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 

An Open Letter to Major General G.D. Bakshi

An Open Letter to Major General G.D. Bakshi

We disabled persons and their representative organisations are aghast at the deplorable manner in which a decorated soldier like you conducted himself on a TV show.

While you were participating in a discussion on a news channel, consequent to the Supreme Court order of January 9 disposing off a petition in the matter of our national anthem, you sought to cast aspersions on, or rather doubt the patriotism of a disabled person, Arman Ali, who is a wheelchair user and a disability rights activist. You not only made a brutish attempt to shout him down but also asked him whether he can prove his patriotism by keeping his hand on his heart while the anthem is played. We are clueless of who has prescribed this new form of display of one’s patriotism and love for the nation? Sadly, you were not even willing to listen to his point of view.

With all respect to the army/military, serving and ex-soldiers, their courage, valour, sacrifice and service, such uncalled for shouting against and humiliation of a disabled person cannot be tolerated, least of all from a person who had acquired such a high position in the army. Such contempt for a fellow citizen from an ex-soldier unfortunately shatters our faith in the very institution you were part of.

You would be informed that the Supreme Court while modifying its earlier order and not making the playing of the national anthem at cinema halls before the commencement of a movie mandatory has held that its order granting exemption to certain categories of disabled persons from standing up/being attentive while the national anthem is being played, stays.

This intentional shaming of a disabled person, you will appreciate, is a violation of the Rights of Persons with Disabilities Act, 2016. Section 92 says:

Whoever -

“intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view …. Shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years with fine.”

Given the fact that there are many misgivings/misconceptions surrounding disability it would be in the fitness of things if you would be receptive to the idea of being sensitised on the diversity of disability. There are things that a person with a certain kind of disability would be able to do perform while another with the same disability or a different disability would not be able to perform. This doesn’t arise because of the lack of any desire to perform any given act, let alone insult.

We strongly feel that the least that should be forthcoming from you is an apology.

Signatory Organisations

1. National Platform for the Rights of the Disabled
2. Delhi Viklang Adhikar Manch
3. Differently-Abled Welfare Federation, Kerala
4. Gujarat Viklang Adhikar Manch
5. Haryana Viklang Adhikar Manch
6. Jharkhand Viklang Morcha
7. Karnataka Rajya Angavikalara Mattu Palakara Okkota
8. Lakshadweep Disabled Association
9. Platform for Rights of Disabled, Odisha
10. Tamilnadu Assn for the Rights of All Types of Differently-Abled & Caregivers
11. Tripura Rajya Prathibandi Sammelani
12. Paschim Banga Rajya Prathibandhi Sammelani, West Bengal
13. Vikalangula Hakkula Jathiya Vedika, Andhra Pradesh
14. Vikalangula Hakkula Jathiya Vedika, Telangana
15. All Kerala Association of the Deaf, Kerala
16. Yes We Can, Delhi
17. Kilikili, Chennai
18. Vidya Sagar, Chennai
19. Disability Rights Alliance India
20. Disability Rights Association, Goa
21. Federation of Disability Rights, Delhi
22. DORAI Foundation, Chennai
23. All India December 3 Movement
24. Together We Can, Ernakulam
25. SICHREM, Bengaluru
26. Friends For Inclusion, Bengaluru, Karnataka
27. Diversity & Equal Opportunity Centre, Bengaluru
28. Sense International, India
29. Sishu Sarothi, Guwahati
30. Umang Foundation, Shimla
31. Shanta Memorial Rehabilitation Centre, Bhubaneswar 
32. Sruti Disability Rights Centre, Kolkata
33. DAF, Kolkata
34. Ankur Advocacy Group IICP, Kolkata
35. Varta Trust, Kolkata
36. Civilian Welfare Foundation
37. North East Network
38. Rashtriya Viklang Kalyan Sanstha , Nagpur , Maharashtra
39. National Alliance of People's Movements (NAPM) 

