KODAKKAL SHIVAPRASAD : SERVING WITH DISABILITY

 

 

 

 

 

 

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IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) NO. 15828/2006
19.12.2008
Reserved on : 12th December, 2008
Date of decision: 19th December, 2008
NATIONAL FEDERATION OF THE BLIND ... Petitioner
Through: Mr. S.K. Rungta with
Ms. Pratiti Rungta, Advocates
Versus
UNION OF INDIA and ORS. ... Respondents
Through: Mr. P.P. Malhotra, ASG with
Mr. Dalip Mehra, Mr. Rajiv Ranjan Mishra, Advocates for UOI.
Mr. Ashwani Bhardwaj, Advocate for respondents 4 and 5
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE S. MURALIDHAR
1.Whether reporters of the local newspapers be
allowed to see the judgment? Yes
2.To be referred to the Reporter or not ? Yes
3. Whether the judgment should be reported in the Digest ? Yes
AJIT PRAKASH SHAH, C.J.
National Federation of the Blind, an apex body working for the
protection of the rights of the visually challenged, has filed this petition in
public interest to highlight the discrimination of the blind and low vision
persons by virtually excluding them from the process of recruitment to
government posts in violation of the scheme of reservation contained in section
33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995 (?Disabilities Act? for short). The grievance
of the petitioner is that the respondents have failed to provide reservation to
the blind and low vision candidates in accordance with section 33 of the
Disabilities Act in all its recruitments right from 1996 till date. The
Disabilities Act, which was brought into force on 7.2.1996, mandates the
Government to make reservation in all groups of posts to the extent of 3% at
least of which 1% each shall be reserved for persons suffering from blindness
and low vision, persons suffering from hearing impairment and persons suffering
from locomotor disability or cerebral palsy. It is obligatory upon every
appropriate Government to identify the posts for various categories of disabled,
which may be earmarked for them. According to the petitioner several
advertisements, which have been issued in the Employment News from 1996 to 2006,
do not contain any provision for reservation for the blind and low vision. Not
only the respondents have failed to give one per cent reservation to blind and
low vision in terms of section 33 of the Act but also expressly excluded blind
persons from applying and from being considered for appointment against the
posts sought to be filled up by these advertisements. The public sector
undertakings under the Central Government have also failed to comply with the
provisions of section 33 of the Disabilities Act. This according to the
petitioner amounts to clear violation of the fundamental right guaranteed to the
blind and low vision under Article 16(1) of the Constitution. The petitioner has
drawn attention to OMs dated 29.12.2005 and 26.04.2006, issued by the Central
Government for implementation of the scheme for reservation to the disabled as
contained in section 33 of the Disabilities Act. A reference is also made to a
letter dated 13.1.2006 of the Secretary, Ministry of Social Justice and
Empowerment conveying the decision of the Government to various departments for
clearing up backlog of vacancies under section 33 in a time bound manner. The
petitioner contends that in spite of the OMs and the letter, various departments
of the Government and public sector undertakings did not even workout the
vacancies which ought to have been reserved but have not been reserved and have
not been filled by them. The petitioner has prayed for a mandamus directing the
respondents to work out the vacancies which ought to have been reserved for each
of the categories of persons with disabilities separately to the extent of one
per cent each in a time bound manner in terms of OMs dated 29.12.2005 and
26.4.2006 and to undertake a special drive for filling up such vacancies to be
completed in a time bound manner. The petitioner has also prayed for a
direction to the respondents to frame rules for ensuring compliance of the
provisions of section 33 of the Disabilities Act and for further ensuring that
persons suffering from blindness and low vision are allowed to appear in all
recruitments / selection tests and to monitor the implementation of the
reservation scheme for persons with disabilities in the same manner as is done
in the case of SC, ST and OBC.
2. A notice of the petition was issued to the respondents and the respondent
No.1 ? Union of India has appeared and a counter affidavit has been filed on its
behalf. Since the petition raises some important questions relating to section
33 of the Disabilities Act and other related provisions of the said Act, notice
was also issued to the Chief Commissioner for Persons with Disabilities, who has
filed his written response to the various contentions raised by the petitioner
in the writ petition.
3.Before adverting to the issues raised in the petition, we may briefly refer to
the legislative history of the Disabilities Act. With a view to realising the
objective that people with disabilities have the same rights, hopes and
aspirations as everyone else, and they are to be provided with equal
opportunities and rather better incentives for their rehabilitation in the
society, a meeting was held in Beijing on 1st to 5th December, 1992 called the
?Meet to Launch the Asian and Pacific Decade of Disabled Persons?. A
proclamation was adopted by the Asian and Pacific countries to ensure ?full
participation and equality of people with disabilities in the Asian and the
Pacific regions?. India was a signatory to the said proclamation and with a
view to implementing the same, the Disabilities Act was enacted and it came into
force on 7.2.1996.
4.The Statement of Objects and Reasons to the Disabilities Act, which was
appended to the Bill, before it was enacted, reads as under:
?STATEMENT OF OBJECTS AND REASONS
The meeting to launch the Asian and Pacific Decade of the Disabled
Persons 1993-2002 convened by the Economic and Social Commission for Asian and
Pacific Region, held at Beijing on 1st to 5th December, 1992 adopted the
Proclamation on the Full Participation and Equality of People with Disabilities
in the Asia and the Pacific region. India is a signatory to the said
proclamation and it is necessary to enact a suitable legislation to provide for
the following :-
(i) to spell out the responsibility of the State towards the prevention of
disabilities, protection of rights, provision of medical care, education,
training, employment and rehabilitation of persons with disabilities;
(ii) to create barrier free environment for persons with disabilities;
(iii) to remove any discrimination against persons with disabilities in
the sharing of development benefits, vis-a-vis non-disabled persons;
(iv) to counteract any situation of the abuse and the exploitation of
persons with disabilities;
(v) to lay down a strategy for comprehensive development of programmes and
services and equalisation of opportunities for persons with disabilities; and
(vi) to make special provision of the integration of persons with
disabilities into the social mainstream.
2. Accordingly, it is proposed to provide inter alia for the constitution
of Co-ordination Committees and Executive Committees at the Central and State
levels to carry out the various functions assigned to them. Within the limits
of their economic capacity and development the appropriate Governments and the
local authorities will have to undertake various measures for the prevention and
early detection of disabilities, creation of barrier-free environment, provision
for rehabilitation services, etc. The Bill also provides for education,
employment and vocational training, reservation in identified posts, research
and manpower development, establishment of homes for persons with severe
disabilities, etc. For effective implementation of the provision of the Bill,
appointment of the Chief Commissioner for persons with disabilities at the
Central level and Commissioners for persons with disabilities at the State level
clothed with powers to monitor the funds disbursed by the Central and State
Governments and also to take steps to safeguard the rights of the persons with
disabilities is also envisaged.
3. The Bill seeks to achieve the above objects.?
5.The employment rights of persons with disabilities covered by Chapter VI of
the Disabilities Act containing Sections 32 to 41 (except Section 39 which
relates to education) comprise the most empowering provisions of the
Disabilities Act as they yield the most tangible and substantial rights to
persons with disabilities. Section 32 of the Disabilities Act provides for
identification of posts, section 33 provides for reservation and section 36
thereof provides that in case a vacancy is not filled up due to non-availability
of a suitable person with disability, the vacancy is to be carried forward in
the succeeding recruitment year. The provisions are reproduced below:
32. Identification of posts which can be reserved for persons with
disabilities:- Appropriate Governments shall--
(a) Identify posts, in the establishments, which can be reserved for the persons
with disability;
(b) At periodical intervals not exceeding three years, review the list of posts
identified and up-date the list taking into consideration the developments in
technology.
33. Reservation of Posts:- Every appropriate Government shall appoint in every
establishment such percentage of vacancies not less than three per cent. for
persons or class of persons with disability of which one per cent. each shall be
reserved for persons suffering from-
(i) blindness or low vision;
(ii) hearing impairment;
(iii) loco motor disability or cerebral palsy, in the posts identified for each
disability:
Provided that the appropriate Government may, having regard to the type of work
carried on in any department or establishment, by notification subject to such
conditions, if any, as may be specified in such notification, exempt any
establishment from the provisions of this section.
36. Vacancies not filled up to be carried forward : Where in any recruitment
year any vacancy under section 33, cannot be filled up due to non-availability
of a suitable person with disability or, for any other sufficient reason, such
vacancy shall be carried forward in the succeeding recruitment year and if ;r
the succeeding recruitment year also suitable person with disability is not
available, it may first be filled by interchange among the three categories and
only when there is no person with disability available for the post in that
year, the employer shall fill up the vacancy by appointment of a person, other
than a person with disability:
Provided that if the nature of vacancies in an establishment is such that a
given category of person cannot be employed, the vacancies may be interchanged
among the three categories with the prior approval of the appropriate
Government.?
6.It is apparent from a reading of the aforesaid provisions that the appropriate
Government is statutorily enjoined to appoint in every establishment such
percentage of vacancies in the posts identified for each disability not less
than 3% for persons with disabilities, of which 1% each shall be reserved for
three categories mentioned in section 33 of the Act, namely, blindness and low
vision, hearing impairment and locomotor disability or cerebral palsy. The term
?establishment? has been defined in section 2(k) of the Act to mean ?a
corporation established by or under a Central, Provincial or State Act, or an
authority or a body owned or controlled or aided by the Government or local
authority or a Government company as defined in Section 617 of the Companies
Act, 1956 (1 of 1956) and includes department of a Government?. Therefore, each
department of the Government has to be treated as an 'establishment' and the
Government is bound to reserve not less than 3% vacancies in an establishment in
posts identified in accordance with section 33 of the Act. The posts have been
identified for all the categories of persons with disabilities including persons
suffering from blindness and low vision vide Notification dated 31.05.2001 which
has been further updated by Notification dated 1.1.2006.
7.At this stage, we may refer to the OM dated 29.12.2005 which was issued with a
view to consolidate the existing instructions with a view to bringing them in
line with the Disabilities Act and clarifying certain issues including
procedural matters. The relevant clauses of the OM read as follows:
?2. QUANTUM OF RESERVATION
(i)Three percent of the vacancies, in case of direct recruitment to Group A, B,
