Re: [AI] No fundamental right to claim reservation, State not bound to provide reservation in promotion: SC
I can not agree with you more Subhash. Sent from my iPhone > On 10-Feb-2020, at 1:02 PM, Rajesh Hardayaldas Asudani > wrote: > > I concur with Subhash jee. > > However, now getting DoPT and state governments to actually issue > notification for reservation in promotion for PWD has become manifold > difficult with this judgment. > > -Original Message- > From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf > Of SC Vashishth > Sent: 10 February 2020 12:11 > To: AccessIndia: a list for discussing accessibility and issues concerning > the disabled. > Cc: Harish Kumar P Kotian > Subject: Re: [AI] No fundamental right to claim reservation, State not bound > to provide reservation in promotion: SC > > Dear Harish, > > I feel the reservation in promotion in favour of SC and ST etc and > reservation in favour of persons with disabilities are two completely > different matters. The SC in recent judgement in Siddaraju Vs. State of > Karnataka & Ors has amply clarified this difference and how the limitation > set by Indira Sawhney judgement doesn't apply to promotion in reservation for > people with disabilities. SC had indicated in the order “A perusal of Indra > Sawhney would reveal that the ceiling of 50% reservation applies only to > reservation in favour of Other Backward Classes under Article 16(4) of the > Constitution of India whereas the reservation in favour of persons with > disabilities is horizontal, which is under Article 16(1) of the Constitution.” > > Therefore, a preferential treatment on the basis of disability duly supported > by the Disability laws is valid and can not be equated with preferential > treatment on the basis of caste or religion. But sadly the bureaucracy had > with its understanding of Art 16 and selective interpretation of Indira > Sawhney judgement, changed the language about reservation in promotion in the > RPwD Act 2016 and left it to the States to take a call on the reservation. > > I feel the essence of UNCRPD, which is sought to be implemented through the > new RPwD Act is ignored when an existing relief or better provision is taken > away in the name of CRPD implementation. Article 4(4) o CRPD specifically > provides as under: > > "4. Nothing in the present Convention shall affect any provisions which are > more conducive to the realization of the rights of persons with disabilities > and which may be contained in the law of a State Party or international law > in force for that State. There shall be no restriction upon or derogation > from any of the human rights and fundamental freedoms recognized or existing > in any State Party to the present Convention pursuant to law, conventions, > regulation or custom on the pretext that the present." > > Thus the new RPwD Act provisions can not take away the right to reservation > in promotion that existed in the PWD Act 1995 in the garb of implementing > CRPD. This must be continued in favour of the people with disabilities as it > existed to be in compliance with article 4(4) of the convention as above. > > Hope this clears the air. > > regards > > Subhash Chandra Vashishth > Advocate > > > >> On Mon, 10 Feb 2020 at 10:44, Harish Kumar P Kotian >> wrote: >> >> Hi >> I understand, there is a catch here. As per this judgement, the state >> government has to notify reservation in promotion. It could also hold >> good for us and I don't think any state government will not bother to >> do it for us as we are not a vote bank. >> >> Legal experts may throw more light and their opinion. >> Harish. >> >> -Original Message- >> From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On >> Behalf Of Vikas Kapoor >> Sent: 08 February 2020 22:20 >> To: AccessIndia: a list for discussing accessibility and >> issuesconcerning the disabled. >> Subject: [AI] No fundamental right to claim reservation, State not >> bound to provide reservation in promotion: SC >> >> No fundamental right to claim reservation, State not bound to provide >> reservation in promotion: SC New Delhi, list of 2 items Feb 07 2020, >> 19:11pm ist >> updated: Feb 07 2020, 21:09pm ist >> list end >> Reuters file photo >> Reuters file photo >> Highlights: Article 16 (4) and (4-A) (reservation in promotion) is >> clear which mean inadequacy of representation is a matter within >> subjective satisfaction of State State can form its own opinion on the >> basis of material through a Commission or Committee, person or >> authority The data to be collected is only to justify reservation in >> appointment or promotion to public posts Data collection on inadequate >> representation of SC/STs is a pre requisite and is not required when >> the state government decided not to provide reservations >> >> In a significant judgement, the Supreme Court on Friday said an >> individual cannot claim reservation as a fundamental right and the >> government is not bound to provide quota in pro
[AI] Fwd: Judgment on reservation in promotion
Sent from my iPhone Begin forwarded message: > From: Prasanna Pincha > Date: 20 January 2020 at 2:29:02 PM GMT-5 > To: "AccessIndia: a list for discussing accessibility and issues concerning > the disabled." > Subject: Judgment on reservation in promotion > > > Dear friends! > > Warm greetings from New York. > > I am pasting at the bottom of this letter recent supreme court judgment in > word format dated 14th January, 2020 pronounced by the Hon’ble supreme > court of India in Sidaraju Vs. the State of Karnataka which is > self-explanatory. > > Kudos to the learned counsel Mr. Rajan Mani and also to the learned counsel > of Mr. Sidaraju and to others, if any, who have played a genuine role in > obtaining such a landmark judgment of the Hon’ble supreme court. > > You may recall in this context that I had mentioned about this judgment just > two three days back in one of my posts on this list. > > With warm regards, > > Prasanna Kumar Pincha. > > > > > REPORTABLE > IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. > 1567 OF 2017 > > Appellant(s) > > VERSUS > > STATE OF KARNATAKA & ORS. > > WITH > > REVIEW PETITION (C) NO. 36 OF 2017 > IN > CIVIL APPEAL NO. 5389 OF 2016 > > CIVIL APPEAL NO. 300 OF 2020 > (Arising out of SLP (C) No. 11632 of 2017) > > CIVIL APPEAL NO. 299 2020 > (Arising out of SLP (C) No. 21197 of 2017) > > CIVIL APPEAL NO. 310 2020 > (Arising out of SLP (C) No. 4650 of 2019) > > CIVIL APPEAL NO. 6092 OF 2019 > > CIVIL APPEAL NO. 6095 OF 2019 > > > > J U D G M E N T > "Delay condoned. Leave granted. > Question which has arisen in this case is whether persons, governed under > "The persons with Disabilities (Equal Opportunities, Protection of Rights and > Full