Activists

1. Vaishnavi Jayakumar, Chennai
2. Dr. Satendra Singh, Delhi
3. Subhash Chandra Vashishth, Advocate, Supreme Court of India
4. L. Subramani, Snr. Subeditor, Deccan Herald, Bangalore
5. Kunal Shankar, Frontline, Hyderabad
6. Anil Joshi, Delhi
7. Dr. Deshraj, Delhi
8. Russel Aziz, Kolkata
9. Jeeja Ghosh, Kolkata
10. Smitha Sivadasan, Chennai
11. Sonu Bhola, Delhi
12. Nandini Ghosh, Kolkata
13. Mohammad Faisal Nawaz, Delhi
14. Bubai Bag, Kolkata
15. Sunder VS
16. Tina Chaudhury Khanna, Delhi
17. Neetu Singh, Delhi
18. Shakeel Qureshi, Delhi
19. Kaushik Sengupta, Kolkata
20. Seema Lal, Ernakulam
21. Mangal Hazra
22. Porkodi Palaniappan, Chennai
23. Tony Kurien, Mumbai
24. Shilpaa Anand, Maulana Azad National Urdu University, Hyderabad
25. Radhika Alkazi, New Delhi
26. Pawan Muntha, Hyderabad
27. Gautam Chaudhury, Kolkata
28. Indraneel Dasgupta, Professor, Economic Research Unit, Indian Statistical Institute, Kolkata
29. L Jagannath, Mysuru
30. Sameer Chaturvedi
31. Amarjit Singh Anand, Punjab
32. Seema Baquer, Delhi
33. Uma V Chandru, Bengaluru
34. Rajiv Sah, Delhi
35. Jomi John Joseph, Kerala
36. Lovely Grover
37. Neetu Singh, Delhi
38. Arpuda Rajan, KSDCF, Bangalore
39. Nilesh Singit, Mumbai
40. Bhushan Punani, Ahmedabad
41. Meenakshi Balasubramanian, Chennai
42. Pavan Muntha, Hyderabad
43. Kamayani Bali Mahabal, Mumbai 
44. Shikha Aleya
45. Sayyed Mohammed Raza Hasani
46. Subhash Chandran, Advocate, Supreme Court of India
47. Sayan Bhattacharya, Kolkata
48. Panchali Ray, Kolkata
49. Uma Chakravarti, New Delhi
50. Meena Saraswathi Seshu, SANGRAM, Sangli
51. Prof. Ritu Dewan, Mumbai
52. Pamela Philipose, Journalist
53. Hasina Khan
54. Nisha Biswas, Kolkata
55. Mary E John, New Delhi
56. Abha Bhaiya 
57. Rohini Hensman
58. Bittu, WSS
59. Masooma Ranalvi, We Speak Out 
60. Susie Tharu
61. Nivedita Menon, JNU
62. Rimple Mehta, TISS,
63. Runu Chakraborty
64. Chhaya Datar
65. Pawan Dhall, gender and sexuality activist
66. Vandana Mahajan
67. Rakhi Sehgal
68. Dyuti, Socio-Legal Researcher, Activist, Delhi 
69. Nandini Rao, Activist, New Delhi
70. Priyanka De, Presidency University, Kolkata
71. Amrita Nandy
72. Dyuti, Socio legal researcher, Delhi
73. Anita Dixit
74. Kiran Shaheen
75. Sudarshana Chakraborty, Journalist
76. Japleen Pasricha, Feminism In India
77. Saswati Ghosh, Academic & Activist
78. Snigdha Chakraborty, Kolkata
79. Warma Telang
80. Kavita Srivastava, PUCL
81. Radha kant saxena, PUCL
82. Anant Bhatnagar, PUCL
83. Dipa Sinha, Right to Food Campaign
84. Anjali Bharadwaj, Satark Nagrik Sangathan
85. Amrita, Satark Nagrik Sangathan
86. Aditya Shrivastava, Right to Food Campaign
87. Aysha, Right to Food Campaign
88. Ankita Aggarwal, Right to Food Campaign

UP Minister Could Become First to Be Tried Under New Disability Law

A complaint against a minister in the Adityanath government in Uttar Pradesh, who had publicly ridiculed a disabled employee during a surprise visit to an office in Lucknow, could become the first to be covered by the new disability law, which came into effect on Thursday (April 20).

Delhi-based disability rights activist Satendra Singh filed the case under Section 92(a) of the Rights of Persons with Disabilities Act, 2016:

  “...whoever intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view” shall be “punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine”.

Singh also pointed out that the incident occurred in Lucknow in the same month when a person with disability was elected president in another country. Lenin Moreno, who is a wheelchair user, was elected president of Ecuador on April 2. 

Read the full report at The Wire here.

Another report by TOI

New Disability Law: Doctor files case against UP Minister

NEW DELHI: A Delhi University doctor associated with the University College of Medical Science (UCMS) on Thursday filed the first case under the new disability law against Uttar Pradesh minister of khadi and village industries, Satyadev Pachauri for publicly ridiculing a disabled employee.