C and D posts shall be reserved for persons with disabilities of which one per
cent each shall be reserved for persons suffering from (i) blindness or low
vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsy
in the posts identified for each disability;
(ii)Three percent of the vacancies in case of promotion to Group D, and Group C
posts in which the element of direct recruitment, if any, does not exceed 75%,
shall be reserved for persons with disabilities of which one per cent each shall
be reserved for persons suffering from (i) blindness or low vision, (ii) hearing
impairment and (iii) locomotor disability or cerebral palsy in the posts
identified for each disability.
13. COMPUTATION OF RESERVATION: Reservation for persons with disabilities in
case of Group C and Group D posts shall be computed on the basis of total number
of vacancies occurring in all Group C or Group D posts, as the case may be, in
the establishment, although the recruitment of the persons with disabilities
would only be in the posts identified suitable for them. The number of
vacancies to be reserved for the persons with disabilities in case of direct
recruitment to Group C posts in an establishment shall be computed by taking
into account the total number of vacancies arising in Group C posts for being
filled by direct recruitment in a recruitment year both in the identified and
non-identified posts under the establishment. The same procedure shall apply for
Group D posts. Since reservation is limited to identified posts only and number
of vacancies reserved is computed on the basis of total vacancies (in identified
posts as well as unidentified posts), it is possible that number of persons
appointed by reservation in an identified posts may exceed 3 percent.
14. Reservation for persons with disabilities in Group A posts shall be computed
on the basis of vacancies occurring in direct recruitment quota in all the
identified Group A pots in the establishment. The same method of computation
applies for Group B posts.
15. EFFECTING RESERVATION ?MAINTENANCE OF ROSTERS:
(a) all establishment s shall maintain separate 100 point reservation roster
registers in the format given in Annexure II for determining/effecting
reservation for the disabled ? one each for Group A posts filled by direct
recruitment, Group B posts filled by direct recruitment, Group C posts filled by
direct recruitment, Group C posts filled by promotion, Group D posts filled by
direct recruitment and Group D posts filled by promotion.
(b) Each register shall have cycles of 100 points and each cycle of 100 points
shall be divided into three blocks, comprising the following points :
1st Block ? point No.1 to point NO.33
2nd Block ? point No.34 to point NO.66
3rd Block ? point No.67 to point No.100
(c) Points 1, 34, and 67 of the roster shall be earmarked reserved for persons
with disabilities ? one point for each of the three categories of disabilities.
The head of the establishment shall decide the categories of disabilities for
which the points 1,34 and 67 will be reserved keeping in view all relevant
facts.
(d) All the vacancies in Group C posts falling in direct recruitment quota
arising in the establishment shall be entered in the relevant roster register.
If the post falling at point NO.1 is not identified for the disabled or the
head of the establishment considered it desirable not fill it up by a disabled
person or it is not possible to fill up that post by the disabled for any other
person, one of the vacancies falling at any of the points from 2 to 33 shall be
treated as reserved for the disabled and filled as such. Likewise a vacancy
falling at any of the points from 34 to 66 or from 67 to 100 shall be filled by
the disabled. The purpose of keeping points 1,34 and 67 as reserved is to fill
up the first available suitable vacancy from 1 to 33, first available suitable
vacancy from 34 to 66 and first available suitable vacancy from 67 to 100 person
with disabilities.
(e) There is a possibility that none of the vacancies from 1 to 33 is suitable
for any category of the disabled. In that case two vacancies from 34 to 66
shall be filled as reserved for persons with disabilities. If the vacancies
from 34 to 66 are also not suitable for any category, three vacancies shall be
filled as reserved from the third block containing points from 67 to 100. This
means that if no vacancy can be reserved in a particular block, it shall be
carried into the next block.
(f) After all the 100 points of the roster are covered, a fresh cycle of 100
points shall start .
(g) If the number of vacancies in a year is such as to cover only one block or
two, discretion as to which category of the disabled should be accommodated
first shall vest in the head of the establishment, who shall decide on the basis
of the nature of the post, the level of representation of the specific disabled
category in the concerned grade/post etc.
(h) A separate roster shall be maintained for Group C posts filled by promotion
and procedure as explained above shall be followed for giving reservation to
persons with disabilities. Like wise two separate rosters shall be maintained
for Group A and Group B posts, all vacancies of direct recruitment arising in
identified posts shall be entered and reservation shall be effected the same way
as explained above.
(i) Reservation in group A and group B posts is determined on the basis of
vacancies in the identified posts only. Separate rosters for Group A posts and
Group B posts in the establishment shall be maintained. In the rosters
maintained for Group A and Group B posts, all vacancies of direct recruitment
arising in identified posts shall be entered and reservation shall be effected
the same way as explained above.
16. INTER SE EXCHANGE AND CARRY FORWARD OF RESERVATION IN CASE OF DIRECT
RECRUITMENT
(a) Reservation for each of the three categories of persons with disabilities
shall be made separately. But if the nature of vacancies in an establishment is
such that a person of a specific category of disability cannot be employed, the
vacancies may be interchanged among the three categories with the approval of
the Ministry of Social Justice and Empowerment and reservation may be determined
and vacancies filled accordingly.
(b) If any vacancy reserved for any category of disability cannot be filled due
to non-availability of a suitable person with that disability or, for any other
sufficient reason, such vacancy shall not be filled and shall be carried forward
as a 'backlog reserved vacancy' to the subsequent recruitment year.
(c) In the subsequent recruitment year the 'backlog reserved vacancy' shall be
treated as reserved for the category of disability for which it was kept
reserved in the initial year of recruitment. However, if a suitable person with
that disability is not available, it may be filled by interchange among the
three categories of disabilities. In case no suitable person with disability is
available for filling up the post in the subsequent year also, the employer may
fill up the vacancy by appointment of a person other than a person with
disability. If the vacancy is filled by a person with disability of the category
for which it was reserved or by a person of other category of disability by
inter se exchange in the subsequent recruitment year, it will be treated to have
been filled by reservation. But if the vacancy is filled by a person other than
a person with disability in the subsequent recruitment year, reservation shall
be carried forward for a further period upto two recruitment years whereafter
the reservation shall lapse. In these two subsequent years, if situation so
arises, the procedure for filling up the reserved vacancy shall be the same as
followed in the first subsequent recruitment year.
19. HORIZONTALITY OF RESERVATION FOR PERSONS WITH DISABILITIES: Reservation for
backward classes of citizens (SCs, STs and OBCs) is called vertical reservation
and the reservation for categories such as persons with disabilities and ex-
servicemen is called horizontal reservation. Horizontal reservation cuts across
vertical reservation (in what is called interlocking reservation) and person
selected against the quota for persons with disabilities have to be placed in
the appropriate category viz. SC/ST/OBC/General candidates depending upon the
category to which they belong in the roster meant for reservation of
SCs/STs/OBCs. To illustrate, if in a given year there are two vacancies reserved
for the person with disabilities and out of two persons with disabilities
appointed, one belongs to a Scheduled Caste and the other to general category
then the disabled SC candidate shall be adjusted against the SC point in the
reservation roster and the general candidate against unreserved point in the
relevant reservation roster. In case none of the vacancies falls on point
reserved for the SCs, the disabled candidate belonging to SC shall be adjusted
in future against the next available vacancy reserved for SCs.
20. Since the persons with disabilities have to be placed in the appropriate
category viz., SC/ST/OBC/General in the roster meant for reservation of
SCs/STs/OBCs, the application form for the post should require the candidates
applying under the quota reserved for persons with disabilities to indicate
whether they belong to SC/ST/OBC or General category.?
8.Paragraphs 21 and 22 of the OM respectively provides for relaxation in age
limit and relaxation for standard suitability.
9.As the directions contained in OM dated 29.12.2005 were not implemented as a
result of which, representations were made by the petitioner to Central
Government complaining that its departments, establishments and public sector
undertakings have not even worked out the vacancies which ought to have been
reserved. Consequently another OM dated 26.04.2006 came to be issued directing
that all establishments, departments and public sector undertakings should
maintain reservation rosters registers beginning from 1996 by designating points
numbers 1, 34 and 67 for persons with disabilities with an object to grant one
vacancy each to persons suffering from blindness and low vision, persons
suffering from hearing impairment and persons suffering from locomotor
disability or cerebral palsy respectively. In the same OM, while admitting that
the reservation policy has not been implemented in the right earnest, a clear
direction was given to all establishments as follows:
?In order to achieve this objective, all the establishments should prepare the
reservation roster registers as provided in this Department's O.M. No.
36035/3/2004-Estt. (Res) dated 29.12.2005 starting from the year 1996 and
reservation for persons with disabilities be earmarked as per instructions
contained in that OM. If some or all the vacancies so earmarked had not been
filled by reservation and were filled by able bodied persons either for the
reason that points of reservation had not been earmarked properly at the
appropriate time or persons with disabilities did not become available, such
unutilized reservation may be treated as having been carried forward to the
first recruitment year occurring after issue of this O.M. And be filled as
such. If it is not possible to fill up such reserved vacancies during the said
recruitment year, reservation would be carried forward for further two years,
whereafter it may be treated as lapsed.?
10.It appears that even after issuance of OMs dated 29.12.2005 and 26.4.2006
only a handful of departments of Union of India claimed to have maintained
roster but even those who made this claim have not made the rosters properly nor
have effectively implemented 3% reservation in favour of the disabled. In fact,
the Central Government has been compelled to issue a fresh OM dated 10.12.2008
requiring all the ministries / departments to take action to identify unfilled
vacancies due to non-implementation of the provisions of section 33 of the
Disabilities Act and to treat these vacancies as backlog vacancies for the
current recruitment year.
11.Mr.Rungta, learned counsel appearing for the petitioner, strenuously
contended that neither Department of Personnel and Training and Public
Grievances nor Ministry of Social Justice and Empowerment nor office of the
Chief Commissioner for Persons with Disabilities is monitoring the
implementation the scheme of reservation for persons with disabilities. As a
result various departments of the Government of India as well as the public
sector undertakings have been openly flouting the policy of reservation
contained in section 33 of the Disabilities Act for over 12 years now.