Participation) Act, 1995", can be given reservation in promotion. A view > has been taken by this Court in Rajiv Kumar Gupta & Others v. Union of India > & Others - (2016) 6 SCALE 417 in the affirmative. > > Mr. Ranjit Kumar, learned Solicitor General, points out that the prohibition > against reservation in promotion laid down by the majority in Indra Sawhney & > Others v. Union of India & Others - (1992) Supp. 3 SCC 215 applies not only > to Article 16(4) but also 16(1) of the Constitution of India and inference to > the contrary is not justified. > > Persons suffering from disability certainly require preferential treatment > and such preferential treatment may also cover reservation in appointment but > not reservation in promotion. Section 33 of the 1995 Act is required to be > read and construed in that background. > > We find merit in the contention that the matter needs to be considered by the > larger Bench. > > Accordingly, we direct the matter be placed before Hon'ble the Chief Justice > for appropriate orders. > > Union of India is at liberty to file its affidavit within one week from > today." > > 2) Parliament passed the Persons with Disabilities (Equal Opportunities, > Protection of Rights and Full Participation) Act, 1995 being Act 1 of 1996. > The statement of objects and reasons for the said Act states that a > Conference held at Beijing, China, in December, 1992 had adopted the > Proclamation on the Full Participation and Equality of People with > Disabilities in the Asia and the Pacific region India being a signatory to > the said proclamation found it > necessary to enact a suitable legislation to provide for the special care > that is necessary to remove discrimination against persons with disabilities > and to make special provision for the integration of such persons into the > social mainstream. > 3) Section 2(i) of the said Act defines "disability" as follows:- > > "(i) "disability" means- > > (i) blindness; > (ii) low vision; > (iii) leprosy-cured; > (iv)hearing impairment; > (v)locomotor disability; > (vi) mental retardation; > (viii) mental illness;" > > Section 2(t) defines "person with disability" as follows:- > > "(t) "person with disability" means a person suffering from not less than > forty per cent of any disability as certified by a medical authority;" > 4) The Act then provides for Central and State Coordination Committees > and prevention and early detection of disabilities. We are directly concerned > with Chapter VI of the Act which deals with identification and reservation of > posts for the purpose of employment. These Sections state as follows:- > "32. Identi
[AI] Links of two latest uploads on my youtube channel
Happy to share two links of latest uploads on my youtube channel, one in English and the other in Hindi on the topic "use of terminology in the context of persons with disabilities". https://youtu.be/Ehs8UhP2oHA https://youtu.be/k5Lbbhek_hI Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] Links of two latest uploads on my youtube channel
Hello friends! Happy to share links of two latest uploads, one in Hindi and the other in English, on my youtube channel on prevention of disability. Among other things, the reason for Uncrpd's silence on primary prevention is also very briefly aluded to in the discussion. https://youtu.be/aSh14in3ar4 https://youtu.be/C1q6hN-WcrU Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] link of my latest upload on my youtube channel
Hi friends! Happy to share with you the link of my latest upload on my youtube channel. It is the Hindi version of "basis of disability --- impairment or disease?" Happy listening! https://youtu.be/qSgtE7KNV-k Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] Latest upload on my youtube channel
Hello friends! Pasting below link of my latest upload on my yutube channel wherein I have talked about the basis of condition of disbility in relation to impairment or disease. Please do listen to it and reflect: https://youtu.be/sqEdQGs1_Ro Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] Coresponding link of my Youtube channel captioned Crpd part two (Hindi version)
Hi! As promised, I am sharing herewith corresponding link of my youtube channel captioned Crpd part two (Hindi version). Please do listen to it. <https://youtu.be/QC0n8mL7FmQ> https://youtu.be/QC0n8mL7FmQ Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] Youtube link of my channel on a discussion on Crpd part two
Hello friends! As you are aware, the committee on rights of Persons with Disabilities in their concluding observations on India's initial/country report has raised a host of concerns which, inter alia, include use of terminology such as divyang, ETC., and also non-inclusion of disability as a prohibited ground of discrimination under Article 15 of our Constitution. Of late, my attention was drawn to a statement made by a non-official member of the official delegation of India on these concerns in Geneva during the deliberations of the Crpd on India; and the said statement was made towing the official line taken by the govt. of India. In response to requests from friends, I have recorded and posted an audio clip on my youtube channel which gives my considered perspective and analysis of that statement. I am sharing the corresponding link below hoping that you will find it interesting and also promising that a Hindi version will also be uploaded as soon as possible. https://youtu.be/4KIXOI6XwkA Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] Latest upload on my youtube channel
Hello friends! Happy to share with you latest upload on my youtube channel captioned Crpd part one, English version containing a discussion on the concluding observations of Crpd on India's initial/country report. Crpd part two, both in hindi and English will follow soon: https://youtu.be/W5wTdqKxAuM With warm regards, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] Youtube link of my channel on discussion on concluding observations of CRPD --- part one
Dear friends! Pasting below youtube link of my channel containing discussion on concluding observations of CRPD --- part one in Hindi. The English version will also be uploaded soon. Part two of the said discussion both in hindi and in English will be uploaded within the next couple of days or so. https://youtu.be/MWTBcgu3EEI with warm regards, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] regarding committee on national policy on persons with disabilities
