MEMORANDUM FOR IMPLEMENTATION OF 1995 DISABILITY ACT AND PASSING OF RIGHT TO PERSON WITH DISABILITY ACT 2014.
DR. Balraj VISHNOI
(convenor, National Seminar SAP 2015)
Hon’ble President of India
Hon’ble Prime Minister of INDIA
Hon’ble chief Justice of INDIA
Hon’ble Governor of all States
Hon’ble Chief Ministers of all states
Hon’ble Minister of Social Justice and Empowerment,
India & all States
Hon’ble Minister for HRD
Subject: For implementation of matter with reference to DISABILITY RIGHTS of Specially Abled People .Kindly consider the agenda on their behalf as given below and burning issues for welfare of pwd but avoided by policy makers since long period of 19 years INDIA is a matter of grievance for SPECIALLY ABLED PERSON(SAP) even after 1995 act passed by hon. parliament of India and few states since 1976 and latest in 2011 but the position is similar in almost all states of the nation.
Kindly give directions for implementation welfare measures with priority in following areas to give security to Person With Disabilities with full participation and inclusion in mainstream, providing autonomy with respect-full autonomy for dignified life with focus on non discrimination. Violation of fundamental-human rights in the politico-,socio- economic area continues. It is punishable under EOA act 1995 but most cases are ignored by few members of higher authority of State let RPWD 14 bring change in India and need to be passed at earliest by Hon. PARLIAMENT. Equal recognition & inclusion without any barriers (econ-socio-physical) with accessible with free medical aid on priority.
1 Strict steps to end DISCRIMINATION with equal footing with so called Enabled people of society with Government obligation to provide reasonable accommodation and protection of rights of specially abled people. Discrimination on the basis of disability include estrangement and exclusion in a society and need to be recognized on equal grounds compare to so called enabled.
2 Special cell for protection of Rights of women with disability as its the case of discrimination both physical and social with higher risk outside the home as well as inside the home due to violence & sexual abuse facing neglect from society and exploitation more in rural areas compare to urbanite female disabled.
3 To appoint full time commissioner for hearing and at least as deputy commissioner /assistant commissioner with disabilities on deputation or disability rights activists from the bureaucracy/disability rights activist on deputation from other department/NGO to achieve neutrality & sensitivity towards pwd as representative of the Government to bring positive changes.
4. Kindly direct for Implementation of Hon. Commissioner disabilities judicial order no.127/2012 (RAJ.) for same rules for Union & State Government in reservations of government jobs as per hon. S.C.Order for special recruitment drive & appointment of nodal officers in departments for this purpose on priority for specially abled people and recent directions of HON S.C. recent directions dated 8.10.13 and March 2014 by CJI Corum in both the cases.
5. Kindly direct for ESTABLISHMENT OF DISABILITIES COMMISSION as well as meeting of state level coordination committee on regular time bound period with representation of specially- abled- person in such committees with non political background sustaining neutral ideology.
6 Specially abled persons to be given reservation in promotions in identified pots in departments, commissions and boards along with roster register maintain from 7.2.96 , calculation of category wise backlog, as per post for 3% reservation, appointment as per available backlog by special recruitment drive, selection of pwd beyond merit by separate reservation and to direct appointing authorities to get NOC from hon. commissioner disabilities with a copy to hon. chief secretary for compliance as per order dated 8.10.12 to secretary DOPT by commissioner disabilities.
7 Assistance in MEDICAL TREARMENT by providing free of cost treatment to vishesh-yogyajan (disabled) as well as members of fam MEDICAL ASSISTANCE: Treatment of specially abled person without any cost as well as the dependence of family members with priority to multiple disabled members in States & U.Ts. suffering from disability in one family.
8 Priority for person having disabilities in Employment Linked Skill Training
Programmes (ELSTP) eg Rajasthan Skill and Livelihood Development Corporation
(RSLDC). RSLDC launched Employment Linked Skill Training Programmes (ELSTP) in
October, 2012 through Training Partners (TPs) selected by an open process. Skill development is also taken as a mission by hon. Prime minister of India in upcoming years for employment generation.
9 The Specially abled person getting pension should be consider as BPL category to get government facilities similar to BPL AND their pension should be raised from mere mount @ of Rs 500(varying state to states) to Rs 6000 per month on regular basis. Specially Abled People without any source of income shall be given monthly pension by the government on priority with immediate effect and on regular basis without interruption.
10. Implementation of rules in state regarding current recruitment going on through public service commission like RPSC, HPSC ,MPPCS, UPPCS and Maharashtra civil services as well as subordinate services etc. Example as seen in rule 40 clause 1 of disability rights rules 2011 (State Government) & execute Rule 41 to provide allowance for appearing in exams by Specially Abled Persons all over the nation.