Mr.Rungta also took exception to some of the provisions of the OM dated
29.12.2005. According to him the reservation under section 33 is required to be
computed on the basis of the total cadre strength of the establishment and not
on the basis of the vacancies in posts identified for the purpose of appointment
of persons from the disabled categories. He submitted that para 13 of OM dated
29.12.2005 clearly provides that 3% reservation has to be worked out in Groups C
and D posts on the basis of vacancies in identified posts as well as
unidentified posts in an establishment whereas paragraph 14 provides that
reservation in Groups A and B shall be computed on the basis of the vacancies
occurring only in the identified posts in the establishment. Therefore,
according to him para 14 is clearly inconsistent with the mandate of section 33.
He prayed that the respondents should be directed to work out the backlog of
vacancies by obtaining necessary information from respective departments as well
as public sector undertakings, government companies etc. and to take a
centralized special recruitment drive to fill up the backlog of vacancies for
the blind and low vision as well as other categories of disabled in accordance
with section 33 of the Disabilities Act.
12.In reply, learned Additional Solicitor General fairly conceded that there had
been laxity on the part of various ministries / departments and public sector
undertakings in implementation of the scheme of reservation under section 33.
He submitted that the Union of India is taking all necessary steps to complete
the process of reservation and for that purpose OM dated 10.12.2008 has already
been issued. Learned Additional Solicitor General, however, opposed the plea of
Mr.Rungta that reservation under section 33 is required to be computed on the
basis of the total strength of the cadre in an establishment. According to him
the Act provides 3% reservation only in the vacancies in posts identified for
the disabled categories and not on the total strength of the cadre. The
Government, however, keeping in mind the fact that reservation in Groups C and D
posts was being calculated on the basis of vacancies in identified as well as
unidentified posts prior to the Disabilities Act came into force and the
provisions of section 72 of the Disabilities Act continued to compute
reservation the same way in Groups A and B on the basis of vacancies in
identified as well as unidentified posts. He submitted that the reservation
under section 33 is a horizontal reservation and not vertical reservation. He
referred to the decision of the Supreme Court in Indra Sawhney and others v.
Union of India and others 1992 Supp (3) SCC 217 wherein the Supreme Court has
explained the concept of horizontal reservation. He submitted that paragraph 15
of the OM dated 29.12.2005 provides for a vacancy based roster and not post
based roster. According to him the purpose of providing for vacancy-based
roster was to give more representation to disabled categories which would not be
possible in the case of post based roster.
13.At the outset we may state that the Government has utterly failed in ensuring
proper implementation of the statutory reservation under section 33 and
protecting the rights of the persons with disabilities and in particular those
suffering from blindness or low vision. Admittedly, the persons suffering from
blindness and low vision have not only been deprived of the benefit of
reservation but they have been excluded from consideration in the recruitments
held in the past. This is clearly brought out from various advertisements
attached along with the petition particularly Annexure G and K at pages 103-138
and 168-173. It appears that prior to 2005 there were no written instructions
laying down the manner in which implementation of the scheme of reservation for
disabled has to be ensured. Even after issuance of OM dated 29.12.2005 and OM
dated 26.4.2006 reservation roster has not been properly maintained nor the
policy of reservation has been effectively implemented for different categories
of disabled as envisaged by section 33. It is distressing to note that in spite
of lapse of 12 years after the Act came into force, the scheme of reservation
has virtually remained on paper and there is no effective implementation of the
reservation policy due to apathy of the concerned ministries / departments
towards the disabled. We hasten to add that the learned Additional Solicitor
General has taken a very positive approach of the matter and has assured the
Court that the Government will do its best for the full implementation of the
reservation scheme for the disabled. He submitted that the Court may issue
appropriate directions for the strict implementation of the reservation policy
for the disabled.
14.The reservation for disabled falls under Article 16(1) of the Constitution of
India and is a horizontal reservation. In Indra Sawhney and others v. Union of
India and others (supra) the principle of horizontal reservation was explained
thus: (SCC pp.?735-36, para 812)
?[A]ll reservations are not of the same nature. There are two types of
reservations, which may, for the sake of convenience, be referred to as
?vertical reservations? and ?horizontal reservations?. The reservations in
favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes [under
Article 16(4)] may be called vertical reservations whereas reservations in
favour of physically handicapped [under Clause (1) of Article 16] can be
referred to as horizontal reservations. Horizontal reservations cut across the
vertical reservations?what is called interlocking reservations. To be more
precise, suppose 3% of the vacancies are reserved in favour of physically
handicapped persons; this would be a reservation relatable to Clause (1) of
Article 16. The persons selected against this quota will be placed in the
appropriate category; if he belongs to SC category he will be placed in that
quota by making necessary adjustments; similarly, if he belongs to open
competition (OC) category, he will be placed in that category by making
necessary adjustments. Even after providing for these horizontal reservations,
the percentage of reservations in favour of Backward Class of citizens
remains?and should remain?the same.?
15.Coming to the question of manner of computation of reservation under section
33, after giving anxious thought to the submissions made at the Bar we are not
inclined to accept the submissions of the learned Additional Solicitor General
that the 3% reservation has to be computed only on the basis of vacancies in
identified posts in the cadre. In the first place, section 33 provides for 3%
reservation in posts in an establishment and not just in the vacancies in posts
identified for disabled. Heading of section 33 is reservation of posts and it
mandates the Government to appoint in every establishment ?such percentage of
vacancies not less than 3% of which 1% each has to be reserved for persons
suffering from blindness or low vision, hearing impairment and locomotor
disability or cerebral palsy in the posts identified for each disability?. In
our opinion the plain meaning of section 33 is that while 3% reservation has to
be computed on the basis of the total strength in an establishment, such
appointment has to be made in the posts identified for each disability. Section
32 of the Act requires the appropriate Government to identify posts in the
establishment which can be reserved for the persons with disability. In our
opinion the words ?every appropriate Government shall appoint in every
establishment such percentage of vacancies not less three per cent ?. in the
posts identified ?.? clearly indicates the intention of the legislature to
provide at least 3% of reservation on the basis of the total number of posts in
an establishment. The fact that persons belonging to disabled categories are to
be appointed in the posts identified for such disabilities does not mean that 3%
reservation is to be computed only on the basis of identified posts. The
computation has to be with reference to the cadre strength.
16.The Disabilities Act was enacted for protection of the rights of the disabled
in various spheres like education, training, employment and to remove any
discrimination against them in the sharing of development benefits vis-?-vis
non-disabled persons. In the light of the legislative aim it is necessary to
give purposive interpretation to section 33 with a view to achieve the
legislative intendment of attaining equalization of opportunities for persons
with disabilities. The fact that the vacancy-based roster is to be maintained
does not mean that 3% reservation has to be computed only on the basis of
vacancy. The difference between the posts and vacancies has been succinctly
pointed out in the Supreme Court decision in the case of R.K. Sabharwal and ors.
v. State of Punjab and ors. ?AIR 1995 SC 1371 wherein it was held that the word
?post? means an appointment, job, office or employment, a position to which a
person is appointed. ?'`Vacancy'` means an unoccupied post or office. The plain
meaning of the two ex-pressions make it clear that there must be a 'post' in
existence to enable the 'vacancy' to occur. The cadre-strength is always
measured by the number of posts comprising the cadre. ?Right to be considered
for appointment can only be claimed in respect of a post in a cadre. ?As a
consequence the percentage of reservation has to be worked out in relation to
the number of posts which form the cadre-strength. The concept of 'vacancy' has
no relevance in operating the percentage of reservation. Therefore, in our
opinion, 3% reservation for disabled has to be computed on the basis of total
strength of the cadre i.e. both identified as well as unidentified posts. We
are in agreement with Mr.Rungta that the paragraph 14 of the OM dated 29.12.2005
is inconsistent with the provisions of section 33 of the Disabilities Act.
17.In our opinion, in order to ensure proper implementation of reservation
policy for the disabled and to protect their rights it is necessary to issue the
following directions:
i.We direct the respondents to constitute a committee consisting of the Chief
Commissioner for disabilities (Chairman), Joint Secretary, Department of
Personnel and Training, Joint Secretary, Ministry of Social Justice and
Empowerment, Joint Secretary, Department of Public enterprises, and Secretary,
Staff Selection Commission to do the following acts in terms of this order:
(a) To solicit information with regard to recruitments made by
departments/public sector undertakings/government companies from the date when
the Disabilities Act came into force in 1996 and to work out backlog of
vacancies for the disabled on the total cadre strength in different
establishments within one month from the date of this order.
(b) To undertake special recruitment drive by organising centralised recruitment
against backlog so worked out so as to fill up the vacancies by utilising at
least 50% of the vacancies available with the respective establishments for this
purpose only.
(c ) To organise further special recruitment drive as required so as to fill up
the remaining backlog of vacancies by 31st December, 2010.
ii.Respondent No.1 will issue an appropriate order modifying the OM dated
29.12.2005 and the subsequent OMs consistent with this Courts order.
iii.The respondent No.1 shall issue instructions to all the departments /public
sector undertaking/government companies declaring that the non observance of the
scheme of reservation for persons with disabilities should be considered as an
act of non-obedience and the Nodal Officer in departments/Public Sector
undertakings/government companies responsible for the proper strict
implementation of reservation for person with disabilities to be departmentally
proceeded against for his default.
iv.The respondent No.1 is further directed to issue instructions to all the
departments/public sector undertakings/government companies as well as
recruiting agencies not to undertake recruitment for any department/public
sector undertakings/government company unless the departmental/public sector
undertaking/ government company makes provisions for reservation for persons
with disabilities in terms of the order of this Court and a clearance is granted
by the Committee headed by the Chief Commissioner for Disabilities.
v.The Committee headed by the Chief Commissioner for Disabilities shall submit a
status report on implementation of the above directions of this Court within
three months from the date of this order.
18.List on 6th April, 2009.
CHIEF JUSTICE
S. MURALIDHAR, J.
DECEMBER19, 2008
pk/nm/v

