Report of Advocacy work of AICB January-June, 2011.
In line with the core priority areas of AICB advocacy work, a number of initiatives have been taken and earlier issues carried forward during January-June, 2011. Some of these are detailed below.
1. AICB interventions to ensure the appropriate inclusion of UNCRPD provisions in the proposed new law regarding the rights of persons with disabilities:
Since the time a committee has been formed by the Ministry of Social Justice & Empowerment to formulate a draft for the new law on disability, AICB has been very active to ensure that the proposed provisions are need based reflecting the aspirations of persons with disabilities, and are in keeping with various articles of UNCRPD. In the recent months, a number of activities have been undertaken towards this end.
The Confederation provided detailed comments on almost every aspect of the proposed new law once various drafts were put forward for debate by the drafting committee. Where ever needed, reformulations, inclusions and exclusions of various clauses were suggested along with justifications. In respect of Part V of the proposed draft, an entirely reformulated and reconceived draft was provided because the Committee’s draft suffered from such omissions and errors which could not be set right by mere corrections. In addition, AICB actively participated in two state level consultations in Delhi as also helped its representatives in some states to actively participate by providing them appropriate perspectives and in-puts. Further, we were invited by the Minister, Social Justice & Empowerment for consultations on various issues including the new law.
On 21st June, 2011, AICB, along with NFB represented the concerns of the visual impairment sector to the Chairperson and many members of the committee in a long and focused meeting.
2. Combating biases and discriminations against the blind practiced by government/public sector bodies:
Though the Persons With Disabilities Act mandates 1 % reservation exclusively for the blind and the low vision, many organizations discriminate against the blind by providing reservations in employment only for the low vision. Two such instances of discriminations by major organizations have been taken up by AICB.
A case has been filed against UPSC for continuously not providing reservation for the blind in most of the Civil Services and also, for not revising medical standards in order to make them in line with UNCRPD articles. This case was first taken up in the Delhi High Court which directed that the case might first be heard by the Central Administrative Tribunal. Accordingly, the matter is now filed there.
Another such instance where reservation was provided only to the low vision had come to our attention through an advertisement issued by IDBI. This was in gross violation of RBI’s own identified list of jobs for the blind and therefore, the matter has been taken up in the office of the Chief Commissioner for persons with Disabilities.
3. Working to bring about systemic changes to benefit all persons with disabilities:
Though the focus of AICB is on ensuring the rights of the blind and the low vision, many of our advocacy initiatives help other categories of disabilities as well. Two such matters have been taken up during the recent months:
Recently, the Confederation achieved a significant milestone in its advocacy work, when, during the hearing of a case against the Reserve Bank of India in the Office of the Chief Commissioner for Persons with Disabilities, we successfully proved that RBI’s procedures to provide reservations to persons with disabilities were not in conformity with the PWD Act in many respects. Therefore, the procedures followed by the RBI were continuously working to the disadvantage of all persons with disabilities. Following our case, RBI was directed to bring their systems in conformity with the PWD Act as well as om dated 29.12.2005. Also, it was discovered that there was a backlog of 11 vacancies for persons with disabilities which RBI was asked to fill. This advocacy initiative of our has not only helped bring out systemic violations in the recruitment process of RBI, it would also ensure better employment for all persons with disabilities, because once the RBI systems are in line with the PWD Act, many more vacancies would arise every year for persons with disabilities.
Another matter relating to systemic problems concerning all persons with disabilities has been identified in Tamil Nadu and a case has been filed in the High Court there. This relates to unjust medical standards for persons with disabilities and other recruitment matters. The case has been admitted by the concerned High Court and notice has been served to Tamil Nadu Government.
4. Through AICB support, an important order has been obtained from Central Administrative Tribunal which establishes that if a vacancy is reserved for persons with disability without maintaining roster that would not be treated as a reserved vacancy.
5. As an outcome of our earlier petition a number of vacancies were advertised by the various Railway Recruitment Boards, but some stipulations, specially related to the use of scribes created hurdles for visually impaired persons. We wrote to various recruitment boards and also to the Chairman, Railway Board. Following our representations, some recruitment boards modified their provisions with regard to the use of scribes by the visually impaired as desired in our representations.
6. Unfavourable examination conditions:
On noticing that the examinations and typing/computer tests conducted by the Staff Selection Commission were not accessible for the visually impaired in certain respects, the matter has been taken up both with the concerned authorities as well as in the Office of CCPD.
