgia,"Times New Roman",serif;">This constructive & participatory process assures all of us that things are going in right direction despite initial hiccups and several challenges. The special educators have been asked to prepare IEP (Individualized Education Program) for each child with disability with short term and long term goals to be reviewed periodically. The teachers are also given flexibility to review & modify the module. The support of multi-disciplinary team like therapists, counselors, educators etc is also being proposed to be made available.</span></div>
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<span style="font-family: Georgia,"Times New Roman",serif;">The challenges that still remain is many schools do not have required number of special educators. Class Teachers also need to be trained and involved in the child's learning and the responsibility shouldn't be just shifted to the special educators completely. This would not result in true inclusion. Parents also have a larger role in child's development & should be involved in supplementing IEP at home. But this is also a challenge as many of them are working and do not have time to support children's education.</span></div>
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<span style="font-family: Georgia,"Times New Roman",serif;">However, I am sure the working groups with the support of expert NGOs would take this challenge further and take this program of inclusion to a gradual success. I would be very keenly following this experiment on inclusive & quality education with measurable learning outcomes of children with disabilities (children with special needs) in Govt. schools. This experiment deserves accolades and is worth emulating in rest of Indian states given its participatory approach with a focus on inclusion!</span></div>
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<span style="font-family: Georgia,"Times New Roman",serif;">Here is the Tribune Report on the same. </span></div>
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<a href="http://www.tribuneindia.com/news/delhi/special-education-programme-for-the-disabled-in-govt-schools/286910.html" target="_blank">Special education programme for the disabled in govt schools</a><br /><br />Every disabled child studying in Delhi Government run and aided schools will now get personal attention with the AAP government asking special educators to prepare an individualised education programme (IEP).<br /><br />"Special educators placed in government run and aided schools have been asked to prepare an individualised education programme for every disabled child in their care. The IEP will include instructions on the teaching procedure as well," a senior official of the Directorate of Education (DoE) said.<br /><br />There are around disabled 20,000 children enrolled in government schools at present.<br /><br />"We have asked the special education teachers to prepare the IEP of each child with special needs (CWSN) within 15 days, the format of which should cover everything from basic requirements to extra-curricular activities.<br /><br />"Teachers will have the liberty to modify any particular child's module as per requirements. The educators will not only record the type of special need but also associated conditions, languages spoken and referral to other services -in case the child needs services such as physiotherapy," the official said.<br /><br />After identifying the problems, the educators will set both short-term and long-term goals for each child.<br /><br />DoE officials had recently formed seven working groups in association with various NGOs working for children with special needs.</div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-66371164432997648712016-08-28T21:30:00.000+05:302020-05-22T14:16:04.972+05:30Smart cities missing out on accessibility and inclusivity<div dir="ltr" style="text-align: left;" trbidi="on">
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<span style="background-color: white;">“While the entire smart cities (project) is data- driven project, there is no data on accessibility. Since there is no data, there is very less likelihood of including it into the indicators," said, Subhash Chandra Vashishth</span></div>
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<span style="background-color: white;">By: Express News Service | Ahmedabad | Updated: August 28, 2016 6:00 am</span></div>
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<span style="background-color: white;">Leading experts from various sectors batted for the government to have more accessibility and inclusivity indicators in the Smart Cities Mission at the national conclave on Universal Design and Accessibility (UD &A) in Smart Cities, organised by the Indian Institute of Management-Ahmedabad Saturday.</span></div>
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<span style="background-color: white;">Speaking on the sidelines of the conclave, Subhash Chandra Vashishth, lawyer and founder of CABE, said, “While the entire smart cities (project) is data- driven project, there is no data on accessibility. Since there is no data, there is very less likelihood of including it into the indicators. Accessibility is actually still not on the agenda of smart cities, that’s what we have seen in our experience. It’s on automation, on getting smart technology — but not planning the environment keeping the last link — the weakest and most vulnerable person in mind. Unless that happens, this is not sustainable and we may have to end up redoing it in the future. So far we have been looking at accessibility as a charity and talking in terms of percentages, but we have not been benchmarking it.” He added that accessibility reforms will be brought in with the NBC (National Building Code) 2016.</span></div>
