Yes, I took notes on my laptop.

On 3/17/17, Aruni Sharma <aruni...@gmail.com> wrote:
> Hi. This is very impressive deed and also your observations at the end are
> very apt. Did you take notes on your laptop?
>
> Thanks and regards
> Aruni Sharma
>
> Associate prof. JNPG College
>
> Lucknow
> Sent from my iPhone 5S
> Connect with me:
> skype: arunisha...@outlook.com
> facebook; arunisharma
> twitter: twitter.com/arunisharma
>
>> On 17-Mar-2017, at 12:36 AM, Mahendra Galani <gal...@chello.at> wrote:
>>
>> wonderful note Avinash.
>> At 11:28 PM 3/16/2017 +0530, you wrote:
>>> My notes from the seminar: “challenges in the implementation of the RPD
>>> Act† 2016 organised by the office of Chief Commissioner of Persons with
>>> Disabilities Date: 16th March 2017 Venue: Bharatiya Pravasi Kendra
>>> Chanakyapuri Inaugural session Speaker: SK Prasad gave an overview of the
>>> seminar. Speaker: Joint Sec and chairperson of National Trust Mr Mukesh
>>> Jain Mr Jain:  “though the audience is not very big, but the all
>>> sitting here have the capacity to change the sector manifold†. Mr Jain:
>>> disability does not reside within individuals but it exists in the
>>> society. Mr Jain: there are 3 kind of challenges to implement the RPWD
>>> Act.  1. Substantive challenges: how to make intervention at the ground
>>> level. Healthcare, education and employment fall under substantive
>>> challenges. Mr Jain: disability policy should not be the afterthought, it
>>> should be built in all the policies. Challenge II: structural challenges
>>> Mr Jain: how to make all people with disabilities aware about the
>>> provisions under the RPWD Act. If we are able to achieve this, majority
>>> of our challenges will go away. Mr Jain: 2.68 crores people with
>>> disabilities are not sitting only in Delhi and Mumbai, they  are their in
>>> the villages and making them aware about their rights should be the key.
>>> Mr Jain: if we are to bring accessibility, we will have to train,
>>> municipal workers, and the other stakeholders such as SP, DSP and the
>>> Majistrates. Mr Jain: removal of prejudice against PWDS. Publick
>>> employers should be made aware of the skills of PWDS. Mr Jain: procedural
>>> challenge: all state CCPD offices should become the centre for the
>>> monitoring and coordinating of the schemes. Speaker: KK Pandey (CCPD) Mr
>>> Pandey: though the numbers comprising of state commissioners, NGO
>>> representatives government officials and the researchers are less but we
>>> should not forget you are the seed which will germinate and bring out the
>>> necessary change required in the country. Mr Pandey: In Maharashtra,
>>> Gulab Ray Maharaj was the one blind ‘divyang’ who wrote 150 books
>>> thousand years ago. Mr Pandey: ‘Divyang’s have always contributed for
>>> the nation. They are not burdens what they need an opportunity. Of late
>>> science has won over disability. Anyone can become ‘divyang’ so we
>>> all should be aware about its challenges. Mr Pandey: In the last 2 and a
>>> half years, the government of India has organized more than 4 thousand
>>> equipment distribution camps and moore than 6 lakhs ‘divyang’ have
>>> got benefited. The government had to incur around Rs 4 crore for this
>>> initiative. Mr Pandey: We are now moving from the charity approach to the
>>> rights approach. Mr Pandey: the government wants to implement the RPWD
>>> Act on the Ambedkar Jayanti on 14th April 2017. Remember the PWDA 1995
>>> took 3 years to see its rules notified. You can thus see the commitment
>>> of the Modi Government. Mr Pandey: There is no fixed format in the
>>> disability sector. Its evolving and we have to remain vigilance. Its not
>>> a sector where trade union operates. We have to find solution with
>>> consensus in the sector. Mr Pandey: There is need to give opportunity to
>>> all ‘divyangjan’ of the country. I end here Thank you. Speaker: N S
>>> kang Secretary DEPWD Mr Kang: The government and the civil society need
>>> to work in tendom to see that the law is implemented effectively. Mr
>>> Kang: on the 10th of March we put the draft of the rules on our website,
>>> please send suggestions. Send us your objections soon so that we could
>>> publish the rules on 14th on April on the occasion of Ambedkar Jayanti.
>>> Mr Kang: the larger challenge is to how we make disabled people aware
>>> about their entitlements envisaged under the legislation. Mr Kang: in the
>>> last 2 years, we have sceen great change in the attitude of peoplw
>>> towards PWDs which is encouraging. We should carry on the momentum. We
>>> are determined to ensure equal status for the people with disabilities.
