Annual Report 2007-2008

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Annual Report 2007
-
2008


Office of the Chief Commissioner

for Persons with Disabilities

Ministry of Social Justice &

Empowerment

Government of India

New Delhi
Contents

CHAPTERS

I

Action Plan and Initiatives

1


II

Redressel of Grievances


10

III

Implementation of Persons with

IV

Disabilities Act by Central Ministries

and States/UTs


21

V

Monitoring Utilisation of Funds




96

IV

Recommendations


99


APPENDICIES

I

Status of
Implementation of the Persons


with Disabilities Act 1995 in States/UTs




101



II


List of Commissioners for Persons with



Disabilities in the States/UTs


120




III

Status of issuance of Disabilities


Certificates in the
States/UTs


125





IV

Disability Pension Schemes in States/UTs



126



V

Unemployment Allowance Schemes in


States/UTs


131



VI

National Handicapped Finance and Development Corporation

134


VII

Organisation/Institutes of MSJ&E in


Disability Sector


144



VIII

List of Special Employment Exchanges


for Physically Handicapped


150


IX
List of VRCs


152



X


List of names and addresses of Member


Secretaries of St
ate Legal Services

Authorities




154






XI

Newspaper Clippings


159




XII

Organisation Chart


165



Chapter 1

Action Plan and Initiatives


Action Plan for the year 2007
-
08


PROSPOSED
ACTIVITY

STRATEGY


Awareness and
Convergence

-
Four seminars on disability issues in convergence
with National Trust, RCI, NIs will be held in
different parts of the country.

-
Liaison with media will be maintained
for telecasting/publishing programmes on disability
issues.

-
Compilation and publication of the Judgements and
Orders of Chief Commissioner for Persons with
Disabilities.

-
Design & development of suitable MIS & a
website based information system for displaying
the status of cases/queries, orders o
n the cases, on
line information on the activities of the O/o CCD

-
An accessible and interactive website O/o CCD
will be developed and efforts will be made to link it
to the State Commissioners, Disabilities and the
districts under the scheme submitted for

strengthening the office of CCD.

Prevention and
Early Detection

-
Ministry of Health will be asked to undertake
immunization against rubella.

-
Ministry of Human Resource Development and
State Education Departments will be asked to
include simple
methods of early detection of
disabilities in the school text books.

Education

-
Ministry of Human Resource Development and
State Education Departments will be asked to
provide atleast one Special Educator in every school
in a time bound manner.

-
All the S
tate Education Departments will be asked
to modify curriculum as per the needs of children
with disabilities.

-
Ministry of Human Resource Development will be
asked to provide for flexibility in the education
system to promote inclusion of children with
dis
abilities in the mainstream schools.


1


PROSPOSED
ACTIVITY

STRATEGY



-
Ministry of Human Resource Development/
University Grants Commission will be asked to
expedite development and circulation of
guidelines for provision of various facilities such
as
scribe to students with disabilities in
examinations.

-
O/o CCD will continue to take up suo
-
motu cases
for reservation of seats for persons with
disabilities in educational institutions.

Employment

-
State Govts. will be asked to adopt the
instructions of
DOP&T for implementation of 3%
reservation to ensure uniformity.

-
Central Govt. Departments, PSUs and State
Govts. will be asked to calculate backlog since
1996 and conduct special recruitment drive to fill
the backlog.

Barrier Free
Environment

-
Ministry
of Urban Development will be asked to
update the guidelines on creating barrier free
environment and ensure accessibility to Central
Govt. offices.

-
A Guide Book on Creating Sporting &
Recreational Activities for Persons with
Disabilities in the National I
nstitutes and other
such institutes will be prepared and the concerned
institutes will be asked to develop the facilities to
promote sports activities amongst persons with
disabilities.

Monitoring of
Utilisation of
Funds

-
Monitoring teams as proposed in
the scheme for
11th Five Year Plan will be formed and
monitoring will be carried out in 10 to 12 States
during the year.

Grievance
Redressal

-
10 to 12 Mobile Courts and review meetings to
review implementation of various provisions of
the Act will be orga
nised.

-
50% pending cases will be disposed of.

-
Workshop of the State Commissioners with legal
experts for discussing/sharing experiences,
problems & other issues related to implementation
of quasi
-
judicial functions of CCD/Commissioners
will be organized.

Functioning of Chief Commissioner for

Persons with Disabilities


COORDINATION OF THE WORK OF COMMISSIONERS AND
REVIEW OF IMPLEMENTATION OF THE ACT

1.1

The role of Chief Commissioner to review implementation of various
provisions of the Act and
coordination of the work of the State

Commissioners
for Disabilities is very crucial. In order to perform these functions within the
constrains of extremely limited human and other resources, the Chief
Commissioner and the Dy. Chief Commissioners reviewed
the status of
implementation at State and District level. Most of the time


2
these activites were combined with the other activities such as mobile courts and
monitoring. It is also done annually by organizing Annual National Meetings of
the State Commios
sioners, Disabilities, which is focused on review of the
implementation of the Act in the States/UTs, development of strategies for better
implementation, sharing of best practices and the road map for activities of the
Commissioners and through them of co
ncerned departments to be undertaken
during the following year. Based on the status reports submitted by the
Commissioners and their presentations during the meeting, the level of
implementation of the Act in the States/UTs is graded during the meeting.

St
ate visits by CCD & Dy. CCD

1.2

During the reporting year, the Chief Commissioner and Dy. CCD visited
Bihar, Karnataka, West Bengal, Andhra Pradesh, Kerala, Madhya Pradesh,
Mizoram, Meghalaya, Assam, Tamil Nadu and Uttar Pradesh. In the meetings
with State Gov
ernment officers, status of implementation of various provisions
of Persons with Disabilities Act and the schemes of different Government
Departments for the benefit of persons with disabilities was reviewed.

1.3

After such review meetings, the District Collec
tors and officers of various
departments have become more sensitive and are giving more thrust to the issues
concerning persons with disabilities. Almost all the District Collectors with
whom CCD/Dy. CCD interacted, have earmarked separate time/day exclusi
vely
for redressal of grievances of persons with disabilities.

1.4

During the Mobile Courts and review meetings, it was observed that only
21.88% of persons had been issued disability certificates. Therefore, show cause
notices were issued to Chief Secretarite
s of the States for expediting issue of
disability certificates.

Compliance of mandatory provision for reservation of 3% funds in poverty
alleviation schemes was also very poor across the country. This was taken up
with Secretary, Ministry of Rura
l Development. Similarly, inadequate
implementation of various provisions of the Act was also taken up with other
Ministries /organisations and the State Governments. As a consequence, the
concerned Ministries and State Governments initiated effective acti
on and issued
instructions that are expected to improve the overall status of implementation.

Seventh National Meeting of the State Commissioners for Persons with
Disabilities

1.5 The Seventh National Meeting of the State Commissioners to review
implementation of Persons with Disabilities Act was held on 15
-
16 February,
2008. 26 States/UTs participated and made presentations on the status of
implementation of the Act in their respective States/UTs which formed the basis
of comparative assessment a
longwith the status reported by them to the O/o
CCD. The States & UTs were grouped in three separate categories viz. Union
Territories, North Eastern States & Sikkim and rest of the States for the purpose.
The first three positions secured by the UTs and S
tates in their respective groups
are as under:



States/UTs

Position


I

Among UTs

Puducherry
Daman & Diu
Chandigarh

First

Second

Third

II

Among North
Eastern States

Mehalaya &

Arunachal

Pradesh

Mizoram &

Tripura

Sikkim

First

Second
Third

III

Among other

States

Karnataka UP &

Tamil Nadu
Gujarat & Goa

First

Second

Third


3
1.6 After extensive deliberations, the following recommendations were made:

1.
Strengthening of the Offices of Chief

Commissioner and the State

Commissioners should be expedited.

Action
: MSJE, Social Welfare

Departments of States/UTs

2.
Provision for legal assistance to

Persons with Disabilities in the

office of CCD and offices of the

State Commissioners, Disabilities

should be made by appointment of

a panel of consultants

Action : MSJE a
nd Welfare Departments of the State Governments/UTs.

3.
All the State Govts. Should

consider replication of the best

practices in other State Govts. And

UT Administrations.