Dr Satendra Singh lodged a complaint with the state commissioner for persons with disabilities in Lucknow, under Section 92 (a) of the Rights of Persons with Disability Act 2016. In his complaint, Singh, a disability rights activist, alleged that Pachauri humiliated a Class IV employee during his visit to an office in Lucknow on April 19.    

 

According to Singh, "Section 92 (a) of the Disability Act states that anyone who intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years with fine."
In his complaint, Singh attached five media reports, including visual links from private news channels about the incident. "The minister ridiculed the entire (disabled) community, and as a disabled person and a resident of Uttar Pradesh, I am pursuing this case," said Singh.

On whether action can be taken on the minister under the new disability law, Singh didn't sound too optimistic. "As I said earlier, we will have to see what this new law has to offer. We all know it's a paper tiger," he added.

Pachauri, during his visit to the Khadi and Village Industries Board office in Lucknow on April 19 found that over one-third of the employees were absent. After ordering a day's salary cut, he started counting the number of staffers present.

While taking count of the employees, he questioned a disabled Class IV staff whether he was a permanent employee. When the disabled employee told Pachauri that he was a contractual staffer, the minister turned towards the chief executive officer and said: "Lulay langdon ko samvida par rakh liya hai, yeh kya kaam karega." (You have kept those suffering from disability of the limbs on contract, what work will he do).

Times of India: 23 April 2017

'दिव्यांगों के अधिकार' से जुडे़ कानून के नियमों पर विवाद

पीएम नरेंद्र मोदी ने दिव्यांगों को उनका सम्मान और गरिमा देने के मकसद से संसद के पिछले शीतकालीन सत्र में आनन फानन में 'दिव्यांगों के अधिकार' से जुड़ा बिल पास करा कर उसके कानून की शक्ल तो दे दी, लेकिन जब उसकी कानून के नियमों को बनाने की बात आई तो उसमें ऐसे नियमों काे रखा जा रहा है, जो दिव्यांगों की मदद करने की बजाय उनके लिए अवरोध की वजह बन सकते हैं। जिसे लेकर दिव्यांगों से जुड़े तमाम स्टेक होल्डर्स के बीच से विरोध हो रहा है। हालांकि, विरोध के बाद हाल ही में इसके एक नियम में बदलाव किया।

उल्लेखनीय है कि गत 10 मार्च को सरकार ने इस कानून से जुडे़ नियमों का ड्राफ्ट पब्लिक डोमेन में डालकर आम जनता व स्टेक होल्डर्स के बीच रायशुमारी की कवायद की। एक महीने के भीतर लोगों को अपनी राय देनी थी। लेकिन इन नियमों के ड्राफ्ट को लेकर कई पक्षों से विरोध व आपत्तियां सामने आने लगीं। इन ड्राफ्ट में जिन तीन मुद्दों पर खासा विरोध और विवाद है, वह कानून की नियम 3(3) को लेकर है, जो दिव्यांगों के साथ होने वाले भेदभाव से जुड़ा है।

अधिकार से जुडा़ कानून कहता है कि किसी भी दिव्यांग के साथ दिव्यांगता को लेकर भेदभाव नहीं किया जा सकता, लेकिन इस धारा में कहा गया है कि कानूनी या उचित मकसद का हवाला देकर दिव्यांग काे किसी अधिकार या सुविधा से मना भी किया जा सकता है। नियमों में जुड़े ड्राफ्ट में इस धारा में सिर्फ सरकार को शामिल किया गया था, जबकि प्राइवेट को इससे बाहर रखा गया था। इसी मुद्दे को लेकर स्टेक होल्डर्स की ओर से खासा विरोध हुआ। उनका कहना था कि यह दिव्यांगों के साथ भेदभाव या सुविधा से जुड़ा मुद्दा सिर्फ सरकार से जुड़ा ही नहीं होना चाहिए, प्राइवेट संस्थानों में इसे लागू होना चाहिए। दरअसल, स्टेक होल्डर्स का मानना है कि इससे कहीं न कहीं प्राइवेट पक्षों को बचने का रास्ता मिलता है।

उल्लेखनीय है कि इस कानून के बनने के बाद सामाजिक अधिकारिता मंत्रालय ने कानून के नियमों को बनाने के लिए मंत्रालय के सीनियर अधिकारी की अध्यक्षता में एक चार सदस्यीय कमिटी का गठन किया था। इसी कमिटी ने ने कानून से नियमों का ड्राफ्ट तैयार किया। जिसे रायशुमारी के लिए पब्लिक डोमेन में डाला गया था। सूत्रों के मुताबिक, इसके नियम 3(3) को लेकर सामने आए विरोध व विवाद के बाद कमिटि ने इसमें बदलाव करते हुए इस नियम में प्राइवेट संस्थानों को शामिल कर लिया। गुरुवार को कमिटि की हुई मीटिंग में यह फैसला लिया गया।

