Ability Forum

[Vic]

Hello all,

As we al know the PWD Act (1995) was out for public consultantion last year and the Ministry of Social Justice & Empowerment have compiled a list of ammendments to the act which can be accessed from their website ( link ).

There is a review meeting - scheduled for Tuesday (14th August 2007) - for finalising suggestions for the act. The list of national representatives invited by the MInistry of SJ & E to attend this meeting can be accessed at this link.

I will encourage all to list all their suggestions & pass them onto the representatives from their area - or alternatively pass them onto us (we will be attending the meeting too) by posting on this thread.

All suggestions to us must be posted on this thread by 12:00 noon this Monday (13th August) - I appreciate this is a short notice but then (in-keeping with the bureaucracy) we have only received our invitation yesterday.

I hope you will try to make the most of this as it may well be the only opportunity we have to do something constructive & influence some concrete changes.

Regards,

_________________
Vikas

AccessAbility

Hello all,

As we al know the PWD Act (1995) was out for public consultantion last year and the Ministry of Social Justice & Empowerment have compiled a list of ammendments to the act which can be accessed from their website ( link ).

There is a review meeting - scheduled for Tuesday (14th August 2007) - for finalising suggestions for the act. The list of national representatives invited by the MInistry of SJ & E to attend this meeting can be accessed at this link.

I will encourage all to list all their suggestions & pass them onto the representatives from their area - or alternatively pass them onto us (we will be attending the meeting too) by posting on this thread.

All suggestions to us must be posted on this thread by 12:00 noon this Monday (13th August) - I appreciate this is a short notice but then (in-keeping with the bureaucracy) we have only received our invitation yesterday.

I hope you will try to make the most of this as it may well be the only opportunity we have to do something constructive & influence some concrete changes.

Regards,

_________________
Vikas

AccessAbility

[Adverts]

[mylaibalki]

I am balakrishnan here. Please take up the issue of making the railway compartments accessible for the disabled especially for wheel chair users. I am a wheel chair user and I am simply not able to do long distance travelling on our trains as the berths and particularly toilets are completely inaccessible. There is  a coach for the disabled attached to most of the trains but it is ageneral compartment on which seats cannot be reserved. Hence all and sundry except the disabled use these compartments, rendering it absolutely useless for the disabled. This is a vital issue as we the disabled are completely deprived of long distance travel by train.

Please ask the following questions at the review meeting on my behalf and on behalf of millions of disabled people of the country:

1) What steps have been taken to make the reserved compartments in trains accessible for the disabled?

2) When would the government make it possible for the disabled and the wheelchair users to travel in a railway compartment which is accessible for the disabled?

If you get answers for these questions and post the response of the officials concerned I would be much grateful.

I am balakrishnan here. Please take up the issue of making the railway compartments accessible for the disabled especially for wheel chair users. I am a wheel chair user and I am simply not able to do long distance travelling on our trains as the berths and particularly toilets are completely inaccessible. There is  a coach for the disabled attached to most of the trains but it is ageneral compartment on which seats cannot be reserved. Hence all and sundry except the disabled use these compartments, rendering it absolutely useless for the disabled. This is a vital issue as we the disabled are completely deprived of long distance travel by train.

Please ask the following questions at the review meeting on my behalf and on behalf of millions of disabled people of the country:

1) What steps have been taken to make the reserved compartments in trains accessible for the disabled?

2) When would the government make it possible for the disabled and the wheelchair users to travel in a railway compartment which is accessible for the disabled?

If you get answers for these questions and post the response of the officials concerned I would be much grateful.

[srividyaa]

Hello,
I would like to give the following suggestions.

1. It is learnt from the draft of the Ammendment made to the PWDAct that as per chapter V
which deals with Education,  architectural barriers should be removed from schools and           colleges. This architectural barriers must include the barriers posed in the form of
 steps to toilets
 narrow entrance for toilets.
             These should be looked into and should be avoided for easy access to the students. If  possible the schools must be instructed to have a separate toilet for the disabled children somewhat near  to their classrooms unlike the practise of having them at a far end of the school campus. For this it is necessary that rooms in the ground floor should be earmarked for classes/sections having disabled chiledren..

2.While issuing disability certificate, as there is a provision now for issuing temporary certificates for disabled people below 18 yrs, this should be issued to the students at higher secondary level itself and that too in their schools. The students must be educated  regarding the need for such certificate, its uses,procedure for applying and getting the permanent certificate after they become major, etc.