Action : Concerned Commissioners, Disabilities

4.
Amendment to Persons with

Disabilit
ies Act should be

expedited and Commissioners

should be given more legal and

financial powers. They should be

declared as Heads of the

Department

Action : MSJE, Welfare Departments of State Govts./UTs

5.
Targets set for issue of disability

certificates shou
ld indicate

percentage of persons covered rather

than in absolute numbers. Untill all

the persons with disabilities are

covered, arrangement should be

made to issue disability certificates in

campaign mode.

Action : Health Departments of the States,
Commissioners Disabilities

6.
All the states should accept Identity

Cards and Disability Certificates

issued by other State

Governments/Medical Boards as a


single instrument for availing

benefits given by various authorities.

Demand of various departments for separate certificate should be stopped.

Efforts should also be made to issue multipurpose Smart cards to persons with
disabilities.

Action : MSJE, Social Welfare Departments of the State Governments/UTs.

7.
Scheme for Heal
th Insurance for all

persons with disabilities as

recommended in the 5th meeting of

the State commissioners for all

persons with disabilities should be

expedited.

Action : MSJE

8.
Each State should ensure Block

Guarantee for NHFDC loans and set

a minimum ta
rget for utilization of

NHFDC's funds. Mechanism for

recovery of the loans should also be

put in place.

Action : Social Welfare Departments of the States, Commissioners. Disabilities

9.
Commissioners should make special

efforts to calculate and clear the

backlog vacancies since 1996. They

should issue notices to the

concerned Departments of the State

Govt. wherever needed. CCD/SCDs

should give direction to the Central

Govt. /State Govts to conduct special

recruitment drive for filling up

backlog reservatio
n for persons with

disabilities.

Action : O/o CCD/State commissioners, Disabilities

10. As one of the important functions of the Commissioner is to monitor the
funds, a copy of the sanction letter for grant to the voluntary organizations /
institutions / S
tate Govt. Departments issued by the Ministry of Social Justice
and Empowerment, National Trust, National Institutes, Ministry of Human
Resources Development, Ministry of Housing & Urban Poverty Alleviation,
Ministry of Rural Dev
elopment etc.
should be


4
endorsed to the concerned State commissioner, Disabilities to enable him/her to
coordinate with the concerned Departments / organizations and effectively
monitor utilization of the disbursed funds.

Action : MSJE, NT, NIs, MHRD, MH & UPA, MRD

11.

Commission
ers should examine the

utilization of funds under all poverty

alleviation schemes of the State by

30.06.08 and seek information from

the concerned departments. If

required, show cause notices

should be issued
within one month

thereafter.

Action : State com
missioners, Disabilities

12.

A National Programme for

prevention of Mental retardation

should be launched throughout the

country by MOH&FW.

Action : MSJE, CCD & MOH &FW

13.

Necessary directions should be

issued to ensure that police staff take

the
wandering mentally ill persons to

the mental hospital or any other

hospital in the city/district for

treatment. A 24
-
hour helpline for

this purpose should be provided

which should be announced and

publicized regularly.

Action : Home Secretaries of all Stat
es and State Commissioners, Disabilities

14.

Use of electronic media for

awareness should be encouraged.

Flex boards should also be installed

on long distance buses for creating

awareness.

Action : MSJE and Welfare Departments of the State Governments/UTs.

15.

All Govt. websites should be made

accessible to the persons with

disabilities.

Action : MSJE and Welfare Departments of the State Governments/UTs

16.

Teachers' Training modules should

include training in Braille.


Action : MHRD, RCI, Education
Department of State Governments / UTs

17. Vocational Training centres should be opened in each district for
employability of persons with disabilities.

Action : Education and Labour Departments of State Governments / UTs


Convergence of Resources

1.7
As
always, the office of Chief

Commissioner gave highest

importance to
convergence of

resources across sectors and

geographical regions. During the

reporting year, involvement of

stakeholders including apex

orgaisations/ institutions of

Ministry of Social
Ju
stice &

Empowerment and other

Ministries was raised beyond mere

participation in workshops,

conferences etc. They are expected

to take responsibility in

implementing
decisions and

advocate for the rights and

entitlements of persons with

disabilities.

Aware
ness Raising

1.8

Considering the limited awareness

about disability issues,

particularly
about the schemes

and programmes for the benefit of

persons with disabilities of various

Ministries/Departments of Central

Govt. and the State Govts., the

frequency of

review meetings of

Chief Commissioner/Dy. Chief

Commissioner at district
level was

increased. In all such meetings

concerned

officials

at

district/block
level of different

departments were called to

participate. Wherever necessary,

representatives from No
n
-
Governmental Organisations

working in disability
sector and

parents of persons with disabilities

were also invited for interaction.

5
The office organized regional workshops/seminars on Disability Issues including
a workshop on Skill Development for
Inclusive Rural Development. The office
of Chief Commissioner disseminated information through interviews in news
papers and magazines, phone
-
in
-
programmes telecast by All India Radio and
discussions in television programmes. Regular interaction and dissem
ination of
information to the media encouraged it to give fairly good coverage to different
disability issues.

1.9

Distribution of formats with information on issues on which the
complaints can be filed during the Mobile Courts has also contributed
considerabl
y in creating awareness about rights of persons with disabilities and
availability of the mechanism for redressal of their grievances. This has
particularly impacted the population in rural and remote areas where joint Mobile
Courts of Chief Commissioner a
nd State Commissioners were organized. This
method is also very economical. It has set models for the State Commissioners to
replicate and helped in creating realization amongst officials of their duty and
role in implementing various provisions of the Act

and policies concerning their
departments.

Workshop on Safeguarding the rights of Persons with Disabilities
-

Issues.
Powers & Procedures

1.11

Over the years a need for interaction

amongst Commissioners and

between the Commissioners and the

Jurists was fe
lt to understand the

procedures
for execution of the

powers with reference to the issues

that are brought before the

Commissioners.
Often, seemingly

conflicting interests of different

government departments and the

Commissioners
create problems for the lat
er to perform their quasi
-
judicial functions. Some of
the courts have commented upon the powers of the Chief Commissioner and the
State Commissioners in connection with the directions issued to the concerned
departments. A number of such concerns required
clarity to ensure that the
actions and the decisions of the Commissioners are legally sound and in
conformity and intent of the socially beneficial Act.

1.12

With the above objective in view, a Workshop on Safeguarding the rights
of Persons with Disabilities
-
I
ssues, Powers & Procedures was organized in New
Delhi on 17th October, 2007. Justice J.S. Verma, Former Chief Justice of India
and Chairman, NHRC inaugurated the workshop and gave a detailed account of
the powers of the State Commissioners and the procedur
e to execute the orders.
Lawyers of the Supreme Court and Delhi High Court were other resource
persons.

1.13

At the end of a day long workshop, inputs for development of a handbook
for the Commissioners became available which was later compiled in the form of
a

booklet.

Regional Seminar on Disability Issues

1.14

A Regional Seminar on 'Disability

Issues' for sensitization of policy

makers and implementers in the

government and non
-
government

sector and
creating awareness

amongst them was organized at

Shillong on
1st November,
2007.

Participants from government and

non
-
government organisations from

seven North
-
East States and Sikkim

attended
the Seminar. Heads of apex

organisations in the disability sector

i.e.
Rehabilitation Council of India,

National Trust, NHFDC

and National

Institutes
were invited so that the

participants from the North
-
East

could get their doubts cleared and



6
understand the procedure to avail benefits for persons with disabilities of their
respective States under various schemes of the
Ministry.


Employment

Seminar on Skill Develoment of Persons with Disabilities for Inclusive Rural
Development

1.15

Nearly 75% of the persons with

disabilities live in rural areas. Most of

them belong to the poorest strata of

the society. Although the
persons

with
Disabilities (Equal Opportunities,

Protection of Rights & Full

Participation) Act, 1995 provides for

reservation in
all poverty alleviation

Schemes of the Govt. for economic

empowerment of
persons with

disabilities, their participation in such

schemes is grossly inadequate
which

is little over 1%. Consequently, they

are being deprived of their rights and

the entitlements. Prima
-
facie, the

reasons
for poor paticipation include:

(i)

Lack of opportunities

(ii)

Lack of required skills

(iii)

Lack of

training for development of

required skill, both for skilled as well

as unskilled jobs

(iv)

Lack of confidence among persons

with disabilities

1.16

Attitudinal barriers amongst the stakeholders such as persons with
disabilities themselves and their families
who are apprehensive of their abilities,
Govt. Officials who do not take the required initiatives and the civil society
which often ignores them contribute to their poor participation.

