Shimla-The rights of the disabled aren’t only a human rights issue, but it is also a developmental issue. Yet, in India, this section of society is struggling to get into the mainstream and compelled to go to courts to fight for their rights, including equal access to education. Himachal Pradesh is no different when it comes to adopting a comprehensive approach and modern technology to level the field for these students. Display of sensitivity is limited to showing sympathy and feeling sad for persons with disabilities that undermines their potentials and individual capacities to excel in life.
Owing to erroneous attitude towards persons with disabilities, children trying to access education often face neglect from governments that makes their already hard lives harder.
Very recently, such gross negligence and defiance of court orders on the part of the Department of Social Justice and Empowerment, HP Government, came to light after an autistic student of the first year at Government Degree College, Kandaghat, couldn’t take his exams because the current guidelines of the state government make it a mandatory condition that the qualification of his scribe should be one step below the qualification of the candidate taking the examination.
Contrary to these “Guidelines for conducting written examinations for the Persons With Benchmark Disabilities” Hon’ble High Court of Delhi in Aditya Narayan Tiwari Vs. Union of India (dated 4.12.18) has clearly directed the Ministry of Social Justice & Empowerment, Government of India, to not fix any qualification and age criteria for scribes until the examining body doesn’t have its own panel of scribes. Following these orders in the said case (a writ petition), and Union Minister of Social Justice and Empowerment and the University Grants Commission had sissued fresh notifications with special clarification on the criteria of qualification and age on January 6, 2019, and February 26, 2019, respectively.
Moreover, the principal of the college was not clear on the guidelines.
The college told the father of the candidate, Mr Vishal Gupta, that it had forwarded the matter to the University for further clarification, which did not come as quickly as it was supposed to. Himachal Watcher also spoke to Mr Gupta.
“My son is suffering autism (60%) and recently got admitted to BA Part-1 course at Government Degree College Kandaghat, Solan. The previous principal was very co-operative and had allowed a scribe after consulting the University. But now, ahead of my son’s house exams, I was asked to visit the college. The college asked me to provide a copy of the guidelines. I told the Principal that the college was supposed to have these guidelines already,” he told Himachal Watcher (HW).
“The Principal told me that the exams of my son will be put on hold and would be considered only after receiving a copy of the guidelines from the University. While all other classmates are taking examinations, my son couldn’t take two exams which begin from March 13, 2021,” he further told HW.
“I don’t blame the college for this. This entire issue and inconvenience stem out of a grieve negligence on the part of the HP University as it did not circulate directions of the UGC in this regard to the colleges,” Mr Gupta said.
However, when HW took up the issue with the University authority, it turned out the varsity was not at fault either. The varsity was yet to adopt the new guidelines issued by the Department of Social Justice and Empowerment in 2020, hence, previous guidelines (2013) were already applicable. Therefore, the varsity wasn’t supposed to issue any new notification.
Mr Gupta contacted Ajai Shrivastava, Chairman of Umang Foundation (NGO) and Expert Member, HP State Advisory Board on Disability, HPU, and brought the matter to his attention.
It’s pertinent to mention that Mr Shrivastava had been fighting vigorously for the rights of the disabled in Himachal Pradesh, especially for their right to equal access to education at all levels for over a decade now. It was on his PIL that the State High Court had given a landmark judgement directing the Himachal Pradesh Government to provide free education to the students with disabilities up to the university level.
The court had also enhanced the amount of their scholarship and awarded Rs. one lac to the Umang Foundation to be spent for the welfare of the disabled children.
Mr Shrivastava, on being contacted by Mr Gupta, immediately wrote to the Chief Minister requesting him to make the Social Justice and Empowerment Department to withdraw its guidelines which are illegal as these did not comply with the court decision and UGC notification. He also held a press conference at the Press Club, Shimla on March 14, 2021.
“Addl. Chief Secretary (SJ&E) to the Govt. of HP has issued and further circulated the “Guidelines for conducting written examinations for persons with benchmark Disabilities 2020” for implementation on 16th December 2020,” he wrote in the letter.
“In fact, the above-mentioned guidelines have been issued by the HP Govt. in violation of the orders of Hon’ble High Court of Delhi in Aditya Narayan Tiwari Vs. Union of India, dated 4.12.18. In this litigation, Ministry of Social Justice and empowerment, GOI; Ministry of Education, GOI, and UGC etc. were respondents,” he further wrote.
