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From Exploitation To Empowerment A Socio Legal Model Of Rehabilitation And Reintegration Of Intellectually Disabled Children 1St Ed Edition Asha Bajpai full chapter pdf docx
From Exploitation To Empowerment A Socio Legal Model Of Rehabilitation And Reintegration Of Intellectually Disabled Children 1St Ed Edition Asha Bajpai full chapter pdf docx
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F RO M
E X P L O I TAT I O N
TO
EM P OWERMENT
Asha Bajpai
From Exploitation to Empowerment
“I would like to congratulate Ms. Bajpai for writing this book on a very impor-
tant topic namely empowerment of intellectually disabled orphan children.
This book should help students, teachers, lawyers and social workers and the
Government in understanding the problems of children in need of care and pro-
tection and the solution to end their concerns. Ms. Bajpai was appointed to help
the court as ‘Amicus Curiae’ and to assist the court on several important issues.
It was only because of her help I could pass several orders to help these children.
I wish her all the best in her new endeavour of putting on record her arduous but
immensely successful journey of bringing hope and light in life of these children.”
—Kanade V. M. Justice, Retd. Mumbai High Court
From Exploitation
to Empowerment
A Socio-Legal Model of Rehabilitation and
Reintegration of Intellectually Disabled Children
Asha Bajpai
Tata Institute of Social Sciences
Mumbai, Maharashtra, India
This Palgrave Macmillan imprint is published by the registered company Springer Nature
Singapore Pte Ltd.
The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore
189721, Singapore
Foreword
1I owe this distinction, which I have used variously in my writings, to Judith N. Shklar,
v
vi Foreword
2Seyla Benhabib, ‘The Generalized and the Concrete Other: The Kohlberg Gilligan
Controversy and Feminist Theory’, in Situating the Self: Gender, Community, and
Postmodernism in Contemporary Ethics 148–77 (New York: Routledge, 1992).
3Virginia Held, The Ethics of Care: Personal, Political, Global, at 10–13 (Oxford
University Press, 2006). See also, Nel Noddings, Caring, A Feminine Approach to Ethics &
Moral Education, (Berkeley: University of California Press, 1984.)
Foreword vii
quashed the detention in the Institute of Human Behaviour and Allied Sciences (IHBAS)
of 71-year-old Ram Kumar who was ‘unbeknownst to his family, taken away to IHBAS
for observation for two days’ and his ‘unlawful detention’ was continued by orders issued
on November 5 and 20, 2017, by the Metropolitan Magistrate at Rohini. While this case
concerned a senior citizen, Dr. Bajpai speaks of intimidating and adverse conditions of
adults housed in children’s home and children who spent the entire life in the ‘home’. Ram
Kumar’s only fault was to express anger by shouting and even creating a ‘ruckus’ at law’s
delays (he was a petitioner in person). He was kept under ‘observation’ at IHBAS, though
he was not found to be maniac depressive or in any way mentally unsound. While the Delhi
High Court reproached him for suffering a ‘litigation neurosis’, it did not concede any
mental illness. It ordered his release on November 25, 2017, but on April 26, 2018, gave
a seven-part detailed constitutional judgment. The decision is notable for its impassioned
plea for the ‘complete dismantling of the penal custodial model of health care’ and the alert
for everyone to view the mental health law as ‘essentially concerning the right to treatment
and care of persons’ consistent with their rights to ‘liberty and dignity and need for auton-
omy’ (italics added). It is also notable for the issuance of a collective judicial apology to the
petitioner and directions for adequate compensation.
viii Foreword
While we await the signs of the birth of caring state institutions, all of us
in Indian society must come to regard the people living with disabilities
as co-citizens, and subjects rather than objects of social development.
