Hi mam, In fact, I was about to send this news clip to you. this seems a disturbing situation. it is correct that his case is fit to be classified under locomotor disability. however, the term 'cancer cured' required to be challenged. present situation of a person is matterial and not the cause leading up to the disability.
Regards, Akhilesh. On 8/5/13, Kanchan Pamnani <kanchanpamn...@gmail.com> wrote: > Equate cancer with disability, says plea in Bombay high court > MUMBAI: The Bombay high court has sought responses from the central and > state coordination committees for persons with disabilities after a teacher > > cured of cancer approached it, demanding the same rights granted to disabled > > people. > > > Solapur resident Vinod Tambe was diagnosed with blood cancer in 1977 at the > > age of seven. He was treated at Tata Memorial Hospital, and on March 16, > 2005, issued a certificate by Chhatrapati Shivaji Maharaj Central Hospital > in Solapur declaring him "cancer-cured handicap" . Still, in spite of this, > > Tambe found that he was not allowed to access facilities for handicapped > people. The primary school teacher subsequently moved court. > > Tambe is seeking the benefits accorded to disabled persons in healthcare, > public transportation, education and employment. "The government should be > considerate towards someone who has gone to the doorsteps of death and > returned. Even though I am cured I still go through body pain. I am not like > > a normal person," he said. Tambe's advocate claimed the director of > employment exchange had asked district employment officers to register > cancer-cured persons as handicapped. 'Govt applying narrow definition of > disability' > > Solapur resident VinodTambe has moved the Bombay high court demanding that > cancercured persons be granted similar rights as the disabled. His advocateM > > S Karnik ,during a hearing on July 12, pointed out that a circular issued by > > the director of employment exchange on November 21,1983 ,instructed all > district employment officers to register cancer-cured persons as handicapped > > persons . > > But the Maharashtra government maintains that the circular was superseded by > > the Persons with Disabilities (Equal Opportunities, Protection of Rights and > > Full Participation) Act, 1995. The definitions of disabilities listed in the > > act do not cover Tambe's case, it says. > > Karnik argued that the authorities erred in applying a narrow definition of > > the term "disability": "a person who has suffered from blood cancer even > after getting cured does suffer from disabilities arising from weakness of > the bones , joints or muscles , leading to substantial restriction of the > movement of limbs ." Karnik added that Tambe's case can be classified under > > locomotor disability, which is recognized under the 1995 Act. > > The advocate contended that various additional forms of disabilities should > > be covered under the Act and the Rightof PersonswithDisabilities Bill, 2012. > > Because of the current narrow definitions, he said, many people are deprived > > of disability benefits. > > Agreeing with him, a division bench of Chief Justice Mohit Shah and Justice > > M S Sanklecha gave the instance of the rare genetic disorder, Hunter's > syndrome . In this, an enzyme the body needs is missing or insufficiently > generated, the judges said, leading to progressive damage, affecting > development and organ function. Karnik said among the responsibilities of > the central and state coordination committees is to continuously evolve > policies to solve the problems faced by disabled people and to advise > central and state governments. The judges issued notices to the committees > and posted the next hearing on August 7. > > MAKING A CASE > > THE PETITIONER > > Vinod Tambe was diagnosed with blood cancer in 1977 and treated at Tata > Memorial Hospital. In 2005, he was issued a certificate by Chhatrapati > Shivaji Maharaj Central Hospital in Solapur declaring him 'cancer-cured > handicap' > > THE PLEA > > Cancer survivors should be granted the rights given to disabled people > > Disabilities Under Right of Persons with Disabilities Bill, 2012 > > 1) Autism spectrum disorder 2) Blindness 3) Cerebral palsy 4) Chronic > neurological conditions 5) Deafblindness 6) Haemophilia 7) Hearing > impairment 8) Intellectual disability 9) Leprosy cured 10) Locomotor > disability 11) Low vision 12) Mental illness 13) Muscular dystrophy 14) > Multiple sclerosis 15) Specific learning disability 16) Speech and language > > disability 17) Thalassaemia 18) Multiple disabilities (two or more > disabilities listed as one to 17 occurring in a person at the same time) > > Disabilities Defined Under Persons with Disabilities Act, 1995 > > 1) Blindness 2) Low vision 3) Leprosy-cured 4) Hearing impairment 5) > Locomotor disability 6) Mental retardation 7) Mental illness > > Times View > > The government should treat such cases with utmost sympathy instead of going > > purely by the rulebook. And, if need be, rules should change to provide > relief to people in distress. The court has done the right thing by > indicating there may be a need to take a fresh look at the law. > > Kanchan Pamnani > Advocate & Solicitor > 9, Suleman Chambers, > Battery Street, Colaba, > Mumbai - 400 039. > > > > ----- Original Message ----- > From: "Raaj" <vennillaicecr...@gmail.com> > To: <accessindia@accessindia.org.in> > Sent: Monday, August 05, 2013 6:23 PM > Subject: Re: [AI] Equate cancer with disability times of > indiaarticle5.8.2013.doc > > >> There's no any body message. >> >> -----Original Message----- >> From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On >> Behalf >> Of Kanchan Pamnani >> Sent: Monday, August 05, 2013 6:18 PM >> To: accessindia@accessindia.org.in >> Subject: [AI] Equate cancer with disability times of india >> article5.8.2013.doc >> >> From today's Times of India. >> Register at the dedicated AccessIndia list for discussing accessibility >> of >> mobile phones / Tabs on: >> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessind >> ia.org.in >> >> >> Search for old postings at: >> http://www.mail-archive.com/accessindia@accessindia.org.in/ >> >> To unsubscribe send a message to >> accessindia-requ...@accessindia.org.in >> 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/accessindia@accessindia.org.in/ >> >> To unsubscribe send a message to >> accessindia-requ...@accessindia.org.in >> 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/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > 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.. > -- Akhilesh Dahiya, Advocate. Mobile: +91 9818798780 Email: akhil.akhi...@gmail.com New Delhi 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/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in 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..