7. Taking Advocacy to the Grass roots:
In the month of March, 2011, two advocacy awareness workshops were held in Fatehpur and Satna with a view to sensitize the visually impaired persons living in the rural areas as also the communities and officials there regarding various rights of persons with disabilities as well as various schemes and policies of the government. More than 200 persons benefited from these workshops.
8. Ensuring accessible travel for the visually impaired:
Though the concessions for persons with disabilities announced by the Railway Minister in the budget speech brought joy, it was soon discovered that these concessions were applicable only to the orthopaedic challenged and not for the visually impaired. AICB, along with some of its affiliates immediately sent a strong representation to the Railway Ministry following which these concessions have now been made available to the visually impaired as well.
9. A visually impaired person working in a Central Government department, was being denied promotions for more than ten years. A case was filed in the Office of the CCPD with AICB guidance and support following which his promotions have been granted to him.
10. Counseling and guidance to individual visually impaired persons in advocacy matters has continued as before.
11. AICB has also undertaken a research project to find out the efficacy of the mainstream and disability specific government schemes for persons with visual impairment. This research will be carried on 8 states. Two schemes, namely, the NHFDC schemes (which are only for persons with disabilities) and MNREGA (which is a mainstream scheme) have been identified for study.
12. The confederation’s affiliates have also been active and some of them have been in touch with AICB with regard to their advocacy work.
13. AICB has also made extensive use of the RTI to obtain information for effective action regarding various issues concerning visually impaired persons.
Major break through in AICB initiatives: RbI asked to set right its procedures
In October, 2010, the Reserve Bank of India initiated a recruitment process for 80 vacancies of Group A officers totally bi-passing reservation for the visually impaired. The ever vigilant AICB immediately filed a complaint in the Office of the Chief Commissioner for Persons With Disabilities demanding not just a fair share of the blind in the said recruitment process, but also a calculation of the backlog vacancies since 1996.
After the preliminary pleadings when the matter came up for hearing on 17th June, 2011, The RBI team consisting of many senior officials and legal experts tried to argue that they had even gone ahead of the government policies as far as providing reservations to persons with disabilities was concerned. However, Dr. Anil Aneja, Chair, Advocacy Committee, AICB, arguing the case single handed, convincingly pointed out many systemic flaws in the RBI recruitment processes which, he affirmed, were severely disadvantageous to the interests of persons with disabilities. For instance, the RBI was not maintaining a separate roster for persons with disabilities, and was arbitrarily reserving points for PWDs. Further, if a person with disability was not available for a reserved vacancy, rather than carrying forward the unfilled vacancy, the concerned establishment was filling the vacancy in reference by appointing a non-disabled person while carrying forward the reservation. As the Reserve Bank of India was not filling the vacancies reserved for PWDs by interchange (which is a clear violation of Section 36 of PWD Act and Para 16 of om dated 29.12.2005), while reservation was being carried forward, in actuality, more general candidates were getting appointed on vacancies reserved for PWDs. Also, a backlog of 11 vacancies was identified out of which four will be earmarked for the visually impaired. After a lengthy hearing, the RBI representatives admitted that their procedures were not in order and that there was actually a backlog of vacancies with regard to reservation for the PWDs.
This major break through of AICB initiatives will significantly enhance the employment opportunities for persons with disabilities in RBI in two ways:
1. As many as 11 PWDs will get employment in Group A services of RBI of which 4 will be visually impaired. Also, similar backlogs will now be worked out in respect of other groups of RBI which will no doubt create more jobs for persons with disabilities in that organization.
2. A more significant achievement of this case is that as there would now be systemic changes in the RBI recruitment processes with respect to providing reservation for persons with disabilities, and as RBI advertises a large number of vacancies in all groups every year, at times, even more than once a year, the employment of PWDs in that organization will substantially go up on a regular basis.
Government finally listens to our collective voice.
As is well known, concessions for the visually impaired in Shatabdhi and Rajdhani Express trains have been a long standing demand of the visual impairment sector. Therefore, when on 28th February, 2011 these concessions were announced, we thought that the journey’s end in this respect had finally come. A few weeks ago, with shock we learnt that it was not the case. It was brought to our attention that the concessions in the two above mentioned trains were not being extended to the visually impaired.
AICB Secretary General Mr. J.L. Kaul and many of our affiliates immediately got into action and sent a strong representation to the Chairman, Railway Board with copies to all concerned including the Railway Minister on 4th June, 2011. As a result, concessions in Rajdhani and Shatabdi express have been extended to the visually impaired from 1st July, 2011 onwards.