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<span style="background-color: white;">“The IT infrastructure currently employed in corporates and banks etc that is usable by</span> mainstream needs to be usable by all, which is where the gap really lies. For example, if you use a software in a bank, its usability by a blind person is not taken into consideration. And what it leads to is that no blind person is then placeable in that bank. Secondly, there are certain key building blocks for IT infrastructure and accessibility. One of them is this text to speech technology and it doesn’t work for us in Indian languages despite India becoming an IT hub of the world. Lots of research is happening through labs, but different models need to be brought in,” said Dipendra Manocha, managing trustee, Saksham Trust.</div>
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“The entire framework for smart cities is looking at how to provide IT infrastructure that is smarter, but who are the people going to use it? Especially children, old people, women etc, and people with disabilities who are not that smart. People creating these smart cities should also look at what unsmart people we are planning for in terms of programme, plan, delivery accessibility and usage. The smart cities mission misses out on the accessibility and inclusivity bit as many people who are not IT savvy, economically backward,” said Anjlee Agarwal, executive director, Samarthyam.</div>
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Rachana Khare, head, School of Planning & Architecture, Bhopal, said, “In the smart cities mission, the government should specify the UD &A parameters in the mission document itself.”</div>
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Source: <a href="http://indianexpress.com/article/india/india-news-india/smart-cities-missing-out-on-accessibility-and-inclusivity/" target="_blank">The Indian Express</a></div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-16612860106072047852016-08-04T14:48:00.003+05:302016-08-04T17:33:53.592+05:30Are meritorious candidates with disabilities adjusted against disability quota against the spirit of Section 33?<div dir="ltr" style="text-align: left;" trbidi="on">
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Dear Colleagues,</div>
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The govt. departments, who should be complying with the provisions of the Persons with Disabilities (equal opportunities, protection of rights and full participation) Act 1995 have been flouting these very provisions under different garbs. This is not a new phenomenon. I remember in April 2005, I had challenged on behalf of All India Confederation of the Blind an advertisement of Govt. of NCT of Delhi and UPSC for filling up 90 posts of Principals without giving 3% reservation for persons with disabilities. In the counter filed by the Delhi Govt. it was suggested that they will adjust all persons with disabilities against reserved quota even if they cleared on their own merit. The Hon'ble Court presided by Justice S. Ravindra Bhat then had given a <a href="https://indiankanoon.org/doc/1538257/" target="_blank">categorical judgement saying this could not be allowed</a> and issued rule. The Delhi Govt. even went in appeal through LPA No.2042, 2043 and 2044/2005, however, on 21 Dec 2005 vide a <a href="http://delhihighcourt.nic.in/dhcqrydisp_j.asp?pn=269020&yr=2005" target="_blank">common judgement</a>, the double bench headed by the Hon'ble Chief Justice and Justice Madam B Lokur dismissed the said appeals upholding that Article 46 of the Constitution provides that the State shall promote the interests of weaker sections and weaker section would include not just SCs and STs but also persons with disabilities. The court had dismissed the LPAs with directions that a candidate with disabilities who has qualified in the selection and whose merit is so high that if he were a general category candidate he would still have been selected, then his appointment will not be made against the quota of persons with disabilities. Such a candidate would be treated as if in the general category and the reserved seats of the disabled category will be calculated excluding him or be filled up accordingly.</div>
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In fact, this fact has been repeatedly held by the Hon'ble Supreme Court that concessions to help / enable a candidate appear in examinations cannot be termed as “reservation benefits“ if she/he qualifies on merit. [PGI Medical Education and Research V. K.L. Narasimham, (1997) 6 SCC 283]</div>
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The trend of subverting the laws against the marginalized section continues to be pushed by many employing departments rendering the minimum reservations as maximum reservations. As simple as age relaxations, fee relaxations, lower threshold of qualifying marks and additionally in case of disabled candidates - using a scribe or availing compensatory time during examination is being used as the basis to classify them as "reserved candidates". Using a scribe or compensatory time or fee/ age /qualifying marks relaxation can at best be considered as enabling provisions. These provisions can not be used to push them in to the "reservation quota" thereby defeating the original intent of such beneficial legislation.</div>
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The <a href="http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Are-meritorious-SCs-OBCs-being-short-changed-29072016009033" target="_blank">National Commission for SCs is examining this issue</a> and has issued notice to UPSC, DoPT etc. on receipt of complaints from the stakeholders. The Commissioner for Persons with Disabilities have not taken any suo moto notice of several such cases happening right under their nose. This is an alarming situation where the statutory bodies are lagging behind in restoring justice to the most marginalized and to protect their rights and equal participation in the spirit of the law.</div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0tag:blogger.com,1999:blog-4960386530086593276.post-80278849383748669272016-08-04T14:48:00.002+05:302016-08-04T15:32:47.247+05:30Medical Board declares a teacher with 30% disability as medically unfit; denied Govt. job <div dir="ltr" style="text-align: left;" trbidi="on">
