Hi Rajesh, Do get in touch with this group "Disability Legislation Unit" from South India so all efforts towards a more comprehensive Act are co-ordinated...will have a more significant impact on representation.
Their email address is [email protected] 2009/10/7 Asudani, Rajesh <[email protected]> > My dear AccessIndians > > Do say something on the recommendations sent earlier. > I have received but one response on my personal ID. > I think silence is the worst crime, when it is our paramount duty to speak > up. > Maybe, we won't be heard, maybe, they will throw our suggestions in > dustbin, maybe, they will incorporate a fraction of these, but we must > suggest something, for it shows that we also think. > > "I too call myself I", said Kamala Das. > So, do at least express agreement or disagreement, indifference is > deadening. > > Regards > > > Rajesh Asudani > > Assistant General Manager (PPS), > Reserve Bank of India > Nagpur > 09420397185 > O: 0712 2806676 > Res: 0712 2591349 > Doth God exact day-labour, light denied?" > John Milton > > > -----Original Message----- > From: [email protected] [mailto: > [email protected]] On Behalf Of Asudani, Rajesh > Sent: Monday, October 05, 2009 5:37 PM > To: [email protected] > Subject: [AI] recommendations for changing disability law > > Friends > I, after workshop at Pune, and receiving some suggestion, have arrived at > following recommendations to be submitted to MSJE for effecting changes > being contemplated in disability act or going in for a new law. > I know I have omitted a few areas or my perspective may not be balanced > for all disabilities as I don't have firsthand experience of other > disability than visual. > So, please go through recommendations and suggest any modifications and > inclusions so that we may finalize them and send in through e mails to MSJE > and other relevant bodies and persons at the earliest. > Cooperation is highly required and appreciated. > > Recommendations follow: > > " Serial No. Topic > Recommendation > 1. Definition Be aligned to UNCRPD, Rational > quantification-into mild and severe and not percentage wise. > > 2 Mainstreaming disability Implementing bodies be > made more representative of disabled. All constitutional bodies to have at > least one disabled representative. Articles 15 & 16 of Constitution be > amended to Prohibit discrimination on basis of disability per se. Disability > budgeting on lines of gender budgeting be implemented. > Art. 17 of constitution be amended to wipe practice of disability > exclusion. > 3 Strong Statutes: > Prevention of atrocities act for disabled On the lines of SC > atrocity prevention act, be enacted > Abusing in the name of disability be declared an offence. > > 4 Right to Life: > Cost of all corrective steps for disability > Like Keratoplasty cochlear implants > Be born by government Cornea after death > Be declared "National resource" > Free from any private encumbrance. > > 5 Inclusive Education > Extending free and compulsory education to disabled children > Till the age of 18. Setting right the glaring omission of Central > Government. Affording legitimate assistance to special schools Fostering > inclusive educational ambience at the same time. Training all teachers to > teach disabled children as well. Giving disability scholarships in addition > to, and not in lieu of, other benefits, Making study material available in > suitable alternative format. > Reasonable accommodation be provided in education. > > 6 Exercising legal capacity-scribe A uniform scribe policy-the > need of the hour. > Discretion of candidate to bring the scribe or accept that provided Only > warranted. > Preconditions like juniority if from same streem be imposed. Competence to > be ensured when scribe requested. No arbitrary conditions/changes/denials of > scribes justified. > Interpreters to hearing disabled to be provided wherever required. > 7 Govt. schemes Disability be factored in while making any > scheme. > All existing government schemes be evaluated from disability perspective > continuously. > Disability audit of schemes mandatory. > > 8 Quantum of reservation > Be enhanced to 5% /6% To reflect the actual proportion of > disabled in population. > > 9 Categorization Different categories of severely and mildly > disabled for at least reservation be carved out. > > 10 Detrimental act of state governments Rationale of > Disability legislation falling under concurrent list, so Central law > prevailing unless state law assented to, or PWD Act enacted Under article > 253, be employed to negate varied state interpretations harmful to disabled > and uniformity be brought in implementation of disability legislation. > > 11 Reservation for disabled 3% of total cadre > strength in all classes the ultimate goal. 3% of vacancies occurring at a > time-the practical step to achieve the goal. Non-implementation of > reservation provision for long may warrant > Special recruitment drives for disabled utilizing available vacancies in > excess of 3%. Differentiation being made between Relaxed standards, like > minimum qualifying/cut off marks, relaxation in age limit, and > Reasonable accommodations, like taking scribe waiver in fee, extra time > etc. Counting only those availing relaxed