Mr Shrivastava clarified that the Ministry of Social Justice and Empowerment on dated 1.1.2019 issued an Office Memorandum for the “Compliance of orders of Hon’ble High Court of Delhi in the matter of Aditya Narayan Tiwari Vs. Union of India.”
He also clarified that the UGC dated 26.2.2019 wrote to all Registrars of Universities across the country for compliance with the order of the Hon’ble High Court for implementation. The Ministry of S.J. & E. and the UGC, both have reproduced the order of Hon’ble High Court of Delhi as under:
“Till the panel of scribes is formed if any examination is conducted by any of the departments wherein the petitioner and similarly situated persons appear in the exam. the guidelines dated 29.8.2018 shall not be applicable, however, the candidate shall appear in terms of guidelines dated 26.2.2013. ”
Mr Shrivastva further went on to say that it very unfortunate that despite the above, the Department of Social Justice and Empowerment, Himachal Pradesh ignored the directions of the Union Ministry of Social Justice and Empowerment and issued its guidelines.
“It’s gross negligence on the part of the state government. And, the Department of Higher Education whose examinations are governed by UGC through Himachal Pradesh University, has already implemented the said illegal guidelines. HP State, he said.
Further, he wrote that the Education Board has also implemented it.
Mr Shrivastva asked the Chief Minister to keep in view the directions of The Ministry of S.J. & E. and the UGC, withdraw these guidelines of the State Government issued on dated 16.12.2020 in the interest of justice to persons with benchmark disabilities.
However, the Chief Minister Office seems to have its priorities.
Currently, one of the topmost priority of the current government led by Chief Minister Jairam Thakur appears to be the preparation for the Swarnim Himachal” celebrations and Swarnim Himachal Rath Yatra. Chief Minister is personally looking into preparations and has even constituted a High Power Committee regarding preparation for the said celebration. As a matter of fact, yesterday, the Chief Minister held a review meeting for the same at Peterhof, Shimla. Another priority, which huge billboards placed across the state indicate, is to advertise the “Swarnim Himachal” celebration.
The state of these students is a spoiler for the “Swarnim Himachal” celebration as it contradicts claims of achieving milestones in developmental works.
It should be kept in mind that fighting their battle in courts for their rights wasn’t enough to make the state government attend to this section of students. Further, the deliberate contemptuous approach of the bureaucracy is also clearly visible.
Before jumping to some references to the government’s grieve world of neglect for the disabled, try to realize the sensitivity of the matter with comments provided by Deven Khanna, a practising advocate at the HP High Court.
“It is necessary that an explicit, unequivocal and comprehensive procedural mechanism are constituted for the benefit and betterment of disability rights. It is pertinent to fathom that human rights of those living with disability cannot be fought for and secured in a vacuum,” Deven says.
It is apparent that the issue of disability is linked with several other social, economic and political aspects including those of chronic poverty, gender inequality, mal-administration and political victimization. This must be eradicated to create the ‘disability right’ an actual reality. As far as planning and policy-making process about lives and complete recognition and implementation of the human rights of the disabled and other associated rights are concerned, there must be active inclusion of the disabled people in the same process, he says.
India, one of the first few signatories to the United Nations Convention on the Rights of Person with Disabilities, has not complied with the provisions of the same, he says.
The Constitution of India, under Article 41, imposes a duty on the State to generate necessary and effective provisions for securing the right to work, right to education, and to public assistance in cases of unemployment, old age, sickness and disablement.
Laws Relating to Disability:
- Constitution of India – Article 19, 21, 41 and 226
- The Rights of Persons with Disabilities Act, 2016.
- UNCRPD Article 9
- Rehabilitation Council of India Act, 1992
- The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, 1999
- Rights of Persons with Disabilities Act, 2016
- Mental Health Care Act, 2017
“The State must conduct a discussion of human rights for the persons with disabilities in-depth, so that benefit can be availed out of it. As human beings along with access to and realization of all fundamental and elementary rights, persons living with disabilities require a safe, secure, convenient, beneficial and accessible environment which respects their human dignity,” Devens adds.
