Good job Sir, keep it up, it isgood way of
 making awareness and  sensitive language. thanks
On 1/28/16, National Platform For The Rights of the Disabled
<nprd...@gmail.com> wrote:
> *January 28, 2016*
>
>
>
>
>
> *Smt Maneka Gandhi*
>
> *Minister for Women & Child Development*
>
> *New Delhi*
>
>
>
> *Dear Maneka ji, *
>
>
>
> We are pained to read a statement purported to have been made by you with
> regard to the Rights of Persons with Disabilities Bill, 2014 (RPD Bill).
> You have been quoted as saying that “*It (Bill) does not differentiate
> between mentally ill and mentally disabled person. But there is a
> difference between the two. If a person is mentally ill like schizophrenic,
> how can he be given a job*".
>
>
>
> It needs to be emphasised that disability is a heterogeneous issue and each
> and every category of impairment has its own limitations.
>
>
>
> It is a fact that persons with impairments may not be able to perform all
> kinds of jobs. But this is as true with persons who have no
> impairment/disability. Therefore it is fallacious to conclude that it is
> only persons with mental illness who are incapable of being employed.
>
>
>
> It would be pertinent to point out that persons with mental illnesses,
> including those with schizophrenia, have the right to work under current
> Indian law. In a 2010 judgment, the Bombay High Court upheld the right to
> be employed, of a man who was diagnosed with schizophrenia, and who was
> forced to resign from his job at the Shipping Corporation of India, because
> the employer refused to transfer him to a shore-based position (Edward
> D’Cunah v Commissioner for Persons with Disabilities). The High Court held
> in this case, that under Section 47 of the Persons with Disabilities Act,
> 1995, the Shipping Corporation had a statutory duty to accommodate an
> employee diagnosed with schizophrenia, by transfering him to another
> suitable position. The High Court ended with the following words by Tagore:
> “The problem is not how to wipe out the differences but how to unite with
> the difference intact”. This judgment was affirmed by the Supreme Court of
> India in October 2013.
>
>
>
> Needless to add that having ratified the United Nations Convention on the
> Rights of Persons with Disabilities, India has the obligation to protect
> the right to work of all persons with disabilities, including those with
> mental illnesses. Every jurisdiction which has an evolved framework of
> anti-discrimination laws for persons with disabilities – such as the
> Americans with Disabilities Act, 1990; the Australian Disability
> Discrimination Act, 1992 or the Equality Act, 2010 of the United Kingdom –
> contains the same rights and protections for all persons with disabilities,
> including those with mental illnesses.
>
>
>
> There are any number of examples that can be given of persons with
> schizophrenia, performing well in high level jobs. John Nash, the famous
> mathematician and recipient of the Noble Prize is one such example. In
> India too there are a number of successful people who have different types
> of mental health issues. While some have come out and talked about their
> disabilities, most of them try to conceal it, given the stigma attached to
> the issue.
>
>
>
> We feel your statement will make such persons more vulnerable. They may
> feel a threat to their jobs and livelihood. Many may even refrain from
> seeking medical and social assistance. In our opinion this is a damaging
> and sweeping statement that has been attributed to you.
>
>
>
> We request you to have meetings with organisations/persons working with
> those having psychosocial disabilities so that you can have a clearer
> picture.
>
>
>
>
>
> Yours truly
>
>
>
>
>
>
>
>
>
> *(Muralidharan)*
>
> *Secretary*
>
> *National Platform for the Rights of the Disabled (NPRD)*
>
>
>
>
>
>
>
> *Copy: Shri **Thaawar Chand Gehlot, Minister for Social Justice &
> Empowerment*
>
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>
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-- 
Pankaj Singh Kushwaha,  Ph.D.:  Research Scholar,
Centre for European Studies,
School of International Studies "SIS",
Jawaharlal Nehru University, New Dehli 110067.
Mobile no: +919868610216.
Email: justicewith...@gmail.com or pankaj.jn...@gmail.com
institutional E_mail: pankaj44_...@jnu.ac.in
Convener: JNU Visually Challenge Forum 2015-2016


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