a Joint Secretary level officer 2. Secretary, Department of School Education & Literacy, Ministry of Human Resource Development, Shastri Bhawan, New Delhi with the request to nominate a Joint Secretary level officer 3. Secretary, Ministry of Women & Child Development, Shastri Bhawan, New Delhi, with the request to nominate a Joint Secretary level officer 4. Secretary, Ministry of Rural Development, Krishi Bhawan, New Delhi, with the request to nominate a Joint Secretary level officer 5. Executive Director, Ministry of Railways, Rail Bhawan, New Delhi with the request to nominate a Joint Secretary level officer (23383354, <mailto:v.shan...@gov.in> v.shan...@gov.in) 6. Secretary, Ministry of Housing and Urban Affairs, Nirman Bhawan, New Delhi with the request to nominate a Joint Secretary level officer 7. Dr. Kamlesh Kumar Pandey, CCPD, Chairman RCI and National Trust 8. Principal Secretary, Social Security, Government of Odisha, SIDR Building, Capital Hospital Campus, Unit-6, Bhubaneshwar-751001 Odisha 9. Principal Secretary/Secretary, Social Welfare, Government of Madhya Pradesh, Bhopal, Madhya Pradesh 10. State Commissioner for PwDs, Government of NCT of Delhi, 25-D, Mata Sundari Road, Near Guru Nanak Eye Center, New Delhi-110002 11. State Commissioner for PwDs, Government of Tamil Nadu, State Resource-cum-Training Centre Campus, Jawaharlal Nehru Inner Ring Road, K.K. Nagar, Chennai - 600078 Tamil Nadu 12. Shri Dipendra Manocha, National Association of Blind, Sector-5, R.K. Puram, New Delhi - 110022 13. Shri A.S. Narayanan, National Association of Deaf, 102, 19A Vishal Complex, Opp. Una Enclave, Mayur Vihar, Phase-1, Delhi - 110091 14. Ms Merry Barua, Action for Autism, Pocket 7 & 8, Jasola Vihar, New Delhi 110025 15. Shri Pankaj Maru, SNEH, 3/10 Adarsh Gandhi Gram Colony, Nagda Jn, Dist Ujjain, Madhya Pradesh - 456335 16. Major General Ian Cardozo, Ex-Chairman, RCI, E-150, East of Kailash, New Delhi - 110065 ( <mailto:ian_card...@yahoo.com> ian_card...@yahoo.com ; Tel.: 91-11-26221276 / 26221277 / 49122868) Copy to: 1. PS to Hon'ble Minister (SJ&E) 2. PS to Hon'ble MoS (SJ&E) 3. PPS to Secretary, DEPwD 4. PPS to JS (DC)/JS(PS) 5. PA to Dir (R) Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] My paper on enabling PWIDDs to exercise their legal capacity
Dear friends! Of late, I presented a paper on "Enabling Persons with Intellectual and Developmental Disabilities to Exercise their legal capacity" at a seminar organized by Indian Law Institute. Those interested to have a copy of the said paper may please write to me personally; and, I will try to send the paper to them by Email. With warm regards, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] My Youtube channel
Hello there! My heartiest wishes to each one of you for a happy and fulfilling Diwali. Friends! On the strength of your good wishes and blessings, and in response to requests from friends, I have started a Youtube audio channel on this auspicious occasion of Diwali. Through my audio clips, I will be discussing about issues associated with persons with disabilities in general, and about those of the blind in particular. I may, at times, also post audio clippings on issues of general interest. I am also exploring the possibility of adding a video component to my channel. Kindly subscribe to the channel and share these links. I will be using both Hindi and English languages. I am posting below two links, one in English and the other in hindi containing my introductory statement. This will be followed by other audio clippings. English Intro: https://www.youtube.com/watch?v=OYfhPBQoEg0 <https://www.youtube.com/watch?v=OYfhPBQoEg0&t=6s> &t=6s Hindi Intro: https://youtu.be/mn6-dUcLexE Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
Re: [AI] interface of Voiceover with Whatsapp and Facetime --- issues regarding iPhone
Hello aparna! Hearty thanks for sharing my concern and also for your idea which I intend to try when I am in the company of some sighted friend who uses iPhone. Incidentally, I did try with Siri; but not quite the way you are suggesting. Earlier on, when face with a similar situation, among other things, I had also asked siri to activate Voiceover on my phone after disconnecting a whatsapp call. It obliged me on a couple of occasions; but later, it started throwing up tantrums; it would just keep quiet after receiving my command. Last evening, after some experimentation with the help of my daughter who is in New York, I have discovered that for now, the following steps do work for me: 1. connect the device with earphone or headphone. 2. Make a whatsapp call. 3. While the call is on, deactivate Voiceover by pressing the Home key thrice. 4. On conclusion of the call, ask the other person to disconnect the call as you can not locate the disconnect button since the Voiceover is off. 5. after the other person disconnects the call, reactivate Voiceover by pressing the home key thrice and you will see voiceover will speak in your ears though in a feeble voice. 6. thereafter, use the Homekey to switch whatsapp by pressing it twice. 7. now the voiceover resumes functioning normally. Earlier, I had tried almost all kinds of tricks which a layperson can possibly conceive of, including those that have been lately suggested to me through the social media. However, for now, it seems this trick works best for me so far. Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. -Original Message- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Aparna Sachdev Sent: Monday, October 14, 2019 8:20 AM To: AccessIndia: a list for discussing accessibility and issues concerning the disabled. Subject: Re: [AI] interface of Voiceover with Whatsapp and Facetime --- issues regarding iPhone Hi sir I understand that it’s quite inconvenient, I’ve had the same issue even an iOS 12. While what I’m about to say is not a permanent solution for the problem, it is a temporary fix that’s functional enough for you to be able to carry out daily tasks on your own. after you’ve hung up on a call, just launch Siri for a second. You can dismiss Siri right after, You don’t have to get her to do anything at all. Just launching Siri after hanging up is generally sufficient to restore functionality. Hope this helps. Aparna > On 13-Oct-2019, at 12:45 PM, Prasanna Kumar Pincha > wrote: > > > > Dear friends! > > > > While I am not a very technosavvy person, I do use technology to cater to my > minimum current requirements. Myself being blind, I use accessibility > features like Voiceover, and Braille on my iPhone, Jaws screening reading > software on my laptop, ETC. Incidentally, I am currently using iPhone 7. > > > > Of late, I have been encountering serious issues of interface of Voiceover > with Whatsapp and Facetime. The Voiceover stops functioning when any > whatsapp call or facetime call concludes or ends; and, there is no way I can > bring it back, much less so without assistance from a sighted person. > Matters came to such a pass that Voiceover could not be