My dear AccessIndians Do say something on the recommendations sent earlier. I have received but one response on my personal ID. I think silence is the worst crime, when it is our paramount duty to speak up. Maybe, we won't be heard, maybe, they will throw our suggestions in dustbin, maybe, they will incorporate a fraction of these, but we must suggest something, for it shows that we also think.
"I too call myself I", said Kamala Das. So, do at least express agreement or disagreement, indifference is deadening. Regards Rajesh Asudani Assistant General Manager (PPS), Reserve Bank of India Nagpur 09420397185 O: 0712 2806676 Res: 0712 2591349 Doth God exact day-labour, light denied?" John Milton -----Original Message----- From: accessindia-boun...@accessindia.org.in [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Asudani, Rajesh Sent: Monday, October 05, 2009 5:37 PM To: accessindia@accessindia.org.in Subject: [AI] recommendations for changing disability law Friends I, after workshop at Pune, and receiving some suggestion, have arrived at following recommendations to be submitted to MSJE for effecting changes being contemplated in disability act or going in for a new law. I know I have omitted a few areas or my perspective may not be balanced for all disabilities as I don't have firsthand experience of other disability than visual. So, please go through recommendations and suggest any modifications and inclusions so that we may finalize them and send in through e mails to MSJE and other relevant bodies and persons at the earliest. Cooperation is highly required and appreciated. Recommendations follow: " Serial No. Topic Recommendation 1. Definition Be aligned to UNCRPD, Rational quantification-into mild and severe and not percentage wise. 2 Mainstreaming disability Implementing bodies be made more representative of disabled. All constitutional bodies to have at least one disabled representative. Articles 15 & 16 of Constitution be amended to Prohibit discrimination on basis of disability per se. Disability budgeting on lines of gender budgeting be implemented. Art. 17 of constitution be amended to wipe practice of disability exclusion. 3 Strong Statutes: Prevention of atrocities act for disabled On the lines of SC atrocity prevention act, be enacted Abusing in the name of disability be declared an offence. 4 Right to Life: Cost of all corrective steps for disability Like Keratoplasty cochlear implants Be born by government Cornea after death Be declared "National resource" Free from any private encumbrance. 5 Inclusive Education Extending free and compulsory education to disabled children Till the age of 18. Setting right the glaring omission of Central Government. Affording legitimate assistance to special schools Fostering inclusive educational ambience at the same time. Training all teachers to teach disabled children as well. Giving disability scholarships in addition to, and not in lieu of, other benefits, Making study material available in suitable alternative format. Reasonable accommodation be provided in education. 6 Exercising legal capacity-scribe A uniform scribe policy-the need of the hour. Discretion of candidate to bring the scribe or accept that provided Only warranted. Preconditions like juniority if from same streem be imposed. Competence to be ensured when scribe requested. No arbitrary conditions/changes/denials of scribes justified. Interpreters to hearing disabled to be provided wherever required. 7 Govt. schemes Disability be factored in while making any scheme. All existing government schemes be evaluated from disability perspective continuously. Disability audit of schemes mandatory. 8 Quantum of reservation Be enhanced to 5% /6% To reflect the actual proportion of disabled in population. 9 Categorization Different categories of severely and mildly disabled for at least reservation be carved out. 10 Detrimental act of state governments Rationale of Disability legislation falling under concurrent list, so Central law prevailing unless state law assented to, or PWD Act enacted Under article 253, be employed to negate varied state interpretations harmful to disabled and uniformity be brought in implementation of disability legislation. 11 Reservation for disabled 3% of total cadre strength in all classes the ultimate goal. 3% of vacancies occurring at a time-the practical step to achieve the goal. Non-implementation of reservation provision for long may warrant Special recruitment drives for disabled utilizing available vacancies in excess of 3%. Differentiation being made between Relaxed standards, like minimum qualifying/cut off marks, relaxation in age limit, and Reasonable accommodations, like taking scribe waiver in fee, extra time etc. Counting only those availing relaxed standards, or not finding place in vertical lists Against reserved vacancies Ignoring those finding place in vertical list/open competition 12 Transfer and promotion High time to give statutory backing to non-transferability provisions. Reservation in promotion on lines of SC a legitimate demand. Extending zone of consideration duly warranted. Intervening posts, if unidentified, should be deemed to be identified for effecting promotion Statutory backing required. 13 Reasonable accommodation Warranted by UNCRPD and Natural justice. Should not be fettered by: Economic capacity development, or Reasonable time frame. 14 No clubbing together of disabilities A harmful but omnipresent practice. Even UNCRPD commits it. Each disability requires unique measures, Apart from general principles which may be common. 15 Optional protocol Optional protocol to the convention be immediately adopted by India 16 Enforcement machinery Disability forum on the lines of consumer dispute redressal for a be set up to resolve cases under disability act. CCPD and commissioners should only coordinate administrative efforts and oversee implementation of act and awards. 17 Enforcement machinery Such disability fora be invested with full powers of civil court including initiating contempt proceedings for non-compliance of its orders. 