1.17

In the above backdrop, a Seminar on 'Skill Development of Persons with
Disabilities for Inclusive Rural Development' was organized at Panchkula,
Haryana on 14th March, 2008 to deliberate and come up with some workable
solutions. Govt. officials and NGOs involved in implementation of poverty
alleviation schemes and those in di
sability sector, the Village/Panchayat Level
representatives of the people like Gram Pradhans, persons with disabilities
themselves and their parents from Chandigarh, Punjab, Haryana, Himachal
Pradesh, Jammu & Kashmir participated in the seminar. Resource
Persons from
establishments in the Govt. and outside the Govt. involved in implementation of
schemes, development of curriculum and imparting training presented the papers.
Representatives from Ministry of Rural Development and CAPART, the two
most importa
nt Stakeholders could not be available to make their presentations.
The following recommendations were made in the Seminar:

1.

Active involvement of PwDs, their

parents and NGOs for designing,

planning, implementing and

monitoring policies at Panchayat,

Bl
ock, District, State and National

level should be ensured. This should

be based on bottom up rather than

top down approach.

(Action : M/o Rural Development)

2.

Inclusion of persons with disabilities

in various activities in the rural

economy should follow
the following

sequence:

-
Identification and listing of activities involved in various poverty alleviation
schemes in the rural economy and agro
-
based self employment ventures;

-
Identification of activities suitable for different categories of persons with
disabilities;

-
Development of training modules and methodology for imparting training to
persons with disabilities to equip them with required skills to perform the
activities identified suitable for them;

-
Identification of training institutions for
imparting training;

-
Linkages between training institutions and various implementing agencies so


7
that trained people get absorbed under the schemes or elsewhere in the
employment market..

(Action : M/o Rural Development, M/o Social Justice & Empowerment
)

3.

Concerned Ministries/Departments

should make it mandatory that not

less than 3% of funds are utilized

for persons with disabilities/ 3% of

the beneficiaries are persons with

disabilities in all poverty alleviation

schemes. Implementing agencies

should

be made accountable to

ensure this. Non
-
compliance

should be promptly pointed out and

appropriate action under the law be

taken against the implementing

agencies.

(Action : M/o Rural Development, M/o SJE, CCD, SCDs)

4.

Every Self Help Group (SHG)

should i
nclude certain percentage

of persons with disabilities.

(Action : M/o Rural Development, CAPART)

5.

Seminars/workshops on disability

orientation programmes should be

organized for Panchayati Raj

Institutions and Block and District

level administration
officials for

creating awareness amongst them.

(Action : M/o Rural Development,

M/o SJE, M/o Panchayati Raj)

6.

It should be made mandatory for the

DRDAs to reserve 3% of the training

funds for providing training to

persons with disabilities for skill

deve
lopment to improve participation

in poverty alleviation schemes and

utilisation of loans through National

Handicapped Finance and

Development Corporation and banks

for self employment.

(Action : M/o Rural Development, M/o SJE, NHFDC)

7.

Panchayats should
be made aware

about the measures for inclusion of

persons with disabilities in rural

development scheme. They should be trained so
that they act as linkages between the persons with disabilities and the policy
making and implementing agencies. M/o SJE shou
ld coordinate with the
concerned Ministries.

(Action : M/o SJE, M/o Panchayati Raj, M/o Rural Development)

8.

Skill specific training should be

identified considering the type of

activities involved in various

schemes. Emphasis should be on

imparting non
-

conventional skills.

(Action : M/o SJE)

9.

The training proposals should be

submitted to the Ministry concerned

directly with copy to the State Govt.

with the recommendations of the

officials of the implementing

department. Training should be

imparted by
involving NGOs working

at village level.

(Action : M/o Social Justice and Empowerment, M/o Rural Development)

10.

Impact Assessment of training

should be done through proper

surveys for calculating the

productivity per unit investment

and/or productivity p
er person.

(Action : M/o Rural Development, M/o SJE)

11.

Awards / rewards for recognizing good

work done by individuals/

NGOs/Institutions and Govt Officials

should be instituted.

(Action: M/o Rural Development, M/o SJE)

12.

Sheltered Workshops for persons

with mental retardation and cerebral

palsy should be established for

training them in various skills.

(Action : M/o SJE, National Trust)

13.

The concerned Ministry /Departmen

should ensure Convergence among

Agricultural Universities, CAPART,

CRRID, NITTTR

and other such


8
organizations in formulating the schemes and implementation.

(Action : M/o Rural Development, M/o SJE)

To develop a model for implementation, a committee drawn from M/o Rural
Development, CAPART, M/o SJE, O/o Chief Commissioner for Perso
ns with
Disabilities, National Institutes, NITTTR, National Institute for Rural
Development, CCS Haryana Agriculture University, Hissar, Ashagram Trust,
Barwani should be constituted.

(Action : O/o CCD)

Barrier Free Environment

Review and updation of Guide
lines on Accessibility

1.18

Sections
-

30(b), 38(1 )(b) and 44 to 46 of the Persons with Disabilities
Act, 1995 relate to ensuring accessibility to Schools, work place, transportation
by road, rail, air, waterways and other public places for persons with disabi
lities.
These provisions need to be backed by exhaustive guidelines.

1.19

Ministry of Urban Development published 'Guidelines and Space
Standards for Barrier Free Built Environment for Disabled and Elderly Persons'
in 1998. Office of Chief Commissioner for
Persons with Disabilities also
developed and published guidelines titled 'Planning a Barrier Free Environment'
in 2001 which included the developments that had taken place in the area of
accessibility.

1.20

While the above publications have proved very useful f
or creating
awareness and help organizations to design and build accessible constructions, it
was considered that these should be reviewed and updated in view of
technological developments and experience of user groups, implementing
agencies and experts. O
/o CCD has therefore constituted a committee consisting
of representatives from Ministry of Urban Development, Town &

Country Planning Organisation, Bureau of Indian Standards and the experts in
the field and has sent a proposal to Ministry of Social

Justice & Empowerment
and Ministry of Urban Development for undertaking the task.

Guidebook on Creating Sporting and Recreational Activities for Persons
with Disabilities

1.21

Considering that physical fitness is important for all human beings
irrespective of
age and physical disability, a guidebook on creating accessible
sporting and recreational activities for persons with disabilities was prepared and
published for the first time in the country. The purpose of the book is to serve as
a guide for people invol
ved in planning, designing, construction, management
and maintenance of inclusive sporting and recreation facilities. This will be
useful particularly for the National Institutes under the Ministry of Social Justice
& Empowerment, the sports organisations,

universities, colleges, schools and
social organisations to initiate action for creating inclusive sports facilities.

1.22

The guidebook has been sent to the concerned Ministries/Departments in
Govt. of India, State Govts., Sports Organisations/Federations and

NGOs running
schools for children with disabilities.

Building Bye
-
Laws

1.23

Office of CCD regularly persued with

the State Governments for
amending

the building bye
-
laws. As a result, 19

States/UTs (Bihar, Chandigarh,

Chattisgarh, Dadra & Nagar Haveli,

Daman & Diu, Delhi, Gujarat,

Himachal Pradesh, Jharkhand,

Karnataka, Kerala, Madhya Pradesh,

Maharashtra, Meghalaya, Puducherry,

Rajasthan, Tamil Nadu, Tripura &

Uttar Pradesh) have either amended

the building bye
-
laws or issued

instructions for ensuring a
ccessible

features in the constructions.