>>> Avinash: We break for tea now. We are heading towards the lift which is
>>> Braille-embedded. The people have now started networking. Some NGO
>>> representatives are looking desperate to meet government officials. They
>>> have to show their credentials. My friend Yogesh and Me both totally
>>> blind have found a table and one of the CCPD Office officials has
>>> instructed her colleagues to take care of our tea and snacks
>>> requirements. On my table, I happen to meet one woman who has a son who
>>> has multiple disabilities. She sstrikes a conversation: ‘Hi’, I
>>> responded Hellow! We discussed inclusive schooling and debated the prose
>>> and cons. Then we are meeting the State CCPD of Nagaland, who informes us
>>> that as per 2011 Census, in Nagaland there are only 29 thousand six
>>> hundred children have disabilities. He lamented that his office is
>>> clubbed with the social welfare department, and fund scarcity is the huge
>>> problem. We are done with tea. Next Session: panel Discussion
>>> “challenges in the grievance redressal under RPD Act Mr Dhariwal
>>> (former Deputy CCPD chairs the session Speaker: Mr Mukesh Jain (JS DEPWD)
>>> Mr Jain: CCPD should not only address a grievance of a particular
>>> complant, but it should also recommend that similar violation doesn’t
>>> take place in other establishments. Speaker: Uma Tuli former CCPD MRs
>>> Tuli: When I was CCPD people were fearful of my power. Mr Tuli: not only
>>> CCPD, but the civil society, media and the educational institutions need
>>> to join hands to oversee that less violation of the provisions occur. Mrs
>>> Tuli: once I organized a seminar and invited parliamentarians to
>>> participate. We invited people with disabilities to show their skills.
>>> There was a visually challenged typist and he took dictation and wrote a
>>> flowless letter. Then one of the MPS instantly stood up and said:
>>> “I’ll fire my current secretary and hire him† the house resonates
>>> with huge applause! Mrs Tuli: the stage and the dius where we are sitting
>>> is inaccessible. No wheelchair could come on the stage. Then one
>>> officials rebuffs Mrs Tuli: “madam, the door on your back is rolling
>>> one which enables wheelchair come aboard on the dius…† Next Speaker: PK
>>> Pinchaw (former CCPD) Mr Pinncchaw: This Act seeks to amplify the civil
>>> and political rights of PWDS. Mr Pinchaw: If I am Divyang, then trust me
>>> you all are divyang. Including the minister and the other government
>>> officials. Mr Pinchaw: The powers of CCPD and the State CCPDS have been
>>> widened under the Act. But the quality enhancement of the powers of the
>>> CCPD and the State CCPDS have not been enhanced. Mr Pinchaw: section75(B)
>>> CCPD instead of consulting advisory body should have discretionary powers
>>> to take suuomotive decisions. Next speaker: Mr SK Rungta Mr Rungta:
>>> Before I talk about the challenges, I want to talk about some facts from
>>> the history. We need to think about how the challenges before CCPD
>>> different in the RPD Bill than they had in the PWDA 1995 act. The
>>> difference is that in the RPD Act we have 3 commissioners and one
>>> advisory committee. Mr Rungta: The word Recommendation in the Act is
>>> problematic. And You have gone ahead and said that the government
>>> department may inform whether it wants to accept the recommendation or
>>> not within stipulated time. That’s over. Mr Rungta: there is another
>>> problem, if any publick servant commits an offence then one needs to take
>>> sanction. What is this if not cercomvention. Mr Rungta: There is no
>>> clarity about what role an advisory committee will play. Mr Rungta: There
>>> is a need to mainstreaming of grievance redressal cell with other laws
>>> such as labour laws. Why it was not done in the Act if could be done
>>> under the rules. Next Speaker: AK Awasthi (JT Sec CCPD) Mr Awasthi: rules
>>> will continue to be amended. Beyond 14th April th day when we are likely
>>> to publish. Mr Awassthi: One information: today Election Commission has
>>> launched the website where there is a separate column for the
>>> registration of different types of disabilities. Mr Awasthi: The Centre
>>> is formulating the rules but the key is when different states create
>>> rules and notify. We may also prepare model draft once we are done with
>>> publishing of rules for the Central Government Department. Next Speaker:
>>> Sara Varghese (CBM) Mrs Varghese: I’ve been asked to speak here cause
>>> we work at the grassroot through our partners. Mrs Varghese: we need to
>>> create awareness at all levels. Mrs Varghese: we will have to think that
>>> how we can coordinate discussion amongst different types of disabilities.
