Hi
The judge is not going overboard. The background of this ruling is not based
on PWD Act but a GO issued by Maharashtra govt. by which they created a new
category of low vision and as a result job were only restricted to this new
category and as a result totally blind were not covered in the job market.
Harish Kotian
----- Original Message -----
From: "Subramani L" <[email protected]>
To: <[email protected]>
Sent: Friday, June 18, 2010 7:49 PM
Subject: Re: [AI] Be Sensitive to Blind People, Bombay High Court Tells Govt
Sure. agreed. But courts are also entitled to give such rulings which
can be the starting point -or the thrust- our system needs to make the
distinction. The issue is so obvious as described by the Court itself
that nothing would or should stop them from making the demarcation in
their judgement. No legal expert but am suggesting from pure
commonsense.
Subramani
-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Vamshi G
Sent: Friday, June 18, 2010 7:19 PM
To: [email protected]
Subject: Re: [AI] Be Sensitive to Blind People, Bombay High Court Tells
Govt
But Subramani sir, anything that has to be done should be provided by
the
statue. The PWD Act, in it's current form, doesn't differentiate
between
blind and low vision people. So, I really wonder how can the court give
such directions without the support for the same from the Act.
Personally I support the court's advise of treating blind and low vision
as
2 different sub-categories of the VH category, with more preference to
the
blind.
And incidents like this support the arguments that there should be 2
categories in the VH category, mildly disabled and severely disabled, or
even 3 categories, mildly disabled, moderately disabled and severely
disabled, which has been emphasised time and again by legal experts like
Mr.
Rajesh Asudani on the list as well as on the blog dedicated for this
purpose.
I hope topics like this on the list motivate more people to write their
opinions on the Access India blog dedicated for this purpose.
Regards,
Vamshi G
M: +91 9949349497
R: +91 877 2243861
Skype: gvamshi81
www.retinaindia.org
From darkness unto light
-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Subramani L
Sent: Friday, June 18, 2010 4:38 PM
To: [email protected]
Subject: Re: [AI] Be Sensitive to Blind People, Bombay High Court Tells
Govt
This is really unfortunate. How can the blind and the low vision be the
sme? There needs to be certain consideration for the totally blind since
it seems they are left behind. Hope the judgement is in their favour.
Subramani
-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of shahnaz
Sent: Friday, June 18, 2010 1:56 PM
To: [email protected]
Subject: [AI] Be Sensitive to Blind People, Bombay High Court Tells Govt
Be sensitive to blind people, Bombay high court tells govt
Hetal Vyas / DNA
Friday, June 18, 2010 0:56 IST
Mumbai:
Maharashtra government's attitude treating persons with total and
partial blindness
'uniformly' while considering them for jobs under the physically
challenged quota
has not gone down well with the Bombay high court.
A division bench of acting chief justice JN Patel and justice SC
Dharmadhikari on
Thursday observed: "The authorities need to be careful and sensitive
towards these
people. These people are not beggars, they can perform if given an
opportunity."
The court was hearing a public interest litigation (PIL) filed by
Harshad Jadhav,
a blind man seeking directives to the state government to implement
the provisions
of Disabilities Act, 1995, and provide jobs to the physically
challenged people in
government bodies.
Chief secretary JP Dange, in an affidavit submitted in the court,
stated that the
government is following the recommendations of an expert committee,
as per the provisions
of the act. "Therefore, the recommendations are binding and the state
has no authority
to overrule them," said the affidavit.
Dange also justified state's stand on treating the totally blind and
those with low
vision uniformly. "If the number of persons from totally blind
category find it difficult
to get selected, the state can hardly do anything in this regard,"
said his affidavit.
The judges particularly expressed displeasure about this statement,
observing that
such an attitude will make the totally blind compete with either with
the partially
blind or those with poor vision.
http://www.dnaindia.com/mumbai/report_be-sensitive-to-blind-people-bomba
y-high-court-tells-govt_1397881
Voice your thoughts in the blog to discuss the Rights of persons with
disability bill at:
http://www.accessindia.org.in/harish/blog.htm
To unsubscribe send a message to [email protected]
with the subject unsubscribe.
To change your subscription to digest mode or make any other changes,
please visit the list home page at
http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.i
n
Voice your thoughts in the blog to discuss the Rights of persons with
disability bill at:
http://www.accessindia.org.in/harish/blog.htm
To unsubscribe send a message to [email protected]
with
the subject unsubscribe.
To change your subscription to digest mode or make any other changes,
please
visit the list home page at
http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.i
n
Voice your thoughts in the blog to discuss the Rights of persons with
disability bill at:
http://www.accessindia.org.in/harish/blog.htm
To unsubscribe send a message to [email protected]
with the subject unsubscribe.
To change your subscription to digest mode or make any other changes,
please visit the list home page at
http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.i
n
Voice your thoughts in the blog to discuss the Rights of persons with
disability bill at:
http://www.accessindia.org.in/harish/blog.htm
To unsubscribe send a message to [email protected]
with the subject unsubscribe.
To change your subscription to digest mode or make any other changes,
please visit the list home page at
http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
Voice your thoughts in the blog to discuss the Rights of persons with
disability bill at:
http://www.accessindia.org.in/harish/blog.htm
To unsubscribe send a message to [email protected] with
the subject unsubscribe.
To change your subscription to digest mode or make any other changes, please
visit the list home page at
http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
