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----- Original Message -----
From: "srinivas.karnati" <srinivas.carn...@gmail.com>
To: <accessindia@accessindia.org.in>
Sent: Monday, June 24, 2013 8:31 PM
Subject: [AI] Hello! Sign my petition please
Hello!
I've started the petition "To His Excellency President of IndiaEnter :
Will you take 30 seconds to sign it right now? Here's the link:
http://www.change.org/petitions/to-his-excellency-president-of-indiaenter-advise-the-union-government-and-the-indian-parliament
Here's why it's important:
To
His Excellency Shri Pranab Mukherjee
Hon'ble President of India
Ref: 135/dwab/2012 Dated: 4th November 2012
Respected Sir,
Sub: Right to equality for persons with disabilities - a proposal for
constitutional
Recognition - a humble submission for expeditious action-regarding:
We, on behalf of the Development and Welfare Association of the Blind
(Andhra Pradesh), in consultation with several other organisations and
like-minded individuals, hereby submit the following few lines for your
kind enough consideration and request you with humility to do the needful
in the direction of providing constitutional remedy to the historic
injustice inflicted upon the citizens with disabilities in our land of
rich heritage and culture of co-existence:
As his Excellency might be fully aware, nearly Three Crore Indians - 3% of
our population - are officially counted as people suffering from various
disabilities, visual-impairment, hearing-impairment and other locomotor
disabilities in particular. Ironically enough, a large proportion of this
population suffers gross negligence in the hands of our public
institutions. It is now estimated that nearly Fifteen Million
visually-impaired and around Sixty-four Million other disabled have been
subjected to the cruelties of daily life, and almost all of them are
living without basic amenities such as food, decent clothing, a shelter of
their own and minimum education. At a time our policy echelons are busy
ensuring human rights for other marginalised groups, SCs, STs and Women,
here are the minuscule minority who live away in a shear silence a life
that falls below the standards any civilisation can ever think of.
We hope his Excellency would agree with us in a candid admission that the
socio-economic backwardness of persons with disabilities in our country
stems from nowhere but our own constitution that fails to make any
meaningful provision for the rights of this scattered community. While
Articles 14, 15 and 16 of the Constitution took extra-care to ensure the
right of equality for all citizens in India, with enough safeguards for
such marginalised sections as SCs, STs and OBCs through affirmative policy
in education and employment, persons with disabilities have been
conveniently forsaken in this thwarted war of vote-bank politics. Look at,
for example, the speed with which Governments in the recent past have
moved swiftly and brought about 27% reservation for OBCs in education and
employment through the constitutional Amendment, and the same swiftness
that can be seen in the present regime's attempt to provide 33%
reservation for women through another Constitutional Amendment. Persons
with disabilities at times really feel let down in the present political
climate where every community with a sizeable Vote-bank and social capital
is frequently showered with all policy concessions, whereas, persons with
disabilities, who are a scattered minority at best (with very little
advantage for commanding vote-bank manoeuvring in a given place), are
never taken seriously by our majoritarian democracy. Consequently, the
real concerns of this genuinely deprived community hardly get any
attention, whatsoever.
The depiction briefly outlined above may give you an impression that the
signatories of this letter are unaware of the recent initiatives being
undertaken by the Governments in favour of persons with disabilities,
which we wish to clarify in unequivocal terms in the following lines with
as much precision as possible:
The socio-economic deprivation of persons with disabilities and a
well-found recognition that this deprivation is due largely to lack of
constitutional safeguards is neither entirely new nor has been hidden from
the ruling regimes of post-independent India. The Government of India
under the leadership of Sri Rajiv Gandhi set up a committee to consider
legislation for the physically challenged. Headed by Shri Baharul Islam, a
distinguished parliamentarian at that time, the Committee was asked inter
alia to work out the scope, objectives and general scheme of legislation
for persons with disabilities covering various aspects of prevention,
rehabilitation, social security and welfare of this section of society.
Baharul Islam Committee submitted its report to the Government in June,
1988, with a prime recommendation, among other things, that Articles 14,
15, 16 and 46 of the Constitution be amended to include the words "persons
with disabilities" and "mentally-handicapped" so as to provide
constitutional recognition to the special circumstances under which the
communities these underlying words invariably refer to. However, we have
no hesitation to state that these path-breaking recommendations have been
kept in a cold-storage by the subsequent Governments, and hardly anyone
remembers that there was such a Committee set up to recommend the feasible
framework for including persons with disabilities in the scheme of Indian
Constitution. What followed thereafter, and still continues till date, in
the discourse of Indian Disability Law is quite disturbing and remains far
short of providing any satisfactory solutions to the problem of bringing
the disabled citizens into the mainstream society.
To put succinctly, there have been nearly a half-dozen legislations
enacted by the Indian Parliament, each one to address a specific
requirement of disability. Mental Health Act 1987, Rehabilitation Council
of India Act 1992, Persons with Disabilities (equal opportunities,
protection of rights and full-participation) Act 1995, National Trust Act
1998, National Policy for Persons with Disabilities 2006 are prominent
among them. After India signed and ratified the United Nations Convention
on Rights of Persons with Disabilities (UNCRPD) 2007, however, now there
is a new, perhaps a slightly renewed, buzz to enact an umbrella
legislation for persons with disabilities.