9
Chapter
II


Redressal of Grievances


The Chief Commissioner for Persons with Disabilities under section 59 of the
Persons with Disabilities Act is mandated to redress the grievances related to
deprivation of
rights, non implementation of laws, rules bye
-
laws etc. issued by
the appropriate government of persons with disabilities. For the purpose, Chief
Commissioner has been empowered with powers of Civil Court under section 63
of the Persons with Disabilities A
ct. The office receives
complaints/representations on variety of subjects relating to non implementation
of rules /regulations; discrimination and harassment; denial of benefits and
civil/criminal offences against persons with disabilities. A large number
of
organizations and persons with disabilities also seek clarifications. Depending
upon whether there is violation of any provision of the Act or of any law, rules
and regulations etc. made for the benefit of persons with disabilities, office of the
Chief
Commissioner either takes up with the concerned authorities and resolves
through conciliation, advice or issues show cause notices under Section 59 of the
Act. Quasi judicial proceedings are conducted which are concluded by passing
judgments and orders wit
h direction/advice to the concerned authorities.

2.2 By exercising quasi
-
judicial powers vested in Chief Commissioner for
Persons with Disabilities, grievances of many aggrieved persons with disabilities,
their families and NGOs have been redressed. In add
ition, the O/o CCD on its
own initiatives has registered complaints/cases against establishments whose
action tantamount to violation/non
-
implementation of statutory provisions and
administrative arrangements meant for persons with disabilities. To facilit
ate the
process, the office has developed a comprehensive format of notice to show
cause, which gives brief facts, the position of law, the violation committed and
also the course of remedial action for the respondent organizations.

2.3

Such interventions
have resulted in

increased awareness and

understanding about the disabilities,

the responsibilities of the

establishments
towards persons

with disabilities and the mechanism

of extending reservation/
relaxations

amongst Govt. and Public Sector

Undertakings
. The observations and

directions of the Chief Commissioner

have also been instrumental in

bringing about major changes in

policies like provision of

ramps/escalators in
overhead

bridges and subways, and

introduction of low floor buses in

Delhi; relaxation

of
marks at par

with SC/ST irrespective of vertical

categories to all persons with

disabilities;
extension of facilities of

scribe to persons other than visual

disabilities, etc.

Grievance Redressal at the office of the Chief Commissioner :

2.4

The Office

of the Chief Commissioner

since its inception in October
1998,

has taken up 12169 matters either on

own initiative or on the basis ofcomplaints /
representations received

in the office. In the year 2007
-
08,

1178 cases were
registered out of

which 227 were

suo
-
motu i.e. initiated

on its own accord by the
O/o CCD.

The cases relate to a range of


issues

like non extension of

reservation/relaxation

in

employment/education; unfair

c
selection; promotion, transfers, denial

of service benefits and other service


1
0
related matters; improper infrastructure for education, writing of exams;
harassment, Civil/Criminal disputes; accessibility related issues; denial of cheque
books/ATM cards; preferential allotments of land, petrol pumps etc. The broad
category of cases
received in this office during 2007
-
08 is given in Table 2.1 and
Fig.
-
2
-
1. In addition 452 pending matters from previous years were examined for
appropriate action.


Broad Category

No. of cases Registered

Employment


373.

Service matters

209

Harassment
/ Discrimination

56

Educational

matters

67

Preferential Allotments

38

Disability Certificate/ID Card

57

Benefits of scheme

51

Conduct of exam

22

Accessibility


20

Property disputes

11

Loan related

matters

11

Cheating


8

Criminal offences

7

Miscellaneous

248

Total


1178




Employment


Miscellaneous


Service matters


Harresment/Discriminati

■Educational matters

O Preferential Allotments


Disability Certificate/ID Card


Benefits of scheme


Conduct of exam


Accessibility


Property disputes





Loan related matters


cheating


Criminal offences


Fig 2.1 Types of cases registered
In
year 2007
-
08


2.5

To improve the functioning of the office

and to have systematic
information

about the complainants/representations

received, action taken, case history e
tc.,

computerization of complaints and

designing of database & system of

queries & reports was undertaken. The

process also involved streamling/

reorganization of the work of GrievanceDivision so as to make it compatible for

use through Data Management sys
tem& informing the status to the

complainants.

Reaching the Unreached
-

Mobile Courts

2.6

Because of lack of awareness and poverty in general and mobility in
particular, persons with disabilities from smaller towns, villages and remote areas
cannot reach Delhi
or the State Capitals To ensure access to grievance redressal
mechanism under the Act, the Chief Commissioner for Persons with Disabilities
undertook to organize Mobile Courts in state capitals and district headquarters
alongwith the concerned State Commis
sioner, Disabilities. These Joint Mobile
Courts of Chief Commissioner and the State Commissioners, Disabilities in
different parts of the country have proved very useful. Officers of concerned
departments, such as Social Justice, Education, Rural Developme
nt, Transport,
Health, Personnel, Public Works Department, Panchayati Raj and District
Collectors, etc. are called at the venue of Mobile Courts to facilitate redressal of
grievances on the spot.

2.7

Information about the date and venue of the Mobile Courts is

advertised
through news papers, distribution of handouts at strategic locations such as
Railway Stations, Bus Stations, District Courts, Treasury Offices and through
government officials and NGOs well in advance. A very simple format for filing
complaints

is also circulated.


11
On the appointed day, persons with

disabilities or their representatives

submit
their complaints. Thosewho cannot write are helped by the

staff of office of CCD
and State

Commissioner, Disabilities to draft

their complaints. Such
complaints

are registered and heard by the

Chief Commissioner and the

Commissioner,

Disabilities.

Availability of
concerned officers of the district in the Mobile Courts helps in passing orders
immediately. In most of the cases, orders are handed over to t
he complainants by
end of the day or are dispatched later. The concerned authorities are asked to
comply within a stipulated period generally not exceeding 30 days.

In order to ensure optimum utilization of limited resources at the disposal of
office of CC
D, at most of the places where Mobile Courts are convened,
CCD/Dy. CCD also review implementation of various provisions of the Act,
schemes and programmes of Central and State Governments at district as well as
at State level. The issues raised during the
Mobile Courts are taken up with the
district level officers at the venue of the Mobile Court itself for better
implementation of the schemes. Thereafter a review meeting with the
Secretary/Principal Secretary level officer of the State is taken followed by

a
meeting with the Chief Secretary/Chief Minister. This is done with a view to
create awareness about the gaps and issues that need attention at policy and
implementation level. This has proved economical and more effective.

2.10 During the reporting year
, 11 Mobile Courts in Bihar, Madhya Pradesh,
Mizoram, Meghalaya, Assam and Tamil Nadu were conducted. The details are
shown in Table 2.2


Table 2.2 : Number of matters taken up during mobile court in year 2007
-
08

Sl.No.

State/Place

Date

No. of Cases


1.

2.

3.

Bihar

Bodhgaya

Muzaffarpur

Patna

28th April, 2007 30th April,
2007 2nd May, 2007

880

603 2033 550


4.

5.

6.

Madhya Pradesh

Chhatarpur (Khajuraho)

Panna

Bhopal

18th August, 2007 10th
September, 2007 12th
September, 2007

91

142
427 194


7.

Mizoram

Aizawl

29th October, 2007

34


8.

Meghalaya

Shillong

31st October, 2007

45


9.

Assam

Guwahati

3rd November, 2007

724


10.

Tamil Nadu

Trichy Chennai

4th & 5th January, 2008 7th
January, 2008

462

216 678


12
2.11

As
illustrated in Table 2
-
3, the nature of cases in mobile court is generally found
to be different from those received in the office of the Chief Commissioner.

[
Table 2.3
:

Nature of cases in O/o CCD & Mobile Courts


Nature of cases

In the O/o
CCD

In mobile
courts

Employment

38%

19%

Education

6%

1%

Service Matters

15%

7%

Harassment

8%

4%

BFE

2%

1%

Dis. Pen, DC,
benefit under
pov.allevatio n
schemes etc.

6%

45%

Misc.

25%

23%
]

2.12 Mobile Courts have also resulted in an increase in the representations
received by the State Commissioners (table 2.4)



[
Table 2.4 Grievance Redressal : Status in the States before and during the
Mobile Court


Stat / UT

No. of cases handled by
SCD

No. of cases in
mobile

courts


Chandigarh

6

42 (in 1 day)

Haryana

30

41 (in

1 day)

Punjab

44

61 (in 1 day)

Jharkhand

20

278 (in 2 days)

Sikkim

01

88 (in 2 days)

Bihar

Info. not available

2033 (in 3 days)

Madhya
Pradesh

40

427 (in 3 days)

Mizoram

Info. not available

34 (in 1 day)

Meghalaya

Info. not available

45 (in 1 day)

Assam

Info. not available

724 (in 1 day)

Tamil Nadu

85

678 (in 2 days)
]


13
2.13 As illustrated in Table 2.5 and Figure 2.2 the work of the office of the Chief
Commissioner has also increased manifold since start of mobile court. While all
efforts are
made disposed of the cases expeditiously, 950 cases remained pending
at end of March, 2008.