Now, consider the following references:
In May 2016, Mr Shrivastava had highlighted how the government was violating orders of the High Court by not providing library facility to the blind and deaf students in the special school at Dhalli. Blind students needed digital library apart from Braille books.
There was no science laboratory in the school. The dead line fixed by High Court to appoint new teachers had also expired on 3rd December 2015, he had alleged.
The government had completely failed to implement the High Court orders that had given relief to the disabled children studying in special schools at Sundernagar and Dhalli, Shimla on the PIL filed by Ajai Srivastava.
In September 2016, the Chief Commissioner for Persons with Disabilities (CCPD) from the Centre was visiting Himachal Pradesh to take stock of the status of facilities for disabled persons, Mr Shrivastava had alleged that the state government of portraying a misleading picture of the disability sector. He had submitted to the CCPD alleging the government had not implemented the CCPD’s examination guidelines for the blind persons despite the High Court’s order on his PIL. He had apprised the CCPD that special school for blind and deaf girls at Sundernagar and a special school for boys at Dhalli, Shimla were poorly managed and lack basic amenities.
In a separate case, Indu Kumari, a poverty-stricken girl from the backward region of Chamba district, in her letter on July 21, 2017, told the Chief Justice that she completed her BA from Rajkiya Kanya Manha Vidyalaya College, Shimla.
However, she was denied admission in MA (Political Science) by HP University despite a provision of a five percent quota for disabled candidates under the Rights of Persons with Disabilities Act, 2016.
Not just Indu, but several other students were also told that the provisions of the new Act were not implemented in the university. These students had to return disappointed.
However, the High Court had come to the rescue of these students by considering the letter as a Public Interest Litigation (PIL).
In August 2017, as a tight slap on the face of Himachal Pradesh University and the State Government, the State High Court had asked them to explain reasons for not ensuring a five percent quota in higher education institutes for disabled students.
Earlier, the division bench comprising Justices Rajiv Sharma and Tarlok Singh Chauhan has passed a judgment on 4th June on the PIL filed by Umang Foundation (No. 30 / 2011). The bench had directed the Dr. YS Parmar University of Horticulture and Forestry (UHF) Solan, Himachal Pradesh University, Shimla and CSK Agriculture University, Palampur to provide free education to disabled children within a period of six weeks. But despite court orders, the UHF Nuani had denied doing so and Ajai Shrivastava had to write to the Registrar of Dr YS Parmar University of Horticulture and Forestry, warning that if the university does not provide free education as per the court’s order, a contempt petition will be filed.
In September 2017, the Disabled Student Association had alleged the Department of Social Justice and Empowerment of withholding scholarships of the thousands of disables studying at the government educational institutes.
When these students approached the Directorate of Scheduled Cast, OBC, and Minority Affairs; they were simply told that there was no budget for their scholarship. Pertinent to mention here that the majority of these disables belong to economically weaker sections of the society and come to the varsity from remote regions in hope of higher education.
In October 2017, The Disabled Students Association (DSA) wrote to the Governor of Himachal Pradesh Acharya Devvrat and urged him to immediately demanding the implementation of reservation of seats in MPhil and PhD under the Rights of Persons with Disability Act, 2016.
However, it did not bring any relief to them.
Further, this indifference toward disabled students is apparent from the fact that the accessible library for the disabled students of Himachal Pradesh University was inaugurated by Chief Minister Jairam Thakur on July 22, 2019, didn’t have basic facilities like a washroom and students, especially visually impaired girls faced huge inconvenience. For a toilet, the Disabled Students and Youth Association (DSYA), Himachal Pradesh, had to submit a memorandum to the Governor and Chancellor, Bandaru Dattatreya, on December 13, 2019.
It was not surprising that the Chief Minister inaugurated a library facility without basic facilities because it was merely a formality performed in response to an order of the State High Court passed in a PIL filed by a disabled student, Banita Rana, in 2014.
In March 2020, visually impaired and other disabled candidates, who were qualified for teaching posts, had to approach the Himachal Pradesh High Court complaining that the government is violating the Rights of Persons with Disabilities Act, 2017 by not implementing reservation to visually impaired and other disabled candidates, who are qualified for teaching posts, in schools, polytechnics and colleges.
Considering the way disabled students were made to fight for their right to equal access to education and even the most basic facilities, previous and current governments laid more focus on their political interests than attending to the hardships of these children.
