Sub: - Providing of Constitutional Protection and Safeguards to the
persons with
disabilities and inclusion of 3% Job Reservation in the Constitution of Indian
Republic - Request -
Regarding.
Dear friends,
With reference to the subject cited above, I ,K.Srinivas,
Professionally a Teacher and one of the Secretaries of the Development and
Welfare Association of the Blind, A.P. Suradas Bhavan, Nalgonda, am pleased to
share my opinion with you. I strongly feel that it is the high time for all
Disabled that they should struggle for constitutional protection and safeguards.
. According to the Census 2001, there are 2.19 crores of persons with
disabilities in India who constitute 2.13 percent of the total population. This
includes persons with visual, hearing, speech, loco motor and mental
disabilities. Seventy five per cent of persons with disabilities live in rural
areas, 49 per cent of disabled population is literate and only 34 percent are
employed.
About 2% to 3% disabled of the total population of India are not
provided minimum amenities either by Government or by the Society for lack of
constitutional protection and safeguards to the disabled.
. All the brotherhood of disabled community is subject to indifference and
gross negligence by authorities due to the lack of constitutional protection
and safeguards. To quote a few examples,
The Central and State Government have issued several Orders for the
Welfare of Visually challenged and the persons with disabilities. But Funds
allocated are meagre for the proper implementation of existing Orders in
helping the disabled. Presently existing Orders are very inadequate and out
dated. The existing Orders are some what helpful in providing the education and
training for the persons with disabilities but they have totally failed in
securing jobs and providing rehabilitation to the genuine disabled persons.
Such Orders can be easily neglected by the appointing authorities for lack of
constitutional protection and safeguard.
The Central and State Government are providing 3% job reservation to the
disabled i.e. 1% for the visually disabled 1% for the hearing disabled and 1%
for the orthopaedically disabled. Reservation scheme in Jobs is not being
implemented strictly by the authorities. Some of the managements like APSRTC
have not provided any single job to the VH after 1980. In the year 1980 some
posts were given to the visually challenged as announcers and booking clerks.
The selected persons have shown excellent performance. After 1980 the posts
were abolished with an intention that they are reserved for the visually
challenged and hence they are to be offered for them. In the Department of
Electricity and other departments also the visually challenged are not given
job opportunities. If the existing 3% reservation (1% to VH) is strictly
implemented by all departments, there will not be any unemployed educated
visually challenged person. In spite of the implementation of PWD Act for 12
years, the Job Scenario is not at all changed so far.
I feel that the above mentioned lapses and injustice can be
rectified if the 3% job reservation i.e 1% to each for V.H., H.H. and O.H. is
provided by the constitution as in the case of SC and STs.
Due to the lack of Constitutional protection and safeguards to the
persons with disabilities like SC and ST, The Insurance companies do not prefer
to insure the disabled. Surprisingly, they are insuring lifeless articles such
as infrastructure buildings, furniture etc. They are not entitled to avail the
benefits which normal people avail in spite of collection of extra premiums.
The motto of PWD Act such as Equal opportunities , Protection of
Rights and Full Participation are confined only to the paper .But the spirit
of it is not evident in the practice. The Act recommends to formulate State
Co-ordination Committee and State Executive Committee. Accordingly the Govt. of
AP constituted the said committees, but a single meeting of state executive
committee has not been held so far. Hence it is understood that the existing
act cannot protect the rights of the disabled unless the disabled are not
covered by the Constitution like SC and ST.
I have come to know that In 1993 Honorable Supreme Court of India
gave a judgment for allowing the visually challenged to appear for Civil
Services Examinations. In spite of this, Mr. Ravi Aurora had to approach court
again to get the appointment. This is due to the lack of constitutional
protection.
The present social and political trends are very much becoming
benevolent even to provide 33% reservation for non-disabled, like women.
Accordingly We ,the persons with disabilities, also may kindly be given at
least 3% reservation in the Bodies like Grama Panchayathi to Indian Parliament
level.