Table 2.5 List of complaints received (including suo
-
moto matters), disposed
&

carried forward since inception


Table 2.5 List of complaints received (including suo
-
moto matters).

Disposed & carried forward since inception


Year

Matter
received
& taken
up
(including
suo
-
motu)

Complaints
in Mobile
Courts

Cases
Disposed

Carried
forward

1998
-
99

65


12

53

1999
-
00

476


355

174

2000
-
01

944


803

315

2001
-
02

4586

2386

5917

1370

2002
-
03

427


1409

388

2003
-
04

534


718

204

2004
-
05

970


977

197

2005
-
06

1413

144

1477

277

2006
-
07

1576

366

1767

452

2007
-
08

1178

3941

4621

950

Total

12169

6837

18056



[Graph:
Fig.
2.2
Matters received and disposed since inception
]

14
2.14

A brief on the major complaints received/disposed during 2007
-
08 are as
follows:

A. Matters related to Education

A large number of complaints regarding reservation in admissions, relaxation in
marks / age and seeking other facilities for education ar
e received by the Chief
Commissioner. In 2007
-
08, 67 such complaints were registered (as compared to
37 cases registered during 2006
-
07), of which 8 cases were suo
-
motu (as
compared to 19 last year). In addition 22 matters relating to non extension of
appr
opriate facility at the time of conduct of examination at school/ college/
recruitment examination were registered (against 11 such cases registered last
year). This clearly indicates that while matters like non provision of reservations
against which suo
-
motu action was generally initiated by this office, are on
decline, the other issues of education like restructuring of curriculum for the
benefit of children with disabilities, provision for concessions etc. are increasing.

In the year 2007
-
08, this offic
e was instrumental in extending of relaxation in
marks at par with SC/ST candidates to all persons with disabilities, irrespective
of their vertical category, in AIEEE examination as well as extending 3%
reservation for persons with disabilities in all Ind
ia quota of All India Post
Graduate Medical Examination (conducted by AIIMS). This office also ensured
that disability certificates issued by any competent State/Central Government
authority should not be denied for the purpose of admission and not just
di
sability certificate issued by hospitals notified by Delhi Government are
accepted for Delhi PMT examination. In addition directions were issued to
competent authorities of Delhi and Bihar government to discontinue the norm of
production of disability cert
ificate issued within 3 months prior to submission of
application form for PMT and Polytechnic/ITIs respectively.

Shri Parimal Lokhande, a person suffering from cerebral palsy submitted his
complaint stating that CBSE is denying 3% reservation under
section 39 of the
PWD Act in AIEEE by not providing them relaxations at par with other
candidates with disabilities belonging to SC/ST categories and are de reserving
the seats meant for students with disabilities after first counseling. The matter
was tak
en up with the Central Counseling Board, Ministry of HRD and the
CBSE and after holding a couple of personnel hearings, direction was issued to
consider the candidature of the complainant for lateral entry into his choice of
institution in the second year
as per the rules after extending the relaxation in
qualifying marks at par with SC/ST to candidates with disabilities. The directions
of the Chief Commissioner regarding extending of relaxations in marks at par
with SC/ST and giving lateral entry to the st
udent were also upheld by Hon'ble
High Court of Mumbai, Nagpur bench. As a result, Shri Parimal Lokhande was
admitted in the second year of B.E. programme in the VNIT, Nagpur.

Shri Shambhu Nath Deshmukh, father of Master Mudit, a child with hearing
impairm
ent submitted his complaint regarding denial of admission of his son by
the Delhi Public School, Madoda, Bhillai. The matter was taken up with the
School through the Commissioner for Persons with Disabilities, Govt. of
Chhattisgarh whereafter Master Mudit
was admitted in the School. Similarly 3
children with disabilities in Madhya Pradesh have been admitted in Kendriya
Vidayala on intervention of the Chief Commissioner.


15
Upon taking cognizance of the apparent violation of section 39 of the PWD Act,
1995
in the Admission Notification published by the Northern India Institute of
Fashion Technology, Mohali, Punjab, a show cause notice was issued. As a
consequence, provision of reservation for students with disabilities was
incorporated in the advertisement b
y the institute and Ms. Bhawana Bhalla, a
student with disability was admitted against the reserved seats in Fashion Retail
Management in the same academic session. Similarly Shri Pradeep Kumar was
admitted in the Post Graduate Diploma Course in Plant Prot
ection by the
National Plant Protection Training Institute, Hyderabad, against the reserved
seats for persons with disabilities.

Master Bitto was admitted in Kendriya Vidyalaya due to intervention of Chief
Commissioner during mobile court at Bihar.


B.

Matters related to employment

373 matters (as compared to 298 in year 2006
-
07) regarding reservation/
relaxation/ unfair selection etc. in appointments were taken up against various
Central Government Institutions / Ministries/ Department/ PSUs. Of these

178
matters were Suo
-
motu. 208 of such cases were disposed during the year after
checking the reservation rosters & other such documents and directions like
issuing corrigendum to advertisement & providing for reservation, preparing
action plan to clear s
hortfall/backlog of vacancies, providing relaxation in
age/marks, relaxation of standard, carrying forward of unfilled reserved vacancy
etc. were given. As a result of such interventions at least 15 persons with
disabilities have been reported to be appoin
ted during 2007
-
08, names of whom
are given at Table 3.2.

The notable intervention has been with respect to Ministry of Railways wherein
the entire process of recruitment, identification of posts, maintenance of
reservation rosters, working out of shortfa
ll/backlog of reservation was
streamlined. Accordingly, the railways are now conducting common entrance
examination for disabled as well as non disabled persons, providing for scribes
and other facilities for writing the examination and maintaining reserva
tion
rosters etc in accordance with the guidelines of Government of India. After
preparation of reservation rosters for vacancies filled since 1996, the
shortfall/backlog of reservation is worked out as 1321 in Group 'C' and 1359 in
Group 'D' which they pr
opose to clear through Special Recruitment Drives in
phased manner. Many posts which were being treated as unidentified are now
being treated as identified and reservations are being extended against them.

The reservation rosters for persons with disabilit
ies in Kendriya Vidyalaya
Sangathan were also examined and direction to clear the backlog of 222 posts in
all Groups was issued. In compliance the KVS issued advertisement for Special
Recruitment Drive for 90 vacancies (30 each for OH, HH and VH categories
)
reserved for persons with disabilities in year 2007
-
08. Similarly Engineers India
Limited initiated special recruitment drive for persons with disabilities to clear
the shortfall/backlog of 30 reservations in Group A.

Shri Ashok Kumar Arya, a person with

locomotor disability appeared before the
Joint Mobile Court of Chief Commissioner for PwDs, Govt. of India and the
Commissioner for Persons with Disabilities, Govt. of Bihar at Patna and
submitted that despite qualifying the written examination and Interv
iew for the
post of Inspector (Posts), he is not being appointed on the ground that the post is
not identified for persons with disabilities. Chief Commissioner directed that
similar posts having similar National Occupation Code have been identified
suitab
le and hence the post of Inspector (Posts) is also an identified post.
Department of Posts complied with the direction and issued appointment letter to
the complainant.


16
Shri Deepak Singharay, a person with hearing impairment was selected for a Gp
'C po
st against a vacancy reserved for persons with disability in the Western
Railway in the year 2000
-
01, but was not issued appointment letter on the ground
that Shri Singharay is not a person with hearing impairment. The matter was
brought to the notice of t
he Chief Commissioner in July 2007, who observed that
the definition of Hearing Impaired adopted by Railways is not in line with the
PWD Act and thereby directed the railway authorities for immediate appointment
of Shri Singharay. As a result, appointment
letter was issued to Shri Singharay in
December 2007.

