Saturday, December 7, 2013

An Open letter to Chief Justice of India requesting Supreme Court to intervene and allow disabled voters to vote again in Delhi Elections

An Open letter to Hon’able Chief Justice of India requesting Supreme Court to intervene and allow disabled voters to vote again in Delhi Elections
Dear Sir,

I wish to write to you on an issue of national importance. The recently concluded Delhi Elections prevented a sizeable number of voters with disability to vote. This was publicized as the most high-tech polls ever but for disabled voters, it was like ostracizing in their own country. Live webcast notwithstanding, architectural, attitudinal and technological barriers confronted voters with disabilities while exercising their right to vote:  no Braille signs or ramps, an absence of Sign Language interpreters, no automatic door openers, narrow doorways and inaccessible voting machines.

On what basis does the capital of world’s largest democracy legally deprive an estimated 80,000 voters with disability of this fundamental civic right?  Despite Supreme Court orders, publicity towards disabled friendly polling booths was nil. On International Day of Persons with Disabilities (just a day before the elections), the issues were raised in media but false assurances were given. No efforts were made by the Election Commission to raise the awareness even on World Disability Day. Despite PMO orders, CCPD orders, NIC guidelines, the website of Election Commission of India is inaccessible to voters with visual impairments.

On the D-day itself many voters with disability could not vote. Not only this was highlighted in the media but a complaint was sent by me to the Election Commissioner which is still not acknowledged. Shivani Gupta, an access consultant and a wheelchair user is regularly nominated by the Government of India as a subject expert to advice on issues and policies relating to accessibility. The recipient of National (Role Model) Award given by the President of India (2004) could not vote because of the insensitivity.

As per a media report there are 80,000 voters with disability in India. Since the results are not yet out and there was widespread deprivation of the rights of disabled voters, I request you to take suo moto cognizance of this and as a special case, stop declaration of result till disabled voters are called again and allowed to vote. The ink marking will easily allow identifying voters with disability who could not vote. This may seem a tedious exercise but it will respect the fundamental rights of persons with disabilities.

The voters with disabilities (around 80,000 in Delhi and 4.5 crore in India); capital of India; whole of India as well as the world can get a stronger message if the highest apex body in India can uphold the rights of world’s largest minority (persons with disabilities). We take pride in being world’s largest democracy and we look up to you respect the voting rights of persons with disabilities.

With regards,
Dr Satendra Singh (disabled and proud)
6 December 2013

Friday, December 6, 2013

Slammed by Supreme Court, DoPT revises discriminatory order

The Supreme Court in a historic decision directed the Centre and all state governments to provide three per cent job reservation to disabled persons in all their departments, companies and institutions.

A bench headed by Chief Justice P Sathasivam also clarified that the principle of not exceeding more than 50% reservation would not be applicable while granting quota for disabled persons. The apex court directed the authorities to compile the number of vacancies in all their departments give jobs to disabled persons under three percent reserved quotas within three months. Hon’ble court also asked DoPT to revise the earlier circular no.36035/3/2004-estt[res] dated 29th December 2005 that have inadvertently erased promotion reservations and other benefits.



Keeping in view the directions of Supreme Court, Para 14 of the OM dated 29.12.2005 is now modified by DoPT as per their immediate order released on International Day of Persons with Disabilities.

Full letter can be read here.

DU Prof highlights hurdles in letter to EC (Disabled voters rip apart system on web)

DU Professor highlight hurdles in voting to election commission

Times of India covering the issue (6th Dec 2013)
http://timesofindia.indiatimes.com/city/delhi/Delhi-assembly-polls-Disabled-voters-rip-apart-system-on-web/articleshow/26922114.cms

Thursday, December 5, 2013

Raw Deal for Physically Challanged Voters

The Supreme Court order of 2007 to Chief Election Commissioner was the result of a letter written to the Chief Justice of India by Mr Javed Abidi, convener of the Disabled Rights Group (DRG) before the 2004 election, demanding that necessary steps be taken to make the polling process accessible to the disabled. The letter was converted into public interest litigation (PIL). Apart from ramps in polling booths and Braille-enabled EVMs, the Supreme Court judgment also says that poll personnel must be sensitised to the special needs of the disabled (hearing impaired) and be courteous to them.

