Hello All
This message did not make to the list so I am pasting it below.
Regards
Harish Kotian.




5th December, 2010

Dear Friend,

Greetings from NAAJMI!

NAAJMI (National Alliance on Access to Justice for Persons Living with Mental 
Illness) is a national coalition of individuals and organizations working on 
disability rights. NAAJMI has, since 2005, built a concrete platform for 
dialogue on the Human Rights of people with disabilities, particularly those 
living with a mental illness [PLMI].

NAAJMI, in partnership with Action Aid, has organized a South regional 
consultation on 17th -18th of December 2010, in Bangalore, on the UNCRPD, the 
New Disability Draft legislation, and issues of PLMI. This consultation will 
focus on the New Disability Draft Legislation, the Mental Health Act and its 
amendment, against the background of the Rights enshrined in the United Nations 
Convention on the Rights of Persons with Disability (UNCRPD). The issues and 
concerns of PLMI are neglected in policies and laws. [MOSJE] has published the 
new disability legislation (first Draft) and it is necessary to understand it 
and send our demands and suggestions. The consultation will focus on mental 
health act, the amendment draft released by MOHFW and related policy and legal 
issues. A concept note about the consultation is attached along with.

We are inviting you for the consultation. Your experiences with rights of 
people with disabilities will be very valuable to NAAJMI / MH sector and your 
participation deeply appreciated.

We await your confirmation of participation for the consultation. A detailed 
programme sheet will be sent soon. We are able to pay for your travel, local 
accommodation and hospitality.


The venue for the consultation:

United Theological College
No.63 Millers Road
Benson Town
Bangalore-, 560046
Tel: 080- 2333 9269

Time: 10.a.m.-6 p.m.

The facility is accessible. If you have any special needs, do let us know.

Warm regards,

D.M. NAIDU, Chairperson, NAAJMI.

Please confirm your participation with:

Lavanya Seshasayee at [email protected] [07676944082]

Firdaus at [email protected]

Or directly with Mr. Naidu at 0984521870










 CONCEPT NOTE

UNCRPD, the new Disability legislation (Draft),

And the Rights for persons living with mental illness.

NAAJMI, headquartered in New Delhi, has organized a 2 day consultation on the 
UNCRPD, the new Disability Act (Draft), Rights for persons living with mental 
illness, in Bangalore, on the 17th and 18th of December.

About NAAJMI: NAAJMI's Vision is to assure "A Life of Dignity for Every Person 
Living with Mental Illness". In order to accomplish its vision, NAAJMI has a 
four-point Mission:

(i) Influence policy and public opinion
(ii) Capture and apply knowledge
(iii) Provide a platform for dialogue among all stakeholders in the mental 
health sector -
specially for the voices that have not been heard so far
(iv) Learn from other movements and network with them
NAAJMI has now become a strong collective voice around the country demanding 
justice and access to justice for persons living with mental illness based on 
the values of dignity, respect and autonomy. It is an alliance of, by and for 
people living with mental illness, and is inclusive of a diverse community of 
people with a personal and / or professional engagement with disability and 
persons living with mental illness. Its main activity is to build opinion 
through mobilizing activities, on policy and law relating to disabilities and 
PLMI.

The need for the consultation arose from the present situation about disability 
and particularly about people living with a psychosocial disability / mental 
illness [PLMI]. Mental illness is a serious issue in both rural and urban 
areas. It is neglected by individuals themselves, by families, society, and 
policy makers. It is either covered up or
persons living with mental illness [PLMI] are perceived as incapable and 
dangerous. PLMI are not only neglected but deprived of many Civil, Economic, 
social and political rights. They are excluded from the community, family, 
political and cultural life. They experience what may be called a "CIVIL DEATH".

The laws in India are not friendly laws for persons with mental illness. The 
Mental Health Act has added layers of discrimination on the PLMI, increasing 
their exclusion. NAAJMI, FROM 2005, has been challenging this dehumanizing 
perspective by society and policy makers in many ways.