 

 

 

 

 

I created an oline petition about promotion process for signature campaign, please read & support by signup at:

 

 

 

 

 

 PUBLISHED BIOGRAPHICAL NOTE OF KODAKKAL SHIVAPRASAD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Landmark UN treaty on rights of persons with disabilities enters into force

3 May 2008 – The United Nations Convention on the Rights of Persons with Disabilities entered into force today, one month after the required twentieth country ratified the landmark treaty which guarantees the rights of some 650 million people worldwide.

The Convention – which Secretary-General Ban Ki-moon has called “a powerful tool to eradicate the obstacles faced by persons with disabilities” – was adopted by the General Assembly on 13 December 2006, and was opened for signature and ratification on 30 March 2007.


Since then it has been signed by 127 countries and ratified by 25. Jamaica was the first country to ratify the Convention, and on 3 April, Ecuador ratified, providing the sufficient number of parties for the Convention to enter into force.


The Convention does not create any new rights, but aims to ensure that the benefits of existing rights are fully extended and guaranteed.


“It had been argued that persons with disabilities were covered by existing human rights treaties, but the reality was very different,” says Akiko Ito, the UN Focal Point on Disability. “Persons with disabilities have routinely suffered discrimination in the job market, in schools and in receiving public services. This Convention will make sure that these people will no longer be ignored.”


The treaty asserts the rights of people with disabilities to education, health, work, adequate living conditions, freedom of movement, freedom from exploitation and equal recognition before the law for persons with disabilities.


It also addresses the need for persons with disabilities to have access to public transport, buildings and other facilities and recognizes their capacity to make decisions for themselves.


The convention's Optional Protocol, which will also be binding starting today, allows individuals to petition an international expert body with grievances.


By ratifying the Convention, States commit themselves to enact laws and other measures to improve disability rights, and also abolish legislation, customs and practices that discriminate against persons with disabilities.


John Flanagan, Officer-in-Charge of the UN Mine Action Service, said the new treaty is particularly relevant for survivors of accidents with landmines and explosive remnants of war.


“Too often, landmine victims are excluded from their communities,” he stated. “For example, child survivors of landmine incidents are often removed from school. Landmine victims are entitled to all the same human rights as every other member of their societies, and this new Convention will help level the playing field in terms of access to services and opportunities.”


The Convention establishes a new body to monitor its implementation – the Committee on the Rights of Persons with Disabilities, as well as a Conference of States Parties, which is expected to be convened within six months.


The UN will mark the treaty's entry into force with a special ceremony in New York on 12 May with participants from governments, UN agencies and civil society.

