Kanchan Pamnani,
Madam,

Please define inclusion and accessibility with respect to mentally
disabled and physically disabled.
Also give me a legal definition of mental illness.

To tell you frankly, I don’t know what is exactly in the RPD bill. But
I am sure that it is far better than the existing law. Even if there
are miner problems, it can be corrected through amendments. I am
curious on the fact that while many acts get tens and hundreds of
amendments, the PWD act has not got any amendment in 20 years. Now it
is more than 2 decades and much has changed and amending this act is
useless. But at least the forth coming act should get amendments as
and when needed. But some major problems if any, should be corrected
in the beginning. But, that should not lead at any cost to undue
delaying of the passing. I don’t support the delay.

Now why I put above 2 questions is, there is lot of difference in
rehabilitation, inclusion of these 2 kinds of disabilities. The
identification, needs and possibilities are different. The
employability of physically disabled and mentally disabled is
different. As per the central government rules issued as per Supreme
Court guidelines, the 3 percent reservation should be calculated on
the basis of entire cadre, and the same number of posts be reserved
within the identified categories of posts. What if the identified
posts are different for different disability? What if the number of
posts in the 2 groups are different? i.e. suppose there are 100 posts
reserved for VH and 500 posts are identified for OH? Certainly the
quota for these 2 should be different. And then what should be the
policy for shifting the posts within different subcategories of
disability? This is a complicated issue and needs to be solved. As per
PWD act, if eligible candidates are not available for a notified post,
it should be kept backlog and not be shifted to other kinds of
disabilities until the next recruitment. But, most of the recruiting
agencies don’t know this and not implementing this. In one of my RTI
cases, even the Karnataka Public Service Commission and even the then
Karnataka Information Commissioner thought that it can easily be
shifted to other disabilities in the same recruitment.
Intrasectoral differences and disputes are being misused by
governments to delay and deny the provisions I agree. But, we have to
understand that there are some real concerns and issues in this
regard. Yesterday I went to the 30th annual meeting of Karnataka State
Government Disabled Employees’ Association. There was a voice from one
of the members from Vidhanasowda (administrative building of the state
government) itself that Visually challenged are not properly concerned
and represented in the association. He seemed so disappointed that he
expressed willingness to give up the membership. I am not a right
person to comment on the issue since I am junior in the association
and not have the right experience. But from outside it gives a clue
from the fact that most of the core committee officers are
orthopaedically challenged. All this is outside legal matters I know.
But let it not have its way into legal matters as well. Encroachment
should not be there within disabled communities and there should be
legal provisions to protect it. when mental disability is added, the
problem will agrovate.

Umesha



On 1/28/16, sudarsanan etthirajan <[email protected]> wrote:
> since already VH quotas filled by other disabilities on the basis of
> suitability when you include mental disability it will encroach all
> quotas.
> e. sudarsanan.
>
> On 1/28/16, Anirban Mukherjee <[email protected]> wrote:
>> friends,
>>
>> the passage of the bill has become some sort of a snake and ladder
>> game, it seems. firstly, it demonstrates an absolute lack of positive
>> intent in the ruling elite of this country, whichever political
>> formation they might seek to represent. secondly, there is a sectarian
>> tendency within the sector itself, that is to say, one group of
>> persons with a certain disability is reluctant to understand the pains
>> and the difficulties of another. it is cleverly and subtly utilised by
>> the government to create division amongst us thereby delaying the
>> discussion and passage of the legislation which is long overdue. now,
>> Ms Gandhi has put another spanner and the whole process, i am afraid,
>> is being delayed for almost an year more.
>>
>> Greetings, Anirban Mukherjee
>>
>> On 1/27/16, Kanchan Pamnani <[email protected]> wrote:
>>> Umesha "Otherwise we
>>> loose a lot." Please explain. I don’t think we the visually impaired will
>>> lose anything at all. In fact we the visually impaired have lost  because
>>> the law has been delayed and will now get further delayed because of the
>>> split amongst the Ministers.
>>> Kanchan
>>>
>>>
>>> -----Original Message-----
>>> From: AccessIndia [mailto:[email protected]] On
>>> Behalf
>>> Of Umesha S E
>>> Sent: Wednesday, January 27, 2016 9:20 PM
>>> To: AccessIndia: a list for discussing accessibility and issues
>>> concerning
>>> the disabled.
>>> Subject: Re: [AI] Maneka raises objections to proposed Disability Bill
>>>
>>> Certainly inclusion of physical and mental disabilities are entirely
>>> different things. I do support that these 2 be separated. Otherwise we
>>> loose a lot.
>>>
>>>
>>>
>>> On 1/27/16, Asudani, Rajesh <[email protected]> wrote:
>>>> of course.
>>>> I have been saying this since long
>>>> But nobody listens.
>>>>
>>>>
>>>> सादर / With thanks & Regards
>>>> राजेश आसुदानी Rajesh Asudani
>>>> सहायक महाप्रबन्धक AGM
>>>> बाजार आसूचना ईकाई MIU
>>>> भारतीय रिजर्व बैंक Reserve Bank of India
>>>> नागपुर Nagpur
>>>>
>>>> 0712 2806846
>>>>
>>>> President
>>>> VIBEWA
>>>> Co-Moderator
>>>> VIB-India
>>>>
>>>> A-pilll = Action coupled with Positivity, Interest, Love, Logic and
>>>> laughter.
>>>>
>>>>
>>>> -----Original Message-----
>>>> From: AccessIndia [mailto:[email protected]] On
>>>> Behalf
>>>> Of George Abraham
>>>> Sent: Tuesday, January 26, 2016 5:49 PM
>>>> To: 'AccessIndia: a list for discussing accessibility and issues
>>>> concerning
>>>> the disabled.'
>>>> Subject: Re: [AI] Maneka raises objections to proposed Disability Bill
>>>>
>>>> I seriously think mental disabilities should be separated from physical
>>>> disabilities. People might not agree with this but I believe that a
>>>> number
>>>> of possibilities of inclusion are lost because people tend to club the
>>>> two
>>>> streams. There should be two distinct bills.
>>>>
>>>> -----Original Message-----
>>>> From: AccessIndia [mailto:[email protected]] On
>>>> Behalf
>>>> Of avinash shahi
>>>> Sent: 26 January 2016 16:51
>>>> To: accessindia
>>>> Subject: [AI] Maneka raises objections to proposed Disability Bill
>>>>
>>>> http://www.siasat.com/news/maneka-raises-objections-proposed-disability-bil
>>>> l-907277/
>>>>
>>>> --
>>>> Avinash Shahi
>>>> Doctoral student at Centre for Law and Governance JNU
>>>>
>>>>
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>
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