11. BJP Manifesto chapter 14 regarding PWD should be implemented in full such as: a) Strengthening of Schemes for Specially Challenged should be strengthened at the earliest, free education and livelihood along with EARNING CAPACITY programmes to SAP.
b) Reservation for Persons with Disabilities in jobs to be ensured at the earliest.
c) Adoption of a comprehensive policy & implementation of programme for the skill development (as announced by hon.P.M. on 15th August 2014) d) Employment and rehabilitation of the Persons with Disabilities as soon as coming to power is almost completed long period.
e) Consideration of the programmes and institutions for Persons with Disabilities will be on priority.
f) Lifetime hostels will be established disabled as per needs & innovative SAP.
12. EDUCATION: Policy of inclusive education where students without any disability study with specially abled and learn the teaching system as per adaptation of special needs and further such especially Abled students should be given proper chance to merge with main stream of society in education. Even for general B.ED qualified teachers should be appointed as special educators and in the meanwhile with the training of such special educators after appointment during probation period to be specialized with curriculum related to specially challenged students in school and colleges.
13. LIFETIME ACCIDENTAL AND MEDICAL INSURANCE: For all specially persons such arrangements can be ensured through schemes like Nirmaya should be encouraged and reputed insurance companies like ICICI Lombard, Bajaj Allianz etc. with assistance under National Trust of India as special drive like that of emergency services for the health security of PWD.
14. Government should further register every disabled children since birth and bear the responsibility of early diagnosis as well as treatment and counselling of family members along with treatment given to such specially challenged children.
15. Specially abled people should get at least 80 % concession along with escort in state buses all over India in all the three categories with the disability of 40% and above on all the routes in respective of particular state to which he or she belong & 60% concession by air-routes.
16. SPORTS ASSISTANCE AND FACILITIES: Today as the especially able persons doing well in Para Olympics level as well as in Asiad as seen in case SAP players all over India but still there is lack of infrastructure in states as well as in the capital of India in terms of basic facilities for stadiums etc. with new technology. Further these players should be given reputed positions in the state all Indian level services in the government as well as in PSUs etc. with honour & facilities similar to international Olympic and Asiad winners of India. Such Discrimination should be prohibited with proper guidelines.
17. TOOL FREE HELPLINES AND IMMEDIATE ASSISTANCE: Disabled help lines numbers in each district of the states should be established and to be handled by PERSON WITH DISABILITIES and toll Free Numbers should established in all states. Further this will generate employment for PWD with lower qualifications in such government booths.
18. SINGLE WINDOW SCHEMES: All the especially challenges should be issued smart cards with validity all over India for the purpose of job recruitment and concession as well as admission in school and colleges.
19. VISUALLY IMPAIRED: Immediate need of government Braille press in all the states with separate allocation of budgets under minor / major head as declaration in 2014-15 is not sufficient. All the material free of cost to such person perusing study up to higher education including research work at the university level. Further provision of computer technology as developed by Professor Issac and other scientist of NIT should be given with immediate effect in the state as discussed with Mrs. Meenakshi BalaSubramanian during meeting at Mumbai since more than decade back.
20. WEBSITES AND PORTALS: Government in the union as well as in all the states should make sure that internet and web material must be accessible to Specially Abled People as per guidelines of government of India regarding accessibility to internet /web/wi-fi to high tech and Hon.P.M. INITIATIVES need to be in compliance speedily through NIC and web master. All the UNIVERSITIES OF INDIA should be shifted to hi-tech teaching and excuses by UOR sh dev-swaroop (member UGC) and ex Vice chancellor of UOR statement on 23.12.13 in national newspaper regarding traditional teaching and avoidance of smart-classes/ppt devices presentation for specially abled people should be examine on priority and review order to give relief to SAP in UOR by hon.HRD Minister India.
21. MOTIVATION FOR MARRIAGE: They need to provide financial assistance of more than the determined amount during the marriage of Specially Abled People for Ex. Mere amount of Rs. 50000 provided in the state of Rajasthan and such amount should be raise to Rs. 5 lakhs as given during inter caste marriages for Ex. In Rajasthan and such rules should be applicable all over India with immediate affect further strong rules should be made in case of any of the enabled spouse giving divorce on the ground of disability to his or her life partner.
22. Government should make compulsion that purchase of utility items in the state offices should be made by Specially challenged people with more emphasis on self help groups and small industries managed by different social and disabilities activists of India further handmade items can be exported to different countries by union government, can be of great financial support for Specially Abled People and children of our nation.
23. Right to Employment: As per the training and merit of Person With Disabilities government should follow Supreme Court guidelines and appoint immediately as data entry operator, e-mitra nagrik seva centers, information assistant and recruitment drive as per their education qualification and merit with immediate effect .