Smt. Mamta Verma, a person with hearing impairment and The Secretary
General of the All India Confederation of the Blind filed her complaint alleging
that Kendriya Vidyalaya Sangathan (KVS) is not givin
g reservation to persons
with hearing impairment in appointment to the post of Librarian, which is
suitable for such persons. The matter was taken up with the KVS, who issued the
appointment letter to the complainant.

On the directions of the Chief Commiss
ioner many establishments conducted
workshops for officials and staff on mechanism of effecting reservation to
persons with disabilities and other aspects of the Persons with Disabilities Act.
Central Scientific and Industrial Research Organization (CSIR)
has incorporated
few sessions on PWD Act and the mechanism of effecting reservations to
persons with disabilities in most of the courses organized by the their training
institute.

The Secretary General of the All India Confederation of the Blind alleged th
at
Kendriya Vidyalaya Sangathan (KVS) has rejected the candidature of Ms
Sangeeta Sharma, a person with visual impairment for the post of Junior
Stenographer despite performing well in the written and the skill test. The matter
was taken up with the KVS, w
ho issued the appointment letter to Ms. Sharma.


Table 2.6: Information received during 2007
-
08 from establishments about
appointment or persons with disabilities in compliance with the directions of
CCD



Sl.
No.


Case No.


Name of
person
appointed


Name of
the
organiza
tion


Designation


Category
of
disability


1.

3919/2007

Shri
Deepak
Singharay

Western
Railway

Junior Clerk
-
cum
-
typist

O.H.

2.

457/MC
-
BH
/2007

Shri Ashok
Kumar
Arya

Departme
nt of Posts

Inspector
(Posts)

O.H.

3.

3893/2007

Smt.
Mamta
Verma

Kendriya
Vidyalaya
Sangathan

Librarian

H.H.

4.

3894/2007

Ms.
Sangeeta
Sharma

Kendriya
Vidyalaya
Sangathan

Junior Steno
-
grapher

V.H.

5.

MC/

Assam/470/07

Md. Rafijul
Hussain

Directorat
e of
Industries
&
Commerc
e, Govt of
Assam

Extension
Officer

O.H.

6.

3178/2006

Shri S.N.
Prasad

Regional
Institute
of
Education,
NCERT

Lab Assistant
(Gp
-
C)

O.H.


17


7.

3178/2006

Ms. Siyenna
Bernerdin

Regional Institute
of Education,
NCERT

Work
Experience
Teacher in
Music

V.H.

8.

3178/2006

Shri

Hanumanthaiah

Regional
Institute
of Education,
NCERT

Peon

O.H.

9.

3178/2006

Shri

Chennabasappag

Regional Institute
of Education,
NCERT

Cleaner

H.H.

10.

3888/2007

Shri Satish Kumar

Security Printing
and Minting
Corporation of
India ltd.

Data Entry
Operator
-
cum
-
Office Assistant

**

11.

3081/2005

Shri K.T. Damor

C.P.W.D., Mumbai

L.D.C

O.H.

12.

3081/2005

Shri P.D. Adarkar

C.P.W.D., Mumbai

L.D.C

O.H.

13.

3081/2005

Shri S.S. Ghaware

C.P.W.D., Mumbai

L.D.C

H.H.

14.

3081/2005

Shri S.B. Kamble

C.P.W.D., Mumbai

Draughtsman
Grade
-

II

O.H.

15.

3835/2007

Shri Vipin
Prabhakar Naik

Jawaharlal Nehru
Aluminium
Research
Development and
Design Centre,
Nagpur

Lab Assistant

**

**
-

category of disability not intimated by the concerned establishment.


C. Scribe/extra time/concessions for
examination

22 complaints regarding non
-
provision of extra time, appropriate scribe etc were
received in the year 2007
-
08, which were taken up immediately with the
concerned authorities and resolved. Details of a few such interventions are
enumerated below
:

Shri Ajit Kumar Sachan, a person with visual impairment complained that he was
not being allowed to appear in the entrance test for B.Ed, by Dayal Bagh
Educational Institute, Agra on the grounds of his disability and requested for
direction to the instit
ute on the matter and for the facility of scribe. The matter
was taken up with the institute. Accordingly, admit card was issued to the
complainant and a writer was provided, which eventually resulted in him getting
selected for the course in the quota res
erved for persons with disabilities.

Shri Keshu Ram, a person with disability, submitted that DSSSB is not allowing
him to appear in the examination for recruitment to the post of P.G.T. The matter
was taken up with the Board who agreed to provide age rela
xation to persons
with disabilities as admissible under the rules and issued admit card to the
complainant.

The Chief Commissioner has also been instrumental in changing the norm of
scribe possessing 50% or less mark in stipulated academic qualification to

that of
60% or less mark, for various examinations conducted by State Bank of India. He
has also taken up the matter regarding variable policy and criteria's for provision
of scribe followed by various recruitment agencies/ Universities, with the
Ministry

of Social Justice and Empowerment, GOI and has advised them to
notify a uniform policy for conduct of written examination for persons with


18
disabilities. Emphasis particularly has been on removing the eligibility criteria's
of academic
qualification/marks scored etc. for scribe and use of computers and
other such gadgets for conduct of examination.

In another matter, Department of Posts has been directed to provide for
alternative questions in lieu of questions requiring visual inputs fo
r Mathematics
paper, and Postal Manual and other such books required for papers
-
Ill, in Braille
or in electronic format (on computer having screen reading software), for writing
departmental exams to employees with visual disabilities, in addition to the
f
acilities of Scribe and extra time that is being provided as per rules. They have
also been directed to provide for relaxations in marks at par with SC/ST in
departmental examination to all persons with disabilities (i.e. irrespective of their
vertical cat
egory).


D.
Service matters

Chief Commissioner also receives several complaints regarding non provision of
reservation in promotion, grant of ACP, transfer, termination on acquiring
disability during service, non payment of dues, life time pension fo
r disabled
children, transport allowance etc. During 2007
-
08, 209 such complaints were
received. While 11 such cases were disposed by conduction of hearing under
section 63 of the Act, 5 were rejected/ closed and 59 cases were marked to
appropriate authori
ties with suitable directions. Illustration of few grievances &
their outcome is as follows

(i) Pension to disabled dependents

Shri. DK Palit submitted that family pension payable to his mentally retarded
sister Manju Palit has been stopped by the Dep
artment of Posts on the grounds
that periodic review of her disability after every three years has not been done,
despite the fact that her disability was certified as not likely to improve. The
matter was taken up with the Department of Posts and Departme
nt of Pensions
and Pensioner's Welfare. The family pension of Ms Palit was restored and action
for amendment in the relevant rules is under consideration of the Department of
Pensions and Pensioner's Welfare.

Smt. Sabitry Mukherjee, a family pensioner file
d a complaint requesting for
inclusion of Sh. Arup Mukherjee, her mentally retarded son, who was unable to
earn his livelihood, in the Pension Payment Order so as to avoid inconvenience
to her disabled son, in case of the eventuality. The matter was taken
up with the
offices of Principal Controller of Defence Accounts, Comptroller General of
Defence Accounts and the employer the Gun and Shell Factory, Kolkata after
which the name of Shri Arup Mukherjee was included in the Pension Payment
Order,
(ii).

(
ii)
Reinstatement after retirement

on acquiring disability

Shri Hiralal M. Khatik, a person with locomotor disability filed a complaint in
December 2005 submitting that while working as Tower Wagon Driver in
railways, he met with an accident and was declar
ed unfit for further service by
the medical board. He was thus retired with payment of disability pension on
26.11.2002. Since the matter involved apparent violation of section 47 of the
PwDs Act, it was taken up with the Railway Board. As a consequence, a

supernumerary post was created and Shri Khatik was reinstated and the period of
absence was treated as leave.

(iii). Medical Reimbursement for Cochlear Implants

The matter regarding non
-
sanction of expenditure/advances towards cochlear
implants to
children of government servants suffering from hearing impairment,
namely
-

Master Pankaj Yadav S/o Sh. Virender Singh; Ms. Kirti D/o Loknath
Gulati, Km. Bhavya Sharma D/o Sumedha Sharma, Baby Deepika D/o Sh.
Ashok Kumar Yadav and Master Akash Agarwal son
of Sh. Virender Aggarwal
was taken up with the Directorate of Central Govt. Health Scheme (CGHS) and
Ministry of Health & Family Welfare, as a result of which advances for


19
procurement of Cochlear Implants at the ceiling rate of Rs.4.8 lakhs or actual,
whichever is less, as per the existing guidelines of Department of Health was
sanctioned to all the complainants .

