Outrage builds over Union Minister Babul Supriyo's shocking behaviour towards disabled person

Union Minister Babul Supriyo is known for his abrasive statements. But this time he has gone too far.

At an event in Asansol in West Bengal held to distribute wheelchairs and other assistive devices to people with disabilities, Supriyo lost his temper and issued a shocking threat to someone present at the function. The minister apparently got angry because the man was shifting in his chair.

In a video that has been widely shared, Supriyo can be seen telling the man - "What happened to you? Any problem? I can break one of your legs and can give you a crutch."

The minister then went on to order his security men to break the man's leg and hand him a crutch if he moved again. He even asked the audience to applaud for the man.

The behaviour has been condemned strongly by leading disability rights activist, Dr Satendra Singh, who points out that this is not the first minister in the present government to issues such threats against people with disabilities.

The Modi govt has passed this landmark legislation however its ministers continues to flaunt the legislation. A day after the implementation of RPWD Act, Uttar Pradesh cabinet minister Satyadev Pachauri insulted a disabled employee in Lucknow in which I filed the first ever complaint under the new disability act. Now its Babul Supriyo. The government needs to walk the talk and they should take action against the erring minister if they really believe in sabka saath, sabka vikas. - Dr Satendra Singh, Disability rights activist

The behaviour has attracted angry reactions on social media as well. One person tweeted: "A sitting BJP MP threatens extreme violence on a vulnerable person why is he not ARRESTED @BJP4India." Another person said, "He should be Govt's Recovery Agent, breaking people legs and recovering the loan amount from them."

What is worse is the total lack of regret shown by the Union Minister, who described it as "light-hearted humour".

Source: Newzhook 

Disabled student has to be carried up the stairs every day as this Himachal medical college has no ramps

Rohit Prasad had always dreamed of studying medicine, an ambition his parents encourage him to pursue regardless of the fact that he has muscular dystrophy and uses a wheelchair.

That goal saw him achieve good results in school as well as the medical entrance exams. But for Rohit, clearing the medical entrance exam was a small hurdle, compared to what he goes through every day at the Government Medical College (GMC) in Nahan, Himachal Pradesh.

The college is inaccessible, and Rohit has to be lifted along with his wheelchair on the steps. His mother says she has to appeal to the visitors at the hospital to help her lift her son.

A humiliating experience that he is being subject to as the college has chosen to flout Medical Council of India guidelines, the RPWD Act, 2016 and those of the Himachal Pradesh government.

My son sometimes cries and says he does not want to study like this. It bothers me, but I am determined that he not give up on his dreams. He has been a bright student all throughout. – Kiran Prasad

For Rohit, this apathy is not a one-off experience. He first got admission into the Government Medical College, Chandigarh, but when college authorities found out that he was disabled, they turned him down. “They asked me ‘how can your son study medicine when he is like this”, says Mrs. Prasad.

Rohit did not give up and was granted admission at GMC Nahan. Here too, he got similar reactions. But Rohit’s family is determined not to back down in the face of such callousness.

They have approached well-known disability rights activist Dr Satendra Singh for help. As Rohit’s mother puts it, “this is not a fight for my son alone but for all disabled students who want to study medicine”.

Dr Singh, who has been at the forefront of fighting for the rights of disabled students to study medicine, has taken the matter up with senior authorities in the Himachal Pradesh government as well as the MCI. He had petitioned the MCI in 2014 asking for all medical colleges be made accessible.

Dr. Singh says that despite the provisions of the RPWD Act 2016, a majority of leading medical colleges are not making any serious efforts to ensure their campuses are accessible.

“I wrote to the All India Institute of Medical Sciences (AIIMS) in New Delhi and the Post Graduate Institute of Medical Sciences (PGIMS) in Chandigarh about making their buildings accessible.. AIIMS responded saying this was a 'daunting task'!”.