restored even with > assistance from a sighted person. Since both my children are abroad, I need > to use Whatsapp and facetime almost on an everyday basis to stay in touch > with them. > > > > After grappling with this issue for quite a while and after trying all kinds > of tricks to resolve the issue, I had no choice but to lodge a > case/complaint with Apple vide case No. 100920048517 as all my efforts to > resolve the issue on my own failed. > > > > Following my complaint, the Apple engaged a technical adviser for me for > this issue who guided me, or for that matter my sighted assistant over the > phone for hours together on three different days if I remember > correctly.she, the technical adviser made my sighted assistant perform on my > laptop and my iPhone all kinds of tasks which resulted only in my iPhone > going blank and dead as all the software was uninstalled and it could not > be reinstalled. The only saving grace was that backup of my data was > retained in my laptop on itune. Finally, she advised me to go to a > nearest Apple service provider and get the phone restored. I however wish > to clarify that this problem happens only in respect of incoming and &
Re: [AI] interface of Voiceover with Whatsapp and Facetime --- issues regarding iPhone
Hi Sagar, Thanks you so much for the response. My whatsapp number is 09654089951. Looking forward to your tips. Regards Sent from my iPhone > On 13-Oct-2019, at 5:30 PM, Sagar Verma wrote: > > > Hi there, this issue has been reported, > It is very well known bug of iOS13 although I do not update my phone as soon > as the update is released, because the bugs are expected, > > The fact is we rely on accessibility services, it’s not always a good sign to > update immediately, > Share your WhatsApp details perhaps I can give you some tips, > I do understand your pain.. > > > Sent from my iPhone > >> On 13 Oct 2019, at 15:12, Prasanna Kumar Pincha >> wrote: >> >> >> >> Dear friends! >> >> >> >> While I am not a very technosavvy person, I do use technology to cater to my >> minimum current requirements. Myself being blind, I use accessibility >> features like Voiceover, and Braille on my iPhone, Jaws screening reading >> software on my laptop, ETC. Incidentally, I am currently using iPhone 7. >> >> >> >> Of late, I have been encountering serious issues of interface of Voiceover >> with Whatsapp and Facetime. The Voiceover stops functioning when any >> whatsapp call or facetime call concludes or ends; and, there is no way I can >> bring it back, much less so without assistance from a sighted person. >> Matters came to such a pass that Voiceover could not be restored even with >> assistance from a sighted person. Since both my children are abroad, I need >> to use Whatsapp and facetime almost on an everyday basis to stay in touch >> with them. >> >> >> >> After grappling with this issue for quite a while and after trying all kinds >> of tricks to resolve the issue, I had no choice but to lodge a >> case/complaint with Apple vide case No. 100920048517 as all my efforts to >> resolve the issue on my own failed. >> >> >> >> Following my complaint, the Apple engaged a technical adviser for me for >> this issue who guided me, or for that matter my sighted assistant over the >> phone for hours together on three different days if I remember >> correctly.she, the technical adviser made my sighted assistant perform on my >> laptop and my iPhone all kinds of tasks which resulted only in my iPhone >> going blank and dead as all the software was uninstalled and it could not >> be reinstalled. The only saving grace was that backup of my data was >> retained in my laptop on itune. Finally, she advised me to go to a >> nearest Apple service provider and get the phone restored. I however wish >> to clarify that this problem happens only in respect of incoming and >> outgoing Whatsapp and Facetime calls; and, it does not happen when I send or >> receive text messages or voice notes. >> >> >> >> In pursuance of her advice, I had no choice but to fix a slot with the >> nearest Apple service provider and visit them with my phone and laptop. They >> restored my phone and my data and asked me to make a whatsapp call. >> Accordingly, I made a brief Whatsapp call and found that the Voiceover did >> work after the call ended. However, after I left the Apple service centre, >> the same problem cropped up again with the result that I am now terribly >> scared of making or receving Whatsapp or Facetime calls. And as if all >> this was not enough, I was charged for restoring my phone though the issue >> continues to remain unresolved; and, it all happened not owing to any fault >> on my part. >> >> >> >> In the meantime, my daughter who operates out of new York got in touch with >> some accessibility expert working with apple and explained my plight. The >> said accessibility expert is understood to have told her that he has already >> escalated this issue as he received similar complaints from other blind >> users as well. He expressed the hope that the issue will be resolved when >> apple comes up with next update. >> >> >> >> Last evening, after I returned from the Apple service provider, so utterly >> distraught, I shot up a mail to my technical adviser. Following this she >> called me and said that she too is escalating it; and she hoped that she >> would perhaps get back to me after 48 hours. She also expressed her regret >> for inconvenience caused to me and thanked me for my cooperation. One of the >> facts which I pointed out to her is how inaccessible are customer complaint >> services of apple for users with blindness. Just see, in order for you to >&
[AI] interface of Voiceover with Whatsapp and Facetime --- issues regarding iPhone
-operate accessibility features are invariably incorporated in the upcoming devices and that accessibility issues are kept in mind by such companies while releasing updates of various softwares. Besides, customer care services must be made easily accessible by users with blindness keeping in mind that one may not always have the company of a computer skilled sighted person. Friends! In case you deem fit, kindly share this narrative with maximum number of people as many other users with blindness are already facing this issue and many more are likely to face this in the days ahead. With very warm regards, Prasanna Kumar Pincha. Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] A suggestion