standards, or not finding place in > vertical lists > Against reserved vacancies Ignoring those finding place in vertical > list/open competition > > 12 Transfer and promotion High time to give > statutory backing to non-transferability provisions. Reservation in > promotion on lines of SC a legitimate demand. Extending zone of > consideration duly warranted. Intervening posts, if unidentified, should be > deemed to be identified for effecting promotion Statutory backing required. > > 13 Reasonable accommodation Warranted by UNCRPD and Natural > justice. > Should not be fettered by: Economic capacity development, or Reasonable > time frame. > > 14 No clubbing together of disabilities A harmful but > omnipresent practice. > Even UNCRPD commits it. Each disability requires unique measures, Apart > from general principles which may be common. > > 15 Optional protocol Optional > protocol to the convention be immediately adopted by India > 16 Enforcement machinery Disability forum on > the lines of consumer dispute redressal for a be set up to resolve cases > under disability act. CCPD and commissioners should only coordinate > administrative efforts and oversee implementation of act and awards. > 17 Enforcement machinery Such disability fora > be invested with full powers of civil court including initiating contempt > proceedings for non-compliance of its orders. > 18 Stringent penalties Strong > monetary penalties be prescribed in cases of violations of provisions of > disability law: ex. Not reserving at least 3% of advertised posts, > discriminating on the basis of disability etc. > 19 Fake certificates Issuing > fake disability certificates Making use of fake disability certificates be > declared a criminal offence warranting exemplary punishment in addition to > forfeiting any benefit like job etc. so obtained. > 20 Universal disability audit Audit of > government funds including grants to All NGOs and all other expenditure > should include details of expenditure for persons with disabilities, as they > are one of the weakest classes in society and every activity touches them. > 21 Disability portrayal Derogatory > portrayal of disability be made ground of censorship and film certification > board should have a disabled member on it. > 22 Accessibility Government should: > (a) Develop, promulgate and monitor the > implementation of minimum standards and guidelines for the accessibility of > facilities and services open or provided to the public; > (b) Ensure that private entities that offer > facilities and services which are open or provided to the public take into > account all aspects of accessibility for persons with disabilities; > (c) Provide training for stakeholders on > accessibility issues facing persons with disabilities; > (d) Provide in buildings and other facilities open > to the public signage in Braille and in easy to read and understand forms; > (e) Provide forms of live assistance and > intermediaries, including guides, readers and professional sign language > interpreters, to facilitate accessibility to buildings and other facilities > open to the public; > (f) Promote other appropriate forms of assistance > and support to persons with disabilities to ensure their access to > information; > (g) Promote access for persons with disabilities to > new information and communications technologies and systems, including the > Internet; > (h) Promote the design, development, production and > distribution of accessible information and communications technologies and > systems at an early stage, so that these technologies and systems become > accessible at minimum cost. > > 23 Right to life Eradicating disability > through medical measures, technological measures and through appropriate > modifications in structures and procedures should be viewed as integral part > of right to life and primary responsibility of government and state. > > > 24 Situations of risk and humanitarian emergencies > Statute should provide for all necessary > measures to ensure the protection and safety of persons with disabilities in > situations of risk, including situations of armed conflict, humanitarian > emergencies and the occurrence of natural disasters. > 25 Equal recognition before the law Explicit > enunciation of persons with disabilities as fully competent legal persons, > provision of support with effective and appropriate safeguards wherever > called for, for exercising legal capacity. > 26 Financial transactions Government to ensure > the equal right of persons with disabilities to own or inherit property, to > control their own financial affairs and to have equal access to bank loans, > mortgages and other forms of financial credit, and shall ensure that persons > with disabilities are not arbitrarily deprived of their property. > 27 Free legal aid Costs to be essential > awarded whenever a disabled successfully sues for violation of rights, free > legal aid to be mandatorily provided for every litigation under disability > law. > 28 Liberty Government should ensure that persons with > disabilities Are not deprived of their liberty unlawfully or arbitrarily, > and that any deprivation of liberty is in conformity with the law, and that > the existence of a disability shall in no case