The problem, he believes, lies in the fact that rules under the RPWD Act 2016 have not been framed in many states.

“Besides, accessibility in India not been understood. The onus has been put on individuals and that is not going to work. It has to come on the government. We also have to ensure we have trained access auditors, which is a serious lack.”

In the bargain, sincere, committed students like Rohit are being subject to daily humiliations, a violation of basic rights granted under the Constitution.

Source: Newzhook dated 23 Sept 2018

Student With Disability Carried up Stairs in Himachal Medical College Without Ramps

New Delhi: For the last two months or so, Chandigarh resident Rohit Kumar has been struggling to attend MBBS classes at the medical college in Nahan, Himachal Pradesh. He was admitted to the college earlier this year after securing the 181st rank under the ‘physical handicap’ quota in the all-India medical entrance examination, but the campus isn’t wheelchair-friendly. In the absence of a ramp, volunteers have to lift him up and down the staircases of the multi-level college building.

Though Kumar’s father, B.N. Prasad, had raised the issue with the state health minister Vipin Parmar when he recently visited his residence in Sirmaur district, where the college is also located, the only assurance he received was that the college would make necessary changes to the stairs.

Rights activist lodges complaint with MCI, concerned officials
Disability rights activists, who have been fighting for the need to make all such medical institutions friendly to persons with disabilities, see the Nahan medical college as a clear cut violation of the Medical Council of India’s (MCI’s) guidelines to make all the medical colleges disability-friendly.

In view of Kumar’s situation, associate professor of physiology and co-founder of the Medial Humanities Group at University College of Medical Sciences, Delhi, Satendra Singh, has complained to the president of MCI, additional chief secretary (social justice and empowerment) of Himachal Pradesh and director and deputy director of empowerment of SC’s, OBC’s, minorities affairs and the specially-abled (ESOMSA) of the state government about how the medical student’s case also highlighted violations of the Rights of Persons with Disabilities Act 2016.

Singh recalled in the complaint that it was on his petition in the court of chief commissioner for persons with disabilities and later with the National Human Rights Commission that the MCI had directed all medical institutions in the country to become disabled-friendly and also instructed them to submit a compliance report.

He said following the petitions, the MCI had revised the standard assessment form and thereby fixed the accountability of accessibility of the medical institution on to the dean or principal.

Furthermore, he said, the Centre had enacted the Rights of Persons with Disabilities (RPwD) Act 2016 to give effect to the United Nations Convention on the Rights of Persons with Disabilities, which lays certain principles for empowerment of persons with disabilities. These principles call for “respect for inherent dignity, independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; and equality.”

Singh said it was also notable that the director of ESOMSA in Himachal Pradesh had on May 5, 2017 issued directions for the implementation of provisions of the RPwD Act in letter and spirit. Also, he said, the governor had on July 20 this year appointed a deputy director (welfare) of ESOMSA as the grievance redressal officer.

`Nahan medical college did not comply with directions’

But despite all of these legislations and mandatory orders being in place, Singh lamented that the Dr. Yashwant Singh Parmar Government Medical College, Nahan, remains disability-unfriendly and has failed to provide necessary accessibility to persons with disabilities.

Stating that the fact that Kumar had to be physically lifted in the medical college every time he goes there to attend his MBBS classes amounts to “humiliation”, he charged that the lack of accessibility at the college showed that the administration had flouted the MCI norms as well as provisions of RPwD Act and the state government’s directives.

“The Principal of Government Medical College, Nahan also happens to be Director, Medical Education & Research of Government of Himachal Pradesh. In both these capacities she has flouted the law and government order. As per the MCI Standard Assessment Form, it is the responsibility of the Principal to comply with the Disability Act,” said the disability rights activist.

MCI urged to pull up principal for dereliction

Singh also urged the MCI president to take strict view of this violation and seek explanation from the principal and direct her to make the campus accessible by providing at the earliest all reasonable provisions as laid down under the RPwD Act.

