Javed Ahmad Tak
International Day for persons with Disabilities was commemorated throughout World on 3rd December . The annual commemoration of the World Day of Disabled Persons was proclaimed in 1992, by the United Nations General Assembly resolution 47/3. The observance of the Day aims to promote understanding issues of disability sector around the globe and mobilize support for the dignity, rights and overall well-being of persons with disabilities. It also seeks to increase awareness of gains to be derived from the inclusion of persons with disabilities in every event of political, social, economic and cultural life.
The International Day for persons with disabilities is always commemorated under the theme fixed by UN and this year the theme for the Day is “Building back better: towards an inclusive, accessible and sustainable post COVID-19 world by, for and with persons with disabilities”.
Employment is the tool to empower persons with disabilities economically in order to live a life with dignity. J&K services selection recruitment board, JK public Services commission and other departmental recruiting agencies have been highly insensitive about serving reservations set for educated and eligible persons with disabilities. Thus discrimination with disability sector through the said recruiting agencies has touched the zenith. Recently JKSSRB conducted selection test for the post of “Panchayat Accounts Assistant” and a circular was notified by the JKSSRB under No No.SSB/Sel/Secy/2020/3709-21 Dated :- 29-10-2020, depicting that aspirants facing cerebral palsy, upper limb disability and blindness will get the scribe facilities only against the signing two forms from competent authorities. After undergoing the formality most of the aspirants facing the said disabilities were not allowed to sit in the selection test with their scribes or amanuensis. The invigilation staff was not having the sensitivity towards the reasonable accommodation of persons with disabilities. In turn invigilation staff was mistreating with persons with disabilities. The reservation of persons with disabilities is served very decently through staff selection commission and UPSC but the recruiting agencies have been discriminating the persons with disabilities and putting their morale down, thus clearly violating the Rights of persons with disabilities Act 2016 passed by the Parliament of India. Recruiting agencies in Kashmir especially JKPSC & JKSSRB should maintain the backlog register and conduct a special employment drive for the educated persons with disabilities, so that the persons at the verge of overage could get economic empowerment to live a life without miseries and hardships.
Disability Certificate is the important document for the identification of persons with disabilities. The persons with disabilities are entitled to all sort of benefits only after the production of the disability certificate. The disability certificates were earlier issued offline through medical boards. The records were not maintained well in these district medical boards. Lot of tampering cases were recorded and physically fit persons were getting the benefits of employment and ISSS economic benefits. A lot of such cases were recorded in the Bandipora district where three teachers were suspended as they had snatched the right of the persons with disabilities, using fake disability certificates.
Now the disability certificates are issued online through www.swavlambancard.gov.in in order to keep the online record of issued certificates available for verifications. The persons with disabilities got satisfaction with the online certification but the medical boards are not perfectly working. The specialists are not available with the medical boards thus persons with disabilities are referred to secondary or tertiary care hospital, where from they get assessment reports to prepare the disability certificate. All this complicated procedure gives trouble to the persons with disabilities. Recently a case of death was reported outside the medical board Srinagar. The child who was appearing in the JK Board of school Education organized 10th Class examinations, but needed a helper / Amanuensis. According to the statement in a viral video by the victim’s sister JK Board officials denied the scribe and then the child with 75% neurological disability, accompanied by his Mother & sister reached to Medical Board located at Jawahar-nagar Srinagar. Both the family members requested the doctors and helping staff there to bring a doctor to the vehicle, in which child was boarded, for assessment. Because the medical board was on top floor of the building and it was difficult for the female family members to present the child along with his wheel chair before Medical Board members. Thus the employees and the Doctors in the board showed insensitivity but inturn bullied and humiliated the sister of the Child with Disability. Three years delay and humiliation put stress on the child’s psyche and he died on spot. It is historical sad event that JKBOARD of school Education, Medical Board and the inaccessibility of the infrastructure created death of a child with disability and government orders suspension of the medical board employees who were simple MBBS degree holders and not the appropriate specialists. I have personally met the Advisor to Lieutenant Governor, Financial Commissioner to Health & Medical Education Department in the civil secretariat and narrated whole situation regarding weakness of the medical Boards in J&K. Even the Director Health (Kashmir) was appraised about the difficulties but nothing happens.