18 Stringent penalties Strong monetary penalties be prescribed in cases of violations of provisions of disability law: ex. Not reserving at least 3% of advertised posts, discriminating on the basis of disability etc. 19 Fake certificates Issuing fake disability certificates Making use of fake disability certificates be declared a criminal offence warranting exemplary punishment in addition to forfeiting any benefit like job etc. so obtained. 20 Universal disability audit Audit of government funds including grants to All NGOs and all other expenditure should include details of expenditure for persons with disabilities, as they are one of the weakest classes in society and every activity touches them. 21 Disability portrayal Derogatory portrayal of disability be made ground of censorship and film certification board should have a disabled member on it. 22 Accessibility Government should: (a) Develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public; (b) Ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities; (c) Provide training for stakeholders on accessibility issues facing persons with disabilities; (d) Provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms; (e) Provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public; (f) Promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information; (g) Promote access for persons with disabilities to new information and communications technologies and systems, including the Internet; (h) Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost. 23 Right to life Eradicating disability through medical measures, technological measures and through appropriate modifications in structures and procedures should be viewed as integral part of right to life and primary responsibility of government and state. 24 Situations of risk and humanitarian emergencies Statute should provide for all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters. 25 Equal recognition before the law Explicit enunciation of persons with disabilities as fully competent legal persons, provision of support with effective and appropriate safeguards wherever called for, for exercising legal capacity. 26 Financial transactions Government to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property. 27 Free legal aid Costs to be essential awarded whenever a disabled successfully sues for violation of rights, free legal aid to be mandatorily provided for every litigation under disability law. 28 Liberty Government should ensure that persons with disabilities Are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in no case justify a deprivation of liberty. S 29 Freedom from degrading treatment and torture Statute should provide that: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation. 30 Exploitation abuse and violence Articles 23 and 24 of the constitution be suitably amended to prevent exploitation violence and abuse on account of disability or resulting in disability. 31 Living independently and being included in the community All the infrastructure including houses, whether built by government or private parties to be fully accessible, and government to ensure that: (a) Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement; (b) Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community; (c) Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs. 32 Technological aids All technological assistive devices including mobility aids, reading devices, softwares vision or other sensory enhancement devices be blanketly exempted from import duty and other levies. Government should bear the full cost of such devices or highly subsidize them as alleviation of disability by improving the impaired sense, or limb falls under right to life. 33 Freedom of expression and information It includes for disabled use of accessible modes and so, government should: a) Provide information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost; (b) Accept and facilitate the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions; (c) Urge private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities; (d) Encourage the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities; ( 34 Health Government should: Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons; Provide these health services as close as possible to people's own communities, including in rural areas; Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care; Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance to be provided in a fair and reasonable manner ; declare discriminatory denial of health care or health services or food and fluids on the basis of disability a punishable offence. 35 State activities All the state activities including elections be made accessible by adopting appropriate formats and technology 36 Data collection All data collection exercises including census, surveys of general nature, should invariably include persons with disability in addition to specific disability surveys undertaken from time to time. 37 No negative presumption No negative, harmful exclusionary or discriminatory presumption be drawn on the basis of disability in respect of rights, amenities or facilities offered to public at large or citizens and any exclusion of the disabled there from not duly supported by law be deemed an penal offence. 38 Disability records Disabilities records and certificates be accepted throughout nation even if issued by one state as they should be declared as records under article 261 of constitution and full faith and credit clause be applicable to them. Rajesh Asudani Assistant General Manager (PPS), Reserve Bank of India Nagpur 09420397185 O: 0712 2806676 Res: 0712 2591349 Doth God exact day-labour, light denied?" John Milton ________________________________ Notice: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received this email by error, please notify us by return e-mail or telephone and immediately and permanently delete the message and any attachments. The recipient should check this email and any attachments for the presence of viruses. The Bank accepts no liability for any damage caused by any virus transmitted by this email. 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