He also appealed to the state government, ESOMSA and the grievance redressal officer to consider his complaint under Section 20 of the RPwD Act for investigation and take up the matter with the establishment for corrective action within two weeks as prescribed in the Act.

Singh also sought strict action under Section 89 and 92 of the Act and the imposition of a financial penalty and imprisonment, as deemed fit and provided in the Act, since this was a case where a person with disability was being forced to undergo humiliation because of lack of accessibility, which is his right.

Kumar’s father concerned about son’s well-being

Meanwhile, Kumar’s father has also been raising the issue of the difficulties faced by both his son and the volunteers and attendants when they have to physically lift him from one floor to the other in the college. Prasad said he has written letters to the prime minister, chief minister and also the college management to seek their intervention for urgently making necessary provisions for ensuring the smooth movement of his son around the medical college.

He has also pointed out that even after Kumar got admission in the college, necessary arrangements for making it accessible have not been provided. Kumar is also not able to avail of the hostel because of similar shortcomings.

He has pointed out that at least four people are required to lift Kumar each time and this is as perilous for them as the medical student. Kumar uses a wheelchair to move around as his muscles have been becoming weak due to muscular dystrophy.

Source: The Wire dated 23 Sept 2018

RPWD Bill in Lok Sabha: Bill passed but activists term disability bill a 'skeptical Act'

Rights of Persons with Disabilities Bill, 2014

Introduction: 7 Feb, 2014
Com. Ref.: 16 Sept 2014
Com. Rep.: 7 May, 2015
Rajya Sabha: 14 Dec 2016 (Passed)
Lok Sabha: 16 Dec 2016 (Passed)

Activists term disability bill a 'skeptical Act'

TIMES OF INDIA, Delhi, 16 Dec

NEW DELHI: Even as the Rights of Persons with Disabilities Bill 2016 got the approval of Lok Sabha on Friday and Rajya Sabha on Wednesday, disability rights' groups and activists punched holes into the new Act on Friday. While welcoming the passing of the bill, the process which started in 2007, they say that many provisions of the bill will "inculcate exclusion," and that "this Act will be more of obstacles rather than implementation." Activists are also concerned with the bill not specifying any provisions for women and children with disabilities, who are among the most vulnerable groups of the society. 

Concerned over the passing of the bill without any discussion in the Upper House of the Indian Parliament, Sambhavana Organization, a disability rights' NGO said that due to this "the Bill has been passed with many inadequacies and unresolved issues," many of which they claim were part of the previous draft bills "which have been omitted or diluted in the present one." 

"We feel happy with the passing of the Bill, but are concerned over the fact that there has been no discussion on it in the Rajya Sabha. This means the issue of disability is not a priority for the policy makers," said Nikhil Jain, president, Sambhavana. 

While the categories of disabilities have increased threefold, from seven to 21, the amended bill provides only 4% reservation for Persons with Disabilities (PwDs) which has been 3% so far. The rights' groups and activists were demanding retention of at least 5%. "Reservation in jobs, once proposed to be enhanced from 3% (1995 Act) to 5% (2014), has now been restricted to 4%," said disability right's activist, Dr Satendra Singh. 

Stating that the United Nations Convention on the Rights of Persons with Disabilities, which India is a signatory envisage "no policies without the PwDs in its ambit," Pankaj Sinha, a disability rights activist said that the rights of the disabled have been curtailed by the new Bill. 

"The amendments have been in waiting since 2007 and drafts of many committees rejected. The previous government also tried to pass an ordinance after the Sudha Kaul committee report was not accepted. The present government without putting the draft in public domain passed it," said Sinha. 

Stating that the Bill leaves a lot of lacunas for violators to get scot free, activists said that need of the hour has been more teeth for punitive action. "Another amendment drops imprisonment (two months to six months) for violation. There is only a fine of Rs 10,000 to Rs 5 lakh," added Singh. 

