The attachment contains a compilation/extracts of instructions/guidelines issued by the Indian Banks Association and the Reserve Bank of India on banking facilities that should be made available to facilitate banking by persons with disability. I hope this is of some help in your deliberations.
Amrit Bakhshy On 12 July 2012 15:40, Dlu South <[email protected]> wrote: > Dear Friends, > > Greetings from Vidya Sagar! > > Pl find below a brief report on the discussion held yesterday (11th July > 2012) on the banking rights of Persons with intellectual disabilities and > Persons living with mental illnesses. > > Kindly share your inputs on the same. > > Do let us know if we could have a Stake holders meet on the same by 28th > Saturday or 29th Sunday of this month. Pl get back on your preferred > day/date by this week end. > > Vaishnavi, could you share the Know Your Customer policy of Banks with the > group? > > Thanks & Regards > > Smitha.S.S > > *REPORT*: > > Vaishnavi Jayakumar, Rahul Cheriyan, Amba Salelkar, Dipti Bhatia, > Dhanasekar.A, Shanthi.R and Smitha.S.S were part of the discussion. > > Smitha briefed about the issues faced by a group of young adults with > Cerebral palsy and Mental retardation in opening a bank account on their > own for availing loans for a self employment venture and the denial of > banking rights for Persons living with Mental Illnesses. > > Amba described the provisions from the Master Circular of RBI Guidelines, > specific to banking facilities for the elderly, sick, incapacitated persons > and persons with Visual Impairment, Access to physical disabilities, > banking for persons with intellectual disabilities through guardianship > from Local Level Committees as referred by the National Trust Act and for > persons with mental health issues through guardianship processed under the > District Magistrate. > > Rahul elaborated the process of contract between an individual and a bank; > that it is a consensus between the two parties and there would not be a > consensus in case of a person with an unsound mind; Legal capacity is > assumed to be, for all citizens at and above the age of 18, unless it is > proved otherwise; RBI Guidelines reflect default Legal Capacity for persons > with Visual Impairment and physical disabilities; whereas it requires > guardianship for persons with National Trust Disabilities and Persons with > Mental Illness. > > Further discussions were held on the provisions of the National Trust Act, > which gives room for the execution of legal capacity, without guardianship, > for persons with 4 National Trust disabilities. The eligibility of a person > living with mental illness, who has an understanding about the contract, to > sign a contract was made clear from the provisions of the contract act, > which only requires an understanding of the contract at the time of signing > the contract.These provisions had been perverted in the RBI Guidelines, > denying legal capacity for persons with intellectual disabilities and > mental illnesses. > > It was therefore decided to study the Know your Customer Policy of the > Banks and that certain regulations are formulated for this purpose. > > The group emerged with the following ideas to obtain banking facilities > for persons with intellectual disabilities / mental illness at ease: > > 1. 1. Banks to have a small questionnaire that is a simple test of > understanding of the client with respect to the contract being made. > > 2. 2. If dissatisfied, the client could be attended by an in-house > panel equipped with professionals on mental health and intellectual > disabilities. > > 3. 3. Branch manager could refer the client for an assessment to > Local Level Committees or Mental health Networks, the payment for services > being taken care by the banks. > > 4. 4. Any client with Mental Illness / Intellectual disabilities, > who have a proof of other transactions/contracts currently on use, need not > undergo the 2nd and 3rd processes. > > The group felt the need to organize a Stake holders meet to evolve new > ideas, formulations to enable easy access of banking facilities for persons > with intellectual disabilities and mental illnesses. The criterion of the > meet shall be as follows: > > · Disabled people to get easy access to banking > > · No discretion to be allowed on the part of the bank/bank > authorities > > · To introduce new recommendations to RBI guidelines > > The discussion came to a close with an agreement to hold the stake holders > meet at the earliest. > > > > > > > > > > -- > You received this message because you are subscribed to the Google > Groups "Mental Health Advocacy (Reform) India" group. > To post to this group, send email to [email protected] > To unsubscribe from this group, send email to > [email protected] > For more options, visit this group at > http://groups.google.com/group/MhaReformIndia?hl=en > ------------- > Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA > [email protected] > Discussions on mental health law / policy / plan monitoring / human rights > etc > [email protected] > India-specific news and views related to mental health > [email protected] > Information and support to carers of people with mental health issues > [email protected] > Mutual support and sharing of experiential knowledge, skills and social > learning amongst peers > -- “If you have come to help me* **You are wasting your time** **But** **If you have come** **Because your liberation is bound up with mine;** **Then let us work** **Together.”* -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/MhaNewsViewsIndia?hl=en ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers
