That is what I had to say on this!Disabilities can't be restricted to those in the PwD Act 1995 Dear Colleages,
The present medical model of disability in the Disability Act and as understood by the Courts has some serious shortcomings. The etiology based labels or medical condition based labels are counterproductive so far as the constitutional mandate of ensuring equality and non-discrimination is concerned. The benefits of schemes meant for social justice can not be just restricted to persons whose condition or type of disability reflects in the law. What is needed is to look at the restrictions that the person faces in the community due to the particular condition. The forumula that Amended Americans with Disabilities Act (came in to force on Jan 01, 2009) adopts is quite reasonable. It accepts you for the disability benefits if : (a) If you have a physical or mental problem that substantially limits one or more of your “major life activities”. (b) You have a record of having had such a problem in the past. (c) Other people think you have such a problem, even if you do not actually have it. *What are major life activities* Some of the “major life activities” covered by ADA include but are not limited to caring for yourself, doing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. The amended ADA has made some major changes to the way the definition of disability had been interpreted under ADA in the past. The 2008 Amendments Act includes major body functions, including but not limited to functions of the immune system, normal cell growth, digestive, bowel, bladder, brain and nervous system, respiratory, circulatory, endocrine, and reproductive systems. These changes can help people with cancer, because in the past they often had a hard time meeting the definition of disability. *Bombay High Court sets a precedent* The Bombay HC has in the below case issued notices to the Coordination Committees - both Centre and State - established under the Persons with Disabilities (Equal opportunities, proteciton of Rights and full participation) Act 1995 Central Govt.to respond to a similar case wherein the petitioner Vinod Tambe - a personal rehabilitated after cancer - has sought benefits available to persons with disabities under the Act. Hon'ble Chief Justice Mohit Shah has been known to be a very sensitive judge so far as matter related to those with disabilities and marginalised segments are concerned. He has been known to take suo moto notice of matters affecting the rights of disabled while he was with Gujarat High Court and championed the cause of persons with disabilities. *Disabilities Act not superseding but supplementing* The Maharasthra Government had through 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. And the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 being a beneficial legislation only supplemented what existed before and by its enactment, no pre-existing right could be taken away by the state in such a blatant manner. Therefore, even if if caner-cured is not included in the medical definitions of the Disabilities Act, the said category continues to get the benefits, technically. *Other unreported cases* * * I personally know of a case in Valsad, Gujarat where a gentleman met with a serious car accident during which a metal rod of the car entered his body from a little lower than the urinal part on the front side of the body and came out from the spinal cord i.e. back side of his body thereby tearing his body and damaging the sphincter, anus, rectum and the spinal cord. He was somehow saved but with a colostomy. The Disability Certificate granted by Civil Hospital Valsad says he is a case of "Permanent Colostomy + L1 Vertebra Fracture (Old)" and degree of disability is quanitified as "66%" . He sought benefits of Tax Concession to buy an adapted car available to persons with Disabiliites. However, the Government authorities refused him the benefit saying that he is not a person with disability according to the Persons with Disabilities Act 1995 since he is not suffering from blindness, low vision, mental illness, mental retardation, hearing impairment or locomotor impairment! This is despite that fact that the gentleman has no voluntary control over his stools and has problems in independent mobility. *Lessons* Even the draft of the new Rights of Persons with Disabilities Bill 2012 which is to replace the existing Disabilities Act 1995 doesn't address this issue and still revolves around the etiology and types of disabilities without looking at the effect of the disability on the normal living of the person affected and the accommodations required by the person to be able to functional on an equal basis with others to ensure his fundamental right of equality to him. We need to move beyond types of impairment to the effects of the impairment the person faces in terms of disabilities while interacting with the social and environmental barriers and derive the accommodations that the person may require. The amended Americans with Disabilities Act (ADA) even recognises a disability which may not be actually there but may be perceived by others in addition to the major body functions, including but not limited to functions of the immune system, normal cell growth, digestive, bowel, bladder, brain and nervous system, respiratory, circulatory, endocrine, and reproductive systems. We seriously need to consider this to have more inlcusive disability law in the country. Published in Blog *Disability Rights Through Courts (* http://disabilityrightsthroughcourts.blogspot.in/2013/08/disabilities-cant-be-restricted-to.html ) regards Subhash Chandra Vashishth On 5 August 2013 18:56, 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: <accessin...@accessindia.org.**in <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-bounces@**accessindia.org.in<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<http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessind> >> ia.org.in >> >> >> Search for old postings at: >> http://www.mail-archive.com/**accessin...@accessindia.org.**in/<http://www.mail-archive.com/accessindia@accessindia.org.in/> >> >> To unsubscribe send a message to >> accessindia-request@**accessindia.org.in<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<http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in> >> >> >> Disclaimer: >> 1. 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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<http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in> >> >> >> Search for old postings at: >> http://www.mail-archive.com/**accessin...@accessindia.org.**in/<http://www.mail-archive.com/accessindia@accessindia.org.in/> >> >> To unsubscribe send a message to >> accessindia-request@**accessindia.org.in<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<http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in> >> >> >> Disclaimer: >> 1. 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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<http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in> > > > Search for old postings at: > http://www.mail-archive.com/**accessin...@accessindia.org.**in/<http://www.mail-archive.com/accessindia@accessindia.org.in/> > > To unsubscribe send a message to > accessindia-request@**accessindia.org.in<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<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.. > -- Warm regards, Subhash Chandra Vashishth Mobile: +91 (11) 9811125521 Please don't print this e-mail unless you really need to. Consider environment! 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..
