Friday, September 23, 2016

From the Disabled, To the Disabled





World Is One News (WION) is an international news entity with headquarters across South Asia. WION covered my relentless campaign of making places accessible for persons with disability in the capital of India.




Monday, September 12, 2016

How I got my Railway Photo Identity Card (for Persons with Disabilities) to access e-ticket facility


4 years ago on this day a historic decision was delivered by High Court of Delhi. Prior to that, even after 66 years of Independence, people with disabilities had no right to book railway tickets through internet. Ironically this facility was available to both non-disabled and elderly citizens. This prompted Mr Praveen Kumar G, a person with visual disability, to file a Public Interest Litigation through Advocate Mr. Pankaj Sinha, a lawyer with visual disability, alleging discrimination between disabled persons and senior citizens in the Policy of IRCTC which provides facilities and services for issuing the railway ticket on internet, or at the reservation counters. Vide Praveen Kumar G vs Union of India & Ors. in the HC of Delhi W.P.(C) 2145 of 2011, Hon’ble Court directed the Railway Board, Ministry of Railway, to start this facility for citizens with disability. The judgement is available at this link.

This was the genesis of Railway Photo Identity Card. Let me tell you that this card is different from ‘Railway Concession certificate’ which is based on verification of ‘Disability certificate’. However, one cannot book a ticket online through the latter hence the whole PIL. For easy explanation, I shall be using ‘E-concession card’ for ‘Railway Photo ID Card’ in this post.

The Railway Board vide its Commercial Circular No. 18 of 2015 detailed the whole scheme to all zonal railways for effective implementation through its letter dated 19 March 2015. The letter is uploaded here.

Steps for issuance of ‘E-concession card’ (Railway Photo ID Card) 

1. A person with disability entitled for railway concession has to approach Divisional Railway Manager (DRM) Office along with Railway Concession certificate, Photo ID proof, Date of Birth proof, Address proof and 2 passport size photos (in person or by post) along with a set of attested photocopies. Letter should be addressed to Senior Divisional Commercial Manager (Sr DCM).

2. Commercial Inspector of the DRM office will in turn verify the documents from where the Railway Concession certificate was issued.

3. After verification E-concession card will be issued and the applicant will be informed telephonically to collect the card. The applicant with disability or his/her representative can collect the card after showing original certificates



So far, so good. However, to get this actually is a big hurdle. Since the launch of this facility, there has been lot of complaints of harassment of disabled persons by the Concession Cell of DRM Office, Delhi. I am a person with locomotor disability and I already have my disability certificate and railway concession certificate. I finally decided to test it on my own and applied for E-concession card on 30th May 2016. The DRM office on the State Entry Road (near Connaught Place) has a smashing ramp but the Concession Cell of the DRM office has a broken ramp completely unfit and risky for a wheelchair user and those wearing orthosis. When you enter inside, another broken bench will gather your attention. Anyways, I submitted my documents and the official said that I have to submit disability certificate as well. Infact, they have pasted a paper showing documents required on the glass window. I said nothing of this sort is mentioned in original Commercial Circular No. 18 (CC 18) of 2015. I showed him the pdf on my mobile. Looking at it for some time, he agreed and issued me a receiving. I tweeted about the unsafe ramp to Railway Minister and DRM. After some time, I asked one of my friend (another doctor with disability) about his card. He said he submitted a year ago on 12 June 2015 but still there has been no response. He also tweeted to the honourable mentions above. I further came to know about similar delays elsewhere.

We complained on twitter but the messages keeps getting forwarded from one twitter handle to another without any assistance. The public mobile number of Concession Cell (9717649957) remained switched off on three consecutive days despite complaint to Sr DCM. The other number provided by his office (011-42622054) could not be contacted.

