[AI] Be Sensitive to Blind People, Bombay High Court Tells Govt

harish harish at accessindia.org.in
Fri Jun 18 23:29:03 EDT 2010


Hi

The judge is not going overboard. The background of this ruling is not based 
on PWD Act but a GO issued by Maharashtra govt. by which they created a new 
category of low vision and as a result job were only restricted to this new 
category and as a result totally blind were not covered in the job market.

Harish Kotian
----- Original Message ----- 
From: "Subramani L" <lsubramani at deccanherald.co.in>
To: <accessindia at accessindia.org.in>
Sent: Friday, June 18, 2010 7:49 PM
Subject: Re: [AI] Be Sensitive to Blind People, Bombay High Court Tells Govt


> Sure. agreed. But courts are also entitled to give such rulings which
> can be the starting point -or the thrust- our system needs to make the
> distinction. The issue is so obvious as described by the Court itself
> that nothing would or should stop them from making the demarcation in
> their judgement. No legal expert but am suggesting from pure
> commonsense.
> Subramani
>
>
>
> -----Original Message-----
> From: accessindia-bounces at accessindia.org.in
> [mailto:accessindia-bounces at accessindia.org.in] On Behalf Of Vamshi G
> Sent: Friday, June 18, 2010 7:19 PM
> To: accessindia at accessindia.org.in
> Subject: Re: [AI] Be Sensitive to Blind People, Bombay High Court Tells
> Govt
>
> But Subramani sir, anything that has to be done should be provided by
> the
> statue.  The PWD Act, in it's current form, doesn't differentiate
> between
> blind and low vision people.  So, I really wonder how can the court give
> such directions without the support for the same from the Act.
>
> Personally I support the court's advise of treating blind and low vision
> as
> 2 different sub-categories of the VH category, with more preference to
> the
> blind.
>
> And incidents like this support the arguments that there should be 2
> categories in the VH category, mildly disabled and severely disabled, or
> even 3 categories, mildly disabled, moderately disabled and severely
> disabled, which has been emphasised time and again by legal experts like
> Mr.
> Rajesh Asudani on the list as well as on the blog dedicated for this
> purpose.
>
> I hope topics like this on the list motivate more people to write their
> opinions on the Access India blog dedicated for this purpose.
>
> Regards,
> Vamshi G
> M: +91 9949349497
> R: +91 877 2243861
> Skype: gvamshi81
>
> www.retinaindia.org
> From darkness unto light
>
>
> -----Original Message-----
> From: accessindia-bounces at accessindia.org.in
> [mailto:accessindia-bounces at accessindia.org.in] On Behalf Of Subramani L
> Sent: Friday, June 18, 2010 4:38 PM
> To: accessindia at accessindia.org.in
> Subject: Re: [AI] Be Sensitive to Blind People, Bombay High Court Tells
> Govt
>
> This is really unfortunate. How can the blind and the low vision be the
> sme? There needs to be certain consideration for the totally blind since
> it seems they are left behind. Hope the judgement is in their favour.
>
> Subramani
> -----Original Message-----
> From: accessindia-bounces at accessindia.org.in
> [mailto:accessindia-bounces at accessindia.org.in] On Behalf Of shahnaz
> Sent: Friday, June 18, 2010 1:56 PM
> To: accessindia at accessindia.org.in
> Subject: [AI] Be Sensitive to Blind People, Bombay High Court Tells Govt
>
>
> Be sensitive to blind people, Bombay high court tells govt
> Hetal Vyas / DNA
> Friday, June 18, 2010 0:56 IST
> Mumbai:
> Maharashtra government's attitude treating persons with total and
> partial blindness
> 'uniformly' while considering them for jobs under the physically
> challenged quota
> has not gone down well with the Bombay high court.
>
> A division bench of acting chief justice JN Patel and justice SC
> Dharmadhikari on
> Thursday observed: "The authorities need to be careful and sensitive
> towards these
> people. These people are not beggars, they can perform if given an
> opportunity."
> The court was hearing a public interest litigation (PIL) filed by
> Harshad Jadhav,
> a blind man seeking directives to the state government to implement
> the provisions
> of Disabilities Act, 1995, and provide jobs to the physically
> challenged people in
> government bodies.
> Chief secretary JP Dange, in an affidavit submitted in the court,
> stated that the
> government is following the recommendations of an expert committee,
> as per the provisions
> of the act. "Therefore, the recommendations are binding and the state
> has no authority
> to overrule them," said the affidavit.
> Dange also justified state's stand on treating the totally blind and
> those with low
> vision uniformly. "If the number of persons from totally blind
> category find it difficult
> to get selected, the state can hardly do anything in this regard,"
> said his affidavit.
> The judges particularly expressed displeasure about this statement,
> observing that
> such an attitude will make the totally blind compete with either with
> the partially
> blind or those with poor vision.
>
> http://www.dnaindia.com/mumbai/report_be-sensitive-to-blind-people-bomba
> y-high-court-tells-govt_1397881
>
>
>
>
>
> Voice your thoughts in the blog to discuss the Rights of persons with
> disability bill at:
> http://www.accessindia.org.in/harish/blog.htm
>
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