Task Force Set Up to Work Out Details for Setting Up of National Centre for Universal Design and Barrier-Free Environment (NCUDBE)

The Centre has constituted a Task Force to work out the details for establishment of the proposed National Centre for Universal Design and Barrier-free Environment (NCUDBE) which was envisaged in the Eleventh Five Year Plan as a national body to facilitate and support the development of universal design and barrier-free environment.

The Task Force is headed by Prof. Samir K. Brahmachari, Director General of the Council of Scientific and Industrial Research and will have members from the National Institution of Design, Ahmedabad and School of Planning & Architecture, New Delhi.

The Task Force will also have nominees (one each) from the Central Government’s Departments of Telecommunication and Information Technology. The Joint Secretary in charge of the Disability Division in Ministry of Social Justice will be the Convenor and Ex-Officio Member and Director of Deendayal Uppadhaya Institute for the Physically Handicapped, New Delhi will be the Member-Secretary of the Task Force.

Besides the Plan Document, the establishment of such a Centre is also obligatory under the UN Convention on the Rights of Persons with Disabilities to which India is a signatory. Article 2 of the Convention describes “Universal Design” as the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design.

Article 4 of the UN Charter lists it as general obligation to undertake or promote research and development of universally designed goods, services, equipment and facilities which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guideline.

It may be recalled that last month, the Ministry of Social Justice and Empowerment had invited proposals from the States for central assistance to provide barrier free environment in public buildings including State Secretariat, Collectorates, Main Hospitals, Universities and other important State level offices to ensure that these are accessible to the People with Disabilities. The proposals have been invited after making significant increase in the annual budget of the Scheme for Implementation of PwD Act from Rs. 15-20 crore annually to Rs. 100 crore for the year 2010-11. The central assistance will also be given to make the Government Websites at the State and District levels accessible to PwDs.

VBA/RS

Centre Invites Proposals from States for Giving Central Assistance to the tune of Rs. 100 Crore to Provide Barrier free Environment in Govt Buildings and to Make Government Websites Accessible to Persons With Disabilities

The Centre has invited proposals from States to give central assistance to provide barrier free environment in important State Government buildings in the State Secretariat, Collectorates, Main Hospitals, Universities and other important Government offices to ensure that these are accessible to the Persons with Disabilities (PwDs).  Central assistance will also be given to make Government Websites at the State and District levels accessible to PwDs as per guidelines for Indian Government Websites issued by the Department of Administrative Reforms & Public Grievances.Proposals from States have been invited by the Ministry of Social Justice and Empowerment under the “Scheme for Implementation of PwD Act, 1995 (SIPDA)” after effecting a major increase in the annual allocation under this Scheme from Rs. 15-20 crore in the past to Rs. 100 crore this year.

The Ministry has made a notional allocation to the States based upon their population of PwDs as per Census, 2001 and has requested them to sent proposals on that basis. For example, a notional allocation of Rs. 16.50 crore has been made for Uttar Pradesh, 8.90 crore for West Bengal, 7.90 crore for Tamil Nadu, 7.60 crore for Maharashtra, 6.70 crore for Madhya Pradesh and 6.60 crore for Andhra Pradesh. Similar notional allocations have also been communicated to other States based on their population of PwDs.

It may be recalled that the UN Convention on the Rights of Persons with Disabilities (UNCRPD), 2008, to which India is a signatory, calls for making buildings, work places, facilities including information, communication and other services etc accessible to PwDs on an equal basis. The Union Minister of Social Justice & Empowerment, Shri Mukul Wasnik, had written to the Chief Ministers of all States earlier this year urging them to make the important buildings and websites of the State Government accessible to People with disabilities in a time bound manner.

Central assistance on significant scale is provided to states under “Scheme for Implementation of PwD Act, 1995 (SIPDA) to encourage them to move in that direction.

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Disability and Census of 2011

Counting the “invisible” children of Mother India.

While the current focus of political debate is on ‘caste and census,’ there is another important aspect that deserves attention. This concerns disability.  For decades after our independence, there was no effort to actually count how many of us have any disability. There were estimates-informed or otherwise- but no factual figures. All our  government’s plans and budgets, rules and regulations, proclamations and posturing were built upon shaky foundations. A new Ministry was created, staffed and has been operating for several decades on that basis. It seemed to suit every one, except the millions who were thus rendered ‘invisible’. This lasted for 54 years. But, despite their  ‘invisibility,’ the disabled and the NGOs dealing with disability made progress on the ground.

Let me illustrate with an example. There was no government or non-government organisation looking after the needs of children with cerebral palsy, till a young mother of a child with cerebral palsy set up the very first Spastics Society of India, Mumbai (now known as ADAPT-Able Disabled All People Together)) in 1972. The handful of children included her own daughter. Dr. Mithu Alur, our Chairperson, had thus created a unique institution, offering all facilities under one roof, including diagnosis, physiotherapy, physical aids, schooling, parental counselling, etc. Over time, these services also came to include research, teachers training, admission of older children in “normal” schools and colleges, job-oriented training and placements and so on. This model is now replicated in 18 States. Almost all the organisers have themselves been trained at Mumbai. These NGOs operate independently, while forming a Regional Alliance, constantly coordinating, cooperating and learning from one another.

During preparations for the Census of 2001, several NGOs (including us) approached the Census Commission with the request that they should also count the disabled in our country. Obvious arguments were put forward. Approaches were also made through the concerned departments of the Government. Unfortunately, nothing worked; we were simply told that the disabled could not be included. The NGOs were persistent; the matter was taken to the political level. Eventually, it was decided that the Census would include, for the very first time, a counting of the disabled. However, this historic decision was taken at a very late stage, in the face of consistent opposition by the Census Establishment. Perhaps, their subsequent actions were reluctant and grudging. Perhaps, there was not enough time for the necessary preparations. It is also possible that, despite their best efforts, framing of appropriate questions, their translation into the required languages, training of the enumerators etc. left much to be desired. For all these reasons, the results of the Census 2001 were deeply disappointing for the disability movement.