3.The disability certificate/identity card which is in any old format should be accepted for all purposes{in case of permanent disability and the disabled person acquiring it after 18 yrs} on par with the new format prescribed.

I hope the suggestions given here are not the ones which are hard to put to practise.

All the best to the team attending the meeting and hope all our efforts will bear friut.

Regards
Srividyaa

Hello,
I would like to give the following suggestions.

1. It is learnt from the draft of the Ammendment made to the PWDAct that as per chapter V
which deals with Education,  architectural barriers should be removed from schools and           colleges. This architectural barriers must include the barriers posed in the form of
 steps to toilets
 narrow entrance for toilets.
             These should be looked into and should be avoided for easy access to the students. If  possible the schools must be instructed to have a separate toilet for the disabled children somewhat near  to their classrooms unlike the practise of having them at a far end of the school campus. For this it is necessary that rooms in the ground floor should be earmarked for classes/sections having disabled chiledren..

2.While issuing disability certificate, as there is a provision now for issuing temporary certificates for disabled people below 18 yrs, this should be issued to the students at higher secondary level itself and that too in their schools. The students must be educated  regarding the need for such certificate, its uses,procedure for applying and getting the permanent certificate after they become major, etc.

3.The disability certificate/identity card which is in any old format should be accepted for all purposes{in case of permanent disability and the disabled person acquiring it after 18 yrs} on par with the new format prescribed.

I hope the suggestions given here are not the ones which are hard to put to practise.

All the best to the team attending the meeting and hope all our efforts will bear friut.

Regards
Srividyaa

[Dsamant]

Hi Vikas,

Thanks for informing us about this and giving us a chance to pass on our recommendations I had sent a list of recommendations last year, both to the Ministry itself and a forum such as this, and from what I can see their proposed amendments are the same as last year. I'll be happy to dig that up and post it here!

It would be useful to incorporate the UN CRPD wherever possible, and I'll try and send some suggestions on that front as well. We know that India is unfortunately quite far from truly incorporating and implementing the CRPD, but it would be useful to start putting pressure on the MSJE about it.

Do you have an idea what they did with all the regional consultation meetings they held last year? It seems like they have made no developments since then at all.

Deepti

Hi Vikas,

Thanks for informing us about this and giving us a chance to pass on our recommendations I had sent a list of recommendations last year, both to the Ministry itself and a forum such as this, and from what I can see their proposed amendments are the same as last year. I'll be happy to dig that up and post it here!

It would be useful to incorporate the UN CRPD wherever possible, and I'll try and send some suggestions on that front as well. We know that India is unfortunately quite far from truly incorporating and implementing the CRPD, but it would be useful to start putting pressure on the MSJE about it.

Do you have an idea what they did with all the regional consultation meetings they held last year? It seems like they have made no developments since then at all.

Deepti

[Dsamant]

Great suggestions, Balakrishnan and Srividyaa!

deepti

Great suggestions, Balakrishnan and Srividyaa!

deepti

[ajaychawla]

I am a physically challenged person with my right Arm and left leg polio affected. Though I do not use any Aid but I face difficulty in commuting and all should remember that for a disabled persons commuting makes things possible

I find that though disabled friendly vehicles (Cars with Automatic Transmission) are available in the Market since many years  they are exorbitantly costly.  Government rules do provide for some excise relief but the procedures are too complicated and even manufacturers and government machinery is not aware of the same. Moreover manufacturers should be specifically asked why they are incosiderate to handicapped where it is possible without any extra expenses and even penalties/ extra taxes should be imposed upon manufacturers


There have been government Notifications that Medical certificates can be issued only from the hospital which falls in the zone of the residence  of the applicant and Government Hospitals refuse to issue Medical certificate on flimsy grounds (they insist on Ration Card only and no other residential proof is entertained by them) they make PWDs to come again and again even for medical certificates where disability is visible and disabilty certificate has earlier been issued by some other government hospital.
Many a times the Zonal hospital of the area is far away from the resdence and Zonal hospital of other zone is nearer to the PWDs  

In train commuting Medical certificates and their photocopies are routinely rejected by the ticket dipensing clerks  on very flimsy grounds some Agency should be formed and photocopies and certificates attested by it should be accepted with good faith.

