Friday, October 14, 2011

Adjustment of employees acquiring disability against the reserved quota for PWD

Dear Colleagues,

A disturbing trend has come to our notice. Many government departments are trying to dodge the mandate of The Persons with Disabilities (Equal opportunity, protection of rights and full participation) Act 1995 by adjusting the employees who acquire the disability while in service (and remain protected by virtue of Section 47 of the Persons with Disabilities Act) against the minimum 3% reserved quota of persons with disabilities.

This has been practiced silently in the Indian Railways and several other departments. This nullifies the overall objective of 3% reservation as per Section 33 of the Persons with Disabilities Act 1995. 

Earlier, the government departments were reluctant to give the benefit of reservation in promotion or new appointment to those who became disabled while in service. However, the DOPT vide its Memo F.No.36035/3/2009-Estt.(Res.) dated 10th June, 2009 sought to curb this discrimination with the employees with disabilities. But the department has started using this memo now to silently adjust the Section 47 protected employees against the reserved vacancies sought to be filled by other candidates.

The Memo is reproduced below for your information. The same is also available at the link: http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02adm/36035_3_2009-Estt.(Res).pdf



F.No.3603 5/3/2009-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block
New Delhi, dated loth June, 2009

Subject: Benefit of reservation to persons with disability who acquire disability after entering into Govt. service.



The undersigned is directed to say that various Ministries/Departments have been seeking clarification whether a person who acquires disability after entering into Govt. service shall get the benefit of reservation in services as provided in this Department's OM No.36035/3/2004-Estt.(Res.) dated 29.12.2005.

2. It is hereby clarified that the OM dated 29.12.2005 does not make any distinction between persons acquiring disability before or after entering into service. An employee who acquires disability after entering into service will be entitled to get the benefit of reservation as a person with disability as provided in the instructions contained in the above referred OM from the date he produces a valid certificate of disability.

3. All Ministries/Departments etc. are requested to bring it to the notice of all establishments under their control.

Sd/-

(Krishan Gopal Verma)
Director

The language is ambiguous in the Memo and doesn't clarify that the section 47 protected employees can not be adjusted against the reserved vacancies for the disabled unless such a person is also an applicant for recruitment to the reserved vacancies (higher in rank than their present rank).

The departments have been adjusting such employees against the reserved quota of persons with disabilities from the date they produce their disability certificate. The information is never leaked out. The employee being adjusted do not raise voice for it doesn't affect them. Those who get affected are outside the system in the open market hence would never come to know about it.

I have also learnt that the Railways have been adjusting "Compassionate Ground Appointees" (disabled son/daughter/dependent family member appointed in case of death of serving/retired railway employee) against the quota of reserved posts for persons with disabilities.

This practice is wrong, unethical and should be stopped. The DoPT must clarify this issue and direct the concerned ministries and departments to implement the mandate of The Persons with Disabilities Act in right earnest.

regards

Subhash Chandra Vashishth
Advocate 


Tuesday, October 11, 2011

Lack of Accessible Accommodation at Delhi University- a major discouragement for students with disabilities

Hi,


Barrier Free Accommodation for students with disabilities in Delhi has been an issue of concern for many years now. However, there has been no organised effort from the Government of Delhi on this front. 


In the name of accommodation, several private hostels in cramped places have come up in and around the Delhi University campus to lure disabled students too, however, the facilities are far from being satisfactory.  The incidence of rape with a blind girl living in a similar hostel by the hostel owner two years ago is an example of the pathetic and unsafe situations,  that students with disabilities have to live. 


There are more than 1600 seats reserved for students with disabilities in various courses/colleges under Delhi University, however this year not even 450 were filled up. The lack of barrier free accommodation is a major discouragement and the precious seats in the University are going vacant which is a growing concern among activists. 


Here is a recent news from Indian Express that underlines the above issue and needs to be solved on an urgent basis.

regards


SC Vashishth

Physically handicapped students worst affected (to read from source click on the weblink)


Express News Service, Delhi

Among those waiting for the new under-graduate girls’ hostel to open are hundreds of physically handicapped students.
Accommodation close to their college is an important factor for physically handicapped students, and many choose against joining DU for the lack hostels.
Incidentally, DU is trying hard to encourage physically handicapped candidates to apply for admission under its reserved category. The University reserves 1,600 under-graduate seats under this category.
According to Dr Nisha Singh of DU Equal Opportunity Cell (EOC), lack of affordable accommodation is a major hurdle that discourages disabled students, especially girls from taking up admission. “The fees in most college hostels is very high, and only a few, like Ramjas college, provide concession. We would like the new hostel to be made available soon and request the University to reserve more seats for disabled students,” she said.