I place this slender but significant volume in your hands with a hope
that an India-wide Chunauti—a challenge to confront injustices meted
out to people living with disabilities—acquires a summoning urgency
because we all are bound by the Fundamental Duties of Citizens under
Part IV-A of the Constitution of India.
ix
x Preface
2In Re Articles in Mumbai Mirror 2017 SCC Online Bom 418, Para 27 available at
3MDC homes in Maharashtra are where intellectually disabled children are housed in
State care.
xii Preface
first time, a group of such children faced the criminal justice system and
gave evidence in Court against the perpetrators and also got conviction.
One of them gave evidence through the sign language. This was a land-
mark event setting a precedent for children with intellectual disabilities
and hearing and speech impairment, children in institutional care, to give
evidence in courts. Special Public Prosecutor admitted that the main evi-
dence in the case was the testimony of children with mental disabilities,
who despite their trauma came forward and testified. He said that it was
their bravery, which helped to prove the case, and led to conviction of
the accused.
After their rescue, the question of their rehabilitation remained. The
common perception about children with intellectual disabilities under
institutional care is that that these children just need food, clothes, shel-
ter, medicines, and protection or safety. This often leads to not provid-
ing them with opportunities to help them develop and improve their
life condition to live with dignity and respect. The trauma and confu-
sion in the minds of these children were immense. They also needed
other developmental and therapeutic inputs to help them become more
independent. Hence, funds were collected and the Project Chunauti, a
field action Project of the Tata Institute of Social Sciences (TISS), was
initiated to provide the children with a chance for a better life. Project
Chunauti is a partnership project between several stakeholders. Each
stakeholder has a vital role to play in ensuring the rehabilitation.
The current mindset is that people with intellectual disabilities can
never do anything and must remain in the institutions for the rest of
their lives, with no training, no education, no skills, waiting for death to
come. They generally do not go to school. There is no structured curric-
ulum. Many of them go to activity classes for a short time doing art and
craft. So, you see 50, 60, and 70 years old in these institutions, as they
have no options. In most countries, preconceived notions and a predom-
inantly medical view of disability contribute to negative attitudes toward
people with disabilities. Often, they are portrayed as sick, defective, and
deviant persons, as objects of professional intervention, as a burden to
themselves and their families and dependent on another people’s charity.
These deep-rooted views have consequences for their opportunities in
getting education and work or raising families of their own. Everywhere,
persons with disabilities make up a large portion of the poor, vulnerable,
and marginalized. These children being orphans were doubly disadvan-
taged. It was this mindset that the Project Chunauti wanted to change.
Preface xiii
must be allowed to return, if they are unable to adjust and adapt. Laws
that are implementable and that support them to help them learn to take
more initiative and control over their lives are needed. There must be
accountability built in laws for those who violate the provisions.
India has around 430 million children (0–18), the largest population
of children in the world. There is a need to ensure that ALL children
grow up healthy, in terms of both physical health and mental health, and
have sufficient opportunities to contribute to the growth of the coun-
try. It is estimated that many children are destitute and orphans or with-
out parental support in the country. Many of them have been placed in
institutional care under the juvenile justice system. Children, by virtue
of their age, often need special care and protection that adults do not
but children with disabilities have a complex set of needs and encounter
a myriad of social and physical and above all attitudinal barriers. Barriers
which put them into heightened risk of their rights being violated. We
need a policy for deinstitutionalization and independent living. State
must provide housing and jobs for such children and support their inde-
pendent living.
Chunauti was a long and difficult journey. This empowerment of
intellectually disabled children requires huge resources. It requires
intense specialized inputs. Each child has different needs and requires
different support system. The results are gradual, slow with various set-
backs at different stages. Funders that count their achievements in num-
bers and figures do not fund such projects. We had earlier funders but
it was the National Stock Exchange (NSE) that understood their needs
and went beyond counting the number of beneficiaries but instead
looked at the quality and intensity of services to the most marginalized
and vulnerable section of the society. No wonder they were awarded
with the Award for Best CSR Project in the Innovation Category by the
Federation of Indian Chambers of Commerce and Industry (FICCI).4
We are grateful to Mr. Huzan Mistry (Strategic Business Head, New
Products and CSR); Ms. Rema Mohan, CEO, NSE Foundation; and Ms.
