On 6/25/13, srinivas.karnati <[email protected]> wrote:
> Hello!
>
> I've started the petition "To His Excellency President of India: first read
> my petition If you feel it is genuine   Will you take 30 seconds to sign it
> right now? Here's the link: if you already sign please ignore this message.
> I request the moderator to excuse me for re posting this.  at least 100
> members has to sign on it. only 17 members or signed.
>
> http://www.change.org/petitions/to-his-excellency-president-of-indiaenter-advise-the-union-government-and-the-indian-parliament
>
>
> Here's why it's important:
>
> To
> His Excellency Shri Pranab Mukherjee
> Hon'ble President of India
>
> Ref: 135/dwab/2012 Dated: 4th November 2012
>
> Respected Sir,
>
> Sub: Right to equality for persons with disabilities - a proposal for
> constitutional
> Recognition - a humble submission for expeditious action-regarding:
>
> We, on behalf of the Development and Welfare Association of the Blind
> (Andhra Pradesh), in consultation with several other organisations and
> like-minded individuals, hereby submit the following few lines for your kind
> enough consideration and request you with humility to do the needful in the
> direction of providing constitutional remedy to the historic injustice
> inflicted upon the citizens with disabilities in our land of rich heritage
> and culture of co-existence:
> As his Excellency might be fully aware, nearly Three Crore Indians - 3% of
> our population - are officially counted as people suffering from various
> disabilities, visual-impairment, hearing-impairment and other locomotor
> disabilities in particular. Ironically enough, a large proportion of this
> population suffers gross negligence in the hands of our public institutions.
> It is now estimated that nearly Fifteen Million visually-impaired and around
> Sixty-four Million other disabled have been subjected to the cruelties of
> daily life, and almost all of them are living without basic amenities such
> as food, decent clothing, a shelter of their own and minimum education. At a
> time our policy echelons are busy ensuring human rights for other
> marginalised groups, SCs, STs and Women, here are the minuscule minority who
> live away in a shear silence a life that falls below the standards any
> civilisation can ever think of.
>
> We hope his Excellency would agree with us in a candid admission that the
> socio-economic backwardness of persons with disabilities in our country
> stems from nowhere but our own constitution that fails to make any
> meaningful provision for the rights of this scattered community. While
> Articles 14, 15 and 16 of the Constitution took extra-care to ensure the
> right of equality for all citizens in India, with enough safeguards for such
> marginalised sections as SCs, STs and OBCs through affirmative policy in
> education and employment, persons with disabilities have been conveniently
> forsaken in this thwarted war of vote-bank politics. Look at, for example,
> the speed with which Governments in the recent past have moved swiftly and
> brought about 27% reservation for OBCs in education and employment through
> the constitutional Amendment, and the same swiftness that can be seen in the
> present regime's attempt to provide 33% reservation for women through
> another Constitutional Amendment. Persons with disabilities at times really
> feel let down in the present political climate where every community with a
> sizeable Vote-bank and social capital is frequently showered with all policy
> concessions, whereas, persons with disabilities, who are a scattered
> minority at best (with very little advantage for commanding vote-bank
> manoeuvring in a given place), are never taken seriously by our majoritarian
> democracy. Consequently, the real concerns of this genuinely deprived
> community hardly get any attention, whatsoever.
>
> The depiction briefly outlined above may give you an impression that the
> signatories of this letter are unaware of the recent initiatives being
> undertaken by the Governments in favour of persons with disabilities, which
> we wish to clarify in unequivocal terms in the following lines with as much
> precision as possible:
> The socio-economic deprivation of persons with disabilities and a well-found
> recognition that this deprivation is due largely to lack of constitutional
> safeguards is neither entirely new nor has been hidden from the ruling
> regimes of post-independent India. The Government of India under the
> leadership of Sri Rajiv Gandhi set up a committee to consider legislation
> for the physically challenged. Headed by Shri Baharul Islam, a distinguished
> parliamentarian at that time, the Committee was asked inter alia to work out
> the scope, objectives and general scheme of legislation for persons with
> disabilities covering various aspects of prevention, rehabilitation, social
> security and welfare of this section of society.
