Hello
Please test it before you get to the masses.
On clicking the sign link or the submit button it is throwing errors. The
edit boxes too are not properly labeled. The images too, take a long time to
load,
In short there is a lot for you to work on.
Harish.
----- Original Message -----
From: "srinivas.karnati" <[email protected]>
To: <[email protected]>
Sent: Thursday, June 27, 2013 8:14 PM
Subject: [AI] Fw: Your petition is lonely - get it some signatures!
----- Original Message -----
From: Change.org
To: [email protected]
Sent: Thursday, June 27, 2013 6:56 AM
Subject: Your petition is lonely - get it some signatures!
Hi srinivas ,
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Here's an email you can send to your friends right now:
Hello!
I've started the petition "To His Excellency President of
IndiaEnter : advise the union Government and the Indian Parliament" and
need your help to get it off the ground.
Will you take 30 seconds to sign it right now? Here's the
link:
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]
Explain why someone should support this petition
You can sign my petition by clicking here.
Thanks!
srinivas karnati
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Happy birthday for all times; Hellen Keller! June 27.
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