Hello there! Perhaps, the third meeting of the Central Advisory Board on Disability constituted under the RPD Act, 2016 is slated to be held today; and, it may well be under way as I am writing this mail. Against this backdrop, I feel inclined to suggest that the Department of Empowerment of Persons with Disabilities, govt. of India should ensure live webcast of the proceedings of the future meetings of the said Board on the lines the CRPD meetings are webcast live. This suggestion, if acted upon, will enable persons with disabilities to know firsthand what issued have been discussed in a given meeting; and, what matter has been raised by which member together with the response of the Govt. I have shot up an email to the Secretary of the Department of empowerment of Persons with Disabilities, govt. of India containing the this and a couple of other suggestions. May be some of you would feel inclined to do the same. With very warm regards, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
[AI] fShow cause notice to Cheif electoral Oficer Delhi
e: DHARIYAL2oi9.o5.i3 16:43:12 -07'00' (T.D. Dhariyal) State Commissioner for Persons with Disabilities Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
Re: [AI] Non-compliance of uniform guidelines for conducting written examination
Dear friend! I am enclosing herewith guidelines which are currently in vogue. These guidelines have been issued by the ministry of social Justice and Empowerment, govt. of India; and, they are self-explanatory. I guess the UGC has also circulated these guidelines. You may bank on this set of guidelines; and, if the concerned authorities still do not comply with them, you can approach the State Commissioner for Persons with Disabilities, if the concerned university has been created under an Act of the state legislature; and, the Chief Commissioner for Persons with Disabilities, Govt. of India if the concerned university is a central university. Hope this answers your querry. With warm regards, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. -Original Message- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of pratik shah Sent: Thursday, April 04, 2019 10:18 AM To: AccessIndia: a list for discussing accessibility and issues concerning the disabled. Subject: Re: [AI] Non-compliance of uniform guidelines for conducting written examination Hello experts, One of my college student suffering from Glucoma, having almost no vision, has not been given any extra time for university exam. At Sardar Patel University, he has been doing BBA and now in fourth semester. For last three semester, he has not been given any extra time. He wants more time to complete his exam. At present 2 hours are available for 60 marks paper. His fourth semester exam commencing on April 8. Can I take action or whom should I contact to allow this student extra time. Is there any universal guideline from UGC in this regard? On 4/3/19, Aishwarya Pillai wrote: > @Prasanna Pincha > > Dear Prasanna Sir, > > Both as an individual with vision loss and also as a person working as > a Rehabilitation Counselor, please count me in when it comes to > supporting this initiative. I work in Institute for Vision > Rehabilitation, LV Prasad Eye Institute. Time and again our clients > keep facing issues when dealing with scribe guidelines. to our maximum > extent, we try to resolve them by talking to the exam administration, > but a permanent solution to this is the need of the hour. I would be > able to represent as an individual with vision loss, also represent on > behalf of our clients facing similar issue besides bringing forth my > organization's support in this matter. > Thank you for all your responses and I certainly believe that as > stakeholders we can bring forth the change in this matter! > > With regards, > Aishwarya. > > > > > > > On 4/2/19, dipendra.li...@gmail.com wrote: >> Dear pinchaJi >> >> Very clear binding policy/legislation is a very welcome idea. In addition >> to >> scribes, the legislation would need to address examination holistically >> including >> >> A. accessibility of online examinations or examinations on computers. >> B. Enabling persons with print disabilities to be able to write their own >> examinations using computers or braille >> >> I will be whole heartedly support such an initiative. >> >> Thanks >> Dipendra >> >> -Original Message- >> From: AccessIndia On Behalf Of >> Prasanna Kumar Pincha >> Sent: 01 April 2019 22:30 >> To: 'AccessIndia: a list for discussing accessibility and issues >> concerning >> the disabled.' >> Subject: Re: [AI] Non-compliance of uniform guidelines for conducting >> written examination >> >> Dear Aishwarya! >> >> I guess I can not agree with you more. However, let me put my views >> across >> on your suggestion in the following manner: >> >> The enabling units operating in various colleges across the country and >> the >> Equal Opportunity Cells operating in different universities ought to be >> appropriately empowered and strengthened in a variety of ways including >> by >> enhancing allocation of funds to these Cells and Units, and by providing >> adequate infrastructural and logistical facilities so that these Units >> and >> Cells are able to function in a more effective and vibrant manner; and >> not >> just end up performing some small tasks merely in the ritualistic sense. >> Persons with disabilities should also have a greater role in the modus >> operandi of such Units and Cells. >> >> Getting back to the substantive issue of a
Re: [AI] Non-compliance of uniform guidelines for conducting written examination
Sure, Aishwarya. I will certainly keep this in mind. The very fact that persons with disabilities, especially, the blind keep facing issues despite the guidelines is justification enough for a binding legislation which will be applicable uniformly throught the country. Aishwarya, kindly do not mind the delay in my responding to you. Actually, I am not very active on such mailing lists although I very much appreciate its value. With warm regards, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. -Original Message- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Aishwarya Pillai Sent: Wednesday, April 03, 2019 11:15 AM To: AccessIndia: a list for discussing accessibility and issues concerning the disabled. Subject: Re: [AI] Non-compliance of uniform guidelines for conducting written examination @Prasanna Pincha Dear Prasanna Sir, Both as an individual with vision loss and also as a person working as a Rehabilitation Counselor, please count me in when it comes to supporting this initiative. I work in Institute for Vision Rehabilitation, LV Prasad Eye Institute. Time and again our clients keep facing issues when dealing with scribe guidelines. to our maximum extent, we try to resolve them by talking to the exam administration, but a permanent solution to this is the need of the hour. I would be able to represent as an individual with vision loss, also represent on behalf of our clients facing similar issue besides bringing forth my organization's support in this matter. Thank you for all your responses and I certainly believe that as stakeholders we can bring forth the change in this matter! With regards, Aishwarya. On 4/2/19, dipendra.li...