In the mean time, CNN News18 highlighted my complaint of inaccessible ramp at Concession Cell of DRM office on it show Citizen Journalist. The recording is available on YouTube at the following link between 7.50 min to 9.20 min : https://www.youtube.com/watch?v=sCPHyuYp-80

So finally, I wrote a long email to Railway Minster, with copy to Executive Director (Public Grievances) and DRM. I also mentioned that CC 18 states clearly that ‘the total process till the issuance of card should be completed within reasonable time from the date of receipt of application.’ I gave example of my friend Dr Nirad Yadav who applied 14 months ago. I also mentioned that Concession Cell is unnecessary asking for disability certificate and thereby harassing those who are following Railway Circular and about the broken ramp.

The very next day, I got call from Concession Cell that mine and Dr Yadav’s cards are ready and we can collect them.

Both of us went to the Concession Cell on 9th September 2016. After reaching there, we came to know that we have to take a token. There was a huge rush but we waited and took tokens. The process was painstakingly slow so after an hour I called on the number which invited us. . I called the number which had given us a call the other day. The gentleman was sitting in front of the counter and rudely said ‘wait for your turn’. The public mobile number 9717649957 was still switched off on 4th successive day.



We waited patiently, standing in the hot foyer. When our turn came, they insisted for de-lamination as they have to write the number on original Railway Concession Certificate. We said it's difficult to de-laminate and requested them to keep it with themselves since we shall be getting e-concession in turn. To this they clarified that the e-card is valid only for 5 years and has to be renewed. This was ridiculous since my disability was permanent. Why a person with permanent disability and a valid permanent disability certificate needs to prove to the railways again and again that he is disabled?


Anyways, rather than arguing we went outside at Connaught Place to get the needful done. My friend got his card and I told him to rush to his hospital since it took us much longer than what we had anticipated. It was my turn came now. The official said that I have not provided the disability certificate. I replied in affirmative and said why do you need it when based on the same certificate, Railways have issued me Railways Concession Certificate. To this he said they won’t be able to issue me the card then. I said that I have submitted all the documents which are required as per the Railway Circular. I told him to write on my application why the card cannot be issued. He was taken aback. He said, Sir you are doctor, things will be delayed. I said you only called me after I wrote to your bosses and I will only furnish those documents which are mentioned in the circular. His fingers were trembling as he did not want to give anything in writing. His nearby fellow coaxed him to reject. He went inside to consult seniors.


It was 12.30 pm. The mob was building with people from far off places like Faridabad and Ghaziabad standing on their crutches because of limited seating arrangements. I chatted with the people around. Few of them were waiting since more than a year. I took photos of their application (Mr Pramod Kumar, Mr Nagender Narayan) & started tweeting to the Railway Minister and DRM I uploaded pictures of the broken bench as well as the inaccessible ramp too. It was 1 pm with official lunch hour in progress. Few minutes later, twitter handle of Sr DCM tweeted back and about my mobile number. I showed it to the official sitting inside and he asked how many days old is this tweet? The animated crowd behind said in unison '1 min back'. Few phone calls came and whole staff vanished from the Concession Cell. At around 1.45 pm, their senior official came with the copy of circular in his hand. I said you are harassing us by asking irrelevant documents. He apologized and said, 'Sir, you are right. Mistake is from top. They ignored the fact that computerized certification needs disability certificate number. He took notice of the ramp too and listened to the other people who were getting impatient by now. His junior collected names of all of us and in the next minute, I got my card. Two others received their cards as well. I was told not to get it laminated since it has to be renewed after 5 years. This is in stark contrast to what it’s written in the guidelines. The circular states that we should get it laminated as per point number 9.


Later in the day, I got a call from another of my dentist friend with disability that he has been asked to collect his card as well. He got it on the next working day.