24. BUDGET 2014:
a) It is appreciable to announce Brail press but this number is not sufficient for disabled people as hon. finance minister said 15 new Brail presses will be set up. "Fifteen new Brail presses will be established and 10 existing ones will be revived," in 2014-15.
This number is insufficient towards population of visually impaired in India and no steps in states like Rajasthan implemented till date.
b) Secondly, Hon.F.M. said the scheme to assist the disabled to purchase aids and appliances will be extended & propose to extend the scheme for assistance to disabled persons for purchase of aids and appliances (ADIP) to include contemporary aids and assistive devices,". Need to execute at the earliest by hon. Government in all states.
c)Thirdly, "A national level institute for Universal Inclusive Design and Mental Health Rehabilitation and a Centre for Disability Sport has also been proposed for the welfare of the disabled-people. It is needful to expect from the government to Kindly give directions for its execution at the earliest to complete within stipulated time limit.
Few important Burning issues need to be resolved urgently are:
1) specially abled people and lower castes in schools are priority wise involved toilet cleaning under Clean drive mission need strict regulations for such teachers to issue work.
2) violation of 1995 a for equal rights participation of pwd even after 19 years by senior bureaucratic machinery and policy makers.
3) Only mere jobs to unemployed youth is violation of human rights despite 3% reservation and SC order and drive for employment.
4) Reservation in promotion neglected against 1995 act and failure of UN Resolution as well as SC order.
5) NGOs misusing money along with few bureaucrats allotted for disabled is violation of human rights of pwd.
6) MNREGA also not able to end discrimination to pwd.
7) Non disabled person consider for post of deputy commissioners/assistant commissioner without sensitively for pwd is violation of human rights of disabled for e.g. in commissioner disabilities office Rajasthan not a single pwd consider up to peon level.
8) Exclusion of PWD from society and consider as marginalised section.
9) No reservation in politics is embarrassing for a population of 2.64 cr officially but in reality more than 8 cr and debarring in law making via parliament/state assembly is violation of human rights in so called civil society of India.
PART 111 (Related to 1995 act)
Need to analyze ourselves on 66th International Human Rights year of 2014-15 with immediate effects and directions:-
a) Kindly stop harassment of specially challenged people & VIOLATION OF THE 1995 ACT as an urgent need.
b) Violation of CH 1 Clause 1) Denial of title assent by the president of India and no equality.
c) NON Discrimination clause 47 for non discrimination in govt. Employment and infrastructure facilities related to work debar not followed strictly.
d) Violation of CH IX Manpower Development & Clause 48 Even applicant debar of basic facilities despite computer related work and violation of pt. C related to Development of assistive device including socio-psycho aspects as seen in UOR, Jaipur Dairy/RCDF & government departments like cooperative department of Rajasthan in review petition of 28.4.14 by CPWD (Rajasthan) for RICEM/Milk UNION as well as other instances and atrocities from different states of nation even after 1995 act.
e) Even violation of CH XII Clause 63) Misguidance to civil court powers of hon. court of commissioner disabilities e.g. by false reply on 29.4.14 and CONTEMPT OF CIVIL COURT OF COMMISSIONER DISABILITIES RAJASTHAN direction to director RICEM for medical reimbursement before 26th may 2014 and instances are more.
f) Violation of sec.32. Identification of posts which can be reserved for persons with disabilities taking into consideration the developments in technology even after hon. S.C.Order.
g) Violation of sec 37 to maintain such record in relation to the person with disability employed in his establishment.
h) Violation of sec 44 related to Non-discrimination in transport - Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities and allowance denied to applicant.
i) Violation of sec 47 related to Non-discrimination in Government Employment
j) DESPITE OF SEC 69. Punishment for fraudulently availing any benefit meant for persons with disabilities - Whoever, fraudulently avails or attempts to avail, any benefit meant for persons with disabilities, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty thousand rupees or with both.
HOPE FOR JUSTICE with reference to 3 parts mentioned above need immediate directions and even after 19 years of the EOA Act 1995 and UNCRPD 2006 Convention need to be taken seriously for welfare of Specially Abled Person (SAP) by the newly formed government.
Thanking You in a rainbow of change for disabled people of state and country as a whole.
Dr BALRAJ VISHNOI
& ALL DISABILITIES ACTIVISTS along with Unions & Associations.
C.C.for necessary action and Information:
1 Secretary, MSJE (India & all states).
2 Secretary and Joint Secretary , Department of Disability affairs (India).
3 Chief Commissioner for person with disabilities (India) & Commissioner for PWD of all states).
4 Chief Secretary of all states.
5 Principal Secretary (MSJE) of all the states.
6 Secretary , HRD ministry
6 Director MSJE
7 Government ministries & departments