The United Nations Convention on the Rights of Persons with Disabilities 
(UNCRPD) provides a right based protection to all persons with disabilities, 
including PLMI. India signed the UN Convention on 30th March, 2007, the day it 
was opened for signatures. On 01 October 2007 the Government of India ratified 
the UN Convention on the Rights of Persons with Disabilities, and in doing so, 
made a commitment to the peoples of India and to the international community to 
fulfill certain specified obligations, and to raise standards relating to the 
protection, inclusion and empowerment of disabled people in India. There are 
eight guiding principles that underlie the Convention and each one of its
specific articles:
* Respect for inherent dignity, individual autonomy including the freedom to 
make one's own choices, and independence of persons
* Non-discrimination
* Full and effective participation and inclusion in society
* Respect for difference and acceptance of persons with disabilities as part of 
human diversity and humanity
* Equality of opportunity
* Accessibility
* Equality between men and women
* Respect for the evolving capacities of children with disabilities and respect 
for the right of children with disabilities to preserve their
identities.

Issue of mental health is not included in any policy or law in the country with 
these guiding principles of UNCRPD. The existing Mental health Act, and the 
present draft of the Ministry of Health and Family Welfare, on its amendment, 
are anti-UNCRPD in every sense. NAAJMI advocates that the MHA should be 
repealed. Mental health sector has been the least of the priorities for 
Ministry of Health and Family Welfare.

National Policy for Persons with Disabilities was announced in February, 2006. 
The salient features of the National Policy are: Physical Rehabilitation, which 
includes early detection and intervention, counselling & medical interventions 
and provision of aids & appliances. It also includes the development of 
rehabilitation professionals. Educational Rehabilitation including vocational 
training and Economic Rehabilitation for a dignified life in society. The 
policy specifically focuses on issues concerning women and children with 
disabilities. The National Policy recognizes that Persons with Disabilities are 
valuable human resource for the country and seeks to create an environment that 
provides them with equal opportunities, protection of their rights and full 
participation in society. The focus of the policy is on (a) Prevention of 
Disabilities and (b) Rehabilitation Measures. Various Ministries/Departments in 
Central Government and the State Governments and UT Administrations are 
implementing the policy, which is a continuous process. National policy also 
totally neglected PLMI. It is a full proof of lack of awareness and total 
discriminative perspective about persons with mental illness. There is no 
special policy on mental health.

New disability Law (Draft) ["Rights of Persons with Disabilities Act"] is a 
comprehensive law for all persons with all types of disabilities. This is an 
enormous opportunity for the inclusion of PLMI in a meaningful way. The 
Ministry of Social Justice and Empowerment has circulated the first draft of 
the legislation for discussion. The Draft New Law must be fully discussed among 
the persons, organizations of persons with disability, and persons and 
organizations who have concern for mental health. NAAJMI sees this as an 
important opportunity to get a comprehensive law with a rights
based perspective, and the inclusion of rights of people with mental illness.

NAAJMI is proposing to hold regional consultations in December, followed by a 
National consultation in New Delhi, in the month of January. Following this, 
NAAJMI has plans for lobbying with MOHFW & MOSJE on the plight of PLMI and our 
specific needs from these Ministries. We are joined in our efforts by various 
supporters within the disability movement, such as CBR forum, DRG, MHRG, HRLN, 
and look forward to building cross disability alliance in Maharashtra. These 
regional consultations will focus on the provisions of human rights in UNCRPD. 
It will also be helpful to understand right based framework of the new 
Disability Draft Legislation [RPDA]. Understanding and knowledge about UNCRPD / 
RPDA will help shape up the discourse on Mental health Act and NAAJMI's vision 
for MH legislation.

The purpose of the Consultations therefore is to focus on the issue of Mental 
Health, existing laws and bills about mental health and the urgent need for 
right based perspective towards mental health and legal instruments to protect 
the rights of persons with mental illness.

Many organizations of disabled persons, human rights defenders, legal 
activists, representatives from Disability Commissioners' office, people 
working in the field of disability from Maharashtra are invited for the 
consultation. Discussions, dialogue, interactions in the consultation will help 
to bring disable friendly new disability act, to form a network for the act and 
protection of the rights of all disabled peoples in Maharashtra.

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