This was publicized as the most high-tech polls ever but for disabled voters, it was like ostracizing in their own country. Live webcast notwithstanding, architectural, attitudinal and technological barriers confronted voters with disabilities while exercising their right to vote:  no Braille signs or ramps, an absence of Sign Language interpreters, no automatic door openers, narrow doorways and inaccessible voting machines.

On what basis does the capital of world’s largest democracy legally deprive an estimated 80,000 voters with disability of this fundamental civic right?  I complained it to the election commission as well as Chief and State Commissioner’s of Persons with Disability.

Today’s Statesman has also covered the story on page 2. Sharing it here:

RAW DEAL FOR PHYSICALLY CHALLENGED VOTERS

By Chandan Prakash Singh (singh.chandan@thestatesman.net)
New Delhi, 4 December 2013, The Staesman (Delhi Edition, page 2)


The lack of ramps and Braille signs at several polling booths, led physically challenged voters, including first timers,having a tough time in exercising their franchise for the Delhi Assembly election today.

According to Dr Satendra Singh, professor at the University College of medical Sciences (UCMS) and GTB Hospital, despite clear guidelines from the Supreme Court, disabled voters were not informed about accessible polling booths either on radio or newspapers.

“The polling booth at a training centre outside GTB Hospital, Dilshad Garden, had no ramp or Braille signage facility as several of my students, including the first timers, faced lots of trouble while casting their votes. This was just one example of such mismanagement noticed while polling as there were numerous booths.” said Dr Singh.

Ms Abha Khetarpal, wheelchair user and the president of 'Cross the Hurdles' organization, said:
"Polling booth number A 28 at Subhash Nagar, where I was supposed to cast my vote, had no ramps for wheelchairs and no Braille stickers.” She said polling booths number 11, 12, 13, 14 in Rajokri had no ramps and Braille stickers. Besides, polling booth number 13 in Rajokri had seven stairs which was inaccessible for physically disabled people.

“How can it be called government for the people, by the people and for the people. If we report this to media they ask for proof of this with pictures which is not allowed. Said Ms Khetarpal.
Shivani Gupta, another wheelchair user and President of 'AccessAbility' organization, could not cast her vote due to inaccessibility of her polling booth.

Similar situations were noticed at Mundka (Nitholi) in North West Delhi which was completely inaccessible. Some disabled voters were also seen taking pictures of booth where wheelchair users could not enter.

“I am marking the complaint to Chief Commissioner of Persons with Disabilities and State Commissioner of Person with Disabilities, Delhi, to take strict and appropriate action as disabled voters were deprived of their voting rights. I also declare, I am a person with disability myself. I am copying the mail to disabled voters mentioned above.”said Dr Satendra Singh.

On International Day of the Persons with Disabilities and just a day before the Delhi Elections, same issues were raised by me in the Hindi daily ‘Hindustan’ where election officer made false promises.Today’s ‘The Hindu’ has also raised the issue along with ‘The Times of India’. It’s now upon Election Commission to respond and rectify these grave mistakes in future. What is more ironical is the plight of persons with psychosocial impairment who are just not considered eligible for voting.


Not a disabled friendly electoral system

Not a disabled friendly electoral system

THE HINDU

GAURAV VIVEK BHATNAGAR
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A man carries a disabled relative to help her exercise her franchise in New Delhi on Wednesday.Photo: PTI
A man carries a disabled relative to help her exercise her franchise in New Delhi on Wednesday.Photo: PTI
While it tried through media campaigns to improve the voter turnout for the Delhi Assembly elections, a large number of persons with disability (PwDs) were still unable to reach the polling booths — as they were not disabled friendly — and could not exercise their franchise.

A case in point was that of Neeru Gautam, who works in the disability sector with Sahyogi. A resident of Block 34 of West Patel Nagar, Ms. Gautam decided to cast her vote by taking her power chair all the way to the polling station in Block 26 Community Centre.

However, on reaching her polling booth, she realised there was no ramp to enter and the entrance to the room was also blocked by a wooden pole which had been put in the middle of the passage to segregate the incoming and leaving voters.
“As my chair could not enter the room, I asked the election staff to come out and help me cast my vote. But despite repeated pleas, no one came forward. Then one person offered to lift me physically, which I refused outright and I came back without casting my vote,” she rued.

Ms. Gautam incidentally had been voting in every election. “Earlier, I had a helper who would take me inside the booth but ever since I became independent due to my power chair, I have not felt the need for one. The Election Commission should have ensured ramps and barrier-free access for the PwDs in this election.”

Some PwDs also vented their anger on social networking sites. Abha Khetarpal, a wheelchair user and president of NGO Cross the Hurdles, wrote on the Facebook page of Dr. Satendra Singh, Coordinator with the Enabling Unit of the Equal Opportunity Cell of the University College of Medical Sciences, how polling booth number A-28 in Subhash Nagar, where she had to cast her vote, had no ramps for wheelchair users and no Braille stickers.

She commented: “So, in this politics of vote bank, polling stations are inaccessible. How can this be called government of the people, by the people and for the people?”

Ms. Khetarpal also noted the media often asks for proof about such shortcomings in the electoral system. “But taking pictures is not allowed — a disabled system indeed.”

For his part, Dr. Singh said: “I haven’t seen any attempts on the part of the Election Commission to publicise voting facilities for the disabled. There is no information on radio or media. However, kudos to the EC Delhi to finally make their website accessible to visually impaired. Sadly, EC’s website is still inaccessible.”

Despite the heavy odds, some PwD voters remained determined to cast their vote. Virender Kalra, a bank manager and a resident of Subhash Nagar, was one of them. When he found there was no ramp for his wheelchair to climb on, he got two persons to lift him and take him inside the polling booth. “I was determined to vote and did so to play my role in ensuring a healthy democracy,” he said.


Delhi Elections 2013: Delhi not for Disabled Voters

To,
Chief Election Officer, Delhi

Sub: Complaint to Chief Election Officer (Delhi) & Commissioner, Disabilities on violation of rights of disabled voters to vote.

Dear Sir,

Many of the persons with disabilities were unable to vote today because of inaccessible polling booths.

1-The polling booth at SC/ST training centre outside GTB Hospital, Dilshad Garden, Shahadra didnot have ramp or braille signage facility as per one of my student who casted his vote.

2-As per Abha Khetarpal, wheelchair user and President 'Cross the Hurdles':
"Polling booth number A 28 Subhash Nagar...where I had to cast my vote, has no ramps for wheelchair and no Braille stickers.....Polling booths number 11, 12,13, 14 in Rajokri have no ramps and Braille stickers....Polling booth 13 in Rajokri has 7 stairs...So in this politics of vote bank, polling stations are inaccessible....How can it be called government for the people, by the people and for the people....If we report this to media they want ''proof'' of this with pictures....But taking pictures is not allowed.....A disabled system indeed!!"
3-Shivani Gupta, another wheelchair user and President 'AccessAbility' was not able to vote because of inaccessibility! 

4-Though I appreciate EC Delhi on making their website accessible but Election Commission of India's website is still inaccessible and which is a shame. (http://eci.nic.in/eci/eci.html) Despite repeated orders from PMO, NIC guidelines, Chief Commissioner of Persons with disabilities order the government website is inaccessible.

5-The polling booth  of Mundka (Nitholi) in North West Delhi looks inaccessible. Please find attached the photo taken from screenshot of live webcast of poll where it can be seen that a wheelchair users can not reach the polling table.

6-Despite Supreme Court orders, publicity was not given to inform disabled voters about accessible booth either on radio or newspapers.

7-Please find attached coverage in yesterday's 'Hindustan' on problems facing disabled voters.

8- I am marking the complaint to Chief Commissioner of Persons with disabilities and State Commissioner of person with Disabilities, Delhi, to take strict and appropriate action as disabled voters were deprived of their voting rights. I also declare, I am a person with disability myself. I am copying the mail to disabled voters mentioned above.

with regards
Dr Satendra Singh (4th Dec 2013, 2.53pm)




5th December 2013's 'The Hindu', 'Times of India' and 'Statesman' have also covered stories on the same issue.

Also read:

Delhi Elections 2013: Disabled voters rip apart system on web (Coverage of above issue in TOI)

Raw deal for physically challenged voters (Coverage of above issue in Statesman)

Not a disabled friendly electoral system (Coverage of above in Hindu)