K. Ela
Prodigals’ Home
“Oh, that MAD girl? What can we do? We have sent her back to her village once, she came back again. We’ll send her back again and if she comes back, let her be on the streets!” was the response from a community leader when contacted what they can do to help a girl from their own community who was rescued from the streets of Dimapur. Miss A was sleeping on the streets, begging on the streets, she was raped and abused. Have we become so unfeeling? So heartless? Have we become that inhuman? Or perhaps our problem is, we are “ignorant” that she is not “ MAD” but she is mentally ill and needs proper medical treatment. We claim ourselves to be “educated and knowledgeable leaders” with a heart for our people. Are we really so? Are we knowledgeable enough? Are we good enough? Have we got a heart big enough? She did not CHOOSE to be born in a poor and illiterate family, she did not CHOOSE to loose her mother, she did not CHOOSE to become mentally ill BUT we can CHOOSE to love, care and protect the helpless! We can also CHOOSE to be indifferent, insensitive and selfish, after all we live in a democratic country! And who is MAD anyways!
She was born to very poor parents in a remote Naga village. She lost her mother when she was small. Father remarried. From what can be gathered about her home, she didn’t have good relations at home. When asked how she landed up in Dimapur, she couldn’t say how and why but one can only imagine. She could be running away from a hostile environment at home, or a home where nobody has time for her, or where nobody could understand her needs. Maybe she was nothing but a “burden” for a poor family. In search of something, someone, maybe she simply wandered off and her family was in no position to go looking for her. It took almost about three months to trace the family and when her brother came down to Dimapur, on meeting him, I was told that she was ok till the age of 18yrs (now she is 25yrs) and then how it happened was a mystery. She was sent off to some family in another district to work as domestic help and when she came back from there, she was found to be mentally ill. I was told that they tried to treat her in their traditional way of treating this kind of problem but it didn’t work. When asked why they did not take her for treatment to a Psychiatrist, the brother said, “We live from hand to mouth; we cannot afford to take her for treatment”. Even when told there is a hospital to treat her, instant apprehension was, “we have no money”. At present she is being referred to Mental Hospital Kohima and is being treated there and hoping for improvement. She is one among many hundreds whose families are still struggling. So my concern and question to each one of us, our Naga community, and the State Government, “When the family is not in a position to take care, when the community’s response is that of indifference or even discriminatory, whose responsibility will it be to educate the “Persons Without Disability” to be aware and sensitive to the needs of the “Persons With Disability?” Do we just leave them to their fate? Do we just remain blind, deaf, dumb and crippled to our responsibilities?
There maybe many like this girl out there somewhere, someplace who needs help and perhaps with the right treatment, support, love and care, they can live a productive and full life. Can we, every right thinking, educated, informed and progressive people try to begin to do something to educate those who doesn’t have access to information and to be the means to those who doesn’t have the means to seek for help that is available for them. Maybe we all can start with our nearest neighbour. If you know someone whom you can be of help, start right there, it will make a world of difference, to you and to your neighbour!
DO YOU KNOW ?
Equal Opportunity Rights For Disabled Persons
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, rolls out a charter of rights to empower and mainstream disabled persons.
I am well-qualified, but because of my disability no one employs me. Will the act help me find a suitable job?
Q. What does the Disabilities Act provide for employment of disabled persons?
A. The Act provides the following to ensure employment for disable persons:
• 3% vacancies on identified posts in each Government establishment are reserved for disabled persons, 15 each for: (i) persons with blindness or low vision (ii) persons with hearing impairment and (iii) persons with locomotor disability or cerebral palsy.
• Carry-forward of a reserved vacancy in the next recruitment year if not filled in any recruitment year.
• Filling up of the reserved vacancy by interchange among the three categories in the next recruitment year if it remains unfilled or when a vacancy cannot be filled by a given category of disabled due to the nature of the vacancy.
• Notifications to be issued on related matter like: special Employment Exchange, Training, Health and Safety Measures, Creation of a non-handicapping environment in work-places employing disabled persons.
Q. How does the Act protect a disabled person from discrimination at work.
A. The disabilities Act prohibits the following:
• A disabled person working in any Government establishment cannot be denied promotion merely on the ground of disability.
• Anyone employed in a Government establishment who acquires a disability during his employment:
• Cannot be dispensed with or reduced in rank.
• If, after acquiring the disability, an employee is not suitable to continue on his post, he may be shifted to a suitable post with the same pay-scale and service benefits.
• Pending availability of a suitable post, a supernumerary post should be created for such a person.