For example, the Census of 2001 concluded that there were only 2.13 % or 21 million Indians with any kind of disability. This was a fraction of the estimates by most experts. This has since been amply proved by a World Bank report of 2007. This report was “prepared at the request of the Government of India”. In fact, it acknowledges “the guidance of officials of the Ministry of Social Justice and Empowerment, guidance provided by an inter-ministerial Technical Advisory Group set up for the work by MSJE and consisting of representatives from the Ministries of Health, Labour, Human Resource Development and Rural development, as well as an NGO representative.” Similarly, it acknowledges the help of officials in several States including Rajasthan, Karnataka, Orissa, Uttar Pradesh and Tamil Nadu. In short, the World Bank Team had the full backing and support of the Government of India and many State governments. The report is entitled ‘People with Disabilities in India: From Commitments to Outcomes’. It concludes: “While estimates vary, there is growing evidence that people with disabilities comprise between 4 and 8 per cent of the India population (around 40-90 million individuals)”

Obviously, there is a vast difference between 2.13 per cent or 21 million ‘counted’ by the Census of India, and 4-8 per cent or 40-90 million estimated by the World Bank team. Several NGOs, including ADAPT, have been interacting with the Census Commission, individually or in groups. The Commissioner, Dr. C. Chandramauli, has been positive and open-minded. In a recent letter to him, based on our own experience, and consultations with our regional partners and other experts, we have made a number of recommendations. These take into account the Commission’s constraints of space and format, the work already done, and recommendations made by others in the disability movement, like a Delhi-based group which had also held wide consultations. For example, along with the Delhi group, we have endorsed the inclusion of four types of disability in seeing, hearing, speech and movement, repeated from the 2001 census. We have also endorsed the recommended inclusion of Multiple Disability and Mental Retardation. But, since the latter expression is no longer used, we propose “Remembering and Concentration” instead. Thus, there is already an agreement on the types of disability.

Equally important is the framing of questions under each type. Questions must be activity related; these must also be relevant to our circumstances; only then can these elicit accurate responses. For example, the question suggested by us on speech is: “Do you have difficulty in speaking in your usual language?” The latter language is included because, in the course of a research study with UNICEF involving 31,000 children, we had found that children who had migrated out of their home states had a linguistic problem, which may be reflected as a speech problem. We have also submitted Hindi translations of these easy-to- understand questions to demonstrate that similar translations in other languages could be equally easy and understandable. Contrary to speculations, there is thus a growing meeting of minds between the Census Commission, on the one hand, and several sections of the disability movement, on the other. Thus, we can hope that the Census of 2011 will finally be able to give us a correct count of the disabled in our country, making them truly visible.

By Kamal Bakshi
(A former ambassador, and Vice-Chairperson of ADAPT, Mumbai.)

© Copyright 2000 – 2009 The Hindu

Rejected disabled CAT-taker moves court against IIMs : Contends institutes leave disabled category seats vacant

Mayura Janwalkar.

Do the IIMs adequately fill up the disability quota for students?

No, thinks Rahul Girreddy, who took CAT this year and has filed a petition against the IIMs in the Bombay high court.  The commerce graduate contends in his petition that the IIMs are not complying with the provisions of the Persons with Disabilities (PD) Act, 1995.  “Though there are 90 to 100 seats reserved for DAs (differently-abled candidates), only approximately 55 candidates are short-listed collectively by the IIMs for the second phase of the selection process,” the petition states. Under the PD Act, 3% of seats in educational institutions have to be reserved for DA candidates. But the number of seats provided by the IIMs against the quota does not amount to 3%, the petition states.

It states that IIM-A stipulates that SC/ST/DA candidates should score at least 17% in each of the three sections of CAT. Accordingly, 396 DA candidates should have been eligible for interviews this year. But the IIMs put the cut-off for the three categories at 80 percentile — much above what the 17% per subject would yield — and called only 31 candidates for interviews. Girreddy contends that even if all the IIMs were to set their cut-off at say 60 percentile — like  IIM-Indore — only 55 DA candidates would have been selected, leaving many seats vacant, which would then be filled up with candidates from the general category. Girreddy, who secured 46.20 percentile, was certain of getting an interview call.

But the high cut-off dashed his hopes. Terming the conditions laid down by the IIMs “illogical”, Girreddy states in his petition: “Though the IIMs do make a provision for 3% of their seats to be reserved for DAs, the modus operandi adopted by the IIMs defeats the provisions of the PD Act, frustrates the objective set out for the state in the constitution, and causes a colossal waste of public money.”  Girreddy’s father GS Reddy says the case will be mentioned before a division bench of the court on Monday, and a date of hearing sought. If the court gives a judgment favourable to Girreddy, it will affect the percentile scores of all candidates.

DNA Bombay

Depression industry in a slump

By Clive Cookson and Andrew Jack, FT.com June 15, 2010

A drawing by a patient suffering from depression. Several large drugmakers are scaling back research into antidepression medication.

STORY HIGHLIGHTS

• WHO: Depression causes more disability than any other disease
• Several drugmakers are ending research in depression
• there are few new scientific leads in the laboratory
• The industry is being flooded by cheap generic drugs
• Clinical trials are particularly hard to organise for antidepressants

Caroline “came out” last month. After 30 years fighting clinical depression, she told friends and colleagues at KPMG, the accountancy firm where she works, that she wanted “to battle this illness openly and help others fight it too”.  “People at work were absolutely amazed — and totally supportive,” says the 47-year-old tax manager. “They couldn’t believe I was suffering from depression. But I had devoted a lot of energy to hiding it, and I decided I didn’t have energy to waste.”

Caroline has joined the small band of people willing to risk what is widely seen as the stigma attached to depression and similar mood disorders. Another recent example is the writer Allison Pearson. They are the visible tip of a growing pandemic of what the biologist Lewis Wolpert memorably called “malignant sadness”. According to the World Health Organisation, depression causes more disability than any other disease, affecting more than 120m worldwide. The cost of all this is thought to exceed $100bn (£68bn, €82bn) a year. On the face of it, then, depression presents a classic “unmet medical need” with a vast potential market that should be a priority for increased pharmaceutica research and development. In reality, quite the opposite is happening. Several of the largest drugmakers have recently decided to curb or cease research in the field, reducing the funding and expertise available to find better treatments.

The withdrawal reflects growing financial pressures on the industry to cut spending on high-risk low-profit areas such as mental health, where there are few new scientific leads in the laboratory and many cheap generic drugs are coming on to the market. Yet neuroscientists say research into the biology of depression, funded by public agencies and smaller biotechnology companies, is on the brink of breakthroughs. In February Andrew Witty, chief executive of  GlaxoSmithKline, said his company would stop work on antidepressants, bringing an end to research by the developer of drugs such as Wellbutrin and Seroxat. GSK denied that its decision was related to the public criticism, regulatory scrutiny and litigation over suicidal feelings and other alleged side-effects generated by Seroxat in recent years.

Rather, Mr Witty said there were more promising and productive areas of research in its portfolio, while  antidepressants were “among the most expensive, high-risk” drugs to develop, with weak “endpoints” that made it difficult to measure likely success until late in the development process. AstraZeneca took a similar view a few weeks later, winding down its discovery work on depression and other mental disorders as it pared back in-house research spending. At the heart of the problem is the difficulty in first identifying appropriate patients to take part in clinical trials and then proving that they do better on the new drug candidate than on placebo (dummy pills). “That is the number one reason why we as an industry are moving away from an area that has an incredible burden of disease,” says Frank Yocca, AstraZeneca’s head of discovery for central nervous system drugs.