(iv). Transfers

In terms of the instructions issued by DOP&T and the State Governments for
posting near the home towns, most organizations

have considered the request of
the employees and posted them in/near their home towns.

Shri Vinod Kumar Sharma, a person with disability working as Principal of a
School run by Govt. of Chhattisgarh, submitted his representation regarding
transfer to a pl
ace near his home town. The matter was taken up with the State
Govt, authority thorough the Commissioner for Persons with Disabilities, Govt,
of Chhattisgarh. As a result Shri Sharma was transferred to his home town.

E.
Promotion & shifting to other

post o
n acquiring disability.

Shri K. Jayakumar, Addl. Engineer/Elec, Conveyor Erection Yard, Mines
-
I,
Neyveli Lignite Corporation Limited met with an industrial accident on
23.8.2001 and acquired disability. Though he was continued in employment
against a super
numerary post, he was not assigned any work, made to sit
separately in a garage converted as office room for him and was denied time
-
bound promotion on grounds that he had not worked for prolonged period and
hence did not have ACR with 'good' rating for su
bstantial part of the qualifying
period. On intervention of the Chief Commissioner Shri Jaykumar was gainfully
employed as Administrative Officer of the General Hospital and assigned the
works relating to supervision, monitoring, exercising control over th
e billing
operations etc. He was given time bound promotion on the due date.

F.
Disability Certificates

Suo
-
motu action for non issuance of disability certificates and identity cards to
large number of persons with disabilities were taken up against 34 Sta
te/UTs and
show cause notices issued to their Chef Secretaries. This geared many states to
examine the bottle necks in the delivery system and take appropriate steps to iron
out the same. Jharkand in particular streamlined and mobilized its service
deliver
y system to achieve issuance of disability certificate to 98% persons.

In addition 23 cases were registered for non issuance of disability certificates/ ID
cards and other such matters.

G.
Other Grievances

Apart from the above mentioned

Complaints, the
office of Chief

Commissioner
office is flooded with

Complaints regarding various other matterslike
harassment/ discrimination/

misbehavior; Preferential allotments; Loan

& related matters; Cheating/breach of

contract/
Misutilization

of

funds/malpractice, Pr
operty disputes, Accessibility,
Benefits of scheme etc. In the year, 2002 such complaints were registered in the
office of Chief Commissioner and suitable action were initiated.

The Oriental Bank of Commerce informed about installation of 200 ATMs with
Aud
io capability for meeting the requirement of customers with visual
impairment, in compliance with the directions of the Chief Commissioner in case
no. 2791/2003 dated 05th September 2005.

Shri Benudhar Dekka, a person with hearing impairment, working as a
Havildar
in the office of the Commissioner of Central Excise, Shillong, appeared before
the Joint Mobile Court of the Chief Commissioner for PwDs, Govt. of India and
Commissioner for PwDs, Govt. of Meghalaya held at Shillong and stated that
TA/DA claim in
respect of his visit to Melbourne, Australia for participating in
the 20th Deaflympic Games is not being settled by his office since 2005.
Direction was issued to the Department of Revenue, Ministry of Finance for
settlement of the claims of the complainan
t. Accordingly, reimbursement of
travel and accommodation expenditure to the tune of Rs. 1,11,282/
-

(Rs. One
Laks Eleven Thousand Two Hundred Eighty Two only) was made in favour of
the complainant.


20
Chapter
III

Implemention of Persons with Disabilities Act by Central

Ministries and States/UTs


MINISTY OF HEALTH AND FAMILY WELFARE

Pulse Polio Immunization

In pursuance of the World Health Assembly resolution No. 1988/41.28 Pulse
Polio Immunisation (PPI) programme
was started in India from 1995. Since then,
significant success has been achieved in reducing number of polio cases in the
country and total cases declined gradually to 66 cases in 2005. Out of 35 States
& UTs. 33 states in the country were free from indig
enous transmission of polio
virus since last three years. It is taking more time in UP and Bihar to achieve zero
transmission due to factors like high population density and poor sanitation.

In order to achieve the goal of zero transmission at the earliest

the strategy in UP
and Bihar has been modified to have increased number of polio immunization
campaigns with monovalent vaccine type 1 (MOPV1) as per the recommendation
of India Expert Advisory Group on Polio virus type 1 and polio virus type 3
sequential
ly. As a result only 69 type 1 polio cases have been reported this year
as against 648 last year.

In order to achieve the goal at the earliest, the implementation strategy has been
further strengthened like :

-
Vaccinating children at fixed booths and house

to house visit, efforts in
vaccinating children in transit at railway stations, inside long distance trains,
major bus tops, market places, religious congregations, major road crossings etc,
through out the country have been intensified. Through these eff
orts 5 million
children in transit have been effectively administered polio drops during each
immunization rounds.

Migratory population (children from UP and Bihar in Haryana, Punjab, Gujarat
and West Bengal are being immunized during the SNIDs in UP & Bih
ar.

-
ASHAs have been involved as team member for mobilization and vaccination of
children

-
The missed children during SNID are being mobilized by ASHA/AWW and
vaccinated during the monthly health days.

-
Strategy to involve the leaders and opinion makers of

the underserved
community is being adopted in Western UP districts to involve the community
better in the programme.

National Leprosy Eradication Programme (NLEP):

Leprosy a chronic infectious disease with long incubation period affects all age
groups and

is classified mainly as Pauci Bacillary (PB) and Multi Bacillary
(MB). Since the leprosy bacilli affect the peripheral nerves, the patients lose
sensation by and large in their hands, feet and eyes if not properly cared for.

Leprosy situation in India
: T
he goal of leprosy elimination at Naional level
(i.e. PR of < 1 case/10,000 population) as set by National Health Policy 2002 had
been achieved in the month of December 2005.

Major Initiatives taken
: More emphasis is being given on disability prevention
a
nd medical rehabilitation. Actions are already being taken to increase the no. of
institutions providing Re
-
construction surgery (RCS) by including nearly 20
medical colleges PMR centres.

Since 2004
-
05, focus of attention under National Leprosy Eradication

Programme was shifted from endemic states to high priority districts and blocks
based on prevalence rate (in the year 2006
-
07 PR>2/ 10,000 was taken as cut
-
off
point).


21
National Programme for Control of Blindness

National Programme for Control of Blind
ness was launched in the year 1976 as a
100% Centrally Sponsored Scheme with the goal to reduce the prevalence of
blindness from 1.4% to 0.3%. As per survey in 2001
-
02, prevalence of blindness
is estimated to be 1.1%. As per survey in 2006
-
07, the estimate
d prevalence of
blindness has comedown to 1%.

The objectives of the programme are :

-
To reduce the backlog of blindness through identification and treatment of blind

-
To develop Eye Care Facilities in every district

-
To develop human resources for
providing Eye Care Services

-
To improve quality of service delivery

-
To secure participation of Voluntary Organizations in eye care.


Achievements


Ye
ar

Targ
et

Achieve
ment

Achieve
ment %

IOL
Implana
tion %

200
2
-
03

40,00,
000

38,57,133

96

77

200
3
-
04

40,00,
000

41,97,609

105

83

200
4
-
05

42,40,
000

44,91,154

107

88

200
5
-
06

42,13,
000

49,05,619

108

90

200
6
-
07

45,13,
000

50,40,080

112

93

200
7
-
08

50,00,
000

17,34,100*

35

90


*Provisional


Percentage of cataract surgeries where IOL was implanted has
increased from
20% in 1997
-
98 to 90% in 2005
-
06.

Achievements under the Programme

-
Around 500 dedicated eye operation theaters and eye wards in District level
hospitals constructed and functioning.

-
Supply of ophthalmic equipments for diagnosis and
treatment of common eye
disorders in all Regional Institutes of Ophthalmology, Medical Colleges, District
Hospitals & Sub District Hospitals.

-
More than 2000 Eye Surgeons trained in IOL surgery and other sub
-
specialities
of Eye in Govt. Sector.

