[AI] proposed comments

Rajesh Asudani rajeshasudani at rbi.org.in
Fri Aug 31 00:32:46 EDT 2007


I am afraid, I can not go with the very idea of bifurcating/trifurcating 
either issuance of certificate or purposes for which it is meant!

It would create innumerable problems and needless confusion in a field 
already beset with multiplicity of approaches and problems.

Suitable broadening of medical board/pannel for issuing a unified card is 
the proper remedy in my view.

I have sent my comments to MSJ and CCPD, without acknowledgement, as yet!!!!

Rajesh
----- Original Message ----- 
From: "Harish Kotian" <harish at accessindia.org.in>
To: <accessindia at accessindia.org.in>
Sent: Thursday, August 30, 2007 9:02 PM
Subject: Re: [AI] proposed comments


> 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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