[AI] proposed comments

Harish Kotian harish at accessindia.org.in
Thu Aug 30 11:32:04 EDT 2007


Hi
Strangely, my mail did not hit the list and hence I am resending it again. Please read on for it.
Harish.

Hello Rajesh

 Infact am appreciative of the move of the CCPD in making 2 type of 
disability certificate. One should look at it like the ration card, I think 
it is the green card and the white card. Where the privelledges changes.

The type 1 card is very substantive touching things like legal claims, 
employment, university admissions etc. Here the users can certainly take 
extra effort to obtain this type of card.

The type 2 card gives monetary benefitsand hence the procedure for obtaining 
is kept simple. Besides, suitable kits would be made to operationalise it.
The loss occuring out of misuse is borne by the service providers where as 
in type 1 card it is effecting the blind persons as a whole.

It should be made very clear in the type 1 card that the holder need not 
obtain type 2 card and all priveleges of type 2 would be available to them.

The CCPD should maintain a National register database of all certificates 
issued and each certificate should have a unique ID number which should be a 
running number.
The extent of disability should be strictly as defined in PWD and no new 
defination like percentage of disability  be adopted.

Any person who issues a false certificate should be severely punished and 
debarred from issuing certificates.

Any person claiming benifits using false certificates should be taken as  a 
criminal act and punished  accordingly.

The type 1 certificate should also be optionally available as a smart card 
with additional fee  with details captured in it.

Harish.

----- Original Message ----- 
From: "Rajesh Asudani" <
rajeshasudani at rbi        .org.in>
To: <
accessindia at accessindia.org.in>
Sent: Wednesday, August 29, 2007 5:27 PM
Subject: [AI] proposed comments