>
> Baharul Islam Committee submitted its report to the Government in June,
> 1988, with a prime recommendation, among other things, that Articles 14, 15,
> 16 and 46 of the Constitution be amended to include the words "persons with
> disabilities" and "mentally-handicapped" so as to provide constitutional
> recognition to the special circumstances under which the communities these
> underlying words invariably refer to. However, we have no hesitation to
> state that these path-breaking recommendations have been kept in a
> cold-storage by the subsequent Governments, and hardly anyone remembers that
> there was such a Committee set up to recommend the feasible framework for
> including persons with disabilities in the scheme of Indian Constitution.
> What followed thereafter, and still continues till date, in the discourse of
> Indian Disability Law is quite disturbing and remains far short of providing
> any satisfactory solutions to the problem of bringing the disabled citizens
> into the mainstream society.
>
> To put succinctly, there have been nearly a half-dozen legislations enacted
> by the Indian Parliament, each one to address a specific requirement of
> disability. Mental Health Act 1987, Rehabilitation Council of India Act
> 1992, Persons with Disabilities (equal opportunities, protection of rights
> and full-participation) Act 1995, National Trust Act 1998, National Policy
> for Persons with Disabilities 2006 are prominent among them. After India
> signed and ratified the United Nations Convention on Rights of Persons with
> Disabilities (UNCRPD) 2007, however, now there is a new, perhaps a slightly
> renewed, buzz to enact an umbrella legislation for persons with
> disabilities.
>
> With a pinch of apology to his Excellency, we wish to point out that the
> deepest political fraud in the whole discussion on a comprehensive
> legislation for persons with disabilities is that the inherent need for a
> suitable Constitutional Amendment declaring unequivocally that the rights of
> persons with disabilities are as worth protecting as that of any section is
> completely overlooked.
>
> We also feel it is important to clarify at the outset that our unfailing
> stand for a constitutional Amendment in favour of persons with disabilities
> indeed stems largely from the unpleasant experiences often encountered in
> the implementation of various provisions contained in the existing
> legislations with regard to the empowerment of persons with disabilities. To
> take one example: a provision for the reservation of not less than 3%
> vacancies in all Government and Public Sectors in favour of persons with
> disabilities, clearly laid down by Section 33 of Persons with Disabilities
> (equal opportunities, protection of rights and full-participation) Act 1995,
> is never treated on par with the other legal provisions that otherwise
> prescribe 7.5%, 15% and 27% job reservation in favour of SCs, STs and OBCs
> respectively. The obvious explanation is that while the reservation
> provisions of the later type enjoy the Constitutional status, the former
> does not. The nodal Departments/Agencies in charge of implementing these
> provisions often find it extremely difficult to move forward under such
> extraneous legal conditions, and persons with disabilities are the ultimate
> losers in this whole technocratic, legal game. Unsurprisingly enough, the
> Universities' Grants Commission (UGC), the Union Public Service Commission
> (UPSC) and the whole Banking Sector in India took more than a decade to
> implement 3% reservation in favour of persons with disabilities, that too
> only after being sternly reminded by the Hon'ble Supreme Court about their
> lackadaisical approach in dealing with the issue at hand.
>
> We feel quite painful to bring to the kind notice of his Excellency that no
> significant provision in PWD Act of 1995 has so far been readily implemented
> without a final word of interpretation from either State High-court(s) or
> the Hon'ble Supreme-court.
>
> It is our firm conviction that there is a greater justification for the
> Constitutional protection for persons with disabilities than those belonging
> to SC, ST and OBC, because they can always command enough opportunities,
> thanks to their physical fitness and uninterrupted accessibility.
>
> It may also be brought to the notice of his Excellency that apart from such
> developed countries as Canada; even some of the African countries like
> South-Africa and Eritrea have provided specific Constitutional provisions
> for safeguarding the rights of persons with disabilities. We, therefore,
> feel that incorporation of similar provisions in our Constitution would go a
> long way in ensuring persons with disabilities the fundamental right to
> equality enshrined in Part Three of our Constitution.
