---------- Forwarded message ----------
From: Anil Sadgopal <[email protected]>
Date: Thu, Aug 20, 2009 at 3:06 AM
Subject: Re: RTE Bill - Right of the disabled and the politics of the Bill.
To "Dr.V.N.Sharma" <[email protected]>,


Dear colleagues in the disability rights movement,



Please accept my salutations for carrying forward the battle for the
Fundamental Right of the disabled children to receive education of equitable
quality (or even more than equitable quality) with dignity!



I am reproducing below my response to Ms. Meenakshi B. of DLU South, Chennai
on the matter of our mutual concern.

The AIF-RTE memorandum to the President is also enclosed in both word and
pdf files for your reference - see page 2, sixth bullet point.

Through my response below, I wish to open a dialogue with you all on the
politics of the Bill.

We are fighting for Constitutional guarantee for a Fundamental Right to be
provided in the Bill, not for oral assurances or rhetorical promises in the
Parliament which have characterized the government’s disdain for India’s
children for the past 60 years. I seek your agreement on this count.

Any PIL must wait until the Bill becomes an Act. And this will need a
careful planning.

Awaiting feedback,

Sincerely,

Anil Sadgopal



*MY RESPONSE TO MS. MEENAKSHI B. OF DLU SOUTH IS REPRODUCED BELOW FOR YOUR
CONSIDERATION*



Dear Meenakshi ji,



Vannakkam!



Apologies for my delayed response. Thanks for the attachments of the UNCRPD
and PWD Act. I needed them and they are invaluable for our struggle.



Here is the AIF-RTE memorandum (in both word and pdf files) to the
President urging her to return the Bill for reconsideration. On page 2, the
sixth bullet point is about disabled children's Right to study in normal
schools and classrooms and changing the concept of disability as per
international definition.



Of course, the Memorandum critiques the basic framework of the Bill and
seeks radical changes in its framework. Without this paradigm change, the
disabled children will also be denied their Right. This is our contention. A
mere inclusion of a phrase (“including disabled children”) in the definition
of the disadvantaged children, I would humbly submit, will not give any
meaningful Right when the entire framework is based on inequality,
discrimination and abdication by the State of its Constitutional
obligations. On the contrary, such a cosmetic change is likely to be
accepted as it allows the government to win legitimacy and applause for an
otherwise discredited Bill.



The least what we should seek is a radical change in the Norms and Standards
in the Schedule in favour of the disabled child and a provision in the Bill
guaranteeing all necessary additional financial investment for integration
of the disabled children in regular classrooms, except in rare
circumstances. For instance, one assistant teacher trained in sign language
is to be provided along with the regular teacher if there is even one
hearing handicapped child in a class of 30 or 40 or the entire text material
to be provided in Braille if there is even one visually handicapped in the
class. The entire teacher education programme would have to be remodeled.
The Chapter V of the PWD Act, referred to in the Proviso of Section 3 (2),
violates the basic spirit of inclusive education as articulated in UNESCO’s
Salamanca Declaration (1994). How can we allow this kind of a Bill?



Please consider this viewpoint and let me have your considered feedback. I
respect and value your feedback as it will come from the focused perspective
of the disabled child.



Regards,



Sincerely,



Anil Sadgopal

 --- On *Sat, 8/8/09, dri.delhi <[email protected]>* wrote:


From: dri.delhi <[email protected]>
Subject: Re: Request to include disability in the agenda of RTE advocacy.
To: [email protected], [email protected]
Cc: [email protected], "Chidambaranathan" <
[email protected]>, "Deepak Thanumalaya meenakshi nathan" <
[email protected]>, "lakshmi sundar" <[email protected]>,
"murali cheshire" <[email protected]>, "sandeep rambhatla" <
[email protected]>, "srishti.mc consolidate" <[email protected]>,
"Vijayakumar Advocate" <[email protected]>, "V. Jayakumar" <
[email protected]>, [email protected],
[email protected], "sudha" <[email protected]>
Date: Saturday, 8 August, 2009, 10:26 AM

 dear rajiv,
the public hearing was held yesterday at jantar mantar and all these issues
have been put up to mr anil sadgopal and other participants in the public
hearing. we   should include all these in the pil. mr sadgopal stated that
disability organisations need to come forward to join this campaign and also
stated that mere assurances  from pm and hrd minister without being
incorporated in the law will be meaningless. thankyou for sending this mail
as this clearly states the support of your alliance.
warmly,
rajive