Unfortunately, while the previous Congress Government failed these disabled children, the current BJP Government went one step ahead in making their lives harder by passing new Guidelines of its own in 2020 which contradicts court orders and directions of the Union Ministry of Social Justice and Empowerment.
The topmost priority, not only of the current government but also previous ones, is to ensure retention of power through politics than attending to very sensitive and urgent matters, like making education equally accessible to disabled children of the state.
Regarding Court Orders in Writ Petitions Filed in 2013 and 2018 Over Availing Scribe for Written Examinations
On a Writ Petition filed in the Delhi High Court (Subhash Chandra Vashishth vs Institute of Chartered Accountants of India) in 2012, the Court in its judgement given on 11, 2013 had directed the Government of India “to abolish current restrictions/conditions imposed on scribes in terms of qualifications.”
Later, in Aditya Narayan Tiwari Vs. Union of India case dated 4.12.18, the Delhi high court clarified on revised guidelines and made it clear that “Till the panel of scribes is formed if any examination is conducted by any of the departments wherein the petitioner and similarly situated persons appear in the exam. the guidelines dated 29.8.2018 shall not be applicable, however, the candidate shall appear in terms of guidelines dated 26.2.2013. ”
But no such panel was formed and the responsibility of availing scribe still lies on the candidate.
Based on a notification issued from the Ministry of Social Justice and Welfare in January 2019, in February 2019 UGC issued a notification to all concerned Universities directing them to communicate the same to all colleges/institutes affiliated with it.
India’s Revised Vaccination Policy and Supreme Court’s Role Behind This Change in Approach
Shimla-Free vaccine to all Indian citizens above 18 years of age would be available from 21st June onwards, the Government of India announced yesterday. The Centre has also announced that private hospitals would not be able to levy arbitrary charges for vaccination and the rate would be fixed. The government also rolled back its policy for procurement of vaccines, which was under heavy criticism not only from the opposition but also from the Supreme Court of India.
Though, the Centre claimed that the roll-back was a result of the demands raised by state governments, but some believe this decision came right after harsh judicial scrutiny of the government’s previous policy by the Supreme Court, whose initiation is being lauded by the citizens of India amid this pandemic.
“Many states came forward with a demand for reconsideration of the vaccination strategy and for bringing back the system that was there before 1st May,” the Centre said while defending the rollback.
Also, the Centre was even objecting to the court’s jurisdiction in matters related to policymaking and had termed it as an encroachment on the jurisdiction of the executive. However, very mindful of its jurisdiction, the court had mitigated this allegation of the Centre by explaining how policymaking is subject to judicial scrutiny. The court made the Centre aware of the ‘dialogic judicial review’, where the Court can question the executive and demand justifications from it over non-conformity of a policy to the constitutional rights.
Furthermore, the Supreme Court had grilled the Union government over its faulty and discriminatory policy as states were left on their own for the procurement of vaccines. In its orders passed on May 31, a bench comprising of Justice DY Chandrachud, L Nageswara Rao and S Ravindra Bhat came down heavily upon the central government. The bench had termed the policy approach as “arbitrary and irrational” because it did not provide free vaccination for the 18-44 year age group. The bench had sought clarification on policy and dual pricing in which states were being made to procure vaccines directly from the manufactures and were invariably paying more for vaccines while the Centre procured the same vaccines at lower rates.
“Due to the changing nature of the pandemic, we are now faced with a situation where the 18-44 age group also needs to be vaccinated, although priority may be retained between different age groups on a scientific basis. Hence, due to the importance of vaccinating individuals in the 18-44 age group, the policy of the Central Government for conducting free vaccination themselves for groups under the first 2 phases, and replacing it with paid vaccination by the State/UT Governments and private hospital for the persons between 18-44 years is prima facie arbitrary and irrational” a bench observed while passing an order on May 31, 2021 concerning a Suo moto case on “Re-Distribution of Essential Supplies and Services During Pandemic”.
Further, the court had also expressed concerns over the digital divide which would make accessing vaccine equally difficult for a large section through online registration.
Earlier, in its orders passed on April 30, the bend had observed that this policy approach would be “detrimental to the right to life and health”. The bench had also observed that this policy requires rethinking, as it needs to be formulated in conformity with the provisions of Articles 14 and 21 of the Indian Constitution.