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<span style="font-family: "georgia" , "times new roman" , serif;">Dear Colleagues,</span></div>
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<span style="font-family: "georgia" , "times new roman" , serif;">We come across such cases pretty often as a result of biases & negative attitudes towards persons with disabilities & total lack of awareness about the legal provisions. This case is unique since the government or the medical board couldn't have declared the candidate as medically unfit for the post, even if she was visually disabled (exceeding 40% disability) since</span><span style="font-family: georgia, "times new roman", serif;"> the post is also identified for persons with disabilities (visual impairment).</span><br />
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<span style="font-family: "georgia" , "times new roman" , serif;">The visiting teacher has a 30% certified visual disability thus she is not a person with disability in terms of the Disabilities Act of 1995. The Act mandates a person with 40% disabilities to be eligible for the benefits / reservation available for persons with disabilities. </span><br />
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<span style="font-family: "georgia" , "times new roman" , serif;">In both cases whether the candidate has a visual disability of 40% or not, she couldn't have been rejected on the grounds of disability. The medical boards are woefully unaware of the enabling provisions of the disabilities Act and they mechanically declare candidates medical fit or unfit without even going in to the job requirements.</span></div>
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Here is the news from Times of India</div>
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Denied govt job, relief in sight for 25-yr-old</div>
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Ambika Pandit</div>
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New Delhi</div>
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Deemed Medically Unfit, Woman Secures Review</div>
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Her dream of becoming a teacher landed in jeopardy after the medical board of a government hospital declared her “medically unfit“. However, the Public Grievances Commission (PGC) and education department came to the rescue of the 25-year-old and sought a review of the medical report. She is likely to get the Delhi government school job soon.</div>
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The medical board rejected her due to a vision deficiency -absent left eye. The job aspirant has, however, been working as a guest teacher in a government school. The PGC and education department said that she has just about 30% sight deficiency in one eye. Moreover, the job for which she was selected was non-technical.</div>
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The woman has now been re-examined by a special medical board and her appointment by the state government is awaited. The effort by the education department and the PGC has opened a window of hope for others like her who may find themselves in the same position. Her father approached the PGC on May 24 after the joining order to the post of assistant teacher (primary) was not issued to her by the education department.</div>
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The first hearing was held by PGC in June. The education department filed a status report stating that the “candidate was declared medically unfit (absent left eye) by Babu Jagjivan Ram Hospital in April, 2016. At present, appointment to the candidate cannot be given by the directorate of education.“</div>
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The woman gave a submission that she has 30% sight deficiency since birth and, as per rules, she is not entitled to the handicap certificate. She added that she had finished her entire education and passed examinations without any hindrances.As such, she should not be prevented from her entry into government service as school teacher. She also informed that she is working as a guest teacher with Delhi government and performing her duties perfectly.</div>
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Hearing the matter, PGC member N Dilip Kumar observed: “The complainant can study and attend classes and can do all work perfectly . Her eyesight deficiency is in no way affecting her teaching work. As such, relaxation should be given in the rule in respect of complainant.“</div>
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The commission advised the director of education to personally look into the matter and ensure that suitable amendment is made to the rules to benefit not only the complainant but also similarly placed candidates. On July 20, the directorate of education informed the commission that it had written to the chairman of the Babu Jagjivan Ram Memorial hospital medical board stating that the candidate has requested for a review of the medical examination report.</div>
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“Chapter XIII states that if a candidate is declared medically unfit on account of visual acuity, an appeal should be dealt with by a special medical board, which should include three ophthalmologists. Ordinarily , the findings of the special medical board should be considered as final, but a second appeal shall be permissible in doubtful cases and under very special circumstances,“ it was observed.</div>
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The hospital examined her again and has submitted her fresh reports to the education department. The family now awaits the appointment letter that will set their daughter on the road to empowerment.</div>
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Source: <a href="http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Denied-govt-job-relief-in-sight-for-25-03082016005034" target="_blank">Times of India </a></div>
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Subhash Vashishthhttp://www.blogger.com/profile/04727295891336791596noreply@blogger.com0