Some procedures should be formed for obtaining e ticket and I ticket from railways by the disabled (unique Code No. or PAN No or even submission of photocopy after getting e ticket or i ticket)

Rehabilitation

Not only permanent Job
In getting service from outside agencies government, government departments and PSUs should give some weightage to the Disabled persons or the organisations controlled and run by disabled


AJAY CHAWLA

I am a physically challenged person with my right Arm and left leg polio affected. Though I do not use any Aid but I face difficulty in commuting and all should remember that for a disabled persons commuting makes things possible

I find that though disabled friendly vehicles (Cars with Automatic Transmission) are available in the Market since many years  they are exorbitantly costly.  Government rules do provide for some excise relief but the procedures are too complicated and even manufacturers and government machinery is not aware of the same. Moreover manufacturers should be specifically asked why they are incosiderate to handicapped where it is possible without any extra expenses and even penalties/ extra taxes should be imposed upon manufacturers


There have been government Notifications that Medical certificates can be issued only from the hospital which falls in the zone of the residence  of the applicant and Government Hospitals refuse to issue Medical certificate on flimsy grounds (they insist on Ration Card only and no other residential proof is entertained by them) they make PWDs to come again and again even for medical certificates where disability is visible and disabilty certificate has earlier been issued by some other government hospital.
Many a times the Zonal hospital of the area is far away from the resdence and Zonal hospital of other zone is nearer to the PWDs  

In train commuting Medical certificates and their photocopies are routinely rejected by the ticket dipensing clerks  on very flimsy grounds some Agency should be formed and photocopies and certificates attested by it should be accepted with good faith.

Some procedures should be formed for obtaining e ticket and I ticket from railways by the disabled (unique Code No. or PAN No or even submission of photocopy after getting e ticket or i ticket)

Rehabilitation

Not only permanent Job
In getting service from outside agencies government, government departments and PSUs should give some weightage to the Disabled persons or the organisations controlled and run by disabled


AJAY CHAWLA

[kodakkal]

Hello,

With reference to the suggestions to the proposed amendment on Disabled Act 1995, I already submitted by suggestions directly to Ministry of Social Justice Empowerment and also to President of India, which you can see/view by my personnel website. As the then President of India Mr.Abdul Khalam has forwarded my suggestions to Ministry of Social Justice & Empowerment with a copy to me. And as you and all know that copy of suggestions have released in this general discussions column earlier, hence there has no need to republish the same again is it not?

Hope that an realy and risk free amendments should be implimented for easy movements with regard to disabled persons equal opportunity and protections at around the world. And One who interested to view of personnel website that having 14 more pages, can log on it by the following clicks: Please write the word as :-www.kodakkalshivaprasad.wetpaint.com , then click on site users column at the left side of my website, then you are in a page there you click on Kodakkal Shivaprasad, then you are in my profile page, at the top of the page you click on contribution column, then you are in a page there you can access or select page wise contributions regarding my achievements, experiences etc. Hope that one who visit the website really put their valuable comments to general public.

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx

Hello,

With reference to the suggestions to the proposed amendment on Disabled Act 1995, I already submitted by suggestions directly to Ministry of Social Justice Empowerment and also to President of India, which you can see/view by my personnel website. As the then President of India Mr.Abdul Khalam has forwarded my suggestions to Ministry of Social Justice & Empowerment with a copy to me. And as you and all know that copy of suggestions have released in this general discussions column earlier, hence there has no need to republish the same again is it not?

Hope that an realy and risk free amendments should be implimented for easy movements with regard to disabled persons equal opportunity and protections at around the world. And One who interested to view of personnel website that having 14 more pages, can log on it by the following clicks: Please write the word as :-www.kodakkalshivaprasad.wetpaint.com , then click on site users column at the left side of my website, then you are in a page there you click on Kodakkal Shivaprasad, then you are in my profile page, at the top of the page you click on contribution column, then you are in a page there you can access or select page wise contributions regarding my achievements, experiences etc. Hope that one who visit the website really put their valuable comments to general public.

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx

[THOMASJACOB]

I prefer to have the folllowing changes to me made -

1. Railway Concession - As per the rules, only a totally deaf and dumb person is eligible for railway concessions under the disabled category. It is miine as well as many other hearing impaired canddates desire that those with either hearing impairement or speech impairement or those with both should be eligible for the concession. We should do away with the the concession that requires that a person should be both totally deaf and dumb. Also a hearing impaired person may at a later stage start speaking due to early speech therepy etc, so as a result his speech improves, but many railway clerks in Mumbai dont accept this statement and they straightway reject applications. So we should do something about it.