Q. Does the Act provide for employment in public and private sectors?
A. the Government must announce schemes providing incentives to employers in public and private sectors which employ persons with disabilities comprising at least 5% of their workforce.
Q. Does the Act promote entrepreneurship/ownership amongst disablde persons?
A. The Act provides for preferential allotment of land to disabled persons by Government at concessional rates for building their own houses, setting up business or factories and establishing special schools, research or recreational centres.
Q. What are the goals of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995?
• To integrate persons with disabilities and to provide them with opportunities for full participation in society.
• To create a society in which disabled persons would enjoy status on par with non-disabled persons.
Q. Are all disabled people entitled to the benefits of the disabilities act?
A. The general benefits of the Disabilities Act are meant for all the disabled persons. However, the rights earmarked specially for “person with disability” are for only those affected by any of the following disabilities, to the extent of 40% or more, as certified by a recognised medical authority:
• Blindness
• Low-vision
• Leprosy-cured
• Hearing-impairment
• Locomotive disability
• Mental retardation
• Mental illness
Q. How does Disability Act set out to achieves its goal?
A. To achieve its goal, the Disability Act provides for the following:
• Education of disabled persons
• Employment of disabled persons
• Special facilities for disabled persons for use and access of public transport system, civil amenities and public buildings/places
• Preferential allotment to help disabled persons set up business and factories, build own houses, special schools and special recreational centres
• Prevention and early detection of disabilities
• Rehabilitation and social security of disabled persons
• Research and manpower development on disability issues
• Recognition of institutions for disabled persons
• Setting up of dedicated authorities at central and state level, for “coordination”, “execution” and “adjudication” with regard to implementing the Act.
Finding ways of preventing disability in the first place can save much agony. What does the Act say about that?
Q. What steps must be taken by the government for prevention and early detection of occurrence of disability?
A. Government and local authorities must:
• Undertake surveys, investigations and research on causes of disabilities
• Promote various methods of preventing disabilities
• Screen all the children at least once a year to identify ‘at risk’ cases
• Organize awareness campaigns and disseminate information for general hygiene, health and sanitation
• Take measure of pre-natal, perinatal and post-natal care of mother and child
• Educate the public through pre-schools, schools, primary health centres, village level workers and anganwadi workers
• Create awareness among the masses, through television, radio and other mass media, on the causes of disability and preventive measures.
Q. Is there any duty on the Government’s part to provide and promote education among the disabled persons?
A. Yes, to provide educations to persons with disabilities, the Government must:
• Ensure free education for every disabled persons, in an appropriate environment, till 18 years of age
• Promote integration of disabled students in mainstream schools
• For those in need of special education, promote setting up of special schools in the Government and private sectors, equip these schools with vocational training facilities and ensure that disabled students living in every part of the country have access to such schools
• For infrastructure and other support, announce schemes for:
• Transport facilities for disabled children or, in the alternative, financial incentives to parent/guardian to enable their disabled children to attend schools
• Removal of architectural barrier from schools, colleges or other institutions imparting vocational and professional training to make them accessible
• Supply of books, uniforms and other material to disabled children
• Grant of scholarships to disabled students
• Setting up of appropriate forums for redressal of grievances of parents regarding placement of their disabled children
• Suitable modification in their examination system for the benefit of visually impaired students, to eliminate purely mathematical questions
• Restructuring of curriculum for the benefit of all the disabled children, specifically for students with hearing impairment, allowing learning in only one language
• Amanuensis (scribes/writers) for visually impaired students
• To develop institutional support, set up adequate number of teachers’ training institutions and assist the national institutes and other voluntary organizations to develop teachers’ training programmes specializing in disabilities
• Make schemes in the area of non-formal education of disabled persons.
I dream of going to school like the other children… can the Disabilities Act make this dream come true for me?
Who implements the Act? Is there any special office for redressal of our grievances?
Q. Who is the implementing authority under the Disabilities Act?
A. The Disabilities Act provides for the following authorities:
• Chief Commissioner (at the central level) and state Commissioner
• Central and State Coordinator Committees
• Central and State Executive Committees.
Q. What are the powers of Chief Commissioner/State Commissioner?
A. The powers of Chief Commissioner/State Commissioner are as follows:
• The Chief Commissioner may, on his own, or on the application of any aggrieved person, or otherwise, look into complaints with respect to:
• Deprivation of rights of disabled persons
• Non-implementation of laws, rules, bye-laws, regulations, executions orders, guidelines/instructions framed for welfare and protection of rights of disabled persons
• The Chief Commissioner may thereafter take up the matter with the appropriate authorities
• The Chief commissioner shall also:
• Coordinate the work of the State commissioners
• Monitor the utilization of funds disbursed by the Central Government
• Safeguard the rights and facilities available to disabled persons
• The state Commissioners have the same powers/functions, but at the state level.