> Here are my tentative comments on the draft procedure of issuing 
> disability certificate.
>
> They contain my basic contentions for simplification of the same.
>
> Would be grateful for suggestions/improvements, as well as  after final 
> adoption of the same by group tomorrow or so, for forwarding the same 
> individually by as many individuals as possible as well as collectively by 
> NGOs etc.
>
>
> Rajesh
>
>
>
> Ashish Kumar, Secretary of the Committee and Deputy Director General,
>
> Room No. 610, 'A' Wing, Shastri Bhawan, New Delhi - 110001 (Phone &
>
> Fax No. 23383853, E-mail:
>
> 
kmashish at nic.in).
>
>
>
> Comments on the draft procedure of issuing disability certificate
>
>
>
> Sir
>
>
>
> I, a totally blind person, serving as class I officer in the Reserve bank 
> of India, associated with a number of NGOs working in the field of 
> disability, wish to submit following comments on the draft procedure for 
> issuing disability certificates as published by your ministry for your 
> kind perusal and considered implementation:
>
>
>
>  1.. Purpose:
> The said draft procedure is purportedly being designed to simplify and 
> streamline the issuance of disability certificate. It indicates that 
> existence of problems and anomalies in the procedure is acknowledged. Such 
> difficulties and irregularities, pertain, in my view, to:
>
> i. enormous difficulty in obtaining a valid disability certificate by the 
> deserving;
>
> ii. Misuse of the procedure by undeserving by obtaining false certificates 
> or by obtaining certificates of lesser/grater disability than actual;
>
> iii. Obtention of certificate by inhabitants of villages who have to take 
> grate pains for the purpose;
>
> iv. multiplicity of authorities apart from medical board who are required 
> to endorse the said certificate before it may be used for various purposes 
> like travel concession, employment etc.
>
> v. lack of knowledge and utter ignorance on the part of governmental 
> people like railway clerks etc. who actually deal with the disabled while 
> availing various facilities Such ignorance and resulting arbitrariness is 
> the consequence of non existence of single authority for issuing a valid 
> disability certificate for all purposes.
>
> The aim of revised procedure should be to obviate these and all other 
> difficulties.
>
>
>
>  2.. Simplification!!!
> Reading of draft procedure as a whole makes it clear that a three-tier 
> structure consisting of PHC doctor, panel of specialists/paramedics and 
> the medical board is proposed for issuing disability certificates 
> respectively for:
>
> i.                     Readily discernible disabilities like total 
> blindness, etc. valid for purposes specified in Para ii;, non-discernible 
> disabilities like low vision, mental retardation, valid for purposes 
> specified again in Para ii; and all disabilities valid for purposes 
> specified in Para I like employment etc.
>
> The whole set-up would inevitably result in a host of different 
> authorities issuing disability certificates creating an all round 
> confusion. The situation would be chaotic and far from simple. It may even 
> result in the same person being certified disabled for some purposes say, 
> by PHC doctor, but not for other purposes, say by the medical board. The 
> multiplicity of authorities would become overwhelming even for educated 
> government clerks/supervisors to comprehend, let alone the disabled 
> persons themselves. To tell you the ground realities, I have been asked, 
> on numerous occasions, why the certificate has been signed by three 
> doctors when it should be signed by one only!!!!!! In actuality, a 
> disabled person would have to obtain all the two/three different 
> disability certificates from various authorities in order to obtain any 
> facility/concession.
>
> The intention behind delegating powers to PHC doctors is indeed admirable, 
> as it is supposed to ameliorate difficulties faced by rural inhabitants in 
> obtaining certificate for various schemes etc. However, in actuality, the 
> move would give rise to widespread corruption defeating the very purpose 
> of the move and various government schemes. From another point of view, 
> the utility of empowering PHC doctors is seriously jeopardized by the fact 
> that more than half of country's primary health centers do not have 
> functioning doctor at any given time. Naturally, it is not a villager's 
> cup of tea, given non-availability/absence of doctor, or absence of basic 
> infrastructure like stationary, to take advantage of the proposed move.
>
> Bifurcation/trifurcation of the purposes for which disability certificate 
> issued by various authorities would be valid, is also disconcerting and a 
> potential contributor to conflicting interpretations and consequent 
> discord and denial of services to the disabled. Confusion it would create, 
> may only be imagined. The proposed aim of facilitating rural folk in 
> obtaining the certificate may be served by employing mobile teams and also 
> by the moves proposed in following paras of this comment.
>
>
>
>  3.. All-purpose disability certificate:
>
>
> It goes without saying, after perusal of the above paras that the 
> disability certificate, issued in any manner, should be a certificate 
> valid for all practical and theoretical purposes, where the factum of an 
> individual being a person with a disability is material. Bifurcation of 
> the purposes would serve no purpose in the long run and is self-defeating. 
> It adds to the harassment of the persons seeking certificates for varying 
> purposes.
>
>
>
>  4.. Full faith and credit clause:
>
>
> In addition to above, the requirement of separate endorsement by various 
> authorities for availing concessions like travel concession by road [Depot 
> manager endorsing] rail [railway doing so] etc. should be done away with. 
> The fact that disability certificate has been issued by a competent 
> authority, is enough to establish the disability and should be accepted 
> duly. The jurisdictional conflict/variety like road and rail travel 
> falling under state and centre respectively has to be taken care of. For 
> this, full faith and credit clause contained in article 261 of our 
> constitution which accords full faith and credit to all public acts, 
> records and judicial proceedings of any state throughout India may be 
> invoked.
>
>
>
>  5.. Broadening medical board: The question of reaching far-flung and 
> rural areas and making all facilities available to inhabitants of such 
> areas, which has seemingly prompted the move to empower PHC doctors to 
> issue certificates for discernible disabilities for some purposes, also 
> needs to be given due importance. For accomplishing this, the constitution 
> of the medical board which should be the authority for issuing the single 
> certificate valid for all the purposes should be broadened so as to 
> include relevant specialists at Taluka/tahaseel/village level. It may be 
> accomplished by hiring the services of private 
> practitioners/specialists/paramedical staff, as contemplated in the draft. 
> The three-tiered structure should be replaced by such a broad based 
> medical board which could assess the applicants at the taluka level at 
> least, and forward the certificate for signature to civil surgeon/head of 
> medical board.
> The practice of dispatching mobile teams to remote areas may be continued 
> with grater vigor.
>
> In addition to above, in the present era of deployment of technology for 
> various purposes, after examination of the concerned person by a 
> specialist/paramedic staff, the subsequent process of routing the 
> certificate may also be e-enabled. Even telemedicine/conferencing may be 
> employed for assessing the individual.
>
>
>
> 6. Simple drafting:
>
>
>
> The certificate so issued should be drafted in as simple a language as 
> possible to avoid any misconstruction on the part of all involved. The 
> draft may read like:
>
>
>
> "I, the Head of medical board for district ---, hereby being satisfied 
> upon examination of Shree smt kum --- by specialist, certify that he/she 
> is having [name of disability] to the extent ---. This certificate is the 
> proof of his/her disability wherever such proof is called to be 
> furnished." The certificate may contain necessary particulars of the 
> holder to easily identify her/him.
>
>
>
>  6.. Permanent/temporary certificate:
>
>
> According to current guidelines, permanent certificate is to be issued in 
> cases where disability is irreversible and temporary in all other cases. 
> However, medical boards have at least in some places, virtually stopped 
> issuing permanent certificates. This practice should be strictly 
> forbidden, and appropriate certificates be issued.
>
>
>
> 8.  Language:
>
> The certificate should be bilingual, i.e. in English as well as in Hindi, 
> which would serve the purpose throughout India.
>
>
>
> 9. If at all, the above suggestions do not find favor with decision makers 
> and it is decided to retain bifurcation/trifurcation of purposes and 
> authorities, The lists of purposes should be as exhaustive as possible, 
> and any RMP practitioner be strictly forbidden from meddling 
> himself/herself in the process of issuance.
>
>
>
>
>
>
>
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