2. In the issue related to the 3 percent reservation of seats I am not in a favor of the statement which read"If the right kind of candidate is not available then they may exchange for another candidate with another disability" - In a country like India the deaf or the hearing impaired and those with impaired speech are the worst affected at the education and employment level. But unlike earlier these days the situation is improving and we can see many qualified hearing challenged youth in India, but the attitude and mindset of the government and employers have'nt changed, they feel hearing impaired are a burden to the organization and hence many of the successful candidates are denied jobs and their place is mostly filled by people with locmotor disabilities. In most Banks and PSUs there are more than 100s of people with locmotor disabilities and a few of them may be visually impaired, but there would be hardly any hearing impaired or at the most one or two. This statement only helps them to give an excuse for not filling up of seats.

3. Staff Selection Commission, Railways, Banks, PSUs and other government bodies should also have special recruitment drives for physically challenged to clear back log vacancies in the same they do it for candidates belonging to SC/ST category.

4. All the above organizations should fill the seats in each category once a particular examination has been conducted.

5. There is a lot of harrasement on physically challenged employees a proper grievance redressal mechanism should be set in place to tackle harrasement at the work place.

6. Appropriate assistive devices should be made available freely by the employers or at more chearper rate for people with disabilities so as to enable them function perfectly as productive members to the society.

7. The present 3 percent reservation should be raised to 5 percent reservation.


Regards
Thomas

I prefer to have the folllowing changes to me made -

1. Railway Concession - As per the rules, only a totally deaf and dumb person is eligible for railway concessions under the disabled category. It is miine as well as many other hearing impaired canddates desire that those with either hearing impairement or speech impairement or those with both should be eligible for the concession. We should do away with the the concession that requires that a person should be both totally deaf and dumb. Also a hearing impaired person may at a later stage start speaking due to early speech therepy etc, so as a result his speech improves, but many railway clerks in Mumbai dont accept this statement and they straightway reject applications. So we should do something about it.

2. In the issue related to the 3 percent reservation of seats I am not in a favor of the statement which read"If the right kind of candidate is not available then they may exchange for another candidate with another disability" - In a country like India the deaf or the hearing impaired and those with impaired speech are the worst affected at the education and employment level. But unlike earlier these days the situation is improving and we can see many qualified hearing challenged youth in India, but the attitude and mindset of the government and employers have'nt changed, they feel hearing impaired are a burden to the organization and hence many of the successful candidates are denied jobs and their place is mostly filled by people with locmotor disabilities. In most Banks and PSUs there are more than 100s of people with locmotor disabilities and a few of them may be visually impaired, but there would be hardly any hearing impaired or at the most one or two. This statement only helps them to give an excuse for not filling up of seats.

3. Staff Selection Commission, Railways, Banks, PSUs and other government bodies should also have special recruitment drives for physically challenged to clear back log vacancies in the same they do it for candidates belonging to SC/ST category.

4. All the above organizations should fill the seats in each category once a particular examination has been conducted.

5. There is a lot of harrasement on physically challenged employees a proper grievance redressal mechanism should be set in place to tackle harrasement at the work place.

6. Appropriate assistive devices should be made available freely by the employers or at more chearper rate for people with disabilities so as to enable them function perfectly as productive members to the society.

7. The present 3 percent reservation should be raised to 5 percent reservation.


Regards
Thomas

[Vic]

Hello all,

Thanks to all who have been contributing to this thread. We will pass on all inputs to the Min of SJE.

Those who still havent contributed, but have suggestions to make, please do so by tomorrow afternoon.

Regards,

_________________
Vikas

AccessAbility

Hello all,

Thanks to all who have been contributing to this thread. We will pass on all inputs to the Min of SJE.

Those who still havent contributed, but have suggestions to make, please do so by tomorrow afternoon.

Regards,

_________________
Vikas

AccessAbility

[Dsamant]

Hi,

I apologize for the formatting mess in the above post, I can't edit or delete the post for some reason!