During admissions this year, of the 461 students who registered for admission under the PH quota in the first list of admissions, only 135 were girls.


Officials who counsel disabled students during admissions had cited lack of safe and easily accessible accommodation for girls as a major reason for the skewed gender ratio.
Out of nearly 600 students who took admission under the PH quota when admissions closed this year, only about half managed to find accommodation in college hostels.
Others were forced to depend on hostels run by the government or agencies associated to it.

Thursday, October 6, 2011

Special School for Mentally Retarded charged Commercial rates for electricity supply by BSES


Dear Friends,

We have seen a paradigm shift in the recent years especially in the way issues related to persons with disabilities are looked at. Call it a result of an awareness in the world about  disability or a very active disability community in India but we see that things are changing and many positive initiatives are in pipeline.

However, as an activist, I feel  the whole focus of disability community and hence the government is more in to laws specific to disabilities such as the Disabilities Act or the National Trust Act or the Rehabilitation Council of India Act or Mental Health Act etc.  It is an irony that several codes, enactments, rules not directly dealing with disabilities continue to use unacceptable and undignified terminologies to refer to persosn with disabilities and also discriminate against certain disabilities.

One such example that has come to my notice recently is the Supply Code and Performance Standards Regulations, 2007 (hereinafter referred to as “the Regulation”)  issued by the Electricity Regulatory Commission, in exercise of the powers conferred on it by section 50 of the Electricity Act 2003, read with sections 57, 86 and 181 of the said Act.

The Regulation in Chapter II, Para 4 a (vii) provides domestic connections to organisations working for the welfare and education of persons with disabilities. However it uses very undignified and archaic language as below:

Extract of DERC Supply Code and Performance Standards Regulations, 2007 
(to read the full Regulation please click here: SC and PS Regulations 2007)

“4. Classification of Supply  The Voltage of Supply and number of  phases shall be determined by the Licensee depending on the Contract  Demand / Sanctioned Load of the  Consumer. 


(i)Domestic Connection

a. Connections under this category are provided for consumers as specified below:
(i) Residential consumers
(ii) Hostels of recognized/aided  institutions of Municipal Corporation of Delhi or Govt. of the NCT of Delhi.
(iii) Staircase lighting in residential flats separately metered
(iv) Compound lighting, lifts and water pumps etc., for drinking  water supply and fire fighting equipment in residential  complexes.
(v) Dispensary/Hospitals/Public Libraries/School/Working Women’s  Hostel/ Orphanage/ Charitable homes run by the Municipal Corporation of Delhi or the Government of the NCT of Delhi.
(vi) Small Health Centers approved by the Department of Health, Government of NCT of Delhi for  providing Charitable Services only.
(vii) Recognized Centers for welfare of blind, deaf and dumb,  spastic children, physically handicapped persons as approved  by the Government of NCT of Delhi.
(viii) Places of worship.
(ix) Cheshire homes/orphanage.
(x) Electric crematoriums”

The said erroneous construction clearly uses undignified language and while doing so also misses  certain disabilities such Mental Retardation, Mental Illness, Low Vision, Leprosy cured, Children with Multiple Disabilities, Children with Autism and several such disabilities which have been included in The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 and The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities Act 1999.

Such a regulation is susceptible to subjective interpretation and this is proving to be true in case of Delhi based organisation, Sahan Centre for Special Education (Mental Retardation) run by Federation for the Welfare of the Mentally Retarded (India).  Federation receives grant-in-aid from the Ministry of Social Justice and Empowerment,Govt of India.

Now the officials of the Electric companies i.e. BSES are refusing to grant the Electricity supply under domestic category to those institution/schools/NGOs who are working with children with mental retardation and infact all other disabilities  which are not indicated in the Regulations. Also they insist that the institution should be recognised by Govt of NCT of Delhi. They refuse to accept an NGO for domestic connection even if it is recognised by Govt. of India and getting grants from them!

Such a fallacious reading of the regulation is entirely illegal and illogical. The erstwhile DESU (Delhi Electricity Suppy Undertaking ) did not make such a distinction and the NGOs working with children with Mental Retardation  were also given the domestic connection as per the information received. However the BSES has started charging them the commercial rate for the electric supply.

The issue has been taken up with the DERC and Govt. of Delhi. Since the Regulation is under revision, this is high time that appropriate corrections are made in the DERC Regulation as above to inlcude all disabilities to remove subjectivities that may lead to such situations.

I hope the DERC and Govt. of NCT of Delhi would take appropriate action in this regard.

Regards

Subhash Chandra Vashishth