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)
“MEMORANDUM”
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
AND
Hon’ble Minister for HRD
India
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.
Hon. Sir,
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.
PART 1
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.
PART
11
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.
Your Sincierly
Dr BALRAJ VISHNOI
Emal:jnvishnoi@gmail.com
09414784445 (mobile)
& 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