Clinical trials are particularly hard to organise for antidepressants because, for a start, medical definitions of  depression and its severity are not as clear-cut as for most other diseases. In addition, reliable “bio­markers”, objective measurements of disease progress such as brain scans or blood tests, are unavailable.  I saw depression was a real hell, with people waking up at 3 or 4am in atrocious discomfort

Then there is the large — and mysteriously growing — placebo effect, which makes it hard to demonstrate statistically that patients taking the active drug are doing better than those on dummy pills. Psychiatrists have long recognised that patients with depression and other mood disorders are susceptible to the suggestion that they will get better. But it is not clear why placebo power should have increased, as analysis of clinical trials over the past 30 years shows  it has. “It would be like invoking magic to suggest that people are becoming more suggestible,” says John Geddes, professor of psychiatry at Oxford University. “The change is more likely to be an artefact of the way patients are recruited to clinical trials.”

Supplements for depression: What works, what doesn’t

Finding trial volunteers — who are depressed, not taking an existing drug and willing to try an experimental one — has become harder over the years, says Chris Thompson, chief medical officer for the UK’s Priory hospital group. In response, investigators have been (unconsciously) upgrading the level of depression of potential subjects, so that they meet the criteria for inclusion. But once the trial is under way, researchers no longer have a motive to exaggerate the volunteers’ symptoms. Everyone, whether on drug or placebo, seems to get better — “which is catastrophic if you are trying to discover how effective the drug is”, says Prof Geddes, who chaired the depression and anxiety part of the UK Medical Research Council’s recent mental health research review. “Everyone in the field knows that this happens.” So researchers are discussing ways to reduce the problem — for example, dropping placebo-controlled trials and comparing new drugs with the best existing treatments.  Yet even if clinical trials were easy to organise, drug companies might not have a great incentive to innovate, given the downward trend in the antidepressant market. Although prescriptions are rising, their value is falling as the new generation of antidepressants introduced during the 1980s and 1990s, such as Eli Lilly’s Prozac and Wyeth’s Effexor, lose their patent protection and cheaper generic versions appear.

IMS, a provider of healthcare data, says global antidepressant sales peaked in 2006 at $20.2bn. Last year the market was worth $19.2bn and Datamonitor projections show a 4 per cent annual fall until 2014, when slow growth may resume. With the overall pharmaceutical market growing more than 5 per cent a year, the share taken by  antidepressants is shrinking. Existing classes of antidepressant — known as “selective serotonin reuptake inhibitors” (SSRIs) and “serotonin norepinephrine reuptake inhibitors” (SNRIs) because of the way they function in the brain — work reasonably well for 60-70 per cent of people. Their side-effects are less serious than the previous generation.  It would be like invoking magic to suggest that people are  becoming more suggestible

Caroline says Prozac helps to keep her depression under control, though occasionally she has to take spells off work — most recently three days in January when “I just couldn’t answer my phone, or have someone ask ‘how are you?’ without my bursting into tears”. She adds that cognitive behavioural therapy, a form of counselling, has helped her avoid incipient bouts.  Ms Pearson meanwhile took sertraline (Zoloft) for a few months. “It seemed to help control the anxiety but it also appeared to muffle my mind — everything felt as though it was on the other side of a piece of Perspex,” the British author says. “I was trying to finish a novel, which requires maximum clarity, so I stopped taking  the medication. I got the novel finished but the anxiety returned.”  Some smaller pharmaceutical and biotech companies are still looking for better antidepressants. “I’m almost encouraged by big competitors pulling out,” says Jacques Servier, founder of France’s privately owned Servier Laboratories. “They are often dominated by financial pressures. We are independent, have more liberty and can afford to be more daring.”

Mr Servier’s commitment to antidepressants was inspired by his background in psychiatry: “I saw depression was a real hell, with people waking up at 3 or 4am in atrocious discomfort, feeling a loss of activity and sometimes suicide.” Mr Servier’s research led to the launch of Valdoxan (agomelatine), a new class of antidepressant that claims improved sleep and fewer side-effects. Though the drug has been used by about 100,000 patients, he concedes it is not easy to compete with low-cost generic alternatives: “Generics are very good for those who respond to them but the price is very low and the companies don’t contribute to research.”

Another company committed to depression research — and shielded by a non-profit foundation from short-term  financial pressures — is Lundbeck of Denmark. Lundbeck sells Cipralex, which it also argues has fewer side-effects than generic alternatives. Two other compounds in late-stage trials have a new mechanism of action. Ulf Wiinberg, chief executive, hopes that within a decade, more targeted therapies for different subgroups of patients, “just like we have for cancers”, will emerge. “The first time patients present with depression, they will definitely receive a generic,” he says. “But after the first or second failure, they need new drugs. We should be treating with the best available therapy.”  Two US companies with promising candidates are Clinical Data Inc (CDI) and Targacept. CDI has applied for Food and Drug Administration approval of vilazodone, which could reach the market next year.  Targacept is about to start the final trial of TC-5214 in collaboration with AstraZeneca, which agreed in December to pay $200m up front for rights to the drug — demonstrating that, while big pharma companies are winding down their research into antidepressants, they are prepared to pay for promising candidates developed elsewhere.  Many mental health experts are less concerned with the pharmaceutical industry than with what Dr Thompson calls the “scandal of how little public money there is for research into the biology of depression”. A better understanding of what happens in the brain when people feel seriously depressed would give researchers a lead to develop better drugs. One promising avenue, says Prof Geddes, is to use powerful new brain imaging techniques to probe the neural processing of emotion.

Like all complex disorders, depression results from many genes and environmental factors working together. The genes remain largely unknown and so do the environmental triggers that might explain the rise. “There is evidence that the incidence of depression is increasing and that this is over and above better recognition,” says Prof Geddes.  Its onset may on average be earlier in life than it used to be, adds Dr Thompson. Possible causes range from the stresses of modern life — if anything exacerbated by recession — to excessive eating.  Psychiatrists say the worst thing people can do is to suffer in silence. Even if they cannot bring themselves to be as open as Caroline, they should approach a self-help charity, such as the UK Depression Alliance where she has begun to work as a volunteer.  “Depression has often wreaked complete havoc with my very existence,” she says. “With no cure on the horizon, you cannot battle this disease on your own.”