Here are the suggestions I had made:

Some additional suggestions:


1. Definition of disability:
•     There is a major problem with   the exiting definition of "disability" in the PWD Act and it is, in my opinion, not   at all rectified in the proposed Amendment. It is very constricted and   incorrectly excludes many disabilities from the Act's protection.
•     The existing definition   defines a finite list of disabilities which completely ignores speech   impairments, chronic and progressive illnesses such as HIV/AIDS and   cancer which can severely affect activities of daily living, and   developmental, cognitive, and intellectual disabilities that are   neither mental illnesses nor mental retardation such as learning disabilities
•     The proposed amendment copies   language from UK's   Disability Discrimination Act (DDA) and says "disability means a   physical or mental impairment, which has a substantial and long-term   adverse effect on the ability of a person to carry out normal day-to-day   activities." But then it again goes on to mention a list of   eligible disabilities, which makes the above statement pointless. If   the Ministry intends to include such a list, it should say that it   "includes but is not restricted to" which will then extend the   protections of the Act to the above mentioned excluded disabilities which   have been well recognized by international governments and world bodies.
•     My suggestion would be to   exclude a specific list of disabilities and but instead use the criteria   of ability to carry out normal day-to-day activities. A well thought out   framework such as that proposed by UK's   DDA can be used to determine what constitutes Activities of Daily Living   (ADL).


2. Employment:

Section 31 A in proposed   Amendment: The proposed change mentions that "no persons with   disability shall be discriminated against only on the ground of   disability."
•     It is important for the   Ministry to articulate that suitability for a position should be   considered after taking into account all reasonable   accommodations/adjustments, modifications, and assistive technologies that   will help an individual to perform the functions of the position, and not   just the availability of a limited list of aids/appliances
•     People with disabilities   frequently need employment supports to participate fully in workplace   activities, and can perform a range of job functions with the right   accommodations. Their consideration for a position should include their   ability to perform the duties required of a job with the availability of   accessible work environments, with the right workplace supports.
•     This clause can be stated as   "No persons with disability shall be discriminated on the grounds   of disability, provided that the person can perform the essential tasks of   the position with or without suitable adjustments and reasonable   accommodations" (similar to the language in the Americans with   Disabilities Act)
•     The PWD Act fails to consider non-equipment related   accommodations that can greatly expand the employability and job   satisfaction of people with disabilities such as flexible schedules,   telework, quiet work spaces with less auditory and visual distractions   etc. Such accommodations greatly benefit people with intellectual,   developmental, and psychological disabilities and will facilitate their   participation in the job market.
•     The list of essential   equipment is too limited and reflects unawareness about the range of   equipment and products available to increase productivity. It also   reflects a narrow understanding of supports persons with disabilities need   - Accommodations should not be looked on merely as "devices to   correct a physical dysfunction" but supports to expand the range   of activities people can perform. This is most significantly evident in   the fact that Cerebral Palsy is clubbed together with Locomotor disability   and listed as not requiring any essential equipment (in the list of   essential equipment). This is a grave error - people with cerebral   palsy routinely may need very different accommodation as compared to   someone with a spinal cord injury to perform the same function and it is erroneous to look only at their mobility constraints to give them jobs.

Section 33 of existing PDA:   The Ministry has established 3% reservation of jobs but has restricted   eligibility only to people with blindness/low vision, hearing impairment,   and locomotor disability or cerebral palsy.
•     On what basis were only these   groups deemed eligible for reservation in jobs? This is discriminatory and   seems to suggest that people with other disabilities are not fit to   perform these job functions. The exclusion of people with mental   disabilities is a very serious flaw of this policy and is in clear violation of the UN Convention, if ever ratified.
•     If the Ministry wants to   stick with these eligibility criteria they should be accompanied by a   clause justifying non-equipment related workplace adjustments that will   then extend protection in employment to people with other disabilities,   even if they do not qualify for reserved seats
•     My very genuine suggestion, would be to allow the employer and prospective   employee to discuss and select what accommodations would best help an   individual to perform a job of their choice which are affordable and do   not impose undue burden on the employer. Give people autonomy and power   - only then can you give them equal opportunities as other citizens.

