Thanks Avi for this timely peace. Mr. Pincha has indeed done wonder for disability rights movement in this country. It is He who galvanized the numbers of disabled activist to look towards this watchdog institution as a ray of hope in the time of the crises despite its governmental and bureaucratic nature. I would not be indeed wrong to assert that even the general awareness about the office of Chief Commissioner and State Commissioners reached to its peak because of the dedication of Mr. Pincha towards the aspirations of the disabled. It was he who was (being a blind persons and hence having the first hand experience of issues) not only formulated the uniform scribe policy in a democratic manner with the participation and consultation of numerous NGO’s, but also directed in a strong word to ministry concern to implement this policy at its earliest. I’ve seen the numerous issues problems raised/discussed over this very platform of blind students/ activist and in most of them the solutions which were suggested were to reach the CCPD. It aptly demonstrates the faith and expectations of the desired group against an institution solely made for redressing grievances of disabled persons. I would not wish to delve into the facts put up by Poonam because that is the way in which (in my opinion) most of the corrupt governmental bureaucratic offices functions in India. The entire focus of the disability activism should be towards the formation of the NCPD and securing nature, functioning and formation in accordance of the UN treaty for the disabled. If we failed to achieve the same than empowerment of disabled will may remain a distant dream. The way this office functions and mainly the way its bosses take it can be understood from one of the judgment of Mr. Pincha which I’ll quote here” It was observed that the respondent Department had initiated action in respect of tabling of the Annual Reports of the Chief Commissioner together with the Action Taken Report on or around the time communication from this Court in the matter was sent to the respondent Department. In some cases the respondent Department waited for months, perhaps in some cases for years for the inputs of the State Governments. Incidentally, it is the primary responsibility of the Central Government to act on the recommendations of the Chief Commissioner and table an Action Taken Report along with Chief Commissioner’s corresponding Annual Report before the Parliament in so far as they relate to the Central Government. Therefore, the respondent’s plea that the respondent was awaiting inputs from the State Governments stands only on sand’s foundation. It was improper to attribute the delay/omission/lapse on the part of the respondent to the State Governments. Therefore, this Court, taking a very serious view of the matter in which the statutory institution of the Chief Commissioner created under an Act of Parliament and vested with some judicial powers was being taken lying down by the respondent Department which is solely dedicated for the advancement and empowerment of persons with disabilities. This was evidenced from the fact that the respondent Department did not depute an officer of an appropriate rank to represent itself. Even in the past, there had been occasions in relation to some other case, where not only the Department of Disability Affairs did not depute any representative at all but it also did not bother to show the minimum courtesy of sending a written communication asking for an adjournment, etc. Even some important communications sent out by this Court failed to elicit any response despite more reminders than one(Case No. 464/1141/13-14).”
On 12/30/14, avinash shahi <[email protected]> wrote: > Dear sir > > In cyber world, identity of an individual is of less consequence if > she writes substance all the time. > In fact on Access India group, I don't know more than 25 people > personally but there are more than 3 thousand, they say. > On 12/30/14, George Abraham <[email protected]> wrote: >> Dear Avinash, >> Who is Poonam? Do you know her? She writes extremely well! I enjoyed her >> style of writing. Even during the RPD movement earlier this year, she had >> made some very well crafted interventions. >> >> -----Original Message----- >> From: AccessIndia [mailto:[email protected]] On >> Behalf >> Of avinash shahi >> Sent: 30 December 2014 15:52 >> To: AccessIndia: a list for discussing accessibility and issues >> concerning >> the disabled. >> Subject: Re: [AI] A CCPD to be emulated,By Avinash Shahi >> >> Amen Poonam >> >> I was in little loop of what's cooking in the DDA.. And have no >> hesitation in publically expressing my as usual nerving view, there is >> co-option taking place from the disability sector. When UPA was in >> power one powerful individual was in close nexus. now, similar attempt >> is being waged by another individual. In my piece, I wanted to