इस नियमों में पक्षकारों और दिव्यांगों के अधकारों के लिए काम कर रही संस्थाओं की आपत्ति दिव्यांगों की सहज पहुंच या एक्सेसिबिलिटी से जुड़े नियम को लेकर भी है। नियम में कहा गया है कि किसी भी बिल्डिंग को बनाते समय दिव्यांगों की सुविधा का ख्याल रखते समय बिल्डिंग बाइलाॅज की गाइडलाइन काे आधार माना जाए। जबकि दिव्यांगों के लिए काम कर रहे लोगों को कहना है कि बिल्डिंग बाइलाॅज की गाइडलाइन नैशनल बिल्डिंग कोड के स्टैंडर्ड को माना जाए। इन लोगों का तर्क है कि हर राज्य में बिल्डिंग बाइलाॅज अलग-अलग हो सकते हैं, लेकिन नैशनल बिल्डिंग कोड एक ही होगा। इस बारे में जीटीबी हॉस्पिटल के असोसिएट प्रफेसर डॉ सतेंद्र सिंह का कहना था कि इस अाधार पर विकलांगो के हितों को बेहतर तरीके से देखा जा सकता है।

इतना ही नहीं तमाम पक्षकारों का मानना है कि दिव्यांगता विभाग के चीफ कमिश्नर को स्वायत्त शक्तियां दी जाएं। दरअसल, कानून में उसे अडवाइजरी पावर दी गई हैं। इन लोगों का मानना है कि चीफ कमिश्नर के साथ अडवाइजरी पावर का लेबल चिपका कर उसे एक कागजी शेर बना दिया गया है।

~ मंजरी चतुर्वेदी, नवभारत टाइम्स १५ अप्रैल २०१७

Activists slams discriminatory clause in new Disability Act

The Wire reports that the contentious clause allows establishments to discriminate against persons with disabilities if there is a “legitimate aim”.

Even before it has been implemented, the Rights of Persons with Disabilities Bill, 2016, which was notified by the parliament in the winter session, has run into a major controversy with the primary stakeholders – persons with disabilities – questioning the clause that allows establishments to discriminate against them provided there is a “legitimate aim” and for taking the private sector out of the purview of the Act. Moreover, while the Centre had promised to address the issue while framing the rules under the Act, the same has not been reflected in the draft rules circulated earlier this month.

Read the complete story here.

Accessibility is Human Rights issue

3 December 2015: It was my first visit to Vigyan Bhawan, New Delhi to witness the National Award function on International Day of Persons with Disabilities. Govt of India launched the Accessible India Campaign from here but alas the venue was disabled friendly. I along with Abha Khetarpal wrote to the PMO office and Department of Empowerment of Persons with Disabilities about the inaccessible ramp the very next day.

4 December 2015: I was invited at Social Welfare Department of Govt of Delhi on my grievance of web-inaccessibility. When I reached there, I found the premises again disabled-unfriendly. The same day I registered my complaint.

6 December 2015: I was returning to home when I saw the 'masterpiece' steep ramp at IDBI Bank in Vasundhara, Ghaziabad near my house. I tweeted to the officials at the same moment.

A year later!

Today is Human Rights Day (10 December 2016) and the theme is #StandUp4HumanRights

"“Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere." (Eleanor Roosevelt)

I followed up with all three officials where I get success with IDBI Bank, partial success with Delhi Govt as they released tender for installation of lift and no result with Central Govt as their overhyped Accessible India Campaign failed to produce any results.

Youth Ki Awaaz followed the IDBI story which you can read here. News18's Citizen Journalist program also covered the story:

 

The end result was creation of an accessible ramp by IDBI Bank.Times of India covered the story on the Diwali Day:

GHAZIABAD: The relentless pursuit for over one year by a differently abled activist has prompted one of the banks in Vasundhara to construct a ramp at its building to enable wheelchair-bound customers to enter premises. The activist had found it difficult to access many banks in the area as he had to climb a fleet of steep stairs.

Bank Manager Sumit Jakhar with Dr Satendra Singh

This year also marks ten years of coming into existence of United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) which is the first human rights treaty in the 21st Century. Article 9 of UNCRPD states:

States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas.