Another major concern has been regarding the rights of women and children with disabilities. "There is a special mention about rights of women and children with disabilities, but nothing specific has been stated. There is no legal provision for women with disabilities in marriage or divorce laws, where we need more clarity because they suffer the most. As far as children with disabilities are concerned there is also a special mention, but we need to clarity on how they are treated in institutions and inclusive education for them. In adoption laws too children with disabilities are left out. We need more specific provisions regarding adoption of children with disabilities," said Abha Khetarpal, president, Cross for Hurdles. 

Subhash Chandra Vashishth, advocate, disability rights, Centre for Accessibility in Built Environment, also highlighted the dilution in the amendments such as how Section 3 (3) allows "discrimination against disabled person if it is 'a proportionate means of achieving a legitimate aim.' This clause leaves 'legitimate aim' open to the subjective interpretation of bureaucracy. 

According to Singh, "Only remarkable part of a skeptical Act is inclusion of autism, dyslexia, deaf-blindness and other impairments." 

The Blind Workers Union too claimed that the main problems faced by the disabled community have not been addressed. The union in a statement said, "The Bill continues to lack any serious engagement on the question of protecting the labour and economic rights of disabled persons employed in the private sector."
Source: Times of India, 16 Dec 2016

RPWD Bill in Rajya Sabha: Bill passed, New conditions, revised quota and a few concerns

Know your Rights of Persons with Disabilities Bill, 2014

Introduction: 7 Feb, 2014
Com. Ref.: 16 Sept 2014
Com. Rep.: 7 May, 2015
Rajya Sabha: 14 Dec 2016

Disabilities Bill passed in Rajya Sabha: New conditions, revised quota and a few concerns

The Rights of Persons with Disabilities Bill 2014, which was introduced in Rajya Sabha in 2014, was cleared Thursday with 119 amendments moved by union Minister for Social Justice and Empowerment Thawar Chand Gehlot. The legislation, drafted to make Indian laws compliant with the UN Convention on Rights of Persons with Disabilities, will replace the Persons with Disabilities Act 1995. The number of disabilities listed rises from seven in the 1995 Act through 19 in the 2014 bill to 21 after the amendments, including acid attack and Parkinson’s disease.

The bill sets the government a two-year deadline to ensure persons with disability get barrier-free access in all kinds of physical infrastructure and transport systems. It recognises the need for reservation for them in promotion and makes special mention of the rights of disabled women and children. It defines many terms vague in previous versions, including what constitutes discrimination.

While disability rights activists have welcomed the amendments, they are upset about section 3(3) allowing discrimination against a disabled person if it is “a proportionate means of achieving a legitimate aim”. Prasanna Kumar Pincha, till date the only disabled person appointed Chief Commissioner for Persons with Disabilities, welcomed the bill but said this clause leaves “legitimate aim” open to the subjective interpretation of the bureaucracy.

Also, reservation in jobs, once proposed to be enhanced from 3 per cent (1995 Act) to 5 per cent (2014), has now been restricted to 4 per cent. CPM MPs Sitaram Yechury, K K Ragesh and C P Narayanan moved amendments to rectify the discrimination and reservation clauses. Gehlot assured clauses will be inserted when rules are framed to ensure the discrimination clause is not misused. “Why is there a hesitation to address this concern regarding discrimination in the parent act itself?” Pincha said.

“The bill is definitely a stride forward from the 2014 bill,” said advocate S K Rungta, convener of the All India Disability Alliance. He felt there was no need for the bill to dilute the fundamental right to equality as the Supreme Court has often recognised “reasonable classification”. “For example, a blind person cannot be employed in the military. It clearly does not constitute discrimination.”

Another sore point with activists is a provision for a Chief Commissioner of Disabilities instead of National Commission proposed in 2014. The chief commissioner has only recommending powers and there is no provision to ensure he or she too is a disabled person. “Every commission — minorities, women, SCs or STs — has a chairperson from the same category,” said disability rights activist Dr Satendra Singh. Another amendment drops imprisonment (two months to six years) for violation. There is only a fine: Rs 10,000 to Rs 5 lakh.