-
During the

year 2006
-
07, a total 50,40,089 Cataract Surgeries were performed
against the target of 45,00,000 out of which 93% surgeries were with IOL
implantation.

-
The volume of cataract surgery has steadily increased since 1993. Currently,
Cataract Surgery Rate is

4500 per million populations. There has been a
significant increase in proportion of cataract surgeries with IOL implantation
from <5% in 1994 to 93% in 2006
-
07.

National Mental Health Programme :

Severe mental disorders that include schizophrenia,
bipolar, organic psychosis
and major depression affect nearly 20 per 1000 population. Close to ten million
severely mentally ill are in our country without adequate treatment by this
estimate.


22
National Mental Health Programme (NMHP) was started in 1982

with the
following three objectives :

-
To ensure availability and accessibility of minimum mental health care for all in
the near foresseable future, particularly to the most vulnerable sections of the
population.

-
To encourage mental health knowledge and

skill in general health care and
social development

-
To promote community participation in mental health service development and
to stimulate self help in the community.

The approach to the treatment of mental disorders is based upon the following
strateg
ies:

-
Integrating mental health with primary health care through the National

Mental

Health Programme.

-
Provision of tertiary care institutions for treatment of mental disorders

-
Eradicating stigmatization of mentally ill patients and protecting their righ
ts
through regulatory institutions like the Central Mental Health Authority and State
Mental Health Authority.


National Mental Health Programme :

It now covers 121 districts in 30 States/Union territories all over the country
including 11 new DMHPs
released during the current year. Besides, proposals
for covering 32 more districts under DMHP are under consideration. Its main
objective is to provide basic mental health services to the community and to
integrate these with general health services. The
programme envisages a
community based approach to the problem which includes :


-
Training of mental health team at the identified nodal institutions.

-
Increase awareness and reduce stigma related to mental health problems.

-
Provide service for early detect
ion and treatment of mental illness in the
community (OPD/Indoor & Follow up)

-
Provide valuable data and experience at the level of community at the state and
center for future planning and improvement in service and research.

In order to modernize State r
un Mental Hospitals in the country, a one
-
time grant
with a ceiling of Rs. 3 crores on the basis of benchmark of requirements and
level of preparedness is being allocated. Funds have been released for
modernization of 3 Mental Hospitals during the year 200
7
-
08 making the total
number of Mental Hospitals funded under the Programme to 26.


National Programme for Prevention and Control of Deafness (NPPCD):


Objective of the Programme :

The long term objective of the programme is to prevent and control major
causes
of hearing impairment and deafness, so as to reduce the total disease burden by
25% of the existing burden by the end of 11th five year plan. Other objectives are
:

-
To prevent the avoidable hearing loss on account of disease or injury.

-
Early ident
ification, diagnosis and treatment of ear problems responsible for
hearing loss and deafness.

-
To medically rehabilitate persons of all age groups suffering with deafness

-
To strengthen the existing inter
-
sectoral linkages for continuity of the
rehabilitat
ion programme, for persons with deafness

-
To develop institutional capacity for ear care services by providing support for
equipment and material and training personnel.


23
Components of the Programme :

-
Manpower training and development for prevention,
early identification and
management of hearing impaired and deafness cases, training would be provided
from medical college level specialists (ENT and Audiology) to grass root level
workers. The training of PHC doctors and health functionaries would be
pro
vided by Rehabilitation Council of India.

-
Capacity building for the district hospital, community health centers and
primary health center in respect of ENT/Audiology infrastructure.

-
Service provision including rehabilitation screening camps for early det
ection of
hearing impairment and deafness, management of hearing and speech impaired
cases and rehabilitation (including provision of hearing aids), at different levels
of health care delivery system.

-
Awareness generation through IEC activities for early
identification of hearing
impaired, especially children so that timely management of such cases is possible
and to remove the stigma attached to the deafness.

National Iodine Deficiency Disorders Control Programme

Iodine is an essential micronutrient with
an average daily requirement of 100
-
150
micrograms for normal human growth and development. There is an increasing
evidence of distribution of environmental iodine deficiency in various parts of
the country. On the basis of surveys conducted by the Directo
rate General of
Health Services, Indian Council of Medical Research and the State Health
Directorates, it has been found that out of 324 districts surveyed in 28 states and
all the 7 UTs, 263 districts are endemic, i.e.e, where the prevalence of IDDs is
mo
re than 10%. It is also estimated that more than 71 million persons are
suffering from goiter and other iodine deficiency disorders. These disorders
include abortions, stillbirth, mental retardation, deaf mutism, squint, goiter and
neuromotor defects.

Obj
ectives of NIDDCP

1.

Surveys to assess the magnitude of Iodine Deficiency Disorders

2.

Supply iodated salt in place of common salt

3.

Resurveys to assess the impact of control measures after every 5 years

4.

Monitoring the quality of iodated salt and assess Urinary
Iodine excretion
pattern

5.

Health Education and Publicity (Information, Education & Communication,
IEC)


MINISTRY OF EXTERNAL AFFAIRS Social and Human Rights Issues

India ratified the UN Convention on the Rights of Persons with Disabilities on 1
October 2007
.

Participation in Bilateral Negotiations

India has signed/ratified many multilateral / bilateral treaties / agreements with
foreign countries during the year. These inter alia include: The International
Convention for the Protection of All Persons from
Enforced Disappearance; the
Convention on the Rights of Persons with Disabilities

Persons with Disability

Ensuring adequate opportunity to persons with disability and to have suitable
representation of persons with disability among its personnel is an impo
rtant
objective of the Ministry. Towards this goal, the Ministry has identified posts
suitable for appointment of persons with disability, including in the Indian
Foreign Service. In all, the Ministry has 37 persons with disability in various
grades and ca
dres.


24
MINISTY OF STEEL

The Ministry of Steel and all the PSUs under it have implemented the
Government rules with regard to the implementation of provisions of the
Disabilities Act, 1995.

STEEL AUTHORITY OF INDIA LTD. (SAIL)

SAIL plants have undertaken

special initiatives to facilitate creation of centers of
learning for education and training of mentally/ physically challenged children
by supporting the NGOs working in this area by:

-
Providing building/ infrastructure support

-
Special training
equipment

-
Medical aid
etc.

Welfare schemes/policies being administered by SAIL for Physically
Disabled Persons:

-
SAIL provides scholarship to
the
children with disabilities of its employees to
support their education.

-
Employees who acquire disability whi
le in service are redeployed in identified
Posts after providing them training. Proper medical facilities like Jaipur foot and
wheel chair are also provided to them.

-
Special relaxation is provided in allotment of quarters to employees with
disabilities. C
are is taken to allot ground floor to such employees.

-
SAIL extends free medical facility even to
a major brother

or
sister

of an
employee, if they are disabled and dependent on the employee.

-
Additional special conveyance allowance is given to employees w
ith
disabilities.

-
Shops, STD
booths,

milk
booths,

hawkers licenses
etc. are allotted

to
persons

with
disabilities

in
plants

of
SAIL.


-
Various facilities for sports and cultural activities are provided exclusively for
the persons with disabilities at
plant locations. Separate playgrounds have been
earmarked for the handicapped at some of the plant locations. Sports events like
East Zone Disabled Cricket and Inter State Disabled Cricket have been organised
to encourage disabled persons at Bhilai.

-
World

Disability Day, musical programmes, drawing and painting competition
etc. are organised to build confidence in disabled persons.

-
SAIL handed over motorised vehicles to Rajiv Gandhi Foundation for
distribution to physically disabled persons at

-
Jawahar Bh
awan, New Delhi on 20th August, 2007.

Welfare activities By MECON

Community Development Committee of MECON has adopted Poverty
Alleviation Programme/ Schemes such as Community Education/ Vocational
Training, Afforestation, Community Medicine, Model Village
, Resource
Generation Schemes in the Tribal Village of Ranchi District for Welfare of
Weaker Sections of the Society (SC, ST and OBC and the persons with
disabilities)

Welfare activities by Rashtriya Ispat Nigam Limited (RINL)

As part of CSR initiatives, R
INL has taken up Disability Rehabilitation
Programmes for hearing impaired, physically challenged, differentially
-
abled
children and blind persons. Disability Rehabilitation camps were organized to