----- Original Message -----
*From:* Dlu 
South<http://in.mc948.mail.yahoo.com/mc/[email protected]>
*To:* 
[email protected]<http://in.mc948.mail.yahoo.com/mc/[email protected]>
*Cc:* 
[email protected]<http://in.mc948.mail.yahoo.com/mc/[email protected]>;
Chidambaranathan<http://in.mc948.mail.yahoo.com/mc/[email protected]>;
Deepak
Thanumalaya meenakshi
nathan<http://in.mc948.mail.yahoo.com/mc/[email protected]>;
lakshmi
sundar<http://in.mc948.mail.yahoo.com/mc/[email protected]>;
murali
cheshire<http://in.mc948.mail.yahoo.com/mc/[email protected]>;
sandeep
rambhatla<http://in.mc948.mail.yahoo.com/mc/[email protected]>;
srishti.mc
consolidate<http://in.mc948.mail.yahoo.com/mc/[email protected]>;
Vijayakumar
Advocate<http://in.mc948.mail.yahoo.com/mc/[email protected]>;
V.
Jayakumar <http://in.mc948.mail.yahoo.com/mc/[email protected]>;
[email protected]<http://in.mc948.mail.yahoo.com/mc/[email protected]>;
[email protected]<http://in.mc948.mail.yahoo.com/mc/[email protected]>;
sudha <http://in.mc948.mail.yahoo.com/mc/[email protected]>
*Sent:* Thursday, August 06, 2009 4:10 PM
*Subject:* Request to include disability in the agenda of RTE advocacy.

Dear Mr. Anil Sadagopal,

Greetings from Disability Rights Alliance, Tamil Nadu!

We are a group of NGOs, Federations and individual activists formed to
pressurize the State Government to include disability related issues at the
policy and decision making level. This group also advocates whenever there
has been any violation of Human Rights of Disabled People.

We understand that you are in the process of filing a PIL against the
recently passed Right to Education Bill. You may be aware of the Nation wide
protest that the disability sector did on the 3rd of August demanding to
stall the proceedings of the RTE as the Bill discriminates disabled
children.

The demands of the sector were "1. Include disabled children in the
definition of children (disadvantaged) 2. Schools should include and talk
about the infrastructure required for disabled children to be a part of the
mainstream schools. 3. Special Schools must also be a part of the Bill. 4.
The Bill referes to the PWD Act in its Chapter II. But it should have
reference to the United Nations Convention on the Rights of Perseons with
Disabilities (UNCRPD) as the PWD Act itself is insufficient and need to be
amended in lines with the UNCRPD. The Act also lists only few categories of
disabilities.

A couple of representatives from the disability sector for half an hour and
appraised him of our concern.He gave  aword saying that the bill will not be
passed without including our demands.

Despite all this, when the bill came out, it had very ;little or almost
nothing for the disabled children.This is bill is a clear violation of
atleast 2 UN Conventions (i.e) UNCRPD and UNCRC.

Therefore, we would like to know if you would be interested in adding these
points in your PIL / protest as well.

Looking forward to your support for the cause and response for our email.

Thanking You,

With warm regards
Rajiv Rajan
Member
Disability Rights Alliance, Tamil Nadu

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Dr.V.N.Sharma
http://en.wikipedia.org/wiki/User:Dr.V.N.Sharma

"Those who have the privilege to know, have the duty to act." Albert
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