Hope lies in cells that spring eternal in the neurone zone

The bleakest dogma of 20th-century neuroscience held that the adult brain never grows: we can only lose neurones (brain cells) as we get older.  But research led from the Salk Institute in California and Columbia University in New York has overthrown the dogma. New neurones do form in parts of the brain — and the process, known as neurogenesis, offers a promising way of fighting depression.  Scientists showed in 2003 that existing antidepressants achieve some of their effect by stimulating growth in the hippocampus, a brain area involved in learning and memory. The discovery seems to solve a pharmacological puzzle.  Antidepressants such as Prozac are supposed to work by increasing the level of certain brain chemicals (such as serotonin) that transmit signals between neurones. But the drugs raise  neurotransmitter levels very quickly, so why do they take several weeks to lift the sufferer’s mood?  The explanation for the delay — that it reflects the time taken for new cells to grow in the hippocampus — has been confirmed by brain imaging, animal studies and post-mortem examinations of human brains. It is now possible to track neurogenesis through scans that show increased blood flow in the living human brain.

So the hunt is on for new antidepressants designed specifically to maximise neurogenesis. Leader of the pack is a San Diego company, Brain Cells Inc , founded by academics from Salk and Columbia. After screening more than 1,000 chemicals for their neurogenic effect on brain cell cultures, BCI has discovered two drug candidates that are giving encouraging results in early clinical trials. One of them is a combination of two chemicals, melatonin and buspirone, which have little effect individually on depression or neurogenesis but work well together.  Although the first application of neurogenesis will be depression, it may be useful for treating other brain conditions.  NeuroNova, a Swedish company, is testing two protein drugs that stimulate neural growth in patients with Parkinson’s and motor neurone  disease. Syngis Pharma of Germany has started a trial of a growth-stimulating factor that is injected into the brain following a stroke. Animal experiments show that it might both reduce cell death immediately after the stroke and then help blood vessels and neurones to grow, reducing the patients’ long-term disability.

Another intriguing possibility, says Carrolee Barlow, chief scientist at BCI, is that stimulated growth of the hippocampus will improve memory and cognition in diseases such as Alzheimer’s.

© The Financial Times Limited 2010

Disabled people plan hunger strike in Delhi for rights law

A group of disabled people will begin an indefinite hunger strike from Wednesday outside the Shastri Bhawan, which houses many central government ministries, to protest their poor representation on a committee drafting a new law protecting their rights.

Following pressure from various disabled groups, the social justice and empowerment ministry in April ormed a committee to draft new legislation, reflecting the UN Convention on the Rights of Persons with Disabilities, to replace the Disability Act, 1995.

The first meeting of the committee will be held June 10.

“The government has overlooked the basic tenet of the convention and the bedrock of the disability rights movement – ‘Nothing about us, Without us’. The 27-member committee appointed by the government has only three people with disabilities,” said Javed Abidi, convener of Disabled Rights Group.

A group of disabled people also met Social Justice and Empowerment Minister Mukul Wasnik May 26, demanding an increase in the number of disabled people in the committee, he said.

“We will sit on indefinite hunger strike till our demands are accepted,” Abidi added.

World Wide Web Consortium for all

Mumbai: Mobility can also mean being able to seamlessly steer through and negotiate one’s way in a jungle of online information to get work done. Any good website should enable that.Yet, not many Indian ones do. At least not for those who can’t see or hear or operate the mouse with ease.

For them, e-mobility or e-access remains as ignored an aspect as mobility in the physical space.

And to think that all it takes to fix this is to conform to the accessibility standards laid down by the World Wide Web  Consortium (W3C) at minimal extra cost. Any good web designer should follow that. And any good government must put a policy in place to ensure that it happens, especially when it is signatory to the United Nations Convention on the Rights of People with Disability, which warrants such action.

Intent, however, isn’t the problem. But limited awareness about how information and services can be best delivered to persons with disabilities is. And for a country with close to 70 million people with disabilities, awareness can mean the difference between booking an e-ticket and buying one from the railways counter, between living independently and relying on others for things they can easily do for themselves.

Addressing this is the recently launched 125-article-rich wiki, being executed by the Centre of Internet and Society (CIS) Bangalore and funded by the National Internet Exchange of India, New Delhi. The wiki intends to be a  comprehensive resource for users, caretakers, web developers, NGOs, teachers, and members of legal communities for
information on what technology — hardware and software — and related legislations offer persons with disabilities.

Web standards prescribe that a description of a graphic or a visual be added for the benefit of visually impaired persons so that any screen-reader can read it. For someone with hearing disability, sound alerts should be accompanied by visual cues, and audios tagged. For those who cannot operate the mouse and hence rely on desk keyboards or
onscreen keyboards, developers should incorporate built-in shortcut keys for efficient access.

“But the W3C standards are not binding; it is something countries adopt. In India, these guidelines have been made advisory for Government websites, not mandatory,” says Nirmita Narasimhan, programme manager, CIS, who is also working on drafting the accessibility policy for the Ministry of Communications and Information Technology. Mumbai-based disability activist Nilesh Singit, who has been working on access audits, accessibility and inclusive design, training and research for the past 12 years, says that the standards are simple enough to be used by anyone with basic grasp of HTML. “But some specialised website designers charge high amounts to make websites disabled-friendly. Yes, there are issues of extensive testing of websites to adhere to the standards required. However, there is no relation between the cost and the end product. More awareness needs to be created to break the myth that accessible websites are expensive,” he says.

The Government of India has made accessibility of its websites advisory. But as Nilesh Singit says, if they’re anything like the current railways website — which does little for persons with disability — then it remains to be seen how effective the implementation will be.

Furthermore, the government does not proactively share information with outsiders. “How is one to approach the government unless one knows about the incentives on procurement of assistive technologies, training and awareness camps and educational awareness. Unless this research is made available, you don’t have the base to build on,” says a researcher from the field.

Malvika Tegta / DNA
Saturday, May 15, 2010 1:00 IST

Enabling the disabled

With sensitised education for the disabled high on Human Resource Development Minister Kapil Sibal’s agenda, all eyes are on the 2011 Census which will provide crucial statistics on the number of disabled Indians and what disability they suffer from. But a raging dispute has broken out within the disability sector about the exact question in the Census questionnaire and Census Commissioner Dr C Chandramouli is being lobbied by different groups.  World over, asking the right question has proven the key to getting accurate disability figures. According to a 2009 World Bank Report, in countries which ask a simple yes/no question, disability statistics range from 0.5 per cent of the total population (Nigeria) to 3.8 per cent (Ethiopia).  In countries which list the types of conditions, the number is only slightly higher. But in countries which ask specific activity-related questions (for instance: do you have trouble walking/ remembering?), disability statistics range from 10 per cent (Poland) to 19.2 per cent (United States) of the country’s entire population. The more specific the question, the more likely it is to yield a higher percentage of disabled people.