There are more questions than answers in this whole saga. Why the Railways are hell bent on doing the CBI inquiry of our railway concession card? It is issued only on the basis of our disability certificate which is in turn given by a Government medical board. Do the Railways question the integrity of Government doctors?
Why they need multiple certificates? Why the old Railway Concession certificate is not valid now consideing the new process of issuance taking 6 months to an year? Moreover, The Ministry of Social Justice and Empowerment will be shortly releasing universal identity card for people with disabilities which will be a single card to avail all government benefits. With this in sight, why the Railways wants to engage its already under-staffed DRM office to do a Sherlock Holmes on our railway concession cards?
Is it so difficult for Mr Prabhu to speak to Mr Gehlot and find a workable solution?

I began this post by mentioning about the PIL filed by people with disabilities. I end this post by emphasizing that all policy, guidelines for people with disabilities will be futile until and unless we the disabled people are involved in the decisions.

Tuesday, September 6, 2016

Passengers with disabilities a 'bigger threat' as per India's Bureau of Civil Aviation Security

"Millions of passengers at airports across India go through pat-down security checks, often leading to delays and harassment, especially for persons with disabilities. An RTI application filed by a disability rights activist has now revealed why this is the case, even though technology exists that makes it unnecessary. Not only does the Bureau of Civil Aviation Security (BCAS) regard passengers with disabilities as a higher security risk but the agency has also been responsible for blocking the introduction of disabled-friendly safe full body scanners since it is still “exploring its feasibility at Indian airports keeping in view the privacy (issues) and health hazards from radiation”.


"BCAS, which is the regulatory authority for civil aviation security in India and comes under the ministry of civil aviation, appears to have not taken into account the fact that many nations, including the US, have shifted to the use of new technology at airports for reducing scanning time and inconvenience to the passengers."

Read the full featured article on my RTI expose "Passengers With Disabilities Pose ‘Higher’ Security Risk, Says Aviation Authority" here at 'The Wire':

http://thewire.in/64487/rti-aviation-security-disability/

I had faced  harassment from the airport security staff in February 2014, which was covered by both The Hindu and The Times of India.I filed complaints with the BCAS, the ministry of civil aviation and the chief commissioner of persons with disability. I then filed an RTI application on October 21, 2014 and followed it up with first and second appeals on November 12 and December 22, 2014.

Human dignity is a constitutional value and a constitutional goal. BCAS is humiliating people with disabilities though we are willing to help them by providing suggestions. That is why I am advocating the millimetre wave technology. In the recent landmark judgement in Jeeja Ghosh vs Spice Jet, the Supreme Court had categorically said, “Non disabled people do not understand disabled ones…. What non-disabled people do not understand is that people with disabilities also have some rights, hopes and aspirations as everyone else”.

If it had not been for the insistence of information commissioner Bimal Julka, a former director in the Ministry of Civil Aviation, the BCAS would not have parted with any information. BCAS kept denying information on the pretext of national security,” However, Julka said the “appellant raised pertinent issues regarding safeguarding the rights of disabled persons who are harassed by screeners. The appellant also raised very important and critical issues related to the new and innovative technologies being adopted by various advanced countries for disabled”. Given the gravity of these issues, he directed BCAS to provide the relevant information. The CIC judgement is reproduced below:


Thursday, May 26, 2016

Centre amends excise duty concession for disabled

BREAKTHROUGH: It was not easy to fight single handedly for a cause which involved three different ministries. But if there is a will, there is a way. When TOI first broke the story, a section of so called armchair facebook activists complained that few people are getting excise duty concession. Few people! After a 5 month advocacy with Department of Heavy industries, here is the policy change. Customers with disabilities DO NOT need manufacturer certificate now. They are free from the harassment of Maruti Suzuki (who discriminates on right and leg left disabled despite losing a case in High Court of Rajasthan). One has to get only a RTO certificate NOW and the benefit extends to a disabled person driving an automatic transmission, retrofitted vehicle or one using assistive devices. Please spread the word and know your rights.

Full Times Of India report:

Manash Pratim Gohain| May 26, 2016, 01.03 AM IST

New Delhi: The Centre has amended the guidelines for excise duty concession to disabled people for buying vehicles . A notification in this regard was issued by the ministry of heavy industries on April 21 and May 2.