>>> Mrs Varghese: people with disabilities should be included in the disaster
>>> management preparedness programmes. Mrs Varghese: the basic principle of
>>> the disability movement ‘Nothing about us without us’ is there in
>>> this room. But how many committees at the village and the district levels
>>> have PWDs on the committees roles. Next Speaker: Mr Dhariwal Former
>>> Deputy CCPD Mr Dhariwal: creating of funds in the states is a challenge.
>>> The Central government provides funding to the DEPWD but what about
>>> states where separate disability department is non-existent in the
>>> majority of states. We need to organize one conference with the Chief
>>> Ministers of all the states where Prime Minister appeals them to take up
>>> the fund creation challenge seriously. We break for lunch now. networking
>>> beguns. I’m hearing numbers being exchanged. Now I happen to meet one
>>> of the employee with disability in the CCPD Office. She is a woman who
>>> has locomotor disability. She shares her agony of inaccessible bus-stops
>>> in Delhi. My friend Yogesh soon heard Prof Dayal sir voice and alerts me
>>> “dayal  sir is also here† we exchanged pleasantries.  The food is
>>> very tasty indeed. The pure Punjabi-Delhi cuisine. We were served food on
>>> the table by the caterers. The CCPD Office seemed to be mindful of the
>>> fact that blind guys need attendant and they took care of it. We are done
>>> with lunch and tummy is full. Lets go back to the seminar hall where next
>>> session is about to take off. Next session: on the same issue continues
>>> Speaker: Dr Anil Aneja EOC head DU Mr Aneja: the first challenge which I
>>> see as a hurdle is section 3(3) which deals with discrimination. Mr
>>> Aneja: there are certain clauses in the act which offer escape route to
>>> the government from not abiding by the law in true spirit. Mr Aneja:
>>> Unfortunately, in the section32 under the act, There has no clear
>>> guidelines available to implement 5 per cent reservation in the higher
>>> educational institutions. The provision for providing assistive tools to
>>> pWDs in higher education is not envisaged under the act. Mr Rungta
>>> who’s chairing the session responds to Dr Aneja. Mr Rungta: We are
>>> fighting for the section 3(3) to be more stronger as far as protection of
>>> PWDS from discrimination. Next Speaker: Mr Subhash Vashishth Mr
>>> Vashishth: Unless you invoke the law it doesn’t work. Mr Vashishth:
>>> Section4 The positive interpretations and provisions of older laws and
>>> judgment should be retained. Mr Vashishth: Section 3(5)Reasonable
>>> accommodation is not properly defined for the each type of disabled
>>> category. Mr Vashishth: perhaps the government alone can’t bring
>>> transformation in the lives of pWDs. Mr Vashishth: the Office of CCPD has
>>> undue responsibility in the Act but it lacks shortage of staf and
>>> resources. The situation at the state level is more pathetic. Mr
>>> Vashishth: The promotion aspect should be taken care of. The career
>>> growth of employees with disabilities should not be obstructed due to
>>> unavailability of assistive tools. Mr Vashisht: the insurance should not
>>> be only for employees with disabilities. Mr Vashisht: the law doesn’t
>>> incorporate the responsibility of private schools which is disturbing. Mr
>>> Vashisht: section 34 is only restricted to identified disabled
>>> categories. What about those disabled categories who are related to
>>> blood-related disorders. They have nothing in the law. Let me give some
>>> of my observations Avinash: I’m skipping some of the speakers cause
>>> they are just celling their NGOs through PPTs and their points are of no
>>> relevance to the seminar theme. Sorry,  My discretion, since its my
>>> nnotes; no? Few important details to note: No deaf representatives no
>>> sighn language interpretation. And the seminar is of national character,
>>> they say. No woman with disability among the speakers in the entire
>>> seminar. No SC/ST/religious minorities speakers on the dius. Sorry, the
>>> sociological analyses is needed cause it’s a national seminar! Next
>>> Speaker: Prof Gaba from IGNOU Mr Gaba: I don’t think we will be able to
>>> provide justice to all 21 categories of disabled people in the coming 100
>>> years. Next speaker SK Mishra IGNOU Mr Mishra: I searched the whole act
>>> and found the mentioning of the word ‘university’ only at two places.