Since India has ratified the convention, it is obligation of the State to provide us accessibility. As I quote Ms Roosvelt above, no effort is small or insignificant. Accessibility is human rights issue and we should strive to make a difference. Every little effort counts.

#HumanRightsDay #StandUp4HumanRights #envision2030 #CRPD #SDGs #dISABILITY #NothingAboutUsWithoutUs #LeaveNoOneBehind

Access denied at meet to honour them

Delhi State Awards for Persons with Disabilities, 2016
3 Dec 2016, Times of India. NEW DELHI: It was a programme organised to felicitate the disabled, but the venue itself underlined the lack of seriousness with which their problems are taken. At the government function to honour outstanding achievers among persons with disabilities (PwDs) on Friday, the ramp leading to the dais was constructed in such a manner as to render it practically inaccessible to physically challenged people.

While describing the experience as humiliating and an affront to their dignity, other award winners, however, said this was not an exception. Most public spaces, they said, were still inaccessible and policymakers seemed not to want to consult them while formulating policies or implementing them.

Hardeep Singh initially declined to go up to the stage, given the steep ascent. However volunteers from the social welfare department assured him and pushed his wheelchair up the ramp. However, they had no idea how to get him down. Singh refused to be carried down, so he abandoned his wheelchair and crawled down the ramp.

Right at the outset, disability rights activist Dr Satendra Singh warned the state labour minister:
"Gopal Raiji, climbing this ramp won't be easy even for you. If we don't address such issues as these, the Sugamya Bharat Abhiyan cannot be successful." Dr Singh added that even the Vigyan Bhawan walkway to the stage had not been disabled-friendly when the event to give national awards to PwDs was organised there. "Accessibility is about the dignity of an individual," said Dr Singh. 

In a picture that was emblematic of the plight of PwDs, an honoree, 75-year-old Hardeep Singh, who lost both his legs saving a girl from dacoits on a moving train, had to get off his wheelchair after receiving the award and crawl down the ramp to reach his seat. Another PwD, a para-athlete, had to be carried down the ramp along with the wheelchair by four people.

Para-athlete Trivendra Singh felt that India, as a country, was not only insensitive to the rights of the physically challenged, but had a long way to go to make its public spaces friendly for them.

"You have just seen the ramp. This is a common problem," said the sportsperson. "However, we are never consulted about these things. When I was in China to participate in the Asian Games, we were on our own. I am wheelchair-bound, but could easily move around on my own."

The other participants also pointed out how accessing important utilities like ATMs as well as public transport in the city was always a challenge.

Source: Times of India, 3 Dec 2016

Delhi Govt felicitates Dr Satendra Singh with State Awards for Persons with Disabilities, 2016

International Day of Persons with Disabilities turned out to be a special affair for eight people with disabilities who were  felicitated by Delhi government for their achievements in various fields. Delhi Social Welfare Minister and Deputy Chief Minister Manish Sisodia was the Chief  Guest but in his absence Minister of Labour and Employment Mr Gopal Rai felicitated them for their exceptional achievements in the field of creativity, sports, entrepreneurship and social work as part of the State Awards for Persons with Disabilities, 2016.


Dr Satendra Singh got the award in the 'Social Work' category. His achievements are enlisted in the Times of India graphic on the left.

They Tell tales of a disabled system that hurt them. (Times of India, 3 Dec 2016)

NEW DELHI: Physically challenged people got a rare opportunity to share their grievances with the state government when they gathered at the Delhi Secretariat for a felicitation function on Friday. Delhi labour minister Gopal Rai rewarded them by hearing out their stories, among them tales of discrimination, inadequate Braille and educational materials for students and, above all, the lack of job opportunities. The minister nudged the officials of social welfare department present to respond to the complaints.
The programme had been organised by Delhi government's department of social welfare to honour exceptional achievers among the physically challenged on the eve of International Day for Persons with Disabilities.

Rai invited the persons with disabilities (PwDs) to talk of problems faced by them before the cultural and felicitation programme began. "I would like to learn about the issues that trouble PwDs," Rai said. "Perhaps then, by the time the next felicitation function is held next year, we will have been able to take these issues up as challenges for our government to address." He said Friday's function would prove more meaningful if the government got suggestions on how to help PwDs.

While Dr Satendra Singh, recipient of the award in the category of social work, highlighted the problem of accessibility of public spaces and the disability policies of the government, a student of a blind school drew the government's attention to some of the basic issues they confronted regularly, like lack of teachers and paucity of teaching-learning aids.