With a pinch of apology to his Excellency, we wish to point out that the
deepest political fraud in the whole discussion on a comprehensive
legislation for persons with disabilities is that the inherent need for a
suitable Constitutional Amendment declaring unequivocally that the rights
of persons with disabilities are as worth protecting as that of any
section is completely overlooked.
We also feel it is important to clarify at the outset that our unfailing
stand for a constitutional Amendment in favour of persons with
disabilities indeed stems largely from the unpleasant experiences often
encountered in the implementation of various provisions contained in the
existing legislations with regard to the empowerment of persons with
disabilities. To take one example: a provision for the reservation of not
less than 3% vacancies in all Government and Public Sectors in favour of
persons with disabilities, clearly laid down by Section 33 of Persons with
Disabilities (equal opportunities, protection of rights and
full-participation) Act 1995, is never treated on par with the other legal
provisions that otherwise prescribe 7.5%, 15% and 27% job reservation in
favour of SCs, STs and OBCs respectively. The obvious explanation is that
while the reservation provisions of the later type enjoy the
Constitutional status, the former does not. The nodal Departments/Agencies
in charge of implementing these provisions often find it extremely
difficult to move forward under such extraneous legal conditions, and
persons with disabilities are the ultimate losers in this whole
technocratic, legal game. Unsurprisingly enough, the Universities' Grants
Commission (UGC), the Union Public Service Commission (UPSC) and the whole
Banking Sector in India took more than a decade to implement 3%
reservation in favour of persons with disabilities, that too only after
being sternly reminded by the Hon'ble Supreme Court about their
lackadaisical approach in dealing with the issue at hand.
We feel quite painful to bring to the kind notice of his Excellency that
no significant provision in PWD Act of 1995 has so far been readily
implemented without a final word of interpretation from either State
High-court(s) or the Hon'ble Supreme-court.
It is our firm conviction that there is a greater justification for the
Constitutional protection for persons with disabilities than those
belonging to SC, ST and OBC, because they can always command enough
opportunities, thanks to their physical fitness and uninterrupted
accessibility.
It may also be brought to the notice of his Excellency that apart from
such developed countries as Canada; even some of the African countries
like South-Africa and Eritrea have provided specific Constitutional
provisions for safeguarding the rights of persons with disabilities. We,
therefore, feel that incorporation of similar provisions in our
Constitution would go a long way in ensuring persons with disabilities the
fundamental right to equality enshrined in Part Three of our Constitution.
In the circumstances briefly outlined above, we humbly request his
Excellency to kindly examine a note of proposals enclosed herewith and
advise the union Government and the Indian Parliament for an expeditious
action to move an appropriate Constitutional Amendment for the inclusion
of persons with disabilities in the Law of the Land.
This appeal drafted and handed over to his Excellency by a School Teacher
unambiguously reflects the real hopes and aspirations of more than a Three
Crore challenged Citizens of our Country.
Thanking you in anticipation, Sir!
Sincerely Yours
K. Srinivas
The Secretary
srinivas.carn...@gmail.com
PROPOSAL FOR CONSTITUTIONAL AMENDMENT
IN FAVOUR OF PERSONS WITH DISABILITIES
1. Amendment of Article 15(1) and 15(2):
"The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them
No citizen shall, on grounds only of religion, race, caste, sex, place of
birth or any of them, be subject to any disability, liability, restriction
or condition with regard to."
Incorporation/Alteration/Addition/Deletion: "Disabilities" after the words
place of birth" and "Disability be removed from (Subject to any
disability, liability.".
2. Addition of new Article 15(3-A):
Nothing in this Constitution shall prevent the State from making special
provisions for persons with disabilities in general and for women and
children with disabilities in particular to ensure that they enjoy
benefits on an equal basis with others under the law.
3. Article 16(2):
"No citizen shall, on grounds only of religion, race, caste, sex, descent,
place of birth, residence or any of them, be ineligible for, or
discriminated against in respect or, any employment or office under the
State"
Incorporation of the word "disabilities" after the word residence.
4. Explanation to be incorporated after Article 23(1):
Traffic in human beings and beggar and other similar forms of forced
labour are prohibited and any contravention of this provision shall be an
offence punishable in accordance with law
Explanation: Causing anyone temporary or permanent disability or mental
impairment or accentuating the same shal also be an offense punishable
under the Law.
5. Insertion of Explanation to Article 29 (1):
"Any section of the citizens residing in the territory of India or any
part thereof having a distinct language, script or culture of its own
shall have the right to conserve the same."
Explanation:
For the purposes of this article, while Braille shall also be recognized
as a distinct Script to be deployed by persons with visual-impairment,
Sign language shall be recognized as a distinct language to be used by
hearing-impaired.