The Indian Census asked a question on disability for the first time in 2001 (see box). Based on this question, the Census Commissioner estimated that 2.13 per cent of the population, or roughly 25 million Indians, were disabled.  But this  number has been criticised for being too low. Javed Abidi, a disability activist and the head of National Centre for Promotion of Employment for Disabled People (NCPEDP), says the low number is because the question in the 2011 Census merely listed the type of conditions, which world over have excluded many disabled people. He adds that the Census enumerators in 2001 were not sensitive. “In fact, they did not even identify me as disabled,” he  complains.

Mithu Alur, founder of Able Disable All People Together (ADAPT, formerly Spastic Society of India) says when she  spoke to Chandramouli, “he admitted that the 2001 data for the disabled was not robust, as they had very little time”.  But while there is agreement on the need for a better question in the 2011 census, agreeing on the details has run into rough weather. Two drafts have emerged amongst the competing NGOs, each accusing the other of trying to hog the limelight.  All are agreed that the new question on disability must be activity-based (like in the US and Poland), but there is a dispute about what the exact question will be.

The first draft is led by a group that includes Abidi. This draft was the result of a day-long roundtable here on March 31,
co-organised by Abidi, and attended by “representatives from 22 states and the Census Commissioner himself”, according to him.

The second draft has been formulated by ADAPT. Alur says these questions are based on a widely accepted, UN-approved standard, called the Washington Group on Disability Statistics (see box). These questions are slightly different from the March 31 model. Alur says her suggestions “are more explanatory and inclusive”.

Alur charges Abidi with not including her NGO in the March 31 deliberative process, and of hijacking the disability agenda. Abidi strongly denies this allegation. “I sent an email to Dr Alur inviting her to the meeting. She did not come, but emailed me the sample questions that she suggested,” says Abidi. “Her questions were raised before the forum, and rejected.” Alur denies this, saying it was a general email which did not “contain any details of the meeting”.  Abidi feels ADAPT’s sample questions are too “western” and unsuitable for Indian conditions. One of the questions the ADAPT wants to ask is “do you have difficulty in walking or climbing stairs”. “Half  of Vasant Kunj will say yes to that question,” says Abidi.

Both Alur and Abidi have a personal stake. Abidi is wheelchair-bound. Alur’s daughter Malini was diagnosed very early with cerebral palsy. Both groups had joined hands to demand amendments to the Right to Education Act in August 2009 to make it disabled friendly.

Regardless of which version finally makes it to the Census questionnaire, disability activists say versions are  improvements from the 2001 Census question as they are more descriptive, and expand the word “mental” in the 2001 question to involve specific forms of mental illness.  Chandramouli could not be contacted by phone. Alur says he has given disability activists till April-end to provide suggestions.

Vinay Sitapati
Indian Express New Delhi : Wednesday, Apr 28, 2010

Dyslexics get disability quota in colleges

Starting this year, dyslexic students will be eligible for professional college seats, reserved under the disability quota.  With this, Karnataka will be one among the first two States — the other being Maharashtra which will also implement this inclusive system starting this year — to recognise dyslexia as a disability.

In its order on Monday, the Government has decided that from here on, dyslexic students will come under the category of those suffering  from “mental disability” and will be eligible to apply for the three per cent seats earmarked for people with disability in professional colleges across the State.  The order states that this new quota will be enforced from the forthcoming admission season slated to commence in June. It will be applicable to seats in engineering, medical and dental colleges allotted by the Karnataka Examinations Authority through the Common Entrance Test.

Triumphant

The Government Order, in its preamble, states that this provision has been included following a letter by K.S. Gopalan, president, Malleswaram Dyslexic Association.  A senior official from the Karnataka Examination Authority said the same facilities and statutory provisions extended to persons those suffering from mental disability will be applicable to dyslexics.

Rules

To be eligible for this quota, dyslexic students must get a medical certificate stating the nature of their learning disability from NIMHANS, All India Institute of Speech and Hearing, Mysore, or produce a certificate by a clinical psychologist (with an M. Phil degree) attested by a government doctor not below the rank of district surgeon.

Further, the rules state that these certificates will again be ratified by the Medical Board.

The Hindu

Internship Programme for Law Students

The Centre for Disability Studies, NALSAR University of Law invites applications for its summer internship programme from interested undergraduate and postgraduate law students. The Centre headed by Professor Amita Dhanda is geared to generate legal knowledge on disability issues and to promote a rights based discourse on disability. The Centre is engaged in research-based activities to catalyse State and civil society understanding on disability rights along with documenting current developments in disability law and policy.  The Centre for Disability Studies functions through the following five wings

• Teaching and Training;
• Awareness Building and Sensitization;
• Litigation and Conveyancing;
• Research and Publication and
• Documentation.

Currently, the Centre is involved with the following activities –

1. Preparing the Country Report on the UN Convention on the Rights of Persons with Disabilities (UNCRPD)
2. Proposing Amendments to the National Trust Act of 1999 in order to bring it in conformity with the UNCRPD
3. Documenting the lived experience of persons with disabilities placed under legal guardianship
4. Devising Customized Capacity Building Programs for Non-Governmental Organizations on the UNCRPD to enhance their community based initiatives on disability rights.
5. Curriculum Development for an Awareness Raising Distance Education Program

The Centre will accept applications for a period of four to six weeks for the months of May, June and July. Applicants must state whether they are applying for a full-time internship based in Hyderabad or a part-time research internship. The part-time research internship will require students to conduct research and gather information about the state of the rights of persons with disabilities based on their location during the internship period for preparation of the Country Report on the UNCRPD. For effectively documenting the rights status of persons with disabilities in every part of the country, students based in the north-eastern states, hilly regions and rural areas are encouraged to apply. The centre is also keen to engage students with disabilities in various activities of the Centre. Internship applicants should submit an updated resume together with a one page personal statement, on interest in human rights generally and disability law and rights more particularly. The application must highlight the specific areas of interest of the applicant so as to facilitate the placement with a particular wing/current task of the Centre. Applications will be considered on a rolling basis.

Applications, nominations and enquiries should be addressed to the Head of the Centre for Disability Studies at internships.cds@gmail.com

Manmohan promises disabled-friendly laws

FIGHTING FOR THEIR RIGHTS: Physically challenged persons, under the banner of the National Platform for the Rights of the Disabled and led by CPI(M) leader Brinda Karat, march on Parliament Street in New Delhi on Tuesday to press their demands. Photo: V. Sudhersan

Prime Minister Manmohan Singh on Tuesday said the government was in favour of amending the laws, if need be, to make them more disabled-friendly. He gave this assurance to a delegation of the differently-abled persons who met him in Parliament. The delegation was led by CPI (M) MP Brinda Karat.  “The Prime Minister was extremely sympathetic towards the demands of the disabled persons and said their demands were genuine,” Ms. Karat said. Dr. Singh assured the delegation of changing the laws to make them disabled-friendly, if necessary. The Prime Minister interacted with the members of the delegations and enquired about their problems. Talking to The Hindu, Ms. Karat said this was the first time that a delegation of differently-abled persons had visited Parliament House. “It was pointed out to the Parliament staff that there was only one gate (Gate no 9) in Parliament House for the physically disabled people and this was far away from the main entrance,” Ms. Karat said. The delegation also met the Union Minister for Social Justice and Empowerment Mukul Wasnik who told them that the government was finalising a new law for the disabled that would replace the existing law.