The new guidelines have also done away with the manufacturer's certificate necessary for availing the concession; a certificate by the district road transport officer would now suffice.

TOI had reported on April 4 how Maruti Suzuki India Ltd had denied the concession to Dr Satendra Singh, a teacher at University College of Medical Sciences, on the grounds that it's allowed only in the case of a left-leg disability. Singh was disabled in the right leg.

The Gazette of India notification stated, "...it has further been decided that the requirement of manufacturer certificate from OEMs in case of retrofitment of vehicles, after purchase, shall be dispensed with. Instead the certificate from district road transport officer, as per annexure, would be sufficient for applying to this department."

An addendum was issued on May 2 on the annexure of the 'certificate to be issued' that added "auto transmission or which has been retrofitted or his/her disability has been addressed by prosthetic means". This was done so that no disabled buyers are harassed.

Gazette notificationhttp://enablingunit.yolasite.com/excise.php

Also Read:

Monday, April 25, 2016

Delhi Traffic Police: 'How can you drive if you are disabled'?

‘How can you drive if you are disabled’
Bindu Shajan Perappadan, THE HINDU, 24 April 2016


Singled out:Disability rights activist Dr. Satendra Singh shows how he operates his specially-modified car.photo: special arrangement

Unaware volunteers, traffic cops pose odd questions to differently-abled drivers during odd-even:

If you are disabled, how can you drive? The question left me stumped, says disability rights activist and physician Dr. Satendra Singh, who along with several other differently-abled persons have complained about the ignorance of the civil defence volunteers and the Traffic Police when it comes to the rights of the disabled during the on-going odd-even scheme.

“Despite being exempted from the drive for being under the disabled category I continue to face harassment by constables at Delhi-UP borders. I have been stopped and questioned three times at the same place over the past two days. I have been asked, How can I even drive with my disability,” said Dr. Singh.

Recalling his ordeal, Dr. Singh said: “I am a doctor with a disability, who drives modified car with hand control. Earlier this week I was stopped by a couple of civil defence volunteers. I told them that I drive a modified car and that I am a person with disability. I also told them that I am under the exempted category. After a few minutes I drove out only to be stopped again with the same set of questions thrown at me. Currently there is no obvious way to identify a disabled driver in a car. Disabled persons in the vehicle are being stopped.”

The physician said that the Delhi government should consider issuing disability certificates with stickers showing the International Symbol of Access to indicate that the vehicle is being driven by a person with disability.

“This will also help us in the perennial problem we face during parking. Delhi Metros are considered disabled-friendly but they are not since none of the stations have 'reserved parking' for the disabled,” he added.

Meanwhile, others in the city, who faced a similar situation, said that it is embarrassing to face such harassment in the Capital.

Activist and head of department in a government medical college, Dr. Dinesh Puri says he was stopped earlier this week by a traffic cop who was completely unaware of the rules and regulations.

“It is not a joke to work with cops who are not aware of the rules. We don’t need sympathy or contempt. There is a larger issue here which needs to be addressed to ensure that harassment is eliminated,” he said.

R.K. Arora, from a Central government ministry, said there is no reason why a miniscule population should be harassed during the drive.

“Education is easy. We cannot be humiliated because the volunteers and cops are ignorant about the rules.”


Many suggest stickers to identify a car driven by a differently-abled individual

Source: The Hindu, 24 April

#OddEvenDobara

Traffic cops harass people with disabilities in Odd Even phase

Disabled complain of harassment by traffic cops

Rumu Banerjee | TIMES OF INDIA | Apr 22, 2016

NEW DELHI: Several differently-abled people have complained about harassment by the traffic police during the odd-even drive. Dipankur Goyal, for one, alleged that he was challaned Rs 2,000 even after he showed the cops a certificate proving that he was 100% visually impaired.