>
> In the circumstances briefly outlined above, we humbly request his
> Excellency to kindly examine a note of proposals enclosed herewith and
> advise the union Government and the Indian Parliament for an expeditious
> action to move an appropriate Constitutional Amendment for the inclusion of
> persons with disabilities in the Law of the Land.
>
> This appeal drafted and handed over to his Excellency by a School Teacher
> unambiguously reflects the real hopes and aspirations of more than a Three
> Crore challenged Citizens of our Country.
>
> Thanking you in anticipation, Sir!
>
> Sincerely Yours
>
> K. Srinivas
> The Secretary
> [email protected]
>
> PROPOSAL FOR CONSTITUTIONAL AMENDMENT
> IN FAVOUR OF PERSONS WITH DISABILITIES
> 1. Amendment of Article 15(1) and 15(2):
> "The State shall not discriminate against any citizen on grounds only of
> religion, race, caste, sex, place of birth or any of them
> No citizen shall, on grounds only of religion, race, caste, sex, place of
> birth or any of them, be subject to any disability, liability, restriction
> or condition with regard to."
> Incorporation/Alteration/Addition/Deletion: "Disabilities" after the words
> place of birth" and "Disability be removed from (Subject to any disability,
> liability.".
> 2. Addition of new Article 15(3-A):
> Nothing in this Constitution shall prevent the State from making special
> provisions for persons with disabilities in general and for women and
> children with disabilities in particular to ensure that they enjoy benefits
> on an equal basis with others under the law.
> 3. Article 16(2):
> "No citizen shall, on grounds only of religion, race, caste, sex, descent,
> place of birth, residence or any of them, be ineligible for, or
> discriminated against in respect or, any employment or office under the
> State"
> Incorporation of the word "disabilities" after the word residence.
> 4. Explanation to be incorporated after Article 23(1):
> Traffic in human beings and beggar and other similar forms of forced labour
> are prohibited and any contravention of this provision shall be an offence
> punishable in accordance with law
> Explanation: Causing anyone temporary or permanent disability or mental
> impairment or accentuating the same shal also be an offense punishable under
> the Law.
> 5. Insertion of Explanation to Article 29 (1):
> "Any section of the citizens residing in the territory of India or any part
> thereof having a distinct language, script or culture of its own shall have
> the right to conserve the same."
> Explanation:
> For the purposes of this article, while Braille shall also be recognized as
> a distinct Script to be deployed by persons with visual-impairment, Sign
> language shall be recognized as a distinct language to be used by
> hearing-impaired.
> 6. Amendment of Article 30 (1):
> "All minorities, whether based on religion or language, shall have the right
> to establish and administer educational institutions of their choice."
> Explanation: the words "visually-impairment" and "hearing-impairment" should
> be added after "language", with a proviso that persons with
> visual-impairment and hearing-impairment shall have the right to establish
> and administer the educational institutions of their choice.
> 7. Article 41-A:
> State shall ensure that every person with disability shall enjoy all the
> human rights and fundamental freedoms guaranteed by the International
> Treaties, Covenants and Conventions subject to their ratification by
> Government of India. It shall further be obligatory for the State to evolve
> a viable policy framework to implement the same.
> 8. 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 and the Scheduled Tribes, and shall protect them from
> social injustice and all forms of exploitation"
> Incorporation of the words "persons with disabilities" after Scheduled
> Tribes.
> 9. Fundamental Duties:
> Addition of a new duty 51-A (L): Citizens shall renounce discriminatory and
> derogatory practices harming the dignity of persons with disabilities.
> 10. Deletion of Article 102 (1) (b):
> Article 102 (1) (b) which says that a person shall be disqualified for being
> chosen as, and for being, a member of either House of Parliament "if he is
> of unsound mind and stands so declared by a competent court". This clause
> excludes people with psychosocial or intellectual disabilities from
> membership to either House of Parliament and should be deleted.
