[AI] HC lets blind girl take up physiotherapy
Dear All I have a different take on it. It is not the job of judiciary to frame rules. It is the job of the executive. Despite having a specialised law protecting the rights of the disabled, the government is the primary delinquent flouting its own law. If we the disabled carry the attitude it is someone else's problem then why won't the executive throw rubbish on us? I am now speaking in context of the new law. We the disabled are showing little in fixing in the lacunas in the present law. We shall wake up when it is too late and make hue and cry blaming everyone except ourselves taking share of the blame. Friends, ask yourselves how many have even visited the blog? Its URL is in the bottom of every mail of AI. Why this complicancy? Harish Kotian. Sure, Kanchan has done a wonderful job by procuring provisional admission at least, for Kritika through judiciary. However, if the situation has really to change, such judgments don't have to be confined to an individual case, but courts have to lay down general principles to be applied across cases. For Instance, in this case, court could have laid down by way of ratio decidendi, that admission to a VI need not be denied in a course if s/he is qualified for admission and possibility exists that course can be undertaken by reasonable accommodation. Further, the presumption that certain disability prevents the study is logically flawed, the educational institution has to establish it. However, courts are not at all willing to lay down such principles, and so, judiciary represents a battle ground where almost three crore individual battles are going at present with average fighting period of 15 years at present. Regards If you believe that there is a God, a God that made your body, and yet you think that you can do anything with that body that's dirty, then the fault lies with the manufacturer. --Lenny Bruce (Rajesh Asudani) Assistant General Manager, Notice: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received this email by error, please notify us by return e-mail or telephone and immediately and permanently delete the message and any attachments. The recipient should check this email and any attachments for the presence of viruses. The Reserve Bank of India accepts no liability for any damage caused by any virus transmitted by this email. Voice your thoughts in the blog to discuss the Rights of persons with disability bill at: http://www.accessindia.org.in/harish/blog.htm 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
Re: [AI] HC lets blind girl take up physiotherapy
Well, laying down law is definitely not the job of judiciary but that of legislature and implementing it is that of executive. Judiciary comes into play only when executive does not discharge its obligations properly or there is need for proper interpretation. However, judiciary also comes into play when legislature and executive miserably fail to perform their duties, as it has done in case of sexual harassment of women at workplace in vishakha's case, and till this day, supreme court guidelines promulgated about 13 years ago are being followed to redress it in absence of a law to address the menace. In case of disabled, though law exists, its proper implementation and interpretation leaves much to be desired. If a Kritika has to go to court for getting admitted into physiotherapy, and succeeds, it should solve the problem of thousands of Kritikas by way of laying down proper interpretation. However, our judiciary is absolutely averse to such an approach, except much touted PILs, and I am sure many kritikas would have to knock the high doors of courts for procuring similar rights of theirs and many more would not be able to do so. My whole point is: one case properly decided, should avoid similar litigation for many more in the pipeline by clarifying the law and facilitating its proper implementation, but it does not happen. It is not merely confined to disability litigation only. And yes, I also feel disability sector is hardly bothered about ongoing legislative procedure, and if things remains they are, the whole process would not give us anything substantially different from what we have at present by way of disability act. Implementation is of course another story Here, I also request if the e mail IDs of committee members could be provided to me so that I can forward my comments to them on almost all reports which I have uploaded on the blog. Regards If you believe that there is a God, a God that made your body, and yet you think that you can do anything with that body that's dirty, then the fault lies with the manufacturer. --Lenny Bruce (Rajesh Asudani) Assistant General Manager, Reserve Bank of India Nagpur 09420397185 O: 0712 2806676 Res: 0712 2591349 -Original Message- From: accessindia-boun...@accessindia.org.in [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Kotian, H P Sent: Tuesday, August 03, 2010 1:31 PM To: accessindia@accessindia.org.in Subject: [AI] HC lets blind girl take up physiotherapy Dear All I have a different take on it. It is not the job of judiciary to frame rules. It is the job of the executive. Despite having a specialised law protecting the rights of the disabled, the government is the primary delinquent flouting its own law. If we the disabled carry the attitude it is someone else's problem then why won't the executive throw rubbish on us? I am now speaking in context of the new law. We the disabled are showing little in fixing in the lacunas in the present law. We shall wake up when it is too late and make hue and cry blaming everyone except ourselves taking share of the blame. Friends, ask yourselves how many have even visited the blog? Its URL is in the bottom of every mail of AI. Why this complicancy? Harish Kotian. Sure, Kanchan has done a wonderful job by procuring provisional admission at least, for Kritika through judiciary. However, if the situation has really to change, such judgments don't have to be confined to an individual case, but courts have to lay down general principles to be applied across cases. For Instance, in this case, court could have laid down by way of ratio decidendi, that admission to a VI need not be denied in a course if s/he is qualified for admission and possibility exists that course can be undertaken by reasonable accommodation. Further, the presumption that certain disability prevents the study is logically flawed, the educational institution has to establish it. However, courts are not at all willing to lay down such principles, and so, judiciary represents a battle ground where almost three crore individual battles are going at present with average fighting period of 15 years at present. Regards If you believe that there is a God, a God that made your body, and yet you think that you can do anything with that body that's dirty, then the fault lies with the manufacturer. --Lenny Bruce (Rajesh Asudani) Assistant General Manager, Notice: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received