Section 32A. of   existing PDA: Here the Ministry empowers the "appropriate   governments" to identify posts which can be reserved for persons with   disability
•     My request would be for the   Ministry to lay down a well constructed framework for making these   identifications or engage in extensive job matching practices before   identification
•     Identification of suitable   posts cannot be made without considering all possible adjustments and job   restructuring strategies. Technology is not the only means to engage   in successful employment. These processes are so   user-centered that I feel it might be more advantageous for people to   apply to any position they feel suits them and they are qualified for, and   then engaging in an interactive process with the employer to consider   accommodations. Prior identification of certain posts might   discourage people from applying to other positions, and similarly not   provide any incentive for employers to consider them.


3. Telecommunication services:
•     The Act does not put down any   clauses or provisions for ensuring accessibility in telecommunication   services and information technologies
•     Acts in other countries (UK's   Disability Discrimination Act and Americans with Disabilities Act as   examples) have laid down clauses to ensure services for people who are   deaf or have hearing impairments, such as relay services and closed   captioning


4. Establishment of Technical Assistance Centers:
•     The Ministry should provide   for the establishment of regional technical assistance centers that can   provide people with disabilities with information on assistive   technologies and help employers and employees in thinking of   accommodations and adjustments for efficiency in jobs. This service should   go beyond a database of vacancies such as the current Special Employment Exchanges.


5. Implementation and enforcement:
•     This Act needs strict   implementation provisions. All sections seem very open-ended naming   "appropriate governments and local authorities" to implement   schemes. The Ministry should consider assigning actual duties and   responsibilities to various authorities along with deadlines and strict   enforcement criteria (maybe consider some punitive financial measures for   failure to implement the
•     There are no deadlines or   punitive measures imposed for the failure to provide accessible public   transportation and accessible public services (e.g. restaurants, cinema   halls, shopping centers). This gives the idea that the Government is not   at all serious about the inclusion of people with disabilities in social   life. The International Disability Rights Monitor lists India   as one of least inclusive countries, and it is not surprising because the   Act utterly fails to include strict measures to encourage participation.
•     Provide employers (especially private sector) with tax benefits,  set up financial assistance schemes for small businesses,  to encourage employment of people with disabilities

deepti

Hi,

I apologize for the formatting mess in the above post, I can't edit or delete the post for some reason!

Here are the suggestions I had made:

Some additional suggestions:


1. Definition of disability:
•     There is a major problem with   the exiting definition of "disability" in the PWD Act and it is, in my opinion, not   at all rectified in the proposed Amendment. It is very constricted and   incorrectly excludes many disabilities from the Act's protection.
•     The existing definition   defines a finite list of disabilities which completely ignores speech   impairments, chronic and progressive illnesses such as HIV/AIDS and   cancer which can severely affect activities of daily living, and   developmental, cognitive, and intellectual disabilities that are   neither mental illnesses nor mental retardation such as learning disabilities
•     The proposed amendment copies   language from UK's   Disability Discrimination Act (DDA) and says "disability means a   physical or mental impairment, which has a substantial and long-term   adverse effect on the ability of a person to carry out normal day-to-day   activities." But then it again goes on to mention a list of   eligible disabilities, which makes the above statement pointless. If   the Ministry intends to include such a list, it should say that it   "includes but is not restricted to" which will then extend the   protections of the Act to the above mentioned excluded disabilities which   have been well recognized by international governments and world bodies.
•     My suggestion would be to   exclude a specific list of disabilities and but instead use the criteria   of ability to carry out normal day-to-day activities. A well thought out   framework such as that proposed by UK's   DDA can be used to determine what constitutes Activities of Daily Living   (ADL).


2. Employment:

Section 31 A in proposed   Amendment: The proposed change mentions that "no persons with   disability shall be discriminated against only on the ground of   disability."
•     It is important for the   Ministry to articulate that suitability for a position should be   considered after taking into account all reasonable   accommodations/adjustments, modifications, and assistive technologies that   will help an individual to perform the functions of the position, and not   just the availability of a limited list of aids/appliances
•     People with disabilities   frequently need employment supports to participate fully in workplace   activities, and can perform a range of job functions with the right   accommodations. Their consideration for a position should include their   ability to perform the duties required of a job with the availability of   accessible work environments, with the right workplace supports.
•     This clause can be stated as   "No persons with disability shall be discriminated on the grounds   of disability, provided that the person can perform the essential tasks of   the position with or without suitable adjustments and reasonable   accommodations" (similar to the language in the Americans with   Disabilities Act)
•     The PWD Act fails to consider non-equipment related   accommodations that can greatly expand the employability and job   satisfaction of people with disabilities such as flexible schedules,   telework, quiet work spaces with less auditory and visual distractions   etc. Such accommodations greatly benefit people with intellectual,   developmental, and psychological disabilities and will facilitate their   participation in the job market.
•     The list of essential   equipment is too limited and reflects unawareness about the range of   equipment and products available to increase productivity. It also   reflects a narrow understanding of supports persons with disabilities need   - Accommodations should not be looked on merely as "devices to   correct a physical dysfunction" but supports to expand the range   of activities people can perform. This is most significantly evident in   the fact that Cerebral Palsy is clubbed together with Locomotor disability   and listed as not requiring any essential equipment (in the list of   essential equipment). This is a grave error - people with cerebral   palsy routinely may need very different accommodation as compared to   someone with a spinal cord injury to perform the same function and it is erroneous to look only at their mobility constraints to give them jobs.