The bench aggressively went on to order the government to share all details of the vaccine purchase and distribution, as well as provide information on how the budget allocated for the vaccination (₹35,000 Crores ) was used.
Provisions of the New Vaccination Policy
- Procurement of 25 per cent vaccinations which was earlier with states will now be undertaken by the Government of India.
- The government of India will buy 75 per cent of the total vaccines produced and will provide it to the states free of cost. No state government would be spending anything on vaccines.
- The system of 25 per cent vaccines being procured directly by the private hospitals will continue. Private hospitals can’t charge more than 150 rupees service charge over the decided price of the vaccines.
The Centre said that this policy would be rolled out in two weeks.
“In two weeks, the Centre and states will make necessary preparations as per new guidelines,” the Centre announced yesterday.
Till today, more than 23 Crore vaccine doses have been administered in the country.
To ward off the embarrassment caused by such a contentious policy which was not conforming with the constitutional rights of the citizens, Prime Minister Narendra Modi, without referring to the judicial review, blamed it on the state governments.
“As the corona cases started declining, questions arose about the lack of choice for states and some people questioned why the Central government is deciding everything,” he said.
“India’s vaccination program was run mostly under the Central government. Free vaccination for all was moving forward and people were showing discipline in getting vaccinated when their turn came, amid all these demands for decentralization of vaccination were raised, the decision about priority to certain age groups was raised. Many types pressures were exerted and certain sections of media took it as a campaign,” the PM said.
But with that being said the role of the judiciary in making the government roll back its policy in the interest of the people is being lauded as the victory of judicial review. Also, it has attracted positive response for the apex court which was being alleged of evading several matters related to the public interest under the pressure from the current political regime.
Pradhan Mantri Garib Kalyan Anna Yojana Extended Till Deepawali.
In another major announcement, the Central government announced the extension of the Pradhan Mantri Garib Kalyan Anna Yojana till Deepawali.
As per the announcement, till November, 80 crore people will continue to get a decided amount of free food grain every month.
Wah Re Corona: Himachali Folk Artist’s Lyrical Satire is Factual Rendition of India’s Agonizing Catastrophe
Shimla-Otherwise blatantly vocal and distinctively mass-mobilizing government of India is suddenly in the most subdued self after its proclaimed victory over the deathly virus; participation in uncontrolled election rallies; and permitting maha melas. The stalwarts are in the hiding, while helpless citizens – who voted them into power not once but in landslide victories twice – are dying due to lack of oxygen, poor – unavailable – medical facilities, and the denial stance of the ignorant in the helm.
Drawing a comparison between the fatal coronavirus and the mismanagement of the entire situation by the appalling government; a Himachali folk artist has released a factually appropriate lyrical satire that will tickle your mind and leave you to imagine what has brought this catastrophe onto us. The song is written by Rameshwar Sharma and music by Lalit Sauta.
With Neighboring States Going to Curfew, Himachal’s Tourism Sector Again Comes to a Halt
Shimla-Himachal Pradesh Government may not have imposed restrictions on tourist movement, but the industry is facing the heat of second wave of coronavirus pandemic, which has now reached an alarming level. Alarmed by massive spike in new cases and fatalities, Delhi yesterday imposed a curfew for six days.
Further, with neighboring states including Panjab and Haryana going into a lockdown-like situation with the imposition of weekend curfews, tourist influx in Himachal Pradesh has dropped drastically, hitting the tourism industry in Himachal Pradesh. Last weekend the hotels claimed the occupancy was almost zero. The hoteliers and other stakeholders said the current situation is similar to what they faced during the lockdowns last year. After lockdowns spoiled the peak tourist season of the last year, the industry is hardly in a position to take another blow, hoteliers said.
Conditions in Himachal are no better. In 19 days of April month alone, the state has recorded over 14,000 cases and the infection has claimed 155 lives, which is a massive surge in a very short duration. The rates of the surge in new cases and fatalities have also been recorded to be much higher as compared to the previous year.
The state government on Monday said that all educational institutions of the State would remain close till May 1 2021, and faculty of schools, colleges and universities wouldn’t have to come to duty.