[AI] HC lets blind girl take up physiotherapy
wow! a good news comes to us, by the grace of god, and hard efforts of kanchan pamnani mam. thank you, mam, for all of your nice efforts. you're doing fantastic work. folks, join me to cheer this girl and our own kanchan mam after reading the news below. --- HC lets blind girl take up physiotherapy Rebecca Samervel, TNN, Aug 3, 2010, 03.44am IST MUMBAI: Visually impaired Kritika Purohit (17) created a history of sorts on Monday, when the Bombay high court granted her provisional admission to the physiotherapy course at G S Medical College. Purohit is probably the first visually challenged student in the state to have got through a physiotherapy course. Even as it granted her the permission, the HC division bench, of Chief Justice Mohit Shah and Justice S C Dharmadhikar, chastised the government, saying when disabled people were trying to make a difference, the state should change their mindset and give them a chance. Purohit moved the high court when she was barred from appearing for the MH-CET exams. The HC, however, allowed her to take the exams and after clearing it, Purohit sought admission to the physiotherapy course at G S Medical College. However, the institute denied her admission; the state said Purohit was not being granted admission on the grounds that the course required handling of certain electrical devices that might pose a problem for the student''. Purohit's lawyer Kanchan Pamnani, also visually impaired, said it would be difficult for her to study but not impossible. Ordering the authorities to grant her provisional admission and the chance to attend classes, the court said, This mindset has to change. You must feel from within...many families have disabled people. That doesn't mean you don't accept them.'' Nothing is going to work out unless you make a beginning somewhere sometime,'' said Chief Justice Shah. Purohit's parents Shekar and Shaswati could hardly hold back tears. Kritika lost her sight when she was nine years old. But even at that age, she was interested in science and wanted to do physiotherapy. We are very proud of her,'' said her mother. --- regards, Prateek agarwal. Skype: Prateek_agarwal32 Wanna see inside me? My blog is the telescope: http://www.myfriendprateek.blogspot.com website: http://www.prateekagarwal.webs.com the best way to accomplish your softwares/websites development needs. You tell, I’ll build. Voice your thoughts in the blog to discuss the Rights of persons with disability bill at: http://www.accessindia.org.in/harish/blog.htm 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
Re: [AI] HC lets blind girl take up physiotherapy
No doubt that the efforts of Kanchan needs to be lauded, but as the judges have observed, it is a shame that we still have to fight for admissions and involve ourselves in a bully-off to win what is our due... Hope judgements like this change the situation. I feel that is the real triumph for Kanchan's efforts. Subramani On 8/3/10, prateek aggarwal prateekagarwa...@gmail.com wrote: wow! a good news comes to us, by the grace of god, and hard efforts of kanchan pamnani mam. thank you, mam, for all of your nice efforts. you're doing fantastic work. folks, join me to cheer this girl and our own kanchan mam after reading the news below. --- HC lets blind girl take up physiotherapy Rebecca Samervel, TNN, Aug 3, 2010, 03.44am IST MUMBAI: Visually impaired Kritika Purohit (17) created a history of sorts on Monday, when the Bombay high court granted her provisional admission to the physiotherapy course at G S Medical College. Purohit is probably the first visually challenged student in the state to have got through a physiotherapy course. Even as it granted her the permission, the HC division bench, of Chief Justice Mohit Shah and Justice S C Dharmadhikar, chastised the government, saying when disabled people were trying to make a difference, the state should change their mindset and give them a chance. Purohit moved the high court when she was barred from appearing for the MH-CET exams. The HC, however, allowed her to take the exams and after clearing it, Purohit sought admission to the physiotherapy course at G S Medical College. However, the institute denied her admission; the state said Purohit was not being granted admission on the grounds that the course required handling of certain electrical devices that might pose a problem for the student''. Purohit's lawyer Kanchan Pamnani, also visually impaired, said it would be difficult for her to study but not impossible. Ordering the authorities to grant her provisional admission and the chance to attend classes, the court said, This mindset has to change. You must feel from within...many families have disabled people. That doesn't mean you don't accept them.'' Nothing is going to work out unless you make a beginning somewhere sometime,'' said Chief Justice Shah. Purohit's parents Shekar and Shaswati could hardly hold back tears. Kritika lost her sight when she was nine years old. But even at that age, she was interested in science and wanted to do physiotherapy. We are very proud of her,'' said her mother. --- regards, Prateek agarwal. Skype: Prateek_agarwal32 Wanna see inside me? My blog is the telescope: http://www.myfriendprateek.blogspot.com website: http://www.prateekagarwal.webs.com the best way to accomplish your softwares/websites development needs. You tell, I’ll build. Voice your thoughts in the blog to discuss the Rights of persons with disability bill at: http://www.accessindia.org.in/harish/blog.htm 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 Voice your thoughts in the blog to discuss the Rights of persons with disability bill at: http://www.accessindia.org.in/harish/blog.htm 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