@gmail.com wrote: > Dear pinchaJi > > Very clear binding policy/legislation is a very welcome idea. In addition > to > scribes, the legislation would need to address examination holistically > including > > A. accessibility of online examinations or examinations on computers. > B. Enabling persons with print disabilities to be able to write their own > examinations using computers or braille > > I will be whole heartedly support such an initiative. > > Thanks > Dipendra > > -Original Message- > From: AccessIndia On Behalf Of > Prasanna Kumar Pincha > Sent: 01 April 2019 22:30 > To: 'AccessIndia: a list for discussing accessibility and issues concerning > the disabled.' > Subject: Re: [AI] Non-compliance of uniform guidelines for conducting > written examination > > Dear Aishwarya! > > I guess I can not agree with you more. However, let me put my views across > on your suggestion in the following manner: > > The enabling units operating in various colleges across the country and the > Equal Opportunity Cells operating in different universities ought to be > appropriately empowered and strengthened in a variety of ways including by > enhancing allocation of funds to these Cells and Units, and by providing > adequate infrastructural and logistical facilities so that these Units and > Cells are able to function in a more effective and vibrant manner; and not > just end up performing some small tasks merely in the ritualistic sense. > Persons with disabilities should also have a greater role in the modus > operandi of such Units and Cells. > > Getting back to the substantive issue of a binding legislation, it is > desirable that a consensus gets evolved amongst primary stakeholders, > particularly, amongst various groups and organizations of the blind. If > that > happens, one may actively consider putting together a preliminary draft > legislation which can form the basis of discussion and deliberation amongst > persons with disabilities which can then be fine-tuned in the light of such > discussions and deliberations. The draft to be so finalized may form part > of > our collective advocacy efforts for this purpose. > > Aishwarya, let me clarify that I am now retired albeit I am associated with > the National Human Rights Commission as its Special Rapporteur; and in that > capacity, I can perform only the task assigned to me by the Commission. > Besides, my job as special Rapporteur is to give my opinion/views on > matters > that are referred to me from time to time by the Hon'ble Commission. > > With warmth and regards, > > Prasanna Kumar Pincha > > > Former Chief Commissioner for Persons with Disabilities, > > Ministry of Social Justice and Empowerment, > > govt. of
Re: [AI] Non-compliance of uniform guidelines for conducting written examination
Dear Aishwarya! I guess I can not agree with you more. However, let me put my views across on your suggestion in the following manner: The enabling units operating in various colleges across the country and the Equal Opportunity Cells operating in different universities ought to be appropriately empowered and strengthened in a variety of ways including by enhancing allocation of funds to these Cells and Units, and by providing adequate infrastructural and logistical facilities so that these Units and Cells are able to function in a more effective and vibrant manner; and not just end up performing some small tasks merely in the ritualistic sense. Persons with disabilities should also have a greater role in the modus operandi of such Units and Cells. Getting back to the substantive issue of a binding legislation, it is desirable that a consensus gets evolved amongst primary stakeholders, particularly, amongst various groups and organizations of the blind. If that happens, one may actively consider putting together a preliminary draft legislation which can form the basis of discussion and deliberation amongst persons with disabilities which can then be fine-tuned in the light of such discussions and deliberations. The draft to be so finalized may form part of our collective advocacy efforts for this purpose. Aishwarya, let me clarify that I am now retired albeit I am associated with the National Human Rights Commission as its Special Rapporteur; and in that capacity, I can perform only the task assigned to me by the Commission. Besides, my job as special Rapporteur is to give my opinion/views on matters that are referred to me from time to time by the Hon'ble Commission. With warmth and regards, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. -Original Message- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Aishwarya Pillai Sent: Monday, April 01, 2019 3:55 PM To: AccessIndia: a list for discussing accessibility and issues concerning the disabled. Subject: Re: [AI] Non-compliance of uniform guidelines for conducting written examination @Prasanna Sir and Rajendra, Dear Prasanna Sir, A Central Legislation is indeed an apt solution for this problem. I hope the Ministry considers this and extends to set this up soon. Sir, since you are already dealing with issues pertaining to examination for PWD, could I ask you about your opinion on setting up seperate units at each university and college to specially help out PWD? if I may explain more, these units will take responsibility for every requirement of PWD which may include, paperwork for admissions and exam application, providing accessible educational material,disseminate information concerning facilities for PWD and also assist them for scribe application so that one need not run from pillar to post to get their things done. Considering the present facilities, it is anything but easy for PWD. Please let me know what you think of it. Thank you in advance! Dear Rajendra, Please download the guidelines from the Dropbox link below: https://www.dropbox.com/s/hjiglmdpc7lqj92/Guidelines%20for%20conducting%20wr itten%20examination%20for%20Persons%20With%20Benchmark%20Disabilities%20%28A ug%202019%29.pdf?dl=0 With regards, Aishwarya. On 4/1/19, rajendra dhurve wrote: > Can anyone share the latest scribe guideline please? > Regards: > > On 4/1/19, Prasanna Kumar Pincha wrote: >> Dear friends! >> >> It has been quite a while since persons with disabilities have been >> grappling with this very crucial issue of norms and guidelines for >> conduct >> of their examination. I view the discussion which has ensued on this >> mailing list as a part of that larger ongoing discourse. >> >> Since the issue has enormous and significant implications for us as >> persons >> with disabilities in general, and for the younger generations of persons >> with disabilities in particular, I feel inclined to put matters in >> perspective in my own way. >> >> It goes without saying that the norms and guidelines which are currently >> in >> vogue are intended to govern both academics related and recruitments >> related >> examinations. Evidently, what is currently in place is a set of >> guidelines >> for conducted of examinations of persons with disabilities; and, as such, >> they do not have the force of law. Guidelines, as the very nomenclature >> suggests, are not mandatory albeit it is expected of examining >> authorities >>
