Agreed! Also, it is time the Department of Disability Affairs also takes on
board people with disability to ensure  meaningful plans and transparency
an urgency in implementation.


-----Original Message-----
From: AccessIndia [mailto:[email protected]] On Behalf
Of Mahesh S. Panicker
Sent: 01 March 2014 13:16
To: AccessIndia: a list for discussing accessibility and issues concerning
the disabled.
Subject: Re: [AI] Chief Commissioner Disabilities writes to the Prime
Minister on Lathicharge at AICC HQs & RPD Bill Ordinance

The demand that the CCPD or the proposed equivalent should be headed
by a disabled and for majority representation of the disabled in these
bodies should be an absolute non-negotiable when the bill gets taken
up.

On 3/1/14, HARSHVARDHAN SINGH NEGI <[email protected]> wrote:
> We must thank to Chief commisioner. Exactly Same thing in my mind that
why
> Govt did not aggree to appoint disable for the chief post.
> Thanks
> HS Negi
>
> ----- Original Message -----
> From: "Radha" <[email protected]>
> To: "AccessIndia: a list for discussing accessibility and issues
> concerningthe disabled." <[email protected]>
> Sent: Friday, February 28, 2014 2:18 PM
> Subject: Re: [AI] Chief Commissioner Disabilities writes to the Prime
> Minister on Lathicharge at AICC HQs & RPD Bill Ordinance
>
>
>> just a  single word of thanks can't  express our gratitude chief
>> commissioner sir.
>> you really rock!
>>
>> On 2/28/14, Mahesh S. Panicker <[email protected]> wrote:
>>> This is why they don't want to appoint a disabled to head the proposed
>>> national Commission!!.
>>> Bravo, Chief Commissioner!. Proud of the power of your conviction and
>>> courage, even at the face of the mainstream media blanking out the
>>> police crackdown and the legitimate protest by the disabled activists.
>>>
>>> On 2/28/14, Poonam <[email protected]> wrote:
>>>> 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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>>>
>>>
>>> --
>>> Mahesh S. Panicker
>>> Assistant Professor, Department of Political Science,
>>> Lady Shri Ram College, Lajpat Nagar
>>> New Delhi 110024
>>>
>>>
>>>
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>>
>>
>> --
>> Cheers,
>> Radha
>> "Everything you want in your life is waiting for you an inch outside
>> your comfort zone, and an inch inside your effort."
>>
>>
>>
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>
>
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-- 
Mahesh S. Panicker
Assistant Professor, Department of Political Science,
Lady Shri Ram College, Lajpat Nagar
New Delhi 110024



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