6. Amendment of Article 30 (1):
"All minorities, whether based on religion or language, shall have the
right to establish and administer educational institutions of their
choice."
Explanation: the words "visually-impairment" and "hearing-impairment"
should be added after "language", with a proviso that persons with
visual-impairment and hearing-impairment shall have the right to establish
and administer the educational institutions of their choice.
7. Article 41-A:
State shall ensure that every person with disability shall enjoy all the
human rights and fundamental freedoms guaranteed by the International
Treaties, Covenants and Conventions subject to their ratification by
Government of India. It shall further be obligatory for the State to
evolve a viable policy framework to implement the same.
8. Article 46:
"The State shall promote with special care the educational and economic
interests of the weaker sections of the people, and, in particular, of the
Scheduled Castes and the Scheduled Tribes, and shall protect them from
social injustice and all forms of exploitation"
Incorporation of the words "persons with disabilities" after Scheduled
Tribes.
9. Fundamental Duties:
Addition of a new duty 51-A (L): Citizens shall renounce discriminatory
and derogatory practices harming the dignity of persons with disabilities.
10. Deletion of Article 102 (1) (b):
Article 102 (1) (b) which says that a person shall be disqualified for
being chosen as, and for being, a member of either House of Parliament "if
he is of unsound mind and stands so declared by a competent court". This
clause excludes people with psychosocial or intellectual disabilities from
membership to either House of Parliament and should be deleted.
11. Deletion of Article 191 (1) (b): which states that a person shall be
disqualified for being chosen as, and for being, a member of the
Legislative Assembly or Legislative Council of a State "if he is of
unsound mind and stands so declared by a competent court". This clause
excludes people with psychosocial and intellectual disabilities from
membership to the Legislative Assembly or Legislative Council of a State
and should be deleted.
12. Article 243D: Reservation of seats
Addition of sub clause(C) with the words "and persons with disabilities"
after 243D (1) (b) is prayed for.
13. Article 243T:
Clause 1
Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes
in every Municipality and the number of seats so reserved shall bear, as
nearly as may be, the same proportion to the total number of seats to be
filled by direct election in that Municipality as the population of the
Scheduled Castes in the Municipal area or of the Scheduled Tribes in the
Municipal area bears to the total population of that area and such seats
may be allotted by rotation to different constituencies in a Municipality
Insertion of words "and persons with disabilities" after Scheduled Tribes
in Clause (1).
Clause 2
Not less than one third of the total number of seats reserved under clause
( 1 ) shall be reserved for women belonging to the Scheduled Castes or, as
the case may be, the Scheduled Tribes
Proviso to Article 243T (2): Provided that 5% seats shall be reserved for
women with disabilities.
Clause 3
Not less than one third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total
number of seats to be filled by direct election in every Municipality
shall be reserved for women and such seats may be allotted by rotation to
different constituencies in a Municipality
Clause (3) addition of words "and women with disabilities" after Scheduled
Tribes.
14. Addition to Article 325:
Insert "and disability" after "grounds of religion, race, caste, sex or
any of them". Then, no person with disability shall be ineligible for
inclusion in, or to claim to be included in a special, electoral role.
15. Modification to Article 326:
Delete "unsoundness of mind" after "ground of non residence". This shall
stop the exclusion of people with psychosocial and intellectual disability
as eligible for registration as a voter at Elections to the House of the
People and to the Legislative Assemblies of States.
16. Modification to Article 343:
"The official language of the Union shall be Hindi in Devanagari script.
The form of numerals to be used for the official purposes of the Union
shall be the international form of Indian numerals."
Sign language to be recognized as official language. This shall then be
recognized as a language that can be used in the Legislature (Article
210).
17. Addition to Article 350:
"Language to be used in representations for redress of grievances. Every
person shall be entitled to submit a representation for the redress of any
grievance to any officer or authority of the Union or a State in any of
the languages used in the Union or in the State, as the case may be."
Explanation: This shall include sign language for the people with hearing
and speech impairment.
18. Insertion of Explanation to Article 350 A:
"It shall be the endeavour of every State and of every local authority
within the State to provide adequate facilities for instruction in the
mother tongue at the primary stage of education to children belonging to
linguistic minority groups..."
Explanation: For the purposes of this Article, sign language to be
recognized as mother tongue for the people with hearing and speech
impairment.
19. Insertion of Explanation to Article 350 B:
"Special Officer for linguistic minorities"
Explanation: People with hearing and speech impairment to be recognized as
a linguistic minority for purposes of this Article.
20. Schedule VII:
Insertion of Entry 25-A List III Schedule VII: Higher Education of persons
with disabilities and Establishment of Institutions for their empowerment
and rehabilitation.
Insertion of Entry 25-B List III - Human Rights of persons with
disabilities
21. Addition to Eighth Schedule:
Sign language should be added as a scheduled language in the Eighth
Schedule of the Constitution.
With regards
Yours sincerely,
(K. SRINIVAS)
SECRETARY
Email srinivas.carn...@gmail.com
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