Section 33 of existing PDA:   The Ministry has established 3% reservation of jobs but has restricted   eligibility only to people with blindness/low vision, hearing impairment,   and locomotor disability or cerebral palsy.
•     On what basis were only these   groups deemed eligible for reservation in jobs? This is discriminatory and   seems to suggest that people with other disabilities are not fit to   perform these job functions. The exclusion of people with mental   disabilities is a very serious flaw of this policy and is in clear violation of the UN Convention, if ever ratified.
•     If the Ministry wants to   stick with these eligibility criteria they should be accompanied by a   clause justifying non-equipment related workplace adjustments that will   then extend protection in employment to people with other disabilities,   even if they do not qualify for reserved seats
•     My very genuine suggestion, would be to allow the employer and prospective   employee to discuss and select what accommodations would best help an   individual to perform a job of their choice which are affordable and do   not impose undue burden on the employer. Give people autonomy and power   - only then can you give them equal opportunities as other citizens.

Section 32A. of   existing PDA: Here the Ministry empowers the "appropriate   governments" to identify posts which can be reserved for persons with   disability
•     My request would be for the   Ministry to lay down a well constructed framework for making these   identifications or engage in extensive job matching practices before   identification
•     Identification of suitable   posts cannot be made without considering all possible adjustments and job   restructuring strategies. Technology is not the only means to engage   in successful employment. These processes are so   user-centered that I feel it might be more advantageous for people to   apply to any position they feel suits them and they are qualified for, and   then engaging in an interactive process with the employer to consider   accommodations. Prior identification of certain posts might   discourage people from applying to other positions, and similarly not   provide any incentive for employers to consider them.


3. Telecommunication services:
•     The Act does not put down any   clauses or provisions for ensuring accessibility in telecommunication   services and information technologies
•     Acts in other countries (UK's   Disability Discrimination Act and Americans with Disabilities Act as   examples) have laid down clauses to ensure services for people who are   deaf or have hearing impairments, such as relay services and closed   captioning


4. Establishment of Technical Assistance Centers:
•     The Ministry should provide   for the establishment of regional technical assistance centers that can   provide people with disabilities with information on assistive   technologies and help employers and employees in thinking of   accommodations and adjustments for efficiency in jobs. This service should   go beyond a database of vacancies such as the current Special Employment Exchanges.


5. Implementation and enforcement:
•     This Act needs strict   implementation provisions. All sections seem very open-ended naming   "appropriate governments and local authorities" to implement   schemes. The Ministry should consider assigning actual duties and   responsibilities to various authorities along with deadlines and strict   enforcement criteria (maybe consider some punitive financial measures for   failure to implement the
•     There are no deadlines or   punitive measures imposed for the failure to provide accessible public   transportation and accessible public services (e.g. restaurants, cinema   halls, shopping centers). This gives the idea that the Government is not   at all serious about the inclusion of people with disabilities in social   life. The International Disability Rights Monitor lists India   as one of least inclusive countries, and it is not surprising because the   Act utterly fails to include strict measures to encourage participation.
•     Provide employers (especially private sector) with tax benefits,  set up financial assistance schemes for small businesses,  to encourage employment of people with disabilities

deepti

[kodakkal]

  Hello,

As you know now a days concessions to disabled peoples were released only on economical conditions stipulated by each government establishments, on these grounds railway department refused to oblige with regard to issue concession travel to deaf only persons.  I fight for these indiscrimination against not issuing railway concessions to especially for deaf only persons for the past ten years, but now fruitfull results yield till day.  But the Director, Ali Yavar Jung National Institute for Hearing Handicapped, Mumbai assured to take up the matter with concerned authorities and my complaint placed before Chief Commissioner for Disabilities,New Delhi yet to be finalised.  Iam surprised why the Chief Commissioners should interfere such of these indiscriminations like facing unequality among disabilities.  As some one having only Deafness and other one having only dumbness but on basis of these how can we expect  a sentence printed in Railway Concessions that "Deaf and Dumb afficted together" ?  And in my opinion the sentence is illegal and unequal treatment among disabilities, hence further actions from concerned authorities is the first we that expect now.