Re: [AI] Non-compliance of uniform guidelines for conducting written examination
Dear friends! It has been quite a while since persons with disabilities have been grappling with this very crucial issue of norms and guidelines for conduct of their examination. I view the discussion which has ensued on this mailing list as a part of that larger ongoing discourse. Since the issue has enormous and significant implications for us as persons with disabilities in general, and for the younger generations of persons with disabilities in particular, I feel inclined to put matters in perspective in my own way. It goes without saying that the norms and guidelines which are currently in vogue are intended to govern both academics related and recruitments related examinations. Evidently, what is currently in place is a set of guidelines for conducted of examinations of persons with disabilities; and, as such, they do not have the force of law. Guidelines, as the very nomenclature suggests, are not mandatory albeit it is expected of examining authorities to comply with them. Non-compliance do not attract any penal action. Thus, from a legal point if view, the examining authorities are free to comply with them totally, partially, or even to ignore them altogether despite what is expected of the; and hence, they can have their own set of guidelines which may be at variance with the ones that have been issued by the Ministry of Social Justice and empowerment, govt. of India. This, in my view, accounts for the lack of uniformity of compliance with them across the country. In the above view of the matter, I have been pushing and advocating the idea of a central legislation which would govern norms of examination, both academics related and recruitments related, for persons with disabilities; and, have been trying to garner support and solidarity from all quarters. I have also written to the Ministry of Social Justice and Empowerment, Department of empowerment of Persons with Disabilities, govt. of India for this purpose. A properly enacted central legislation will result in A. ensuring uniformity of its application and compliance across the country; and, b. seeking relief from courts in the event of violation of its provisions. Some people may argue that disability being a state subject, the union parliament can not enact such a legislation. This argument stands demolished in the face of the fact that India is a state party to the United Nations Convention on the Rights of Persons with Disabilities; and as such the Union Parliament can, invoke Article 253 of the constitution of India and can enact a legislation to harmonize the specific stipulations enshrined in Articles 24, (on education), 26, (on habilitation and rehabilitation), and 27 (on work and employment) respectively despite disability being a state subject as this will be done towards fulfillment of international obligation. This could well be a specific measure as stated above in addition to the generic measures envisaged by and under the RPD Act, 2016 and Mental Healthcare Act, 2017. I strongly feel that such a legislation be enacted after thorough and threadbare consultations with all the stakeholders in general, and, with the primary stakeholders, i.e., with persons with disabilities. This suggestion, if acted upon, would be a durable and long-term solution. Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. -Original Message- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Aishwarya Pillai Sent: Monday, April 01, 2019 11:30 AM To: AccessIndia: a list for discussing accessibility and issues concerning the disabled. Subject: Re: [AI] Non-compliance of uniform guidelines for conducting written examination @ Matreya and Satender Dear Matreya, Thank you so much for sharing the file with me. I absolutely don't understand whuy inspite of the UGC circulating this, many universities don't comply to it. At the end of all this, the candidate with vision loss has to be at the struggling end all the time. Thanks for offering your support in this matter. I am in for it too. Dear Satender, It is nice to know you have been addressing this issue. i pledge my support in this endeavour to take up this matter. The latest incident i can bring to your notice is that of a young lady who is doing her Bachelors from Dr. Br. Ambedkar University. It seems the only cfacility that she can avail is that of a scribe alone. I had to talk to one of the staff to let them allow the compensatory time for her. I was told that they are not aware of any such circular and if they have to implement it in their university, it will take two to three months time. Nevertheless, he sa
Re: [AI] Review petition challenging 50% vision, hearing disability limit for judge's post to be filed next week
This is a welcome move; and, I express my solidarity with advocate V. Surendra Mohan. I would appreciate if someone could give me the phone No. of Advocate v. surendra Mohan. With warm regards, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. -Original Message- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Ramya Venkitesh Sent: Friday, February 15, 2019 10:08 AM To: accessindia@accessindia.org.in Subject: [AI] Review petition challenging 50% vision, hearing disability limit for judge's post to be filed next week The Supreme Court bench order stipulating a 50% disability limit in hearing and vision impairment for the post of civil judge is all set to be challenged. Next week, Advocate V Surendra Mohan plans to file a review petition seeking that the order be placed before a larger bench. Advocate Mohan was held ineligible for the post of civil judge by the bench of Justices Ashok Bhushan and K M Joseph as he has a 75% vision disability. The bench was hearing his appeal against the Madras High Court's dismissal of his writ petition challenging the Tamil Nadu Public Service Commission Read more <https://newzhook.com/story/21394> Regards Ramya 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.. 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..