Source: Indian Express 15th Dec 2016

RPWD Bill amendments: what they are, what they will do?

Know your Rights of Persons with Disabilities Bill, 2014

Introduction: 7 Feb, 2014
Com. Ref.: 16 Sept 2014
Com. Rep.: 7 May, 2015

The amendments to Disability Bill: what they are, what they will do?

What is the Disability Bill about?

The government will bring 119 amendments to the Rights of Persons with Disabilities Bill, 2014. The legislation has been pending in Rajya Sabha since February 2014; the term of the UPA government ended soon after it was introduced. The draft legislation is based on the 2010 report of the Ministry of Social Justice and Empowerment’s expert Sudha Kaul Committee, and will replace the Persons with Disabilities Act, 1995. The Bill is being brought to comply with the UN Convention on Rights of Persons with Disabilities, to which India became a signatory in 2007.

The 1995 Act recognised 7 disabilities — blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation and mental illness. The 2014 Bill expanded the definition of disability to cover 19 conditions, including cerebral palsy, haemophilia, multiple sclerosis, autism and thalassaemia among others. The Bill also allowed the central government to notify any other condition as a disability.

The 2011 Census put the number of disabled in India at 2.68 crore, or 2.21% of the population. This a gross underestimation, especially in the light of the proposed amendments, which greatly widen the current Census definition of disability. The Bill makes a larger number of people eligible for rights and entitlements by reason of their disability, and for welfare schemes and reservations in government jobs and education.

What changes have been proposed to the 2014 Bill?

The amended version recognises two other disabilities — resulting from acid attacks and Parkinson’s Disease — taking the number of recognised conditions to 21, and defines each one of them. It makes a special mention of the needs of women and children with disabilities, and lays down specific provisions on the guardianship of mentally ill persons. “The amendments include private firms in the definition of ‘establishments’, which previously referred to only government bodies. All such establishments have to ensure that persons with disabilities are provided with barrier-free access in buildings, transport systems and all kinds of public infrastructure, and are not discriminated against in matters of employment,” said an official from the Ministry of Social Justice.

All these are progressive amendments. Are there any obvious negatives?

The amendments, if passed in their present form, will dilute safeguards provided in the originally proposed Bill. The 1995 law had 3% reservation for the disabled in higher education institutions and government jobs — 1% each for physically, hearing and visually impaired persons. The 2014 Bill raised the ceiling to 5%, adding 1% each for mental illnesses and multiple disabilities. The proposed amendments cut the quota to 4%.

“When a greater number of disabilities are being brought under the purview of the Act, the percentage of reservation should go up proportionately, “ said Muralidharan, secretary, National Platform for the Rights of the Disabled.

The proposed amendments do away with the provision in the 2014 Bill for strong National and State Commissions for Persons with Disabilities, with powers on a par with a civil court. They instead continue with the status quo of having only a Chief Commissioner with far fewer powers.

“Several favourable orders given by the Chief Commissioner have been quashed by the courts on the ground that the Commissioner has no powers and is only a quasi-judicial body,” said disability rights activist Dr Satendra Singh. He added that while the proposed amendments rightly recognise a wider range of disabilities, they fail to specify the degree of disability for thalassaemia, learning disabilities or autism. “Moreover, in India there are no suitable tools to quantify autism or learning disabilities,” Dr Singh said.

What if the disability law is violated?

While the existing (1995) Act has no penal provision, the 2014 version made violation of any provision of the Act punishable with a jail term of up to 6 months, and/or a fine of Rs 10,000. Subsequent violations could attract a jail term of up to 2 years and/or a fine of Rs 50,000 to Rs 5 lakh. The amended Bill, however, proposes to remove the jail term entirely, and only keep fines for breaking the law or discriminating against persons with disabilities.

Will the amended law help eliminate discrimination against persons with disabilities?

The proposed amended law defines discrimination as “any distinction, exclusion, restriction on the basis of disability” which impairs or nullifies the exercise on an equal basis of rights in the “political, social, cultural, civil or any other field”. However, it condones such discrimination if “it is shown that the impugned act or omission is a proportionate means of achieving legitimate aim”. Disability rights activists see this rider as paving the way for extreme interpretations.

“The excuse given by the government is that we will cry discrimination if we are denied certain jobs like, say, that of a pilot. However, every job has certain basic requirements, and no person with disability will apply for it unless he or she meets the criteria,” said Muralidharan. CPM MPs K K Ragesh and C P Narayanan are set to move amendments to the Bill asking for this provision to be deleted, and for retaining only the clause, “No person with disability shall be discriminated on the grounds of disability”.

As reported in Indian Express on 13th Dec 2016

New Disability Law Intensive Program at Osgoode

York University’s Osgoode Hall Law School, which has been a leader in “law in action” for several decades, has approved the creation of a new experiential education program to assist law students in understanding the issues of people with disabilities. 

The Disability Law Intensive Program, the first of its kind in Canada, will provide second and third-year Osgoode Juris Doctor (JD) students with a unique opportunity to learn about a vast scope of law that mostly affects people with disabilities.

In partnership with ARCH Disability Law Centre, a specialty community legal aid clinic dedicated to defending and advancing the equality rights of people with disabilities in Ontario, the students will engage in the practice of disability law through involvement in individual client advocacy and systemic policy-based advocacy.

Starting next September, up to 12 students will participate in the program throughout the 2013-14 academic year. A skills training week will be held in August at ARCH after which the students will begin their clinical placement. Every two weeks throughout the academic year, the students will participate in an academic seminar at Osgoode and they will also be required to complete a major research paper as part of the 15-credit program.

“The Disability Law Intensive Program is a wonderful opportunity for Osgoode, and its students, to make a positive difference within the disability community,” said Osgoode Dean Lorne Sossin. “We are grateful for collaborative partnerships with organizations such as ARCH because they expose our students to law in action.”

The program, which was approved by Osgoode Faculty Council on the International Day of Disabled Persons (December 3, 2012), will be co-directed in 2013-14 by Osgoode Professor Roxanne Mykitiuk, an internationally recognized expert in disability rights, and Marian MacGregor, an adjunct faculty member and director of Osgoode’s Community and Legal Aid Services Program (CLASP). 

MacGregor was awarded a Community Leadership in Justice Fellowship in 2011 from the Law Foundation of Ontario that allowed her to take an eight-month leave of absence from CLASP to help develop the Disability Law Intensive Program.
"The impact of disability, often combined with poverty, can create serious access to justice barriers," said MacGregor, who has practised extensively in the area of poverty law. "This new program will produce lawyers who are better equipped to meet the distinct needs of clients with disabilities, as well as involve students in the systemic change that needs to take place."

Mykitiuk added that the Disability Law Intensive Program, which was designed with student consultation and input, will provide a first-hand opportunity to see “how law applies in concrete ways to people, problems and issues and how the practice of law can be very different than the study of law.” 

The Disability Law Intensive Program is the latest in a growing number of clinical and intensive programs that form part of Osgoode Hall Law School’s celebrated experiential education offerings. 

Osgoode is the first law school in Canada to introduce an experiential education requirement – referred to as a “praxicum” – into its JD curriculum. Commencing with the Class of 2015, which arrived in September 2012, every Osgoode JD student will be exposed to law in action through an experiential course or program as part of their legal education. 

In addition, Osgoode has opened an Office of Experiential Education to serve as a catalyst for the development of new courses, programs and clinics, and provide support to the faculty, students and staff. 

Source: yFile