Dr Singh suggested that the first step for the government should be to have a separate 'department for disability'. He also pointed out that the post of commissioner of disability was lying vacant for over a year now and that state executive and state coordination committees had not been constituted in Delhi for over one and half years despite provisions for such panels in the Disability Act. "If these issues are addressed, no one can stop us from making Delhi disabled-friendly," concluded Singh.

The sportspersons among the PwDs present brought up the topic of job opportunities or the lack of them in the capital. R Kumar, a national-level table tennis player, said, "I have represented Delhi at various levels, but there is no provision for jobs for us under the sports quota here."

Mohammad Sahir, a blind student, talked of the difficulties that primary and middle school students at a government senior secondary for blind boys have been facing for three years.

"There are around 10 positions for teachers lying vacant in the school for the last three years," he said. "We even demonstrated against the vacancies not being filled. Besides, we also need Braille books and audio books. Because of the lack of audio devices, we have been struggling."

Responding to these complaints, the department officials promised that the vacancies would be dealt with temporarily by appointing guest teachers and efforts would be made for permanent appointments. They assured the students they would be provided audio books within a week.

Source: Times of India, 3 Dec 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.

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:

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

Maruti Suzuki's discrimination against customers with disabilities

Only left is right: Why disabled drivers miss discount trip
Manash Pratim Gohain | TIMES OF INDIA |Apr 4, 2016

New Delhi: It is clearly about the left hand not knowing what the right hand is doing, only it involves the two legs rather than the hands in the case of Dr Satendra Singh. For a month now, the teacher at the University College of Medical Sciences in the capital has been struggling with a peculiar problem, the resolution of which could help many others like him beat red tape. Singh is in the market for a car, but having a right leg that is polio-affected is not helping him much despite the central government actually offering excise duty concessions to buyers with special needs such as him. The confounding thing in his case is his right limb—the car company he has approached insists that the tax leniency is allowed only in the case of a disabled left leg.

In January, having set his eyes on the hatchback Baleno, Singh approached Maruti Suzuki's Nexa showroom, first in Noida, then at Akshardham, where he was told that the excise duty concession was not applicable to him because it was meant only for drivers with a left-leg disability. He argued that the central government guidelines on the matter did not differentiate between right and left leg disabilities. He also pointed out that he held a driving licence for the "invalid carriage" category of vehicles, which enabled him to drive his current car, a Maruti Alto.

However, a customer relationship manager of Maruti informed Singh that the company's automatic transmission vehicles "can be used by the physically disabled customers with left leg disability only". A Maruti spokesperson also said that the burden of verification and certifying the details of buyers with disabilities lay with the car manufacturer. In his case, Maruti informed Singh that it could not discount the price payable under the disability provisions.

"If you are left leg-disabled person, then for the purpose of buying an automatic transmission vehicle, you are as good as non-disabled," remonstrated Singh. Irked by a month of trying to convince the unmoved car company, Singh has now directly approached the government.

Seeking a quick resolution to his problem, Singh's letter to the secretary of the ministry of heavy industries, said that "the decision by Maruti Suzuki India Limited to exclude customers with right leg disability is discriminatory to say the least". He, therefore, requested the ministry to instruct car makers to allow people with lower limb disabilities to avail the benefits provided under the law "without any riders".

Singh pointed out that car companies, including Maruti, earlier sold cars that had been modified for use by people with orthopaedic difficulties. Such cars were termed "invalid carriages". In 2008, in the C. Paulraj vs The Secretary, Ministry of Transport and others case in Madras High Court, Justice D Hariparanthaman had noted, "If the mobility of physically challenged persons is curtailed, it would result in perpetuating inequality and the object of the Persons With Disabilities Act 1995 would be defeated." The judge, therefore, ruled that the Motor Vehicles Act of 1988 did not prohibit any person, including physically challenged persons, from converting motor vehicles into "invalid carriages".

The same year, Justice P K Misra of the same court, hearing R Ramaswamy's petition against the Secretary, Ministry of Transport and others, expanded the meaning of "invalid carriage" to mean not only factory modified cars, but also those adapted for use by disabled drives at private workshops.

"No major car maker now manufactures invalid carriages in India, so people with disabilities have to get the fabrication done through local mechanics and fabricators," said Singh.

If the ministry responds favourably to Singh's petition, then it will certainly bring at least this version of a right versus left face-off to a satisfactory conclusion.

Reference: TIMES OF INDIA 4th April 2016

#MarutiNOTforDisabled