Hello All,

The doctor as far as concerned should only give professional /medical
advice , leaving capability of disabled person to hiring body. The
screening stage should eliminate people if required but not bragging
them to last round and then saying no.

Another point regarding accessible tools which are difficult to enforce
in private sector as reluctance will come into existence for hiring such
people or if law is in place ,the story will be different.

Thank you,

Pankaj Kwatra

     

-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Asudani,
Rajesh
Sent: Tuesday, October 12, 2010 10:08 AM
To: [email protected]
Subject: [AI] FW: (VIB) BGFI suggests to Drafting committee for new law




From: Asudani, Rajesh
Sent: Tuesday, October 12, 2010 10:08 AM
To: '[email protected]'
Subject: RE: (VIB) BGFI suggests to Drafting committee for new law

Another issue to be incorporated is restriction of doctors to certify a
person fit or otherwise for a given job. A doctor should only certify
existence and extent of an impairment or otherwise, and disability or
fitness for a given job or activity should better be left to a well
competent interdisciplinary board...


What do you all say?
The present committee has not at all taken up this issue......


From: [email protected] [mailto:[email protected]] On
Behalf Of bv
Sent: Monday, October 11, 2010 10:36 PM
To: [email protected]
Subject: Re: (VIB) BGFI suggests to Drafting committee for new law

HI Rajesh, You have discussed the law in detail. I would like to add
that Rehabilitation of persons acquired disability should be mandatory
which is not dealt with in the old Act. Accessibility of job should also
be guaranteed. In many institutions do not care about providing
accessible tools to the visually challenged. I would add in details
shortly. BV.

From: Asudani, Rajesh<mailto:[email protected]>
Sent: Monday, October 11, 2010 3:09 PM
To:
[email protected]<mailto:[email protected]>
Cc: [email protected]<mailto:[email protected]>
Subject: (VIB) BGFI suggests to Drafting committee for new law

Press Release

BGFI Suggests to New Disability Law Committee

Blind Graduates Forum of India, a non-government organization working
for all round development of the visually challenged, in its efforts for
providing a voice to Visually challenged and other disabled in law and
policy formation and implementation, has come up with a broad range of
suggestions for the government committee drafting the new law to replace
the existing persons with Disabilities act, 1995. The meeting to illicit
suggestions and comments of persons with Disabilities on the reports
prepared by said committee was convened on Sunday, 10/10/10, at the PGTD
Law, Nagpur. Around thirty participants cutting across various
disabilities came forth with their observations. Dr. Rajat Agrawal, a
well-known eye specialist working in California US and hailing from the
city, interacted with the participants in the beginning, giving details
of his evolving path-breaking research about Bionic eye which has the
potential of making persons with retinal problems  see again. Answering
participants' queries, He also gave his valuable inputs towards
formulating a useful definition of blindness and low vision. Nagpur may
soon have a local chapter of Retina India, network founded by him to
inculcate awareness and advocacy for retinal patients nationwide. Dr.
Shirish Deshpande, HoD, PGTD Law RTMNU, and Mr. Rajesh Asudani, Vice
president BGFI, acquainted all participants with ongoing work of the
drafting committee making new disability law and its updated reports.
Each participant then spoke about her/his comments on it and the issues
they felt the new law must address. The discussion was properly
channelized by Dr. Vinod Asudani, Hon. National secretary of the forum.
Some of the important suggestions which were finalized to be recommended
to the Govt. committee include:

Set up Disability Disputes Redressal fora for deciding disability rights
cases, at district, state and national level;

Make provision for enforcement decree for judgments of  such fora;

Divest CCPD and SCDs of disputes deciding powers;

Make the recognition of educational institutions contingent on their
following disability specific measures;

Make all private players receiving any sort of aid from Govt. follow
disability reservation

Ensure that at least the private players who provide public utility
services earlier provided by Govt. follow disability law provisions
including reservation of jobs;

Make presence of at least 30% disabled persons mandatory on executive
committees of disability NGOs;

Define disability to include medical parameters and index of activities
of daily life, rather than in purely medical terms;

Clearly lay down modalities of reservation for the disabled, like
treatment of horizontality and merit based selection, etc.;

Clearly stipulate details about human assistance during exams like
scribe to visually challenged;

Accord full faith and credit clause of constitution to disability
certificates and make them basis for availing all and every facility
relating to disability;

Delink reasonable accommodation in employment from reservation of posts;

Provide for mandatory disability audit of all the govt. schemes;

Provide for enhanced punishment to offences against women with
disabilities;

Include Disabled explicitly in the definition of priority sector lending
for banks;

Make non-observance of the provisions of disability act a civil
liability and ground for specific relief and financial penalties clearly
linked to violation and with a view to provide for them;

Make right to life meaningful by making it obligatory for government to
bear cost of all corrective measures like cochlear implants,
prosthetics, corneal transplants,, etc. and making corneal donation
compulsory at least in government hospitals;

Give clear mandate to government to provide all and every reasonable
accommodation to disabled in education and employment including
assistive technology;

Provide for personal pecuniary liability in cases of willful default.




These and many other points were enthusiastically deliberated upon and
participants noted that the drafting committee reports do not contain
clear cut provisions about many of these matters. It was decided that a
memorandum would be shortly forwarded to the law drafting committee. Dr.
Deshpande ably guided the deliberations and Mr. Lakshman Khapekar, Mr.
Prakash Andhare, Adv. Vandana Navghare, Adv. Nandita Dube and others
were prominently present.


(Dr. Vinod Asudani)
Hon. Secretary
Blind Graduates Forum of India

October 11, 2010








"I turned to speak to God
              About the world's despair;
              But to make bad matters worse
              I found God wasn't there."

                                --Robert Frost

(Rajesh Asudani)
Assistant General Manager
Reserve Bank of India
Nagpur
Cell: 9420397185
o: +91 712 2806832
R: 2591349


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