Earlier, a large number of people with different forms of disabilities marched to Parliament House to demand a better deal. Marching under the banner, ‘National Platform for the Rights of Disabled Persons,’ the people highlighted the plight of the economically and socially disadvantaged among the disabled, the poor, and the Scheduled Castes and the Scheduled Tribes. “The basic issue is that of the approach of the government and we must request you to consider our demands not as an act of charity but as fulfilment of entitlements and rights as equal citizens of India. India is a signatory to the United Nations Convention on the Rights of the persons with Disabilities which enjoins the government to ensure minimum rights and livelihood to disabled citizens,” the marchers said in a memorandum submitted to the Prime Minister. The demands include a comprehensive social security system for all persons with disabilities and their families including the Antyodaya cards, free health care for disabled persons, amendments to the Right to Education Act to make provision for disabled teachers and professional and identification of jobs for the disabled immediately with annual special recruitment drives each year.

Besides setting up a separate Ministry for disability affairs, the memorandum also sought issuance of a universally valid identity card and replacing the current Persons with Disabilities Act (1995) in consonance with the provisions of the U.N. Convention and harmonising other laws, the disabled persons also wanted proper enumeration of the persons with disabilities. The organisations that participated in the march included the Paschimbanga Rajya Pratibandhi Samaiilani, the Differently Abled Persons Welfare Federation of Thiruvananthapuram, the Karnataka Rajya Angavikalara Mattu Palakara Okkota, the Jharkhand Vikalanga Morcha, the Tamil Nadu Association for the Rights of all types of Disabled and Caregivers and the Vibhinna Prathiba Vanthula Jakkula Vedika of Andhra Pradesh.

The Hindu

M.S.J.E. considering a new law over amendments, Wasnik tells D.R.G.

p>D.N.I.S. News Network, India: In what can be termed as a big step forward for the Indian disability sector, Ministry of Social Justice and Empowerment (M.S.J.E.) is finally considering the option of going in for a brand new law based on U.N.C.R.P.D. as opposed to their earlier stand on going in for amendments to the archaic Disability Act of 1995. This was disclosed by Minister M.S.J.E., Mukul Wasnik in a meeting with a delegation of Disabled Rights Group (D.R.G.) led by Convenor Javed Abidi on February 9.  Although it was clear that Wasnik was still mulling the option, he said that he was “open to the idea” of going in for a new law. He had maintained a similar position in August when the D.R.G. delegation met him. However, this is the first time Wasnik has publicly spoken about a new law. He also talked about the possibility of going in for a new law in a meeting with the Parliamentary Committee on Social Justice on February 8.

Wasnik refuted the rumour that M.S.J.E. is going to place the Amendments Bill in the coming Budget Session. He hinted that the Ministry may consider going in for more consultations on the issue of a new law.  Abidi once again reiterated the unanimous demand of the disability sector for a new law that was observed in the National Consultation held by National Centre for Promotion of Employment for Disabled People (N.C.P.E.D.P.) and the North Zone Consultation thereafter.  The D.R.G. delegation consisted of Arun Rao, Executive Director, The Deaf Way Foundation; A. S. Narayanan, Secretary, N.A.D.; Dr. Achal Bhagat, Director, Sarthak; G. Syamala, Executive Director, A.A.D.I.; J. P. Gadkari, President, Parivaar; Radhika Alkazi, Managing Trustee, A.A.S.T.H.A.; Dr. Shanti Auluck, Director, Muskaan; and Vandana Bedi, Consultant, Disability and Development.

It may be mentioned that N.C.P.E.D.P. and D.R.G. are going ahead with their Zonal Consultations, as well as the drafting of the new law by the D.R.G. Core Group as planned.

DNIS, 15th Feb 2010

Shri Mukul Wasnik addresses 10th Editors Conference on Social Sector Issues

TEXT OF THE SPEECH [Excerpts]

The Union Minister of Social Justice & Empowerment Shri Mukul Wasnik addressed the 10th Editors’ Conference on Social Sector Issues (ECCSI) here today. On this Occasion, the Minister of State Shri. D. Napolean and Secretary (SJ&E) Shri K. M. Acharya were also present.

Disability

• In pursuance of the provisions of the Constitution, several initiatives have been taken by the Government for the empowerment of persons with disabilities from time to time. This has resulted in a fundamental change from a welfare model to a rights based approach to all the issues concerning the lives of persons with disabilities. Promotion of greater accessibility and barrier free environment for them is a prime objective of the Ministry and it is the first among the Central Ministries to have re-designed its website making it accessible to persons with disabilities. Other Ministries and their associated organizations are also expected to rapidly follow suit. To encourage the development of “accessible” websites, the Ministry has instituted a new category in its Scheme of National Awards for the Empowerment of Persons with Disabilities under which three awards – one each for government, public and private sector websites will be given every year for the best “accessibility” features.
• The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act in 1995, paved the way for realization of the rights of persons with disabilities. It is now nearly 15 years old and needs several amendments so as to harmonize it with UN Convention on the Rights of Persons with Disabilities to which India is a signatory and which came into force in May 2008. A series of consultation meetings were held during 2007-08 and 2008-09 in various parts of the country with stakeholders, to elicit suggestions for amending the Act. We have placed a comprehensive amendment proposal on the Ministry’s website and are consulting State Governments, Central Ministries and stakeholders on this draft, which is expected to be finalized in the next few months.
• The Ministry has a scheme of giving assistive aids and appliances to persons with disability. These are provided free to beneficiaries with a monthly income of Rs 6500/- and at 50% of the cost to those with a monthly income between Rs 6500/- and Rs 10,000/-. The scheme is implemented through NGOs, recommended by the State Governments, as well as the seven National Institutes working under the Ministry. About 2 lakh persons with disabilities are covered under the scheme annually.
• There are seven National Institutes under the Ministry working in the field of disability, viz. three working for loco motor disabilities, one each in area of visual, mental and hearing disabilities, and one in the field of multiple disabilities. These institutes are engaged in human resource development in the field of disability, provide rehabilitation services to persons with disabilities and also carry out research and development. About 5 lakh persons are provided rehabilitation services annually by these National Institutes.
• Under the Deendayal Disabled Rehabilitation Scheme (DDRS), Ministry gives financial assistance to NGOs, for running various rehabilitation activities like Special Schools and Vocational Training Centres. About 2 lakh beneficiaries are covered under this scheme annually. Financial norms under the scheme have been revised from the current financial year.
• A new Scheme of Incentives to Employers in the Private Sector for Providing Employment to Persons with Disabilities was launched in 2008-09 under which payment of employer’s contribution to the Employees Provident Fund and the Employees State Insurance Corporation for the first three years, is made by the Government of India, in respect of persons with disability appointed by such employers on or after 01.4.2008.

