From: Asudani, Rajesh Sent: Tuesday, October 12, 2010 10:08 AM To: 'vib-in...@googlegroups.com' Subject: RE: (VIB) BGFI suggests to Drafting committee for new law
Another issue to be incorporated is restriction of doctors to certify a person fit or otherwise for a given job. A doctor should only certify existence and extent of an impairment or otherwise, and disability or fitness for a given job or activity should better be left to a well competent interdisciplinary board... What do you all say? The present committee has not at all taken up this issue...... From: vib-in...@googlegroups.com [mailto:vib-in...@googlegroups.com] On Behalf Of bv Sent: Monday, October 11, 2010 10:36 PM To: vib-in...@googlegroups.com Subject: Re: (VIB) BGFI suggests to Drafting committee for new law HI Rajesh, You have discussed the law in detail. I would like to add that Rehabilitation of persons acquired disability should be mandatory which is not dealt with in the old Act. Accessibility of job should also be guaranteed. In many institutions do not care about providing accessible tools to the visually challenged. I would add in details shortly. BV. From: Asudani, Rajesh<mailto:rajeshasud...@rbi.org.in> Sent: Monday, October 11, 2010 3:09 PM To: accessindia@accessindia.org.in<mailto:accessindia@accessindia.org.in> Cc: vib-in...@googlegroups.com<mailto:vib-in...@googlegroups.com> Subject: (VIB) BGFI suggests to Drafting committee for new law Press Release BGFI Suggests to New Disability Law Committee Blind Graduates Forum of India, a non-government organization working for all round development of the visually challenged, in its efforts for providing a voice to Visually challenged and other disabled in law and policy formation and implementation, has come up with a broad range of suggestions for the government committee drafting the new law to replace the existing persons with Disabilities act, 1995. The meeting to illicit suggestions and comments of persons with Disabilities on the reports prepared by said committee was convened on Sunday, 10/10/10, at the PGTD Law, Nagpur. Around thirty participants cutting across various disabilities came forth with their observations. Dr. Rajat Agrawal, a well-known eye specialist working in California US and hailing from the city, interacted with the participants in the beginning, giving details of his evolving path-breaking research about Bionic eye which has the potential of making persons with retinal problems see again. Answering participants' queries, He also gave his valuable inputs towards formulating a useful definition of blindness and low vision. Nagpur may soon have a local chapter of Retina India, network founded by him to inculcate awareness and advocacy for retinal patients nationwide. Dr. Shirish Deshpande, HoD, PGTD Law RTMNU, and Mr. Rajesh Asudani, Vice president BGFI, acquainted all participants with ongoing work of the drafting committee making new disability law and its updated reports. Each participant then spoke about her/his comments on it and the issues they felt the new law must address. The discussion was properly channelized by Dr. Vinod Asudani, Hon. National secretary of the forum. Some of the important suggestions which were finalized to be recommended to the Govt. committee include: Set up Disability Disputes Redressal fora for deciding disability rights cases, at district, state and national level; Make provision for enforcement decree for judgments of such fora; Divest CCPD and SCDs of disputes deciding powers; Make the recognition of educational institutions contingent on their following disability specific measures; Make all private players receiving any sort of aid from Govt. follow disability reservation Ensure that at least the private players who provide public utility services earlier provided by Govt. follow disability law provisions including reservation of jobs; Make presence of at least 30% disabled persons mandatory on executive committees of disability NGOs; Define disability to include medical parameters and index of activities of daily life, rather than in purely medical terms; Clearly lay down modalities of reservation for the disabled, like treatment of horizontality and merit based selection, etc.; Clearly stipulate details about human assistance during exams like scribe to visually challenged; Accord full faith and credit clause of constitution to disability certificates and make them basis for availing all and every facility relating to disability; Delink reasonable accommodation in employment from reservation of posts; Provide for mandatory disability audit of all the govt. schemes; Provide for enhanced punishment to offences against women with disabilities; Include Disabled explicitly in the definition of priority sector lending for banks; Make non-observance of the provisions of disability act a civil liability and ground for specific relief and financial penalties clearly linked to violation and with a view to provide for them; Make right to life meaningful by making it obligatory for government to bear cost of all corrective measures like cochlear implants, prosthetics, corneal transplants,, etc. and making corneal donation compulsory at least in government hospitals; Give clear mandate to government to provide all and every reasonable accommodation to disabled in education and employment including assistive technology; Provide for personal pecuniary liability in cases of willful default. These and many other points were enthusiastically deliberated upon and participants noted that the drafting committee reports do not contain clear cut provisions about many of these matters. It was decided that a memorandum would be shortly forwarded to the law drafting committee. Dr. Deshpande ably guided the deliberations and Mr. Lakshman Khapekar, Mr. Prakash Andhare, Adv. Vandana Navghare, Adv. Nandita Dube and others were prominently present. (Dr. Vinod Asudani) Hon. Secretary Blind Graduates Forum of India October 11, 2010 "I turned to speak to God About the world's despair; But to make bad matters worse I found God wasn't there." --Robert Frost (Rajesh Asudani) Assistant General Manager Reserve Bank of India Nagpur Cell: 9420397185 o: +91 712 2806832 R: 2591349 ________________________________ 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. 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