On 6/25/13, srinivas.karnati <[email protected]> wrote: > Hello! > > I've started the petition "To His Excellency President of India: first read > my petition If you feel it is genuine Will you take 30 seconds to sign it > right now? Here's the link: if you already sign please ignore this message. > I request the moderator to excuse me for re posting this. at least 100 > members has to sign on it. only 17 members or signed. > > 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 > [email protected] > > 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 [email protected] > > Mobile 09490589531 > > > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. >
Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