The State Government also decided to put a complete ban on transfers of field functional staff.
Right after getting a nod from the Centre, the state government had also postponed the board and UG examinations. Further, the HP Board of School Education is reportedly mulling over promoting class 10 students.
Chief Minister on Monday also said that the government could take more decisions to contain the spread in the meeting to be held on April 22. Some media reports said that the state government has hinted at the imposition of a curfew. While interacting to media yesterday, Chief Minister had also said that there are no plans for a complete lockdown, but if the situation continues to worsen, a curfew can be imposed. The Chief Minister had been maintaining that a lockdown would be the last resort as it would hurt the tourist influx, thus, cause economic damages.
However, if the businessmen and hoteliers are to be believed, currently keeping the state open for tourism is hardly providing any relief. Moreover, they are not able to differentiate between a curfew and lockdown. They have begun to seek relief from the state government.
On the other hand, in case the state decides to impose a curfew, the situation would get quite difficult for the poor, especially migrant workers, daily wagers, and small street-side vendors too.
Further, fear of the collapse of health infrastructure haunts the state as the government is still in the phase of passing directions to the officers to enhance the bed capacity in the hospitals. As per the statement given by Chief Minister on Monday, the state is yet to take steps to ensure the proper availability of oxygen and staff.
“Steps would be taken to ensure the proper availability of oxygen and medical staff in the State. Bed capacity would be enhanced in Nerchowk Medical College, IGMC Shimla, Zonal Hospital Dharamshala, Tanda Medical College, Sunder Nagar Hospital and various other hospitals. Health workers would be posted in appropriate number for the care of Covid-19 patients,” Chief Minister said.
Chief Minister is being condemned for not completing make-shifts hospitals during the lockdown period along with strengthening the health services the way the it was required.
With the re-notification of Shimla’s DDU hospital- one of the busiest in the state- as a dedicated COVID care hospital, the OPDs has been closed. With the ongoing surge in new cases, more hospitals are likely to be re-notification as dedicated COVID care hospitals, and regular OPDs would be closed for other daily patients.
Moreover, for setting bad examples for the people, all political parties and their leaders, including Chief Minister Jairam Thakur, had faced severe criticism over blatant violation of COVID-19 protocols during campaign rallies for the elections to the Municipal Corporations. As a result, the public is hardly taking the second wave seriously and lowering their guards against the infections, which is only worsening the situation.
Video: How HPBOSE Will Calculate and Allot Marks to Class 10 Students
HP Cabinet Decisions June 11: Read New Corona Curfew Guidelines, UG Exams Schedule, Reliefs and Other Decisions
After 15 Years of Passing of Forest Rights Act, Implementation in Himachal Still in Doldrums, Jeopardizing Ecological Conservation
554 New Covid Cases, 15 Deaths in 24 Hours in Himachal
Intellectual Property Rights and Global Access to the Covid-19 Vaccine
New Curfew Rules for Himachal Pradesh from May 31st: Read All Changes and New Timings
HP Govt Issues Time for Slot Opening on COWIN Portal for 18-44 Year Age Group
Himachal Pradesh Reports First Case of Black Fungus, Centre Writes to States to Declare It An Epidemic
On First Day of Vaccination Drive in Himachal Pradesh (18-44 years), 19810 Vaccinated
Fear of Himachal’s Health Workers Comes True as a Corona Warrior Succumbs to Infection
News2 months ago
Read New Rules for Entry into Shimla & Who is Exempted from Quarantine Who’s Not
News1 month ago
Curfew Rules in Himachal to Change from May 10, More Restrictions to be Imposed
News1 month ago
HP Govt’s Corona Curfew Guidelines: Read What’s Allowed, What’s Not
News2 weeks ago
New Curfew Rules for Himachal Pradesh from May 31st: Read All Changes and New Timings
News1 month ago
Corona Curfew in Himachal Pradesh From May 7, Public Transport to Remain Operational, Educational Institutes Closed Till May 31
News1 month ago
Himachal Pradesh: Read Curfew Relaxation Timings in All Districts
News2 months ago
Corona Curfew in Himachal Pradesh’s Four Districts, RTPCR Test Report Mandatory for Visitors
News3 weeks ago
HP Govt Issues Time for Slot Opening on COWIN Portal for 18-44 Year Age Group