>>> Sohigher education has been neglected and it should find special
>>> mentioning in the rules. Mr Mishra: we have two model universities in the
>>> disability sector. RambhatraCharya University in Chitrikut in 2001 and
>>> Shakuntala Mishra Rehabilitation University in Lucknow 2008. Mr Mishra:
>>> the 11 five year plan made provision for setting up of disability studies
>>> in the universities and twelve plan proposed to provide incentives to
>>> disabled pupil and faculty. And it also proposed to provide funding to
>>> universities to be disabled-friendly. Mr Mishra: The IGNOU has the
>>> enrolment of around 10 thousand students with disabilities. Avinash: Very
>>> interesting figure indeed. Mr Mishra: our reading materials are
>>> accessible to all distant students. Mr Mishra: the biggest challenge for
>>> imparting the distance education is the lack of regional study centres
>>> equipped with disability-sensitive model. Next Speaker: Satender Singh
>>> GTB Hospital Dr Singh: Neither I’m divyang nor mr Awasthi, but we have
>>> different outlook to view our problems. The ramp leading to the stage is
>>> too uneven that one employee of the CCPD Office wanted to give flower-pot
>>> to one of the speakers but couldn’t climb. The ‘accessible toilet’
>>> on the second floor has no light inside. Mr Singh: In the Budget 2017-18
>>> nowhere the Finance Minister talked about the RPD Bill. From where the
>>> money will flow to implement the Act? Mr Sinngh: as per ‘sugamya Bharat
>>> Abhiyan’ We should have achieved A1/A2 stations around 1081 stations
>>> should have been accessible by now. But where are we, go to New Delhi
>>> Railway Station you would not find a lift. Mr Singh: The allocation for
>>> the promotion of sports among disabled has been slashed to 0.4 crores
>>> from last year’s Rs 4 crore. It all happened when disabled players won
>>> medals in the Paralympics and the Twenty WC cricket cup for the blind. Mr
>>> Singh: the clubbing of different types of disabilities in the reservation
>>> bracket will lead to infighting among the different groupings. AAH! The
>>> speakers have eaten time for the next session which was open session and
>>> we didn’t get the opportunity to listen the state commissioners who
>>> have travelled from different parts of the country to share their
>>> challenges which they encounter on the ground. And We also can’t ask
>>> questions. Perhaps this has become the norm in government-sponsored
>>> seminars where speakers tactically eat out time and leave no scope for
>>> the audience and the observers. Anyway, Mr Gehlot the Minister will grace
>>> the occasion in the final session. The final session Valedictory Mr
>>> Gehlot MSJE is gonna address the audience. Mr Gehlot: A human being’s
>>> life is always better if we are in student mode. Learning is a continuum
>>> craving. Mr Gehlot: we are not keeping with the pace in the disability
>>> empowerment and need to step our efforts to catch up with the develop
>>> world. Mr Gehlot: our culture our tradition have  been of vasudhev
>>> kutumbhakun; but are we really  inclusive for the ‘divyang’? lets
>>> introspect. Lets shun the attitude of contempt towards the ‘divyang’.
>>> Mr Gehlot: we are planning to provide universal identity card to the
>>> ‘divyang’. The card will be valid throughout the country. Mr Gehlot:
>>> New announcement: from 1st April 2017, we will start coaching classes for
>>> children with disabilities in the country. Mr Gehlot: general people keep
>>> complaining, why are you giving this reservation to the disabled. Where
>>> will we go? opportunities are limited in the publick sector. Mr Gehlot: I
>>> was in Scotland recently where representatives of 65 countries came to
>>> the conference, and I am elated to inform you they have acknowledged in
>>> their speeches the efforts being taken by the Modi Government for the
>>> empowerment of the PWDs. Mr Gehlot: in the last two and a half years we
>>> have organized more than 4 thousand 7 hundred publick camps and
>>> distributed equipments. Mr Gehlot: I’m happy to see those disabled who
>>> were dependent upon their parants now take care of their families. This
>>> is the spirit which encourage us. Friends, that’s the end of the
>>> seminar. I however would  like to mention that They don’t realize the
>>> fact that democracy is a system where regimes get changes. that there
>>> were many speakers from our community who were very opportunistic. What
>>> they say in rallies or on Access India they actually sound opposite in
>>> front of the minister. I need not to name, I know they will mind their
>>> behavior. I can also sing song of the government but sorry this doesn’t
>>> suit my vocation and profession. I am not into NGO business, I’m a pure
>>> academician and works for the entire nation. I know the power of
>>> democracy and can’t give in before the wave which is too temporary. --
>>> Avinash Shahi Doctoral student at Centre for Law and Governance JNU
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>>
>>
>>
>> with warm regards
>> Mahendra Galani
>> Whatsapp/Viber/Skype/Imo/Facetime +43 699 174 555 95
>> Festnetz +43 1 961 77 47
>> Addresse, Arneth gasse 45/2/2
>> 1160 Vienna, Austria, Europe
>>
>>
>>
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>
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-- 
Avinash Shahi
Doctoral student at Centre for Law and Governance JNU


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