 

 

SELECTED SUGGESSION SENT TO PROPOSED AMENDMENT DISABLED ACT

Being an deaf person married to another two legs crippled lady submitted my suggestion to proposed
amendment bill on Disability Act and my suggestions are hope to be implemented in good manner. For
your ready reference I once again write below my suggestions:-
 

 

1. Disabled persons should not be divided in to caste systems like scheduled caste/scheduled
tribe/backward caste or financial sound etc so that pain and burden are same in human being. Hence
treat them by equality in encouraging their endeavors is be our first attention.
2. All concessions made to all category of disabled persons

irrespective of their disability degree so that
              availing concessions/reservations/promotions can be

achieved in equal opportunity and rights.
3. All government establishments should maintain clause that promotion in employment is a
        fundamental right to all category of disabled employees so that their promotion process can not be
carried over in to under backlog posts if any. It clearly describe here that it is better to introduce every
6 years service available automatic promotion to all category of disabled employees in each
establishments of government of India and it's state subsidiary.
Hope to implement these suggestions in the proposed amendment bill on disabilities act.
_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
Web: www.kodakkalshivaprasad.wetpaint.com

 

 

It’s indeed happy to write here that Mr.Kodakkal Shivaprasad, General Secretary, Shimoga District Physically Handicapped Welfare Sangha [Regd] has been selected for e-discussion at United Nation Development Programme of UNITED NATION on the subject ‘ACHIEVING SUSTAINABLE DEVELOPMENT STRATEGIES’. Mr. Kodakkal Shivaprasad submitted his 10 page discussion theory and was successfully selected for an attention and the 2nd part of the discussion will be started from 2nd March this year. Earlier Kodakkal Shivaprasad was recipient of news letters from INTERNATIONAL YEAR OF DISABLED PERSONS SECRETARIET [IYDP] of United Nations.

He was included in International and National Biographical Notes published by prominent publishers around the world and was recipient of several awards & honors around the nation.

As we are aware that Ministry of Social Justice & Empowerment had initiated the process of amending the Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act,1995 through National consultation with Stake holders, Kodakkal Shivaprasad included as Stakeholder for initiating the process of amending the Persons with Disabilities [Equal Opportunities ,Protection of Rights and Full Participation Act,1995. And it can be viewed at the Ministry’s website: http://socialjustice.nic.in/disabled/welcome.htm

Keeping in view the demands that the amendment to the Act may be considered after India signed the UN Convention on Rights for Persons with Disabilities, the process was kept in abeyance. This was resumed, after signing of the convention, the ministry’s reports declared.
.

The e-discussion submitted by Kodakkal Shivaprasad to the UNDP Sustainable Development Strategies were available at:- http://www.un.org/ecosoc/newfunct/amredis.shtml

 [by clicking on part-I discussion @ the bottom column of the page] and also at the following blog: http://www.kodakkalshivaprasad.blogspot.com

An achievements website has been insisted at:
www.kodakkalshivaprasad.wetpaint.com

and those who interested requested to add their comments.

 

 

 

 

 

 

Ministry of Social Justice and Empowerment
Government of India
No.3-1/1993-DD.III
Introduction

National Policy Statement

Principal Areas of Intervention

Responsibility for Implementation


Introduction
The Constitution of India ensures equality, freedom, justice and dignity of all individuals and implicitly mandates an inclusive society for all including persons with disabilities. In the recent years, there have been vast and positive changes in the perception of the society towards persons with disabilities. It has been realized that a majority of persons with disabilities can lead a better quality of life if they have equal opportunities and effective access to rehabilitation measures.
According to the Census 2001, there are 2.19 crore persons with disabilities in India who constitute 2.13 percent of the total population. This includes persons with visual, hearing, speech, locomotor and mental disabilities. Seventy five per cent of persons with disabilities live in rural areas, 49 per cent of disabled population is literate and only 34 per cent are employed. The earlier emphasis on medical rehabilitation has now been replaced by an emphasis on social rehabilitation. There has been an increasing recognition of abilities of persons with disabilities and emphasis on mainstreaming them in the society based on their capabilities. The Government of India has enacted three legislations for persons with disabilities viz. (i) Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which provides for education, employment, creation of barrier free environment, social security, etc. (ii) National Trust for Welfare of Persons with Autism, Cerebral Pa lsy, Mental Retardation and Multiple Disability Act, 1999 has provisions for legal guardianship of the four categories and creation of enabling environment for as much independent living as possible. (iii) Rehabilitation Council of India Act, 1992 deals with the development of manpower for providing rehabilitation services.
In addition to the legal framework, extensive infrastructure has been developed. The following seven national Institutes are working for development of manpower in different areas, namely:


Institute for the Physically Handicapped, New Delhi.
National Institute of Visually Handicapped, Dehradun
National Institute for Orthopaedically Handicapped, Kolkata
National Institute for Mentally Handicapped, Secunderabad.
National Institute for Hearing Handicapped, Mumbai
National Institute of Rehabilitation Training & Research, Cuttack.
National Institute for Empowerment of Persons with Multiple Disabilities, Chennai.


There are five Composite Rehabilitation Centres, four Regional Rehabilitation Centres and 120 District Disability Rehabilitation Centres (DDRCs) providing various kinds of rehabilitation services to persons with disabilities. There are also several national institutions under the Ministry of Health & Family Welfare working in the field of rehabilitation, like National Institute of Mental Mealth and Neuro Sciences, Bangalore; All India Institute of Physical Medicine and Rehabilitation, Mumbai; All India Institute of Speech and Hearing, Mysore; Central Institute of Psychiatry, Ranchi, etc. In addition, certain State Government institutions also provide rehabilitation services. Besides, 250 private institutions conduct training courses for rehabilitation professionals.
National Handicapped and Finance Development Corporation (NHFDC) has been providing loans on concessional terms for undertaking self-employment ventures by the persons with disabilities through State Channelizing Agencies.
Panchayati Raj Institutions at Village level, Intermediary level and District level have been entrusted with the welfare of persons with disabilities.
India is a signatory to the Declaration on the Full Participation and Equality of People with Disabilities in the Asia Pacific Region. India is also a signatory to the Biwako Millennium Framework for action towards an inclusive, barrier free and rights based society. India is currently participating in the negotiations on the UN Convention on Protection and promotion of the Rights and Dignity of Persons with Disabilities.
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National Policy Statement
The National Policy recognizes that Persons with Disabilities are valuable human resource for the country and seeks to create an environment that provides them equal opportunities, protection of their rights and full participation in society. The focus of the policy shall be on the following:
Prevention of Disabilities
Since disability, in a large number of cases, is preventable, there will be strong emphasis on prevention of disabilities. Programme for prevention of diseases, which result in disability and the creation of awareness regarding measures to be taken for prevention of disabilities during the period of pregnancy and thereafter will be intensified and their coverage expanded.
Rehabilitation Measures
Rehabilitation measures can be classified into three distinct groups: (i) physical rehabilitation, which includes early detection and intervention, counseling & medical interventions and provision of aids & appliances. It will also include the development of rehabilitation professionals. (ii) educational rehabilitation including vocational education and (iii) economic rehabilitation for a dignified life in society.
Physical Rehabilitation Strategies
Early Detection and Intervention

Early detection of disability and intervention through drug or non-drug therapies helps in minimization of impact of disability. Therefore, there will be emphasis on early detection and early intervention, and necessary facilities will be created towards this end. Government will take measures to disseminate information regarding availability of such facilities to the people especially in rural areas.


Counseling & Medical Rehabilitation


Physical rehabilitation measures including counseling, strengthening capacities of persons with disabilities and their families, physiotherapy, occupational therapy, psychotherapy, surgical correction and intervention, vision assessment, vision stimulation, speech therapy, audiological rehabilitation and special education shall be extended to cover all the districts in the country by active involvement and participation of State Governments, local level institutions, NGOs including associations of parents and persons with disabilities.

Currently, rehabilitation services are largely available in and around urban areas. Since seventy five percent persons with disabilities live in rural areas, the services run by professionals will be extended to cover uncovered and un-served areas. Privately owned rehabilitation service centres shall be regulated for maintenance of minimum standards which shall be laid down.

To expand coverage in rural and unserved areas, new District Disability Rehabilitation Centres (DDRCs) will be set up with support from the State Government.

The National Rural Health Mission through Accredited Social Health Activist (ASHA) addresses the health needs of rural population, especially the vulnerable sections of society. The ASHA inter-alia will take care of the comprehensive services to the persons with disabilities at the grass root level.


Assistive Devices


The Government of India has been assisting persons with disabilities in procuring durable and scientifically manufactured, modern aids and appliances of ISI standard that can promote their physical, social and psychological independence by reducing the effect of disabilities.