> 11. Deletion of Article 191 (1) (b): which states that a person shall be
> disqualified for being chosen as, and for being, a member of the Legislative
> Assembly or Legislative Council of a State "if he is of unsound mind and
> stands so declared by a competent court". This clause excludes people with
> psychosocial and intellectual disabilities from membership to the
> Legislative Assembly or Legislative Council of a State and should be
> deleted.
> 12. Article 243D: Reservation of seats
> Addition of sub clause(C) with the words "and persons with disabilities"
> after 243D (1) (b) is prayed for.
> 13. Article 243T:
> Clause 1
> Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in
> every Municipality and the number of seats so reserved shall bear, as nearly
> as may be, the same proportion to the total number of seats to be filled by
> direct election in that Municipality as the population of the Scheduled
> Castes in the Municipal area or of the Scheduled Tribes in the Municipal
> area bears to the total population of that area and such seats may be
> allotted by rotation to different constituencies in a Municipality
> Insertion of words "and persons with disabilities" after Scheduled Tribes in
> Clause (1).
> Clause 2
> Not less than one third of the total number of seats reserved under clause (
> 1 ) shall be reserved for women belonging to the Scheduled Castes or, as the
> case may be, the Scheduled Tribes
> Proviso to Article 243T (2): Provided that 5% seats shall be reserved for
> women with disabilities.
> Clause 3
> Not less than one third (including the number of seats reserved for women
> belonging to the Scheduled Castes and the Scheduled Tribes) of the total
> number of seats to be filled by direct election in every Municipality shall
> be reserved for women and such seats may be allotted by rotation to
> different constituencies in a Municipality
> Clause (3) addition of words "and women with disabilities" after Scheduled
> Tribes.
> 14. Addition to Article 325:
> Insert "and disability" after "grounds of religion, race, caste, sex or any
> of them". Then, no person with disability shall be ineligible for inclusion
> in, or to claim to be included in a special, electoral role.
> 15. Modification to Article 326:
> Delete "unsoundness of mind" after "ground of non residence". This shall
> stop the exclusion of people with psychosocial and intellectual disability
> as eligible for registration as a voter at Elections to the House of the
> People and to the Legislative Assemblies of States.
> 16. Modification to Article 343:
> "The official language of the Union shall be Hindi in Devanagari script. The
> form of numerals to be used for the official purposes of the Union shall be
> the international form of Indian numerals."
> Sign language to be recognized as official language. This shall then be
> recognized as a language that can be used in the Legislature (Article 210).
>
> 17. Addition to Article 350:
> "Language to be used in representations for redress of grievances. Every
> person shall be entitled to submit a representation for the redress of any
> grievance to any officer or authority of the Union or a State in any of the
> languages used in the Union or in the State, as the case may be."
> Explanation: This shall include sign language for the people with hearing
> and speech impairment.
> 18. Insertion of Explanation to Article 350 A:
> "It shall be the endeavour of every State and of every local authority
> within the State to provide adequate facilities for instruction in the
> mother tongue at the primary stage of education to children belonging to
> linguistic minority groups..."
> Explanation: For the purposes of this Article, sign language to be
> recognized as mother tongue for the people with hearing and speech
> impairment.
> 19. Insertion of Explanation to Article 350 B:
> "Special Officer for linguistic minorities"
> Explanation: People with hearing and speech impairment to be recognized as a
> linguistic minority for purposes of this Article.
> 20. Schedule VII:
> Insertion of Entry 25-A List III Schedule VII: Higher Education of persons
> with disabilities and Establishment of Institutions for their empowerment
> and rehabilitation.
> Insertion of Entry 25-B List III - Human Rights of persons with disabilities
>
> 21. Addition to Eighth Schedule:
> Sign language should be added as a scheduled language in the Eighth Schedule
> of the Constitution.
> With regards
>
> Yours sincerely,
>
> (K. SRINIVAS)
> SECRETARY
> Email [email protected]
>
> Mobile 09490589531
>
>
>
>
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