[AI] Pls Advise - Case of Shalini Sethi from Delhi

akhilesh akhil.akhil29 at gmail.com
Fri Jul 2 03:48:29 EDT 2010


Then what should we do now?
Prepare the complain letter against him, and send it to prime minister
office including president office as well.
Do it now... whatever I could do, I'll...


On 7/1/10, Harshvardhan Singh Negi <harshvardhan.negi at gmail.com> wrote:
> exactly same happened in my case when I registered a complained against my
> employer then Mr dhariyal clearly deny to interpret the PWD act section 42
> he also deny to accept UNCRPD and expert committee recommendation of MSJ.
>
>
>
> ----- Original Message -----
> From: "akhilesh" <akhil.akhil29 at gmail.com>
> To: <accessindia at accessindia.org.in>
> Sent: Wednesday, June 30, 2010 3:15 PM
> Subject: Re: [AI] Pls Advise - Case of Shalini Sethi from Delhi
>
>
> Dear Vashishth sir,
> I fully agree that they're handling huge numbers of petitions. but
> what would you say, when a girl is exposed to risks, she's being
> denied from the hostel facility only due to the fact that the head of
> the hostel wanted to satisfy her ill intentions, when the same girl
> prays before respected officer to give her the justice and the mr.
> Dharial becomes angry and says that I can not call them here and I can
> not force them by holding their collar to give you the hostel
> facility.
> I'm referring to the Delhi University’s same case with which I've met
> you in your office.
> For the information of others, it was the case in which the aggrieved
> female student had no place to live anywhere in delhi and she was
> staying one day here and another day there.
> It was all informed to the Dy Commissioner and after that he responded this
> way.
>
> Another problem that I noticed that they don’t want to interpret the
> provisions of PWD act, and they have a tendency to stick with the same
> wording as laid down under the act.
> We surely need change and it will happen, and will happen for the better.
>
>
> On 6/30/10, SC Vashishth <subhashvashishth at gmail.com> wrote:
>> Dear Friends,
>>
>> To come back to the main discussion, I do agree there are shortcomings in
>> the working of the office of CCPD and I find precisely four reasons for
>> it:
>>
>> (a) No full time independent Commissioner
>> (b) Lack of staff vis-a-vis number of complaints received per day
>> (c) No power to direct, its more of advisory nature, so often respondents
>> don't take CCPD seriously and do not reply or appear.
>> (d) staff transferred from other ministries/departments on deputation with
>> no knowledge of the disability, laws and its practice and how does a court
>> work.
>>
>> Mr. Dhariyal is now an experience hand at the office of CCPD we have our
>> own
>> interest in retaining him. In fact when we had full time CCPD and two Dy
>> Commissioners, (Ms. Sunita Singh, if you remember who looked after the
>> court
>> work) the work started to roll but Ms. Sunita Singh was recalled soon.
>>
>> Its less of his fault than of the system that he works in. I am not
>> defending the officer, but the sheer number of staff and multiple
>> responsibilities that have been handed over to the counted staff is mind
>> boggling and the Ministry is least bothered about it for no one is
>> agitating. None of us would be able to justice with that pendency number
>> with higher expectations of the sector from them. Then gradually when they
>> can't handle the sheer number they start prioritizing and take action on
>> cases which are urgent in nature, or on which there is likelihood of
>> ministry or media or court taking a note of. This further rottens the
>> system
>> and most cases start dragging for years with no justice seems coming.
>>
>> Also lot of work that the state commissioners should be doing is falling
>> on
>> the office of CCPD being the central office and half the time the CCPD
>> does
>> only post office work - forwarding representations from states to state
>> commissioners - ofcourse with handly much action happening on them.
>>
>> I think the way out is to expand the CCPD office and provide trained staff
>> to the office. At least four Dy. Commissioners and one full time CCPD with
>> trained staff and fully computerised system of tracking matters.  I would
>> agree with the idea of having a judge or an advocate experienced in
>> disability law & human rights holds this office instead of Babus and NGO
>> heads. The Ministry of Social Justice has to seriously take a note of it
>> and
>> disability sector should lead a strong agitation.
>>
>> On George's point of removal of employee with disability on ground of
>> non-performance, we have got an infamous order from none other than
>> Hon'ble
>> Supreme Court in the case Union of India Vs. Devendra Kumar Pant, on which
>>
>> I
>> wrote my reflections on my blog:
>> http://disabilityrightsthroughcourts.blogspot.com/2009/07/reflections-on-supreme-court-judgement.html
>>
>> However, before deciding the legality of removing a person with disability
>> from job on account of non-performance, I would say, it is necessary to
>> look
>> at whether the employee was given reasonable accommodation, assistive aids
>> and devices required to perform that job and sufficient training. Also
>> whether the bad behaviour has been construed because the employee demanded
>> such accommodation and support and was not given.
>>
>> Mere declaring a person useless and charge him with bad behaviour is the
>> easiest thing to do which is often done by insensitive employers and
>> colleagues.There is an urgent need of guidance to the employers to this
>> effect- both in Govt. and in private and also there is an urgent need of
>> providing support systems like technology, assistive aids, adaptation and
>> reasonable accommodation at the cost of Government to provide equitable
>> opportunities to those experiencing disabilities.
>>
>> regards
>>
>> Subhash Chandra Vashishth
>> Advocate-Disability Rights
>> 09811125521
>> 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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>>
>
>
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>
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