vow! Mr. chief commissioner! great!

On 2/28/14, SC Vashishth <[email protected]> wrote:
> From reliable sources, I have obtained the following letter sent  by the
> Chief Commissioner- Disabilities to the Hon'ble Prime Minister today
> morning in light of the Cabinet Meeting, on the lathicharge and also move
> to bring in an ordinance. Worth reading...
>
>
>
> Ref.No.01-9/CCD/2011                              Dated: 28th February,
> 2014
>
>
>
>
> Respected Prime Minister
>
>
>
>
>
> I am the Chief Commissioner for Persons with Disabilities appointed by your
> government.  I am writing to you because of certain recent developments,
> which could cause both national and international embarrassment to the
> country and therefore your personal intervention is necessary.
>
>
>
> The Ministry of Social Justice and Empowerment introduced the Rights to
> Persons with Disabilities Bill 2014 in the Rajya Sabha in January. The Bill
> was introduced in fulfilment of our international commitment to bring the
> Indian law in conformity with the United Nations Convention on the Rights
> of Persons with Disabilities which India has since ratified. A large number
> of disability rights activists found the Bill to fail on the CRPD standard
> and consequently the Chairperson of the Rajya Sabha referred the Bill to a
> House Committee.
>
>
>
> Subsequently, a number of rumours started to float that the government
> intends to bring the Bill in the shape of an ordinance, which was
> problematic because disability rights is not an unoccupied legislative
> field. The Persons with Disabilities (Equal Opportunities, Protection of
> Rights and Full Participation) Act, 1995 already controls the area. If the
> Bill of 2014 is promulgated as Ordinance, it cannot become operable unless
> the Act of 1995 is repealed. The Act of 1995 has empowered a series of
> individuals, bodies and authorities to implement the statute; all these
> entities would become dysfunctional if the Act of 1995 is repealed but
> there would be no time to establish and render functional the new
> authorities because an ordinance can remain operable for a maximum period
> of seven and a half months without obtaining parliamentary approval. The
> enactment of the Bill through the Ordinance route will obtain no benefit to
> the 13 new impairments, which the Government intends to include in the
> Ordinance; but would create an enforcement vacuum even for the disabilities
> already included in the 1995 Act.
>
>
>
> I have also come to know that the government is not planning to promulgate
> the Disability Bill of 2014 as an Ordinance but is planning to promulgate
> an Ordinance for the limited purpose of amending the Persons with
> Disabilities Act of 1995 by including impairments which have been long
> excluded from the benefit of the law. This amendment of the definition of
> disability in the Act of 1995 will be supported by the entire disability
> community.
>
>
>
> However since no statement has been issued by the government on the
> substantive content  of the  Ordinance that is to be promulgated and the
> enactment of Bill as Ordinance would cause irreparable harm to persons with
> disabilities, they have been agitating against the Ordinance in the length
> and breadth of the country. Some of them I am given to understand were
> injured in police lathi charge whist agitating outside the AICC and the
> Congress Vice-President's office. Whilst the Indian media has not covered
> the occurrence (except The Hindu dated 28.02.2014), it has been widely
> covered in the social media and I am receiving innumerable calls and
> e-mails from colleagues outside the country as to how a country which has
> ratified the CRPD can so deal with its persons with disabilities.
>
>
>
> In the circumstances, I am writing to urge your office to issue a statement
> that the proposed Ordinance only aims to amend the Act of 1995 and not to
> enact the Disability Rights Bill of 2014. This statement from your office
> will restore peace and assuage the tempers of a highly agitated community
> and also give out a clear message to the international community that India
> is totally sworn to its international commitments.
>
>
>
> I am sir, the first person with disability who has been appointed as the
> Chief Commissioner for Persons with Disabilities and am committed to the
> cause both personally and officially. I would be more than willing to brief
> you in person in the matter, if I am granted an appointment.
>
>
>
> With warm regards,
>
> Yours Sincerely,
>
>
>
>
>
>   ( P .K. Pincha )
>
>
>
>
>
> Shri Manmohan Singh
>
> Hon'ble Prime Minister of India,
>
> South Block, Raisina Hill,
>
> *New Delhi - 110 011*
>
>
>
>
>
> Copy to:  Hon'ble Minister for Social Justice & Empowerment, Govt. of
> India, Shastri  Bhawan, New Delhi-110001
>
>
>
>
> --
> Warm regards,
>
> Subhash Chandra Vashishth
> Mobile: +91 (11) 9811125521
> Please don't print this e-mail unless you really need to. Consider
> environment!
>
>
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>
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