I entirely agree with avinash and I admire his efforts to highlight
issues. I also admire everyone for showing solidarity with mr. pincha,
or for that matter, with  just and right call.



On 12/30/14, Misbah <jnu.mis...@gmail.com> wrote:
> 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 <shahi88avin...@gmail.com> 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 <geo...@eyeway.org> 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:accessindia-boun...@accessindia.org.in] 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 <poonam...@gmail.com> 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 <subhashvashis...@gmail.com> 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 <shahi88avin...@gmail.com>
>>>>> 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
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>>>>>>
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>>>>>>
>>>>>>
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>>>>>>
>>>>>> Disclaimer:
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>>>>>>
>>>>>
>>>>>
>>>>>
>>>>> --
>>>>> 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
>>>>>
>>>>>
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>>>>
>>>> Celebrating Louis Braille birthday Jan4th
>>>>
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>>>
>>> --
>>> Avinash Shahi
>>> Doctoral student at Centre for Law and Governance JNU
>>>
>>> Celebrating Louis Braille birthday Jan4th
>>>
>>>
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>>
>>
>> --
>> Avinash Shahi
>> Doctoral student at Centre for Law and Governance JNU
>>
>> Celebrating Louis Braille birthday Jan4th
>>
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>
>
> --
> MD MISHBAHUL
> PHD RESEARCH SCHOLAR
> CENTER FOR POLITICAL STUDIES,
> JAWAHARLAL NEHRU UNIVERSITY
> DELHI INDIA
>
> Celebrating Louis Braille birthday Jan4th
>
>
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