Vaisnavi, though this order brings relief to the person, however, the reasons cited for the judgement i.e. 5% deficit can be error on the part of doctor" does not inspire confidence. In fact, any person with disability (read 40% disability) who is not gainfully occupied should be allowed continued family pension of his parents. Persons with disability especially from rural areas with no access to education or proper rehabilitation programme do end up as dependents on their families. Hence there can be hardly a difference in the financial needs of a person with 80% disability or 90/100 % disability. In my opinion, such rules do not conform to the PWD Act. Yesterday, we saw Pranay Gadodia bringing out lapses on the Delhi Government website that differntiates on degree of disability even for issuing Disability I Cards, Here is the extract once again:
"Physically handicapped identity card is issued to handicapped persons who are orthopaedically handicapped, mentally handicapped or are blind or deaf and dumb. Recorded minimum disability for issue of certificate is as follows:- Physical (orthopaedically) 40% Mental 35% Blindness 90% Deaf 90% Dumb 100%" Isn't it funny on the part of these agencies who continue with their practices without any relevance to the law of the land? regards Subhash C. Vashishth Advocate On 13 February 2011 23:23, Vaishnavi Jayakumar < [email protected]> wrote: > *Radha Sharma > > Feb 11, 2011* > > *AHMEDABAD:*A consumer court entitled a mentally challenged man to his > parents' pension for his whole life after death of both his parents, > overruling the medical certificate which says he is 95% challenged. > Dependents over 25 years of age are eligible to such pension only if they > suffer 100% disability. Ashwin Modi, 34, suffers mental retardation since > birth and was issued a certificate of 95% disability due to profound mental > retardation. His father Babubhai Modi, who used to work as a clerk in the > Ankleshwar Nagrik Sahkari Bank, died in 2002. > > His mother who worked in a school used to get Babubhai's pension as his > widow. She also died six months after the death of her husband. The deaths > of the parents proved to be double whammy as both Ashwin and his sister > Sheetal were over 25 years of age. Advocate Himanshu Thakkar said that since > dependents with 100% disability only are eligible to get pension, pension of > both the parents which amounted to Rs 1,200 was stopped as Ashwin had only > 95% disability. The family pension constituted Rs 250 of the father and Rs > 950 of the mother. Sheetal moved the consumer forum in Ankleshwar, pleading > that the court allow the provident office to release pension to Ashwin as he > was completely disabled and even she also could not take up a job as she was > required to remain at home to look after Ashwin. > > The court, however, rejected her appeal saying that since Ashwin was given > a certificate of 95% disability, he was not eligible for family pension. The > case was appealed in the Consumer Dispute Redressal Commission (CDRC), > Gujarat, which recently directed that Ashwin be paid pension from the month > and year the pension was stopped. "We feel that the 95% mental retardation > suffered by Ashwin can be considered to be 100%. Just because the medical > certificate says that it is 95%, it can not be said that that he does not > have cent percent disability. There is reason to believe that the 5% deficit > can be error on part of the doctor," CDRC judicial members N A Acharya and B > H Joshi said in the order. > > http://timesofindia.indiatimes.com/articleshow/7472388.cms?prtpage=1 > > -- > You received this message because you are subscribed to the Google > Groups "Mental Health Advocacy (Reform) India" group. > To post to this group, send email to [email protected] > To unsubscribe from this group, send email to > [email protected] > For more options, visit this group at > http://groups.google.com/group/MhaReformIndia?hl=en > ------------- > Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA > [email protected] > Discussions on mental health law / policy / plan monitoring / human rights > etc > [email protected] > India-specific news and views related to mental health > [email protected] > Information and support to carers of people with mental health issues > [email protected] > Mutual support and sharing of experiential knowledge, skills and social > learning amongst peers > -- Warm regards, Subhash Chandra Vashishth Mobile: +91 (11) 9811125521 Please don't print this e-mail unless you really need to. Consider environment! Get numbers right this time, help the census with correct disability info!