Every year through National Institutes, State Governments, DDRCs and NGOs, persons with disabilities are provided with devices such as prostheses and orthoses, tricycles, wheel chair, surgical footwear and devices for activities of daily living, learning equipments (Braille writing equipments, Dictaphone, CD player/ tape recorder), low vision aids, special mobility aids like canes for blind, hearing aids, educational kits, communication aids, assistive & alerting devices and devices suitable for the persons with mental disabilities. The availability of devices will be expanded to cover uncovered and under-serviced areas.

Private, public and joint sector enterprises involved in the manufacture of high tech assistive devices for persons with disabilities will be provided financial support by the public sector banks.


Development of Rehabilitation Professionals

Human resource requirements for rehabilitation of persons with disabilities will be assessed and development plan will be prepared so that the rehabilitation strategies do not suffer from lack of manpower.
Education for Persons with Disabilities
Education is the most effective vehicle of social and economic empowerment. In keeping with the spirit of the Article 21A of the Constitution guaranteeing education as a fundamental right and Section 26 of the Persons with Disabilities Act, 1995, free and compulsory education has to be provided to all children with disabilities up to the minimum age of 18 years. According to the Census, 2001, fifty-one percent persons with disabilities are illiterate. This is a very large percentage. There is a need for mainstreaming of the persons with disabilities in the general education system through Inclusive education.
Sarva Shiksha Abhiyan (SSA) launched by the Government has the goal of eight years of elementary schooling for all children including children with disabilities in the age group of 6-14 years by 2010. Children with disabilities in the age group of 15-18 years are provided free education under Integrated Education for Disabled Children (IEDC) Scheme.
Under SSA, a continuum of educational options, learning aids and tools, mobility assistance, support services etc. are being made available to students with disabilities. This includes education through an open learning system and open schools, alternative schooling, distance education, special schools, wherever necessary home based education, itinerant teacher model, remedial teaching, part time classes, Community Based Rehabilitation (CBR) and vocational education.
IEDC Scheme implemented through the State Governments, Autonomous Bodies and Voluntary Organizations provides hundred percent financial assistance for various facilities like special teachers, books and stationery, uniform, transport, readers allowance for the visually handicapped, hostel allowance, equipment cost, removal/modification of architectural barriers, financial assistance for purchase/production of instructional material, training of general teachers and equipment for resource rooms.
There will be concerted effort on the part of the Government to improve identification of children with disabilities through regular surveys, their enrollment in appropriate schools and their continuation till they successfully complete their education. The Government will endeavor to provide right kind of learning material and books to the children with disabilities, suitably trained and sensitized teachers and schools which are accessible and disabled friendly.
Government of India is providing scholarships to students with disabilities for pursuing studies at post school level. Government will continue to support the scholarships and expand its coverage.
Facilities for technical and vocational education designed to inculcate and bolster skill development suited to various types of productive activities by adaptation of the existing institutes or accelerated setting up of institutes in un-served/underserved areas will be encouraged. NGOs will also be encouraged to provide vocational training.
Persons with disabilities will be provided access to the Universities, technical institutions and other institutions of higher learning to pursue higher and professional courses.
Economic Rehabilitation of Persons with Disabilities
Economic rehabilitation of Persons with disabilities comprise of both wage employment in organized sector and self-employment. Supporting structure of services by way of vocational rehabilitation centres and vocational training centres will be developed to ensure that disabled persons in both urban and rural areas have increased opportunities for productive and gainful employment.

Strategies for economic empowerment of persons with disabilities would be the following.
Employment in Government Establishments

The PWD Act, 1995 provides for 3% reservation in employment in the establishments of Government of India and Public Sector Undertakings (PSUs) against identified posts. The status of reservation for Government in various Ministries/ Departments against identified posts in Group A, B, C & D is 3.07%, 4.41%, 3.76% and 3.18% respectively. In PSUs, the reservation status in Group A, B, C & D is 2.78%, 8.54%, 5.04% and 6.75%, respectively. Government will ensure reservation in identified posts in the Government sector including public sector undertakings in accordance with the provisions of the PWD Act, 1995. The list of identified posts, which was notified in 2001, will be reviewed and updated.


Wage employment in Private sector

Development of appropriate skills in persons with disabilities will be encouraged for their employability in private sector. Vocational rehabilitation and training Centres engaged in developing appropriate skills amongst persons with disabilities keeping in view their potential and abilities will be encouraged to expand their services. Considering rapid growth of employment opportunities in service sector, persons with disabilities will be encouraged to undertake skill training suitable to the market requirement. Pro-active measures like incentives, awards, tax exemptions etc. will be taken to encourage the employment of persons with disabilities in the private sector.


Self-employment

Considering slow pace of growth in employment opportunities in the organized sector, self-employment of persons with disabilities will be promoted. This will be done through vocational education and management training. Further, the existing system of providing loans at softer terms from the NHFDC will be improved to make it easily accessible with transparent and efficient procedures of processing. The Government will also encourage self-employment by providing incentives, tax concessions, exemptions from duties, preferential treatment for procurement of goods and services by the Government from the enterprises of persons with disabilities, etc. Priority in financial support will be given to Self Help Groups formed by the persons with disabilities.
Women with disabilities
According to Census-2001, there are 93.01 lakh women with disabilities, which constitute 42.46 percent of total disabled population. Women with disabilities require protection against exploitation and abuse. Special programmes will be developed for education, employment and providing of other rehabilitation services to women with disabilities keeping in view their special needs. Special educational and vocation training facilities will be setup. Programmes will be undertaken to rehabilitate abandoned disabled women/ girls by encouraging their a adoption in families, support to house them and impart them training for gainful employment skills. The Government will encourage the projects where representation of women with disabilities is ensured at least to the extent of twenty five percent of total beneficiaries.
Steps shall be taken to provide short duration stay homes for women with disabilities, hostels for working disabled women, and homes for aged disabled women.
It has been noted that women with disabilities have serious difficulty in looking after their children. The Government will take up a programme to provide financial support to women with disabilities so that they may hire services to look after their children. Such support will be limited to two children for a period not exceeding two years.
Children with Disabilities
Children with disabilities are the most vulnerable group and need special attention. The Government would strive to:
Ensure right to care, protection and security for children with disabilities;
Ensure the right to development with dignity and equality creating an enabling environment where children can exercise their rights, enjoy equal opportunities and full participation in accordance with various statutes.
Ensure inclusion and effective access to education, health, vocational training along with specialized rehabilitation services to children with disabilities.
Ensure the right to development as well as recognition of special needs and of care, and protection of children with severe disabilities.
Barrier-free Environment
Barrier-free environment enables people with disabilities to move about safely and freely, and use the facilities within the built environment. The goal of barrier free design is to provide an environment that supports the independent functioning of individuals so that they can participate without assistance, in every day activities. Therefore, to the maximum extent possible, buildings/ places/transportation systems for public use will be made barrier free.
Issue of Disability Certificates
The Government of India has notified guidelines for evaluation of the disabilities and procedure for certification. The Government will ensure that the persons with disabilities obtain the disability certificates without any difficulty in the shortest possible time by adoption of simple, transparent and client-friendly procedures.
Social Security
Disabled persons, their families and care givers incur substantial additional expenditure for facilitating activities of daily living, medical care, transportation, assistive devices, etc. Therefore, there is a need to provide them social security by various means. Central Government has been providing tax relief to persons with disabilities and their guardians. The State Governments/ U.T. Administrations have been providing unemployment allowance or disability pension. The State Governments will be encouraged to develop a comprehensive social security policy for persons with disabilities.
Parents of severely disabled persons with autism, cerebral palsy, mental retardation and multiple disabilities feel a sense of insecurity regarding the welfare of their wards after their death. The National Trust for persons with autism, cerebral palsy, mental retardation and multiple disabilities has been providing legal guardians through Local Level Committee. They are also implementing the Supported Guardianship Scheme to provide financial security to persons with the above-mentioned severe disabilities who are destitute and abandoned by supporting the cost of guardianship. This scheme, which is presently implemented in a few districts, shall be expanded to cover other areas in a phased manner.
Promotion of Non-Governmental Organizations (NGOs)
The National Policy recognizes the NGO sector as a very important institutional mechanism to provide affordable services to complement the endeavors of the Government. The NGO sector is a vibrant and growing one. It has played a significant role in the provisions of services for persons with disabilities.

Some of the NGOs are also undertaking human resource development and research activities. Government has also been actively involving them in policy formulation, planning, implementation, monitoring and has been seeking their advice on various issues relating to persons with disabilities.