dwell >> over what happened in NT since Mr Pincha assumed the additional >> charge, but except Mr Gaitkari's circulated mail had no other source >> to draw information from any publication. Unless someone formally >> succeeds the incumbent, The extension application of outgoing Chief >> commissioner should have been approved as it is a normal practice in >> governmental offices. But as you rightly enlightened us conflict of >> interest has got the better of rational decisionmaking. Hope all such >> revelations make all of us more alert. Politics of representation is a >> genuin cry of disability sector which should not be comprimised in >> NCPD of RPD Bill which is likely to be taken up in upcoming Budget >> session. >> Cheers >> On 12/30/14, Poonam <[email protected]> wrote: >>> Dear all, >>> >>> It is with immense sense of pride that i too wish to echo sentiments >>> similar to those expressed by avinash and mr. Subhash Vashishth. No >>> doubt, the outgoing chief commissioner did legendary and cutting-edge >>> work which all of us as persons with disabilities will cherish for all >>> time to come. >>> >>> To put it succinctly, all that transpired with the outgoing chief >>> commissioner mr. Pincha is a classic case of conviction, commitment, >>> calibre and integrity getting brazenly sacrificed at the altar of the >>> whims and designs of some downrightly dishonest and cronically corrupt >>> politicians and bureaucrats who occupy important positions in the >>> power that be. It is no wonder therefore that unlike two of his >>> non-disabled predecessors, he did not get extension even for a >>> single day beyond his tenure. Needless to say that one of these two >>> past chief commissioners got extension by six months while the other >>> by nine months. >>> >>> It is common knowledge that towards the end of his tenure, mr. Pincha >>> came to head two statutory bodies as he was assigned additional charge >>> of chairperson of the national trust. While we are all aware of the >>> unprecedented work he did as chief commissioner, many of us are >>> perhaps not aware of the path-breaking work he did in the national >>> trust during his short tenure of barely two months. Incidentally, >>> national trust was in the grip of unprecedented crisis owing to brazen >>> malpractices resorted to by its erstwhile CEO on one hand, and all >>> kinds of bad blood between the erstwhile CEO and the erstwhile >>> chairperson. >>> >>> Mr Pincha took courage in both his hands and started moving heaven and >>> earth through a series of corrective measures and bold initiatives for >>> setting things right in the national trust and for which he had to pay >>> a price. >>> To quote only a few examples, mr. Pincha had the courage to terminate >>> the contractual appointment of one pankaj kumar who was engaged by the >>> erstwhile CEO of the national trust to work in the office of the >>> Minister of State at the cost of the national trust. Clearly, he >>> incurred the wrath of the concerned minister. Similarly, mr. Pincha >>> also terminated the contractual appointment of another person who was >>> engaged by the erstwhile CEO apparently for some other purpose but >>> actually to serve at his residence. In another move, mr. Pincha >>> ordered immediate stoppage of some illegally allotted work to the >>> tune of about 75 lakh rupees. Clearly, this work was allotted with >>> ulterior motives. The said work relating to MIS and website was >>> allotted flouting all norms. >>> It would also be quite in context to note that the outgoing chief >>> commissioner mr. Pincha is also a victim of conflict of interest >>> because the present incumbent secretary to the department of >>> disability affairs, government of india, who is retiring tomorrow is >>> also an aplicant for the post of chief commissioner as she is looking >>> for post retirement engagement. This also strengthens the larking >>> suspicion that mr. Pincha's extension was not processed objectively >>> and impartially. The very fact that mr. Pincha was given additional >>> charge of the national charge also serves as an acknowledgement of his >>> competence. Besides, one fails to understand why fresh appointment to >>> the post of chief commissioner should at all be made when the chief >>> commissioner will be replaced by a National Commission when the RPD >>> bill becomes the law. This also justified mr. Pincha's continuence in >>> office at least for sometime. >>> >>> It is indeed unfortunate that even in the face of all these, the >>> organisations of persons with disabilities in general and those of the >>> blind in particular are so utterly silent. Thanks however to the >>> veteran octogenarian leader mr. J. P. Gadkari of Parivar, which is a >>> confederation of parents of persons with intellectual and >>> developmental disabilities who, despite his current state of health, >>> is fighting alone. I guess a