justify a deprivation of > liberty. > S > 29 Freedom from degrading treatment and torture > Statute should provide that: No one shall be subjected to torture or to > cruel, inhuman or degrading treatment or punishment. In particular, no one > shall be subjected without his or her free consent to medical or scientific > experimentation. > 30 Exploitation abuse and violence Articles > 23 and 24 of the constitution be suitably amended to prevent exploitation > violence and abuse on account of disability or resulting in disability. > 31 Living independently and being included in the community > All the infrastructure including houses, whether built by government or > private parties to be fully accessible, and government to ensure that: (a) > Persons with disabilities have the opportunity to choose their > place of residence and where and with whom they live on an equal basis with > others and are not obliged to live in a particular living arrangement; > (b) Persons with disabilities have access to a > range of in-home, residential and other community support services, > including personal assistance necessary to support living and inclusion in > the community, and to prevent isolation or segregation from the community; > (c) > Community services and facilities for the general population are > available on an equal basis to persons with disabilities and are responsive > to their needs. > 32 Technological aids All technological > assistive devices including mobility aids, reading devices, softwares vision > or other sensory enhancement devices be blanketly exempted from import duty > and other levies. Government should bear the full cost of such devices or > highly subsidize them as alleviation of disability by improving the impaired > sense, or limb falls under right to life. > 33 Freedom of expression and information It includes for > disabled use of accessible modes and so, government should: a) Provide > information intended for the general public to persons with disabilities in > accessible formats and technologies appropriate to different kinds of > disabilities in a timely manner and without additional cost; > (b) Accept and facilitate the use of sign > languages, Braille, augmentative and alternative communication, and all > other accessible means, modes and formats of communication of their choice > by persons with disabilities in official interactions; > (c) Urge private entities that provide services to > the general public, including through the Internet, to provide information > and services in accessible and usable formats for persons with disabilities; > (d) Encourage the mass media, including providers > of information through the Internet, to make their services accessible to > persons with disabilities; > ( > 34 Health Government should: > Provide those health services needed by persons with disabilities > specifically because of their disabilities, including early identification > and intervention as appropriate, and services designed to minimize and > prevent further disabilities, including among children and older persons; > Provide these health services as close as possible to people's own > communities, including in rural areas; Require health professionals to > provide care of the same quality to persons with disabilities as to others, > including on the basis of free and informed consent by, inter alia, raising > awareness of the human rights, dignity, autonomy and needs of persons with > disabilities through training and the promulgation of ethical standards for > public and private health care; Prohibit discrimination against persons with > disabilities in the provision of health insurance, and life insurance to be > provided in a fair and reasonable manner > ; declare discriminatory denial of health care or health services or food > and fluids on the basis of disability a punishable offence. > 35 State activities All the state activities > including elections be made accessible by adopting appropriate formats and > technology > 36 Data collection All data collection > exercises including census, surveys of general nature, should invariably > include persons with disability in addition to specific disability surveys > undertaken from time to time. > 37 No negative presumption No negative, harmful > exclusionary or discriminatory presumption be drawn on the basis of > disability in respect of rights, amenities or facilities offered to public > at large or citizens and any exclusion of the disabled there from not duly > supported by law be deemed an penal offence. > 38 Disability records Disabilities records and > certificates be accepted throughout nation even if issued by one state as > they should be declared as records under article 261 of constitution and > full faith and credit clause be applicable to them. > > > > Rajesh Asudani > > Assistant General Manager (PPS), > Reserve Bank of India > Nagpur > 09420397185 > O: 0712 2806676 > Res: 0712 2591349 > Doth God exact day-labour, light denied?" > John Milton > > > ________________________________ > Notice: This email and any files transmitted with it are confidential and > intended solely for the use of the individual or entity to whom they are > addressed. 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