Interaction with NGOs will be enhanced on various disability issues regarding planning, policy formulation and implementation. Networking, exchange of information and sharing of good practices amongst NGOs will be encouraged and facilitated.

The following programmes will be undertaken:
A Directory of NGOs working in the field of disability will be prepared properly mapping them by geographic regions along with their major activities. For NGOs supported by the Central/State Governments, their resource position, both financial and manpower will also be reported. Disabled persons organizations, family associations and advocacy groups of parents of disabled persons shall also be covered in the directory identifying them separately.
There are regional/State imbalances in the development of the NGO movement. Steps will be taken to encourage and accord preference to NGOs working in the underserved and inaccessible areas. Reputed NGOs shall also be encouraged to take up projects in such areas.
NGOs will be encouraged to develop and adopt minimum standards, codes of conduct and ethics.
NGOs will be provided opportunities for orientation and training of their human resource. Training in management skill which is already being provided, will be strengthened. Transparency, accountability, procedural simplification etc. will be guiding factors for improvement in the NGO-Government partnership.
The NGOs shall be encouraged to mobilize their own resources to reduce the dependence on grants-in-aid from the Government and also to improve the availability of funds in the sector. Tapering of assistance in a schematic manner will also be considered so that the number of NGOs to be helped within the available resources could be maximized. Towards this end, NGOs will be trained in resource mobilization.
Collection of regular information on Persons with Disabilities
There is a need for regular collection, compilation and analysis of data relating to socio-economic conditions of persons with disabilities. The National Sample Survey Organization has been collecting information on Socio-economic conditions of persons with disabilities on regular basis once in ten years since 1981. The Census has also started collection of information on persons with disabilities from the Census-2001. The National Sample Survey Organization will have to collect the information on persons with disabilities at least once in five years. The differences in the definitions adopted by the two agencies will be reconciled.
A comprehensive website for persons with disability will be created under the Ministry of Social Justice & Empowerment. Organizations both in public and private sector will be encouraged to make their websites accessible to the visually impaired using Screen Reading Technologies.
Research
For improving the quality of life of persons with disabilities, research will be supported on their socio-economic and cultural context, cause of disabilities, early childhood education methodologies, development of user-friendly aids and appliances and all matters connected with disabilities which will significantly alter the quality of their life and civil society's ability to respond to their concerns. Wherever persons with disabilities are subjected to research interventions, their or their family member or caregiver's consent is mandatory.
Sports, Recreation and Cultural life
The contribution of sports for its therapeutic and community spirit is undeniable. Persons with disabilities have right to access sports, recreation and cultural facilities. The Government will take necessary steps to provide them opportunity for participation in various sports, recreation and cultural activities.
Amendments to existing Acts dealing with the Persons with Disabilities
Ten years have passed since the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 came into operation. With the experience gained in the implementation of the Act and developments in the disability sector, certain amendments to the Act have become necessary. These amendments will be carried out in consultation with the stakeholders. RCI and National Trust Acts will also be reviewed and if necessary, required amendments would be made.
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Principal Areas of Intervention
Prevention, Early Detection and Intervention
In order to ensure prevention and early detection of disabilities, the following action will be taken:
National, regional and local programmes of immunization (for children as well as expectant mothers), public health and sanitation will be expanded.
Medical and para-medical personnel will be adequately trained and equipped for early detection of disability amongst children.
Training modules and facilities in disability prevention, early detection and intervention will be developed for medical and para medical health functionaries and Anganwadi workers.
Training programmes of postgraduate, undergraduate degree and diploma in medical education will include modules on disability prevention, early detection and interventions.
Disability specific manuals for families having persons with disabilities will also be developed and provided free of cost.
Human resource development institutions will ensure that the personnel needed to provide support services such as special education, clinical psychology, physiotherapy, occupational therapy, audiology, speech pathology, vocational counseling & training and social work are available in adequate numbers.
The latest research findings in the field of genetics will be utilized appropriately to minimize congenital disability including mental illness.
Appropriate plan of action for limiting effects of disability and prevention of secondary disabilities within the existing health delivery system will be evolved.
Attention will be paid towards improving awareness of nutrition, health care and sanitation amongst adolescent girls, expectant mothers and women in the reproductive period. Awareness programmes for prevention will be built in at the school level and at the level of teacher's training courses.
Programmes will be undertaken for screening of children to identify at risk cases.
Programmes of Rehabilitation
Medical, educational and social rehabilitation programmes will be developed with the assistance of medical and rehabilitation professionals and with the participation of persons with disabilities and their families, legal guardians and communities. Convergence of Government programmes will be ensured and the following specific measures will be taken:
State level centres for providing composite rehabilitation services including human resource development, research and long term specialized rehabilitation will be set up.
Community based Rehabilitation programmes shall be encouraged. Self help groups of persons with disabilities and their family members/ caregivers shall be effectively involved in the process of rehabilitation.
Setting up of mental health care homes for severely mental ill persons will be encouraged under district level Panchayati Raj institution with the involvement of NGOs. Alternatively, family support groups will be encouraged to setup Custodial Care Institutions for persons with mental disabilities without community and / or family support.
Measures will also be taken to setup residential rehabilitation centres for providing vocational and social skills training for persons with mental disabilities.
Human Resource Development
The manpower will be developed in the following areas -
Training of primary level workers both in health care and in community development comprising of Anganwadi workers, Auxiliary Nurses (Midwifes) etc.
Support for training and orientation of personnel of Government and NGOs providing services.
Training and sensitization of community decision makers such as members of Panchayats, head of families etc.
Training and orientation of family members as caregivers.
Human resources will be trained to meet the requirement of education for children with disabilities under inclusive education, special education, home-based education, pre-school education etc, The following training programmes of different specialization and levels shall be developed:
Training modules for teachers for inclusive education.
Diploma, degree and high level programmes in special education
Training of caregivers for home-based education and care services for disabled adults/ senior citizens etc.

Rehabilitation Council of India shall be the nodal agency for preparation of plans for training of rehabilitation personnel. The role of the National Institutes in disability specific training will be clearly spelt out and a five-year Plan of Action will be drawn up.