Now the issues are rising in the medical boards that online certification gets hampered in a district Medical Board when a CMO gets transferred or seeks superannuation. In Shopion Medical Boards around one thousand persons with disabilities suffer because the Digital Signature available online for the issuance of Disability certificate is not being changed after retirement of Ex-CMO. The present Chief Medical Officer Shopion is unable to upload his Digital Signature on website www.swavlambancard.gov.in . Despite making series of communications to DC Shopion, DIC, Director Health Kashmir, and Director Disability affairs Government of India, CMO Shopion is helpless to issue the disability certificates thus putting the persons with disabilities in odd situations. All the district medical Boards have insufficient specialists, Accessible places and lack of staff to issue the Disability certificates in time. That is how persons with disabilities suffer.
Laws and Legislations are the strength of all sectors. For disability sector United Nations Convention on the Rights Persons Disabilities, RPWD Act 2016, Mental Health Act, Rehabilitation Council India Act 1999 are applicable throughout the country. In J&K the Rights of Persons with Disabilities Act 2016 is not being implemented because the rule formulation process is going on from years in Department of Law in coordination with Department of Social Welfare Government of J&K. But it is unfortunate the Rule formation for the RPWD Act 2016 is not prioritized.
Disability Commissioner is available in all states and Union Territories to look into the affairs of Disability and facilitate persons with disabilities to get their problems redressed. After the demotion of State of J&K to Union Territory the State Disability Commission was dissolved and the new commission has not been formulated yet. Thus there is no Department exclusively for the empowerment of persons with disabilities. The Disability sector has been demanding separate Directorate of Disability Affairs Department & setting up of the Disability Commission in J&K.
Education is the priority tool to empower persons with disabilities. But the fact is that Educational institutions from KG classes to the University level are inaccessible. Even the first step towards accessibility that is ramps are not available at the entry points of the educational institutions of J&K. The accessibility for persons with blindness in terms of infrastructure and learning material doesn’t exist in schools of J&K. The .pdf format books, soft books to access through laptops and smart phones is beyond reach of the children with seeing disabilities in J&K. The Braille instructors and special educators having specialty in Visual disabilities lack in Jammu & Kashmir. The children facing speech and hearing disabilities are mostly dropped out because of lack of trained teachers available in J&K. There is handful of resource teachers available with the Education and Higher Education Departments. The salary of resource teachers is too meager that a good number of resource teachers gave up the job and started working for other departments, where they get sound amount of salary. There is less than ten resource teachers available with each district working under SAMAGRAH shiksha and the resource centres created are defunct in all most all districts. The Bookshare India has recently approached Disability Sector of J&K that if the stake holders of J&K allow and provide hard copies of books as per prescribed syllabus, in turn they will create soft copies of these books that will be available free of cost to all the children facing blindness or low vision.
Besides the important issues Disability sector demands Reservation in Promotion in favour of Employees with disabilities as directed by the Supreme Court of India.
Inclusive Sports for sports persons facing different types of disabilities.
Inclusive Disaster management policies, so that persons with disabilities could be rescued during disasters.
Inclusive Electioneering process and accessibility in polling booths. Reservation for contesting persons with disabilities in all types of elections.
Inclusive Census of population facing different disabilities in all types of censuses and surveys.
Inclusive budgets and planning for population facing different types of disabilities. Zero percent tax on products needed by the persons with disabilities.
The best way to celebrate the World Disability Day is to include persons with disabilities in the developmental programmes. The inclusion of persons with disabilities and making them independent should be the ultimate goal, so that persons with disabilities can be contributors in the development of nation and not at the receiving end or parasites. J&K lags behind in the Disability sector as compared to other parts of country; hence stake holders from all departments need to coordinate in order to formulate a concrete policy for the overall development of the Disability sector. Instead of offering charities, good names, the persons with disabilities should be supported to safeguard their Rights in order to live a life with Dignity as mandated by Rights of Persons with Disabilities Act 2016.
(The author is Honorary Chairman Humanity Welfare Organisation)
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