public interest litigation in respect of >>> the national trust is also in the offing . >>> >>> I have narrated the above facts for all to know and also to circulate >>> to others including to the PMO and the ministry of MSJE. >>> >>> >>> Regards, >>> Poonam. >>> >>> >>> >>> >>> On 12/29/14, SC Vashishth <[email protected]> wrote: >>>> Avinash, No doubt, this article encapsulates the successful stint of >>>> Mr. >>>> Pincha as CCPD. Hope the new CCPD when selected by GOI will be a person >>>> from the sector and will have the guts to take on the establishment for >>>> negating the rights to the persons with disabilities. >>>> >>>> On 29 December 2014 at 13:53, avinash shahi <[email protected]> >>>> wrote: >>>> >>>>> http://icareinfo.in/a-ccpd-to-be-emulated/ >>>>> >>>>> Shri Prasanna Kumar Pincha, whose stint as the Chief Commissioner of >>>>> Persons with Disabilities (CCPD) ended on December 27 2014, has left >>>>> an indelible ink on the disability movement in the country. The CCPD >>>>> is appointed by the Government of India as per the Section 57 of the >>>>> Persons with Disability Act, 1995. Being totally blind by birth, his >>>>> visionary intent and foresightedness is palpable in his groundbreaking >>>>> judgments >>>>> >>>>> In February 2013, His Office issued the comprehensive uniform >>>>> guidelines for conducting examinations for persons with disabilities. >>>>> This Office Memorandum is hailed as pathbreaking judgment by any CCPD >>>>> since the establishment of the office in 1998. Stories abound that >>>>> Students with disabilities are often discriminated in the entrance >>>>> examinations by the exam conducting authorities. 26 Febuary 2013 >>>>> judgment is a big step forward towards putting an end to such >>>>> humiliation. As a result of that ruling, the Kerala High Court >>>>> directed the University Grants Commission to provide NET exam question >>>>> papers in Braill to all print-disabled examinees. Following that >>>>> order, UGC has been providing questionpapers in Braille since June >>>>> 2014. >>>>> >>>>> His Office also took suo-motu notice against the ministry (MSJE) under >>>>> which it operates. Mr Pincha summoned MSJE official for not reviewing >>>>> the list of identified posts as stipulated under the section 32 of the >>>>> PWD Act. Section 32 of the PWD calls upon the State to review/update >>>>> the list of identified posts after every 3 years. In the order >>>>> delivered on 23 November 2012, He directed the Ministry of Social >>>>> Justice and empowerment to notify the updated list of identified posts >>>>> and comply within one month. Consequently, the government of India >>>>> published the newly updated list in early 2013. >>>>> >>>>> In the whole of February this year, disability rights activists staged >>>>> a successful countrywide movement. It aimed to prevent the passage of >>>>> anti-disabled RPD Bill which government of that time seemed adamant to >>>>> legislate in haste without discussion. Delhi Police even batoned >>>>> peaceful protesters which attracted strong condemnation from the CCPD. >>>>> Unexpectedly, when the last parliament session of the UPA II >>>>> government got over, it again stepped-up its efforts to bring RPD Bill >>>>> through an ordinance. When the ordinance route seemed imminent, Mr >>>>> Pincha, went out of the box and wrote a letter to the prime minister >>>>> expressing his reservation against the unconstitutional ordinance. His >>>>> avowed commitment towards ensuring non-discrimination and protection >>>>> of the rights of persons with disabilities was evident from the letter >>>>> which he wrote to the former prime minister Manmohan Singh. >>>>> >>>>> Mr Pincha's pioneering legacy of disability advocacy is a solid >>>>> Launchpad which needs to be strengthened by the prospective CCPD. >>>>> During his tenure he has galvanized the recently established >>>>> department of Disability Affairs' which is responsible for dispersing >>>>> funds and overseeing its actual implementation. His unblemished >>>>> trackrecord and unflinching commitment towards espousing the rights of >>>>> persons with disabilities should serve as the eye-opener for the >>>>> government. And next CCPD should also be appointed who is a person >>>>> with disability of high repute. >>>>> >>>>> Avinash Shahi is a PhD student at Centre for The Study of Law and >>>>> Governance JNU >>>>> >>>>> >>>>> >>>>> -- >>>>> Avinash Shahi >>>>> Doctoral student at Centre for Law and Governance JNU >>>>> >>>>> Celebrating Louis birth centenary Jan4th >>>>> >>>>> >>>>> >>>>> Register at the dedicated AccessIndia list for discussing >>>>> accessibility >>>>> of >>>>> mobile phones / Tabs on: >>>>> >>>>> >> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessin >> dia.org.in >>>>> >>>>> >>>>> Search for old postings at: >>>>> http://www.mail-archive.com/[email protected]/ >>>>> >>>>> To unsubscribe send a message