Education of Persons with Disabilities
It will be ensured that every child with disability has access to appropriate pre-school, primary and secondary level education by 2020. Special care will be taken to -
Make schools (building, approaches, toilets, playgrounds, laboratories, libraries etc.) barrier free and accessible for all types of disability.
Medium and method of teaching will be suitably adapted to the requirements of most disability conditions.
Technical/ supplementary/ specialized system of teaching/learning will be made available within the school or at a common center easily accessible to a cluster of schools.
Teaching/learning tools and aids such as educational toys, Braille/talking books, appropriate software etc. will be made available. Incentives will be given to expand facilities for setting up of general libraries, e-libraries, Braille-libraries and talking books libraries, resource rooms etc.
National Open School and distance learning programmes will be popularized and extended to other parts in the country.
Sign language, Alternative and Augmentative Communications (AAC) and other modes as a viable medium in inter personal communication will be recognized, standardized and popularized.
Schools will be located within easy traveling distance. Alternatively, viable travel arrangements will be made with the assistance of the community, State and NGOs.
Parent-Teacher counseling and grievance redressal system will be set up in the schools.
There will be separate mechanism to review annually the intake and retention of the girl child with disability at primary, secondary and higher levels of education.
Many children with disabilities, who cannot join inclusive education system, would continue to get educational services from special schools. Special schools shall be appropriately re-modeled and re-oriented based on technological development. These schools will also help prepare children with disabilities to join mainstream inclusive education.
In some cases due to the nature of disability (its type and degree), personal circumstances and preferences, home-based education will be provided.
Course curriculum and evaluation system for children with various disabilities shall be developed keeping in view their capabilities. Examination system will be modified to make it disabled friendly by exemptions such as learning mathematics, learning only one language, etc. Further, facilities like extra time, use of calculators, use of Clarke's tables, scribes etc would be provided based on the requirement.
Model Schools of Inclusive Education will be set up in each State/ U.T to promote education of persons with disabilities.
In the era of knowledge society, computers play very important role. Efforts will be made so that every child with disability gets suitably exposed to the use of computers.
Children with disabilities upto the age of 6 years will be identified and necessary interventions made so that they are capable of joining inclusive education.
Educational facilities will be provided in psychosocial rehabilitation centres for mentally ill persons.
Many schools discourage enrollment of students on account of their disability due to lack of awareness about the capabilities of disabled persons. Programmes will be taken for sensitization of teachers, principals and other staff members in all schools.
Special Schools presently being supported by the Ministry of Social Justice & empowerment will incrementally become resource centres for inclusive education. Ministry of Human Resource Development shall open new special schools depending upon the requirement.
Adult learning/ leisure centers for adults with severe learning difficulties will be promoted.
Three percent reservation for persons with disabilities in admission to higher educational institutions shall be enforced. Universities, colleges and professional institutions will be provided financial support to establish Disability Center to take care of educational needs of students with disabilities. They will also be encouraged to make classrooms, hostels, cafeterias and other facilities in the campus accessible to students with disabilities.
Include a module in induction and in-service training programmes of teachers on issues relating to management of children with disabilities
The Ministry of Human Resource Development will be the nodal Ministry to coordinate all matters relating to the education of persons with disabilities.
Employment
The following steps will be taken for employment of persons with disabilities:
The government shall initiate a dialogue with private sector organizations to help persons with disabilities in getting employment.
Develop appropriate home-based income generation programmes for the persons with disabilities especially for persons with severe and multiple disabilities, who opt for such programmes. The system of coaching for employment will also be encouraged for persons with disabilities and their caregivers.
Facilitate modifications in the design of machinery, workstation and work environment necessary for the disabled persons to operate without barriers in training centres/ factories/ industry/ offices etc.
Provide assistance through appropriate agencies like Marketing Boards, District Rural Development Agencies (DRDAs), private agencies and Non Governmental Organizations in marketing of goods and services produced by persons with disabilities.
Coverage of persons with disabilities in poverty alleviation programmes will be improved so that they get their due share of 3 percent as provided under statutory provisions.
Barrier-free Environment
For creation of barrier-free environment, the following strategies will be adopted:
Public buildings (functional or recreational), transport amenities including roads, sub-ways and pavements, railway platforms, bus stops/ terminals, ports, airports, modes of transports (bus, train, plane and waterways), playgrounds, open space etc. will be made accessible.
Use of sign language in all public functions will be encouraged.
Modification of Curriculum of Architects and Civil engineers will be undertaken to include issues relating to construction of barrier-free buildings. In service training will be provided on these issues to the government architects and engineers.
Full adoption of comprehensive building byelaws and space standards for barrier-free built environment shall be ensured. Effort will be made to ensure adoption of the byelaws and space standards by all the states, municipal bodies and Panchayati Raj institutions in the country. These authorities will ensure that all newly constructed buildings for public use are barrier-free.
State Transport Undertakings will ensure disabled friendly features in their vehicles. Railways will provide barrier-free coaches in a phased manner. They will also make the platforms-buildings, toilets and other facilities barrier-free.
The Government will ensure that Industrial establishments, offices, public utilities both in public and private sector provide disabled friendly work place for their employees. Safety standards will be developed and strictly enforced.
Proactive steps will be taken to ensure disability-friendly IT environment in the country.
All the buildings, which are for public use, will be audited for its accessibility to persons with disability. There may be a need to develop professionally recognized access auditors whose services would be utilized for the purpose.
Banking system will be encouraged to meet the needs to the persons with disabilities.
Communication needs of the persons with disabilities will be met by making information service and public documents accessible. Braille, tape-service, large print and other appropriate technologies will be used to provide information for the persons with visual disability.
Social Protection
The following steps will be taken to provide adequate Social Security to the persons with disabilities:
A system of regular review of the policies of tax relief granted to the persons with disabilities will be put in place so that necessary income tax and other tax relief remain available to persons with disabilities.
State Governments and UT Administrations will be encouraged to rationalize the amount of pension and unemployment allowance for persons with disabilities.
Life Insurance Corporation of India has been providing insurance cover to persons with specific type of disabilities. There is a need to encourage all insurance agencies to cover persons with disabilities without exception.
Research
Research for developing new technologies for persons with disabilities will be encouraged with international cooperation, wherever necessary. Results of research will be widely disseminated. It will be focused on the following aspects:
Socio-cultural aspects of disability, which inter alia include study of social attitude and behavioral patterns towards persons with disabilities.
Develop social indicators relating to the education of persons with disabilities so as to analyze the problems involved and take up programmes to improve access and opportunities
Generate statistics about the employment status of persons by type of disability especially for those who become disabled due to accidents and other disasters.
Study causes of different types and level of incidence of disabilities
Genetic research to minimize incidence of disability under the aegis of Indian Council of Medical Research
Adaptive technology research focusing on enhanced personal mobility, verbal/non-verbal communication, design changes in articles of every day usage etc. with a view to develop cost effective, user-friendly and durable aids & appliances with the help of premier technological institutes. Ministry of Science & Technology shall set up Rehabilitation Technology Centre for coordinating and undertaking research and development, testing and certifying technologies, training etc. Appropriate hardware and software suitable for persons with disabilities to ensure access to information technologies will be developed.
Sports, Recreation and Cultural activities
The following steps will be taken to ensure equal opportunities for sports, recreation and cultural activities:
Make places for recreation, cultural activities and sports, hotels, beaches, sports arenas, auditoriums, gym halls, etc. accessible.
Travel agencies, hotels, voluntary organizations and others involved in organizing recreational activities or travel opportunities should offer their services to all, taking into account the special needs of persons with disabilities.
Identification of talent amongst persons with disabilities in different sports shall be made with the assistance of local NGOs.
Formation of Sports organizations and Cultural societies for persons with disabilities will be encouraged. There will be mechanism to support the participation of persons with disabilities in national and international events.
A national award for excellence in sports for persons with disabilities shall be instituted.
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Responsibility for Implementation
The Ministry of Social Justice & Empowerment will be the nodal Ministry to coordinate all matters relating to the implementation of the Policy.
An inter-ministerial body to coordinate matters relating to implementation of National Policy will be formed. All stakeholders including prominent NGOs, Disabled Peoples Organizations, advocacy groups and family associations of parents/ guardians, experts and professionals will also be represented on this body. Similar arrangements will be encouraged at the State and Districts levels. Panchayati Raj Institutions and Urban Local Bodies will be associated in the functioning of the District Disability Rehabilitation Centres' District Level Committees to coordinate the matters relating to the implementation of the policy.
The Ministries of Home Affairs, Health & Family Welfare, Rural Development, Urban Development, Youth Affairs & Sports, Railways, Science & Technology, Statistics & Programme Implementation, Labour, Panchayati Raj and Departments of Elementary Education & Literacy, Secondary & Higher Education, Road Transport & Highways, Public Enterprises, Revenue, Women & Child Development, Information Technology and Personnel & Training will setup necessary mechanism for implementation of the policy. A five-year perspective Plan and annual plans setting targets and financial allocations will be prepared by each Ministry/ Department. The annual report of these Ministries/ Departments will indicate progress achieved during the year.
The Chief Commissioner for Disabilities at Central level and State Commissioners at the State level shall play key role in implementation of National Policy, apart from their statutory responsibilities.
Panchayati Raj Institutions will play a crucial role in the implementation of the National Policy to address local level issues and draw up suitable programmes, which will be integrated with the district and State plans. These institutions will include disability related components in their projects.
Infrastructure created during the course of implementation will be required to be maintained and effectively used for a long period. The community should take a leading role in generating resources with in themselves or through mobilization from private sector organizations to maintain the infrastructure and also to meet the running cost. This step will not only reduce the burden on state resources but will also create a greater sense of responsibility among the community and private entrepreneurs.
Every five years a comprehensive review will be done on the implementation of the National Policy. A document indicating status of implementation and a roadmap for five years shall be prepared based on the deliberations in a national level convention. State Governments and Union Territory administrations will be urged to take steps for drawing up State Policy and develop action plan

 

Various social activities of Kodakkal Shivaprasad covered in media.

 

CREATED AN GROUP FOR DISABILITY COMMUNITIES FOR ALL PURPOSES


Dear One and all,


To create awareness among disability and their development in the day to day affairs I am forced to create an group at googlegroups.com on the following address:


http://groups.google.com/group/disability--their-movement

Hope that to come forward with society and for awakening our self, please join the group and make the group an vibrant, be developmental, be achieving stage and what more we expect.


Please send your message or resumes to: disability--their-movement@googlegroups.com


WISH YOU WARM WELCOME TO THE GROUPS IN THE COMING DAYS.