As per the Delhi government notification, a vehicle driven or occupied by a differently abled person is exempt from the rule. Goyal told TOI, "I tried to explain my disability and even showed the certificate to the cop. But no one would listen to me."

Goyal's is not an isolated case, though. Satendra Singh, a doctor who drives a modified car, claimed he was stopped several times in the past few days. Singh was a bit luckier than Goyal in the sense that the cops understood his disability and didn't challan him. "I have been stopped at various points. Every time, I have had to explain that my car is modified for the disabled and show them the caliper as proof."

Not every disability is easily visible or can be explained away, though. Goyal said he was challaned as the cops said his driver was at the wheel and would thus be liable for the challan. "But I can't go around without a driver. And that's why the government exemption is for disabled people who occupy a car. But most cops and volunteers don't understand the rules," said Goyal.

Singh, who is also a disabled rights activist, said he had come across several similar complaints.
"Disabled people are being stopped. Already, traffic police and volunteers are overburdened and this is neither their fault nor ours," said Singh. According to him, a way to getting around the problem is creating better awareness of rules among the ground staff and also issuing an identifiable sticker to the disabled people

Source: Times of India, 22 April

#OddEvenDobara

Sunday, April 17, 2016

Maruti is certainly not for car aspirants with disability

Maruti Suzuki India Limited (MSIL) has come up with a unique way to discriminate drivers with disability. The Government of India gives the people with disabilities there legitimate right to avail excise duty concession on the purchase of a new car but MSIL has a problem with that. They want excuses to deny this and they have come up with a unique way of discrimination. They will not grant this concession to customers with right leg disability.

Discriminatory Guidelines by Maruti Suzuki India Limited (MSIL)

The Guidelines by MSIL for booking and purchasing a new car is given at this link. The salient points are summarised below



Despite the clear cut guidelines by the Central Government, often the customers with disabilities are harassed. This is in part due to lack of awareness, confusion of excise duty waiver with road tax exemption and discrimination by manufacturers. Take for example the case of biggest manufacturer in India -MSIL. They provide the excise duty concession only to customers with left leg disability which is discriminatory.The Government guidelines no where mentions between right and leg disability. This is the creation of MSIL only and they were slammed by High Court of Rajasthan on the same issue in the Vijay Raj Khariwal vs Union of India & Ors. CW Case No. 2697 of 2005. The readers can read the judgement and decide on there own. Same thing happened with Dr Satendra Singh from Delhi which was prominently highlighted by the Times of India.


For availing manufacturer certificate, MSIL insists on submitting photograph 'showing' the disability. Why? Why do they want to see the photo of an amputee female above thigh when she has a medical certificate already. This is also infringement of right to privacy as well as violation of Disability Amendment Rules 2009. Dr Satendra Singh has already written to both Deputy GM, CRM, MSIL as well as Secretary, Department of Heavy Industries on this. One can read the letters here. Incidentally, it was Dr Singh only who challenged similar discriminatory proforma asking for photo 'showing' disability from UPSC and IIT JEE aspirants. Both had to withdraw these after his petition with Court of Chief Commissioner for Persons with Disabilities.


So MSIL is a detective agency. They do not believe the medical certificate issued by a doctor from a Govt hospital. They also do not believe in the disability certificate issued to the person by a medical board constituted in Govt hospital. They want to see the 'photo showing disability' and recheck by there doctor. Is the minimal excise duty concession being given from there pocket? Who gave them this ridiculous authority?


This further proves, why MSIL is hell bent on harassing disabled persons. Look at the extra document they need which are nowhere mentioned in the Govt circulars. This is the response of the top manufacturer in India. After publication of the story in TOI, Dr Singh got a call from a reader Dr Girish Gupta that same thing happened with him for one month when he wanted to get the exemption on Ciaz. After getting frustrated he switched to Hyundai's Creta and got all these excise duty concession in just a day. So this is deliberate attempt on part of MSIL to harass people with disabilities. Shame on them!

#MarutiNOTforDisabled