PIB Press Release

Simpler disability rule

New Delhi, Jan. 14: The government has decided to simplify the process of issuing disability certificates through a slew of steps that would among other things relieve disadvantaged people in rural areas of the trouble of making long, “cumbersome” trips.  The social justice ministry has decided to let doctors at primary health centres issue disability certificates to those with visible handicaps such as blindness, amputations and paralysis of limbs. At present, a person with disabilities has to travel to district headquarters to get such a certificate from a medical board comprising a civil surgeon and an expert on disability.  Ministry sources said the plan would be of great help to the country’s 2.19 crore disabled, including those with mental illnesses, who make up 2.13 per cent of India’s population. The disability certificate is crucial for a disadvantaged person as it makes him or her eligible to apply for facilities, concessions and benefits under schemes of governments or non-government organisations.

“Disabled people, especially those from rural areas, had been finding it very difficult to get a disability certificate as they have to make trips to district headquarters. It has come to our notice that many disabled people in rural areas have been deciding not to get the certificate because of the cumbersome process involved. Hence we have decided to simplify the procedure,” said an official with the social justice ministry.  But those with complicated disabilities not easily discernible and which need to be assessed scientifically will still have to get the certificate from the district medical boards.  These include non-visible locomotor disabilities, cerebral palsy, hearing impairment, low vision, mental retardation, autism and mental illnesses. “Certain disabilities like hearing problems and autism cannot be assessed by a general physician. They (people with such disabilities) will have to go and get their problems certified by doctors at higher levels,” the official said.

But even in the case of people with such non-apparent disabilities the government has decided to make the process of getting a disability certificate easier.  It has decided to fix particular days in a week or month for issuing the certificates. It has also decided to hold camps for issuing the certificates at the taluka or block level.  The government is also planning to fix a time frame for issuing the certificates once an application is submitted with the district medical board.  In case the board does not have a government psychiatrist or a clinical psychologist or a paediatrician, it will be able to use the service of a private practitioner.  The government has decided to make it the responsibility of principals/headmasters of schools to arrange for disability certificates for students with disabilities. Under the new plan, the district medical board has to visit a school for evaluation of a student’s disability on the written request of the school’s authorities.

While the government’s move has come in for praise, many NGO activists voiced fears that it could lead to “massive corruption”.

The Telegraph, Calcutta


My ‘Raid de Himalaya’ experience: Deepa Malik

Deepa Malik is no stranger in the field of disability sports. A paraplegic with a strong resolve, she has won numerous accolades for her participation in various adventure sports. Whether it is swimming against the strong Yamuna current, or riding a special bike or even taking a shot at the Paralympics, she has done it all! Last October, she became the first paraplegic to participate in the toughest car rally, the ‘Raid-de-Himalaya’. In a tell-it-all with D.N.I.S., Malik shares her experience with disability and what it took to take the long and arduous Himalayan road.

Deepa Malik

I was not born with a disability. After 30 years of regular life, I became a wheelchair user due to three spinal surgeries for repeated tumors resulting into spinal cord damage and paraplegia. I could easily compare the two worlds, that of able bodied people and that of the physically challenged. I had the maturity to feel that a lot could be done in the field of disability in our country, starting from social outlook, acceptance of disabled, to their inclusion into the mainstream.  I noticed that wheelchair users mostly remained at home. I felt a need to generate motivation among them, so that they live a more wholesome life. This inspired me, and I set out on a mission called ‘ability beyond disability’ in my own little way. I had no clue what I had to do. But I felt that I had to contribute in some way or the other. Promoting outdoor sports I felt was the best possible way. And then to my horror, I found out, that I was the first paraplegic woman to join the world of sports in the Indian scenario!

Driving was another of my passion. So much so, that I often laugh that God probably misinterpreted my desire of ‘being on wheels’ and therefore made me sit on a wheelchair! I had always wanted to rally but somehow, I was made to believe that my this desire would never be fulfilled in the present life because of my disability. That only strengthened my resolve and I decided that I must take part in the world’s highest and toughest car rally ‘Raid-de-Himalaya’.

Everyone thought I had lost it. With a spine that had been cut open thrice and a bladder and bowel condition, how was I going to manage a long, strenuous, high altitude journey, in minus temperatures? The only person who stood by me was my husband. He let me follow my dream, and told me that I would have to get there on my own effort.

I started my homework. Being an army wife, my first try was with the army adventure cell. But I soon learnt that only serving army officers’ wives were allowed to participate. I kept struggling for three years until I landed at the flag off of the Desert Storm Rally in Delhi in February 2009.

I literally sat there trying to pick up contacts and telling various teams about my wish of doing a rally. Some thought I was crazy, some felt happy about my courage but it was the Pune Millennium Team that took me seriously and taught me all the skills of navigation. Through them, I learnt what were the legalities required to be on a rally and that was going to be a challenge.

I got in touch with Himalayan Motorsports Association (H.M.A.) and Federation of Motor Sports Clubs of India (F.M.S.C.I.) regarding my acceptance in the rally as a formal competitor. They needed a bit of time, as it was the first time a disabled person had approached them. But I was happy that they appreciated my love and enthusiasm for motor sports and felt positive. I just held my breath back till I saw a ray of hope when they agreed but I had to complete all the required paperwork.

The most difficult task was to get the personal accident insurance on heavy risk basis. Next up was to start looking for sponsorship and a professional to accompany me and form a team. I am extremely grateful to Maruti Suzuki and three time Raid-de-Himalaya winner, Rakesh Diwan for supporting my endeavour. My husband, too, joined me as an attendant.

After a long struggle for permissions, sponsorships, a rally vehicle, a professional team partner and procurement of snow clothing, I found myself in Shimla. Initially people thought I was there to cheer a friend but the moment I got my name stickers on the car and a competitor’s license and an identity card on my neck, everyone took me seriously. I was very happy to see the surprised look on everyone’s face! It was a moment of achievement, a sense of satisfaction to be able to turn a dream into a reality and to prove to the world that disability is a state of mind and not of the body.

We were flagged off on the morning of October 7. It was a harsh 8 day, 1700 k.m. drive in minus degree temperatures. Even on an altitude of 18000 feet with oxygen shortage, I was able to sustain it all. It was tiring but the adrenaline rush was so high that I never felt tired. During the rally, we were in third position in the adventure category until an unfortunate accident happened.

The car ahead of us braked suddenly and our car skidded and hit the snowy road. The radiator developed a crack and the rest of the journey was completed filling up water every few k.m.s. That made our journey even more challenging and longer in terms of time. But on the whole, the experience was amazing. And I was awarded the TRUE GRIT TROPHY for outstanding courage.

More than the trophy, what made me happy was the declaration by H.M.A. official, Manjeev Bhalla that henceforth disabled persons will also be eligible to compete in the rally. I was thrilled that my efforts opened doors for people with disabilities to the world of motor sports.

Sometimes we take it for granted that a particular thing or activity is not meant for disabled people. Society then reinforces that belief. It happened to me as well when I decided to go for motor biking. But once I was determined, I did not only get a special bike designed but also made it on record time.

I feel that it is important for one to think beyond the stereotype and follow your heart.

Proposed amendments to Disability Act upsets NGOs

Bangalore, Jan 5, DH News Service:

Wednesday, January 06, 2010

NGOs and activists have expressed their disappointment over the Ministry of Social Justice and Empowerment’s announcement that it would introduce amendments to the Persons With Disability Act in the forthcoming budget session.

While the government is preparing to put forth 101 amendments, advocate Kanchan Pamnani, who has been working closely with the Disability Rights Group that demands the total replacement of the Act, has said that the current law requires not less than 300 amendments. “The minister has gone back on his promise to replace the law, which he had made to the members of the group some months ago,” Kanchan, said Mumbai-based solicitor. Many allege that the Act passed by the Indian Parliament in 1995 does not align with the United Nations Convention for Rights of Persons With Disability (UNCRPD) that calls for a rights-based approach. “Having signed and ratified the Convention, India has an obligation to orient its laws towards it,” Kanchan said. Public domain C Mahesh, Advocacy Coordinator for Bangalore-based CBR Forum said that the amended law should be placed in the public domain before being tabled in the Parliament. “The amendment must be placed before the public domain and debates need to be held before making any decision. Apart from the 100 odd articles that have been proposed to be amended there are nearly 18 articles that have been left out,” he said. Victor John Cordeiro, Manager Advocacy and Campaign, Leonard Cheshire Disability, South-Asia Region office said that the proposed draft amendment is not in line with the UN Convention. “There are many loopholes in the proposed amendment and many articles are excluded. A new legislation must be passed instead of amending the existing law,” he said. Earlier, Javed Abidi, Convenor of Disability Rights Group and Chairman of National Centre for Promotion of Employment for Disabled Persons (NCPEDP) had asked the government to replace the Act with a new legislation  which his movement calls “The Rights of Persons with Disabilities (Respect for Dignity, Effective Participation and Inclusive Opportunities) Act.” After meeting with MSJE Minister Mukul Wasnik, Abidi had said he has shared the concerns of the activists. Flaws in amendments “It was then that we brought to his attention the flaws, substantial ones, that still existed in the so called  ‘Amendments’ document being floated around by the Ministry,” said Abidi. “We then proposed that what India needs now, rather what the 70 million disabled people of India need now is a brand new, modern, forward looking, 21st century law. We even proposed a name. The Rights of Persons with Disabilities (Respect for Dignity, Effective Participation and Inclusive Opportunities) Act,.” However, the minister participating in the Louis Braille day celebrations on Monday has said that the government would introduce the amendments in what appears to be a u-turn on his earlier attempts to hold consultations and act according to the community’s wishes. “This is just a lollypop he is offering to the community. The government doesn’t appear serious on offering the community what it needs,” Kanchan said. Deccan Herald

Centre defers postal insurance amendment for disabled again

The Centre has again sought more time to amend its postal insurance rules for disabled to bring them at par with the insurance rules of others.  A petition was filed in the High Court by one Vikas Gupta, an Assistant Professor in Department of History, Delhi University, who is visually impaired.

The petition said, ‘Rules of the postal insurance for government employees are discriminatory as it gives a cover of Rs five lakh to a normal person, but a handicapped has to pay much more premium and gets an insurance cover of Rs one lakh only.’ Counsel appearing on behalf of Solicitor General (SG) Gopal Subramanium told a bench comprising Chief Justice A P Shah and Justice Rajiv Sahai Endlaw that the amendments in the postal insurance rules to stop discrimination against the disabled government employees are in the pipeline and will be soon finalised.  Counsel for the petitioner, Mr Pankaj Sinha, also a visually impaired, and lawyer Ms Roma Bhagat told the Court that Article 25 E of the United Nations Convention on the Rights for Persons with Disability (UNCRPD) prohibits discrimination in the insurance policy.  The High Court had directed the Centre to not only consider to change the rules so that a person with disability is given an equal sum assured for the premium paid but also ascertain that no extra premium has to be shelled out by them.

The Court had also directed the SG to consider the rules again and draft a policy in a manner that it should not be discriminatory and must consider the distinction between various types of disability as well as mortality factor caused by it.  ‘The SG had assured the Court that the LIC will consult the Actuaries, who will further consider the amendments and get back to us, but nothing has happened so far,’ Ms Bhagat told UNI.  Ms Bhagat also said there is no data to suggest that the disabled are more prone to accidents. ‘So why they have to pay more to get a less insurance cover,’ she added.  ‘We are only getting assurances from the Government, but no amendments have been brought about to give relief to the handicapped,’ she rued.

India News

Equal insurance benefits for differently-abled

Ministry of Communication and Information Technology would take a decision shortly with regard to the extra premium paid by the disabled employees

New Delhi: The Central Government Wednesday informed the Delhi High Court that equal benefits for postal life insurance will be provided to the differently-abled government employees with a maximum limit of Rs 5,00,000.  Counsel for the Ministry of Communication and Information Technology informed the court that a decision has already been taken by the Department of Posts to give equal treatment to the differently-abled government employees.  A division bench of Chief Justice Ajit Prakash Shah and Justice Rajiv Sahai Endlaw was hearing a public interest litigation filed by visually impaired Vikas Gupta, a professor, seeking parity with the general employees in terms of benefits.

Gupta alleged discrimination by the government with the disabled employees in terms of conferred benefits. His counsel Pankaj Sinha said the disabled employees were asked to pay extra premium in terms of the policy.  He submitted that according to the insurance policy, employees can avail a maximum of Rs five lakh and minimum of Rs10,000 sum insured, whereas the differently-abled employees were getting merely Rs one lakh.  The government’s counsel said the department would take a decision shortly with regard to the extra premium paid by the disabled employees.  The court then fixed the case for further hearing January 20 and directed the government to file a detailed affidavit. 

Igovernment