thank you bro for your note.

On 3/17/17, avinash shahi <shahi88avin...@gmail.com> wrote:
> 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
>>>> Register at the dedicated AccessIndia list for discussing accessibility
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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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>
>
> --
> Avinash Shahi
> Doctoral student at Centre for Law and Governance JNU
>
>
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>


-- 
If God is love, and love is blind, and I were blind, would I be God?

with love and regards
yogesh J
postal assistant
india post
 tenkasi head office
phone: 7811071227
skype: romio.yogesh
facebook: yogesh yogi

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