[AI] Regarding appointment of new CCPD
Hello there! For the benefit of friends who may not know this: I wish to share this piece of information that the tenure of the CCPD Dr. kamalesh Pande got over, perhaps on 27th January last and interview for appointment of new CCPD also got over in the first week of the current month. My information is that a total number of eight candidates were short listed and invited for the interview. This included Dr. Kamalesh Pande who applied afresh as he must not have attained the age of sixty years on the 1st of January, 2018 as required by the corresponding advertisement. While the relevant RPD rule says that a serving CCPD can be given another term, it does not explicitly specify if that has to necessarily happen by fresh recruitment or by even grant of extension. The Govt's interpretation of the relevant rule is that this can happen only by making fresh recruitment and not by extension. The candidate, in order to be eligible to apply must not attain the age of sixty years on the 1st of January of the year in which the post is advertised. One blind candidate was also shortlisted and invited for the interview. Warmly, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
Re: [AI] Introductory
Hearty thanks, Nagaraj for your kind words. Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. -Original Message- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Nagaraj H Sent: Wednesday, February 13, 2019 10:10 PM To: AccessIndia: a list for discussing accessibility and issues concerning the disabled. Subject: Re: [AI] Introductory welcome prasanna sir, under your leadership has a ccpd lot of development took place and you are role model to all of us. On 2/13/19, Prasanna Kumar Pincha wrote: > Dear friends! > > > > I am happy to join this group for now. By way of introduction, all I wish > to > say is that my name is Prasanna Kumar Pincha; and that I am a citizen who > happens to be blind since birth. > > > > In this introductory mail, I also wish to make the following statement. > > > > 1.That I may not remain very active on the group all the time, i.e., > on a continuous basis. > > > > 2.I may not take a look at all the mails regularly. > > > > 3.Kindly do not presume that I will necessarily read all the mails. > > > > 4.I may respond only to mails where I feel a response from me is > warranted. > > > > It goes without saying that I have always been an ardent admirer of > constructive discussion wherever such discussion takes place including the > constructive discussions that happen on this platform. > > > > Warmly, > > > > > > Prasanna Kumar Pincha > > > > > > Former Chief Commissioner for Persons with Disabilities, > > > > Ministry of Social Justice and Empowerment, > > > > govt. of India, New Delhi. > > > > > > Former chairperson > > > > National Trust for the Welfare of Persons with Autism, Cerebral Palsy, > Mental Retardation, and Multiple Disabilities, > > > > Ministry of Social Justice and Empowerment, > > > > Govt. of India, New Delhi. > > > > > 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.. > > 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.. 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..
[AI] Introductory
Dear friends! I am happy to join this group for now. By way of introduction, all I wish to say is that my name is Prasanna Kumar Pincha; and that I am a citizen who happens to be blind since birth. In this introductory mail, I also wish to make the following statement. 1. That I may not remain very active on the group all the time, i.e., on a continuous basis. 2. I may not take a look at all the mails regularly. 3. Kindly do not presume that I will necessarily read all the mails. 4. I may respond only to mails where I feel a response from me is warranted. It goes without saying that I have always been an ardent admirer of constructive discussion wherever such discussion takes place including the constructive discussions that happen on this platform. Warmly, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. 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..
Re: [AI] Social audit
Thanks Harish. One friend just told me that normal mode will be more convenient for me. I leave the matter to your judgment. Warmly, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. -Original Message- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Kotian, H P Sent: Wednesday, February 13, 2019 11:01 AM To: 'AccessIndia: a list for discussing accessibility and issues concerning the disabled.' Subject: [AI] Social audit All Copying a mail as requested. Regards Harish. Quoting: Dear Harish! Warm greetings from New Delhi. I am pasting hereunder an email which I sent to the Hon'ble Minister of Social Justice and Empowerment, govt. of India which speaks for itself. I feel this is an important matter, and to my knowledge, nobody has so far raised it. Kindly post it on acces India Group. To The Hon'ble Minister of Social Justice and Empowerment, Govt. of India, Shastri Bhavan, New Delhi Dated 13th April, 2019 Subject: Social Audit of schemes and programmes as mandated under RPD Act, 2016. Respected sir! Warm greetings from New Delhi! This is to impress upon you the need for taking appropriate and urgent action on a matter which has significant implications on the lives of persons with disabilities. I do sincerely hope that this communication of mine does not meet the same fate as its predecesors, i.e., my earlier communications containing my humble suggestions on important matters as they all went unresponded. I am sure you will see eye to eye with me when I submit that the benign Govt. may agree or disabree; or for that matter, accept or reject any or all of my suggestions, but they certainly merit response. I do have an open mind; and, I am always willing to be convinced otherwise if there is good reason and solid justification for doing so. Likewise, I do hope that the govt. is also willing to be convinced about my submissions appreciating the merit inherent in them. Sir! Having said as above, I wish to draw your kind attention to Section 48 of the Rights of Persons with Disabilities Act, 2016 which runs as follows: 48. The appropriate Government shall undertake social audit of all general schemes and programmes involving the persons with disabilities to ensure that the scheme and programmes do not have an adverse impact upon the persons with disabilities and need the requirements and concerns of persons with disabilities. Sir! You may so kindly be pleased to appreciate that both the parent Act, i.e., the RPD Act, and also the central Govt. Rules framed thereunder are ominously silent about the modus operandi of Section 48; i.e., that is, neither the RPD Act nor the rules framed thereunder envisage any implementation mechanism with regard to this highly crucial and critical provision on social audit of schemes and programmes implemented by the govt. of India in general, and, by the Department of Empowerment of Persons with Disabilities in particular for the benefit and well-being of persons with disabilities. The same goes in respect of the state Govts and the concerned departments. To my knowledge, even the corresponding rules of the state govts which have notified such rules also do not contain the modus operandi of the provision relating to social audit. In the above view of the matter, I would suggest that the corresponding RPD rules be suitably amended in particular to devise appropriate and effective mechanism for implementing this important provision relating to social audit. The proposed mechanism should, inter alia, include the following: Modus operandi; details of eligible participants, periodicity, and follow-up action on the social audit report, ETC. All the state Govts must also be asked to follow suit. The primary stakeholders, i.e., persons with disabilities themselves must form integral part of social audit exercise. I am putting this communication in the public domain in the fervent hope to generate constructive discussion and reflection of matters of this ilk. With very warm regards, Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy