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx

  Hello,

As you know now a days concessions to disabled peoples were released only on economical conditions stipulated by each government establishments, on these grounds railway department refused to oblige with regard to issue concession travel to deaf only persons.  I fight for these indiscrimination against not issuing railway concessions to especially for deaf only persons for the past ten years, but now fruitfull results yield till day.  But the Director, Ali Yavar Jung National Institute for Hearing Handicapped, Mumbai assured to take up the matter with concerned authorities and my complaint placed before Chief Commissioner for Disabilities,New Delhi yet to be finalised.  Iam surprised why the Chief Commissioners should interfere such of these indiscriminations like facing unequality among disabilities.  As some one having only Deafness and other one having only dumbness but on basis of these how can we expect  a sentence printed in Railway Concessions that "Deaf and Dumb afficted together" ?  And in my opinion the sentence is illegal and unequal treatment among disabilities, hence further actions from concerned authorities is the first we that expect now.

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx

[THOMASJACOB]

Just forgot to mention one more item -
From my personal experience I have seen that most employers prefer candidates who have lesser percentage of disability - so when a large recruitment is undertaken mostly canddiates with the lesser percentage of dsaibility are selected for the posts - actaully to be frank candidates with the maximum percentage of dsiability should be given the first preference,

Also I would like to know whether it is far for a candidate to get concession or relaxations on the grounds of disability and caste he belongs to. I suggest to be fair - we need to have concessions only on the grounds of dsiability - I am not sure about it - being given tosay we are in India.

Regards
Thomas

Just forgot to mention one more item -
From my personal experience I have seen that most employers prefer candidates who have lesser percentage of disability - so when a large recruitment is undertaken mostly canddiates with the lesser percentage of dsaibility are selected for the posts - actaully to be frank candidates with the maximum percentage of dsiability should be given the first preference,

Also I would like to know whether it is far for a candidate to get concession or relaxations on the grounds of disability and caste he belongs to. I suggest to be fair - we need to have concessions only on the grounds of dsiability - I am not sure about it - being given tosay we are in India.

Regards
Thomas

[Vic]

Thank you all for your inputs.

All the recommendations from this thread have been passed onto the Ministry of Social Justice and Empowerment.

I hope that they incorporate most of the suggestions without much dilution this time ---- but then theres no way to tell until the ammendments are finally published.

Regards,

_________________
Vikas

AccessAbility

Thank you all for your inputs.

All the recommendations from this thread have been passed onto the Ministry of Social Justice and Empowerment.

I hope that they incorporate most of the suggestions without much dilution this time ---- but then theres no way to tell until the ammendments are finally published.

Regards,

_________________
Vikas

AccessAbility

[Dsamant]

Thank you very much for forwarding our thoughts along! It is very kind of AccessAbility to include our comments as it would be very difficult for us as individuals to participate otherwise

Deepti

Thank you very much for forwarding our thoughts along! It is very kind of AccessAbility to include our comments as it would be very difficult for us as individuals to participate otherwise

Deepti

[Kr_iyer]

First of all the The PWD act is to be made for all the psus to adopt it. My own Company is not paying conveyance allowance for the handicapped since I am not orthopaedically handicapped. Secondly Pwd should issue a Id card like PAN card whch will automatcally make us eligible for exemptions from professional tax ,income tax and eligible for Travel concessions. The air travel should be in line with the railway travel concession(Including eSCORT)

First of all the The PWD act is to be made for all the psus to adopt it. My own Company is not paying conveyance allowance for the handicapped since I am not orthopaedically handicapped. Secondly Pwd should issue a Id card like PAN card whch will automatcally make us eligible for exemptions from professional tax ,income tax and eligible for Travel concessions. The air travel should be in line with the railway travel concession(Including eSCORT)