The last but not the least is as the popular saying goes "The
wearer knows where the shoe pinches". In fact we ,the persons with
disabilities, also kindly are given opportunity to put forward our problems in
Indian Parliament and other legislative bodies which can only be possible if we
are provided 3% political reservation.
It is peculiar to note, that in spite of spending lot of amount on
the education of the Visually challenged and other disabled so far their ideas
and views were not entertained by the concerned authorities but they follow the
colonial ideas and practices of seeking opinion from non-disabled agencies for
the betterment of disabled communities. In short so afar the qualified and
eligible visually challenged were not given their due share in policy making
and implementation of schemes for the betterment of visually challenged it can
be only achieved by; providing 3% reservation in all political bodies.
The constitutional safeguards are essential in the light of
deterioration of moral standards and lowering of sympathies. The educated
visually challenged are neglected by the baeurocrats and politicians due to
their busy schedule such conditions creating hurdles and making the lives of
disabled insecure. It creates uncertainty and indefinite future for the persons
with disabilities due to lack of constitution safeguards.
Lack of scientific approach and irrational ways and means in Govt.
Policies and programs is killing the spirit of development among educated
visually challenged and disabled. The fate and fortunes of genuine disabled are
not fulfilled to the brink of justice for lack of constitutional safeguards.
The persons with disabilities are on the verge of no proper rehabilitation
except beggary without constitutional safeguards. The persons with disabilities
are treated as second class citizens. The constitutional safeguards could only
help to reduce gap between policy making and practical implementation of
welfare schemes for the visually challenged and disabled. Existing three
methods are not helping genuine disabled and educated visually challenged and
hence needed constitutional protection. Government has been unable to cope up
with directive principles of state policy like prohibition of beggary. There is
no bright future for educated visually challenged who is not ensured safety in
the on going legislative act for the betterment of the persons with
disabilities. It is quite evident that government has not taken any measures
to prevent fake disabled, and to promote interaction between educated visually
challenged and government by establishing any definite agency in the present
scenario.
There is greater justification for provision of constitutional protection and
safe guards to the persons with disabilities i.e. Visually Handicapped, Hearing
Handicapped and Orthopaedically handicapped than socially and economically
backward class like SC, ST, BC and Women who have amble chances they are
physically and mentally fit.
In view of all the above circumstances, it is essential to provide
constitutional protection and safe guards to the persons with disabilities.
This is not possible unless we struggle for this. I have read an article in
this regard written by late Sri Lal Advani entitled as battle for security
through legislation. He has quoted that Behraul Islam committee has made
certain recommendations for the same. They are as follows...
GLIMPSES OF THE BEHRAUL ISLAM COMMITTEE REPORT
The first important recommendation of the Behraul Islam Committee
is that articles (15), (16) and (46) of the constitution should be amended. The
following amendments were proposed.
Article 15 (3):
Nothing in this article shall prevent the State from making any
special provision for women, children and physically and mentally disabled
persons.
Article 15 (4):
Nothing in this article or in clause (2) of article 29 shall
prevent the State from making any special provision for the advancement of any
socially and educationally backward classes of citizens or for the Scheduled
Castes and the Scheduled Tribes or physically and mentally disabled persons.
Article 16 (4)
Nothing in this article shall prevent the state from making any
provision for the reservation of appointments of posts in favor of any backward
class of citizens or physically and mentally disabled section of citizens,
which, in the opinion of the State is not adequately represented in the
services under the State.
Article 46:
The State shall promote with special care the educational and
economic interests of the weaker sections of the people, and in particular, of
the Scheduled Castes the Scheduled Tribes and physically and mentally disabled
persons and shall protect them from social injustice and all forms of
exploitation.
There fore I feel it is the hour of need to safe guard ourselves.
We have to struggle collectively to achieve this goal. We have to pressurize
our organizations and political leaders to materialize our goal. This is in the
larger interest of all the community. The welfare of the community should be
the goal of all organizations than personal benefits of the organizations. I
request you all to consider my proposal scrupulously and let me know your ideas
and opinions in this regard.
Thanking you all,
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