Q. What are the functions assigned to the Coordination committees?
A. The Central and State Coordinator Committee – at central and state levels respectively – must review and coordinate the activities of all Government departments and NGOs and advice the respective Government on formulation of disability – related policies, programmes, legislation and projects. They must also monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of disabled people and such other functions as may be prescribed by the Government.
Q. What are the functions assigned to Executive Committees?
A. The central and State Executive Committees – at central and state levels, respectively – must carry out the decisions of the Central Coordinator Committee and perform other functions which may be delegated to it by the Coordination Committee.
But I can’t travel in any public transport or access most buildings. What about this?
Q. What should the Government do under the Disabilities Act to prevent discrimination against disable persons in using modes of transport?
A. Government establishments related to the transport sector must:
• Adapt rail compartments, buses, vessels and aircraft for easy access and used by disabled persons
• Adapt toilets in rail compartments, ships and other vessels, aircraft and waiting rooms for the convenience of wheel-chair users.
Q. What should the Government do under the Disabilities Act to prevent discrimination in use of roads by disabled persons?
A. The Government must provide for:
• Auditory traffic signals, engraving on the surface of zebra crossings and on the edges of railway platforms to assist visually impaired persons
• Slopes in pavements for easy access of wheel-chair users
• Appropriate symbols of disabilities
• Warning signals at appropriate places
Q. What should the Government do under the Disabilities Act to enable disabled persons to access public buildings?
A. The Government must provide the following in public buildings:
• Ramps in all public buildings, especially in hospitals, primary health centres and other medical care and rehabilitation centres
• Adapted toilets for wheel-chair users
• Braille symbols and auditory signals in lifts
Q. What should the Government do under the Disabilities Act ‘social security’ and ‘rehabilitation’ of disabled person?
A. The Government must:
• Frame schemes for payment of ‘unemployment allowance’ to disabled persons registered with the Special Employment Exchange for more than two years but still unemployed
• Issue notification framing ‘insurance scheme’ or ‘security scheme’ for its employees with disabilities
• Undertake ‘rehabilitation ’ of all disabled persons to enable them to reach and maintain optimal physical, sensory, intellectual, psychiatric or social functional levels, including providing aids and appliances.
What can I do?
Q. What must a disabled persons do to enforce the rights created under the Disabilities act?
• Make representations to the concerned Government and/ or the concerned establishment, if there is deprivation or violation of any right provided under Disabilities Act
• If there is no response or if the response is negative/inadequate, approach the concerned Commissioner of Disabilities
• Alternatively, file a Writ Petition under Articles 226 of the Constitution of India., in the concerned High Court
• If there is any violation of a Constitutional right also, of national importance, file Writ Petition under Article 32 of the Constitution, before the Supreme Court.
Q. What can be done against violation of the rights under the Disabilities Act, that affect an entire group of disabled persons?
A. In such cases, a disabled person or a group of disabled individuals or even a concerned NGO or any organization working for disabled persons, may, on behalf of the affected group or class, initiate Public Interest Litigations (PILs) in the High Court or, where it is also amounts to violation of Constitutional rights of national importance, in the Supreme Court. For instance, PILs may be initiated on issues regarding education and/or employment of disabled persons, use and access in public transport system, civic amenities, public buildings, or the like, which affect and benefit more than one disabled person.
Special laws for persons with disabilities
• All the persons in the country are entitled to equal rights and equal protection of laws under Article 21 of the Constitution of India. This is also applied to persons with disabilities.
• In exercise of this right, at any time, a disabled person can approach the court if he faces any unreasonable/arbitrary discrimination based on his disability.
• The Constitution, however, permits ‘positive’ discrimination and hence special laws can be passed for creating rights and reservations in favour of disabled persons, to enable them to bridge the gap with non-disabled.
The ‘special laws’ for disabled persons are
• The person with Disabilities (Equal opportunity, Protection of Rights and Full Participation) Act, 1995 (in short, referred to as ‘Disabilities Act’ or ‘the Act’ hereinafter)
• The National Trust for Welfare of Persons With Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1995
• Rehabilitation Council of India Act, 1992
• Mental Health Act, 1987
(Courtesy: Human Rights Law Network, New Delhi)