to >>>>> [email protected] >>>>> with the subject unsubscribe. >>>>> >>>>> To change your subscription to digest mode or make any other changes, >>>>> please visit the list home page at >>>>> >> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>>>> >>>>> >>>>> Disclaimer: >>>>> 1. Contents of the mails, factual, or otherwise, reflect the thinking >> of >>>>> the person sending the mail and AI in no way relates itself to its >>>>> veracity; >>>>> >>>>> 2. AI cannot be held liable for any commission/omission based on the >>>>> mails >>>>> sent through this mailing list.. >>>>> >>>> >>>> >>>> >>>> -- >>>> Warm regards, >>>> >>>> Subhash Chandra Vashishth >>>> Mobile: +91 (11) 9811125521 >>>> Please don't print this e-mail unless you really need to. Consider >>>> environment! >>>> Celebrating Louis Braille birthday Jan4th >>>> >>>> >>>> >>>> Register at the dedicated AccessIndia list for discussing accessibility >>>> of >>>> mobile phones / Tabs on: >>>> >> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessin >> dia.org.in >>>> >>>> >>>> Search for old postings at: >>>> http://www.mail-archive.com/[email protected]/ >>>> >>>> To unsubscribe send a message to >>>> [email protected] >>>> with the subject unsubscribe. >>>> >>>> To change your subscription to digest mode or make any other changes, >>>> please >>>> visit the list home page at >>>> >> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>>> >>>> >>>> Disclaimer: >>>> 1. Contents of the mails, factual, or otherwise, reflect the thinking >>>> of >>>> the >>>> person sending the mail and AI in no way relates itself to its >>>> veracity; >>>> >>>> 2. AI cannot be held liable for any commission/omission based on the >>>> mails >>>> sent through this mailing list.. >>>> >>> >>> Celebrating Louis Braille birthday Jan4th >>> >>> >>> >>> Register at the dedicated AccessIndia list for discussing accessibility >> of >>> mobile phones / Tabs on: >>> >> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessin >> dia.org.in >>> >>> >>> Search for old postings at: >>> http://www.mail-archive.com/[email protected]/ >>> >>> To unsubscribe send a message to >>> [email protected] >>> with the subject unsubscribe. >>> >>> To change your subscription to digest mode or make any other changes, >> please >>> visit the list home page at >>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>> >>> >>> Disclaimer: >>> 1. Contents of the mails, factual, or otherwise, reflect the thinking of >> the >>> person sending the mail and AI in no way relates itself to its veracity; >>> >>> 2. AI cannot be held liable for any commission/omission based on the >> mails >>> sent through this mailing list.. >>> >> >> >> -- >> Avinash Shahi >> Doctoral student at Centre for Law and Governance JNU >> >> Celebrating Louis Braille birthday Jan4th >> >> >> >> Register at the dedicated AccessIndia list for discussing accessibility >> of >> mobile phones / Tabs on: >> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessin >> dia.org.in >> >> >> Search for old postings at: >> http://www.mail-archive.com/[email protected]/ >> >> To unsubscribe send a message to >> [email protected] >> with the subject unsubscribe. >> >> To change your subscription to digest mode or make any other changes, >> please visit the list home page at >> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >> >> >> Disclaimer: >> 1. Contents of the mails, factual, or otherwise, reflect the thinking of >> the person sending the mail and AI in no way relates itself to its >> veracity; >> >> 2. AI cannot be held liable for any commission/omission based on the >> mails >> sent through this mailing list.. >> >> >> Celebrating Louis Braille birthday Jan4th >> >> >> >> Register at the dedicated AccessIndia list for discussing accessibility >> of >> mobile phones / Tabs on: >> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >> >> >> Search for old postings at: >> http://www.mail-archive.com/[email protected]/ >> >> To unsubscribe send a message to >> [email protected] >> with the subject unsubscribe. >> >> To change your subscription to digest mode or make any other changes, >> please >> visit the list home page at >> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >> >> >> Disclaimer: >> 1. Contents of the mails, factual, or otherwise, reflect the thinking of >> the >> person sending the mail and AI in no way relates itself to its veracity; >> >> 2. AI cannot be held liable for any commission/omission based on the >> mails >> sent through this mailing list.. >> > > > -- > Avinash Shahi > Doctoral student at Centre for Law and Governance JNU > > Celebrating Louis Braille birthday Jan4th > > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > -- MD MISHBAHUL PHD RESEARCH SCHOLAR CENTER FOR POLITICAL STUDIES, JAWAHARLAL NEHRU UNIVERSITY DELHI INDIA Celebrating Louis Braille birthday Jan4th Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