Nivya Nair and Mr. Vijay Zarekar of NSE. I would like to make a spe-
cial mention of Ms. Rema Mohan, who was extremely sensitive toward
the special needs of these children. This journey would not have been
possible without the financial support of NSE. We need more such cor-
porate houses going beyond the ‘number game’ and providing resources
and funds for the cause of persons with intellectual disabilities.
This project really went through hard times. Without the directions
form the Courts, this process would not have been possible. The courts
were a great support in this journey. Their directions made the State and
its agencies take action. The Court direction also provided compensation
from the State to 35 children, both boys and girls.
I am honored that Prof. Upendra Baxi, the world-renowned legal
scholar, distinguished jurist, and eminent legal academic, agreed to write
the foreword, for this book. My sincere thanks to him.
This journey was a great team effort. I am extremely grateful to
my colleague Ms. Sarita Shankaran for standing beside me like a rock
for the cause of the children, throughout the entire journey. A trained
social worker, her inputs relating to social work practices and processes
enhanced the rehabilitation and reintegration of children. Her inputs,
especially in Chapter 3 of this book which include social work interven-
tions, were very significant.
I would like to express my deepest appreciation to the dedicated
Chunauti team. Together the team faced many challenges. Every dis-
appointment, every pain, and hurt served to make the Chunauti team
stronger and move toward its goal. Archana Walanjkar, the project coor-
dinator, worked hard and tirelessly in the field in spite of all odds. She
built remarkable rapport with each and every child and monitored their
progress. Prerna Gautam helped us in the tedious but vital task of docu-
mentation of this entire journey. She constantly updated the documents
to keep current with the Court orders, Media reports, and developments
in the project. Giselle Lawrence dealt with the children with utmost
patience, diligence, and most importantly, with love and kindness. She
has been with the children, as a counsellor, right from the beginning.
Geeta Sakat, a highly skilled special educator, worked extremely hard
with the children who had never been to school. She devised innova-
tive methods to make them learn and understand. Parimala Sanagani,
the administrative assistant, was instrumental in ensuring that the finan-
cial and personnel processes were taken care of. The caretakers—Neelam
Bhoir, Sangita Magar, and Pranita Patil—made it a point that the chil-
dren reach and return from the school safely. The gardener, Bhalchandra
Ture, provided the much-needed therapeutic inputs through plants
and trees. There were others who had to leave us midway but their
Preface xvii
the process and practices can be always adapted and improved. Hope
this publication will motivate the government, the policy makers, the
law reformers, the institutions, the civil society, the corporate funders,
the scholars, and the community to work toward rehabilitation, deinsti-
tutionalization, independent living, and social reintegration of the most
vulnerable section of the society—the intellectually disabled, orphan chil-
dren who have clearly shown that—YES, THEY ALSO CAN.
xxi
xxii Contents
References
201
Index 209
List of Figures
xxiii
List of Tables
xxv
Table of Cases
xxvii
xxviii Table of Cases
1.1 Introduction
The term ‘children with disabilities’ or ‘special needs’ is generally used
to refer to children up to the age of 18 years, who have ‘long-term phys-
ical, mental, intellectual, or sensory impairments, which in interaction
with various barriers, may hinder their full and effective participation in
society on an equal basis with others’.1 Such children are generally mar-
ginalized and are often disowned by their families. Some are orphans
and have nobody to look after them. Such children often languish in
government institutions, which are very often poorly equipped, lack
basic infrastructure, are badly managed, and are exploitative. In a sce-
nario where these institutions lack basic facilities, obtaining special care
for the development of mentally challenged children is a pipe dream.
They face discrimination in the form of systemic apathy, lack of adequate
policies and legislation; they are effectively barred from realizing their
rights to healthcare, education, and even protection and survival. They
are less likely to attend school, access medical services, or receive proper
nutrition. Their disabilities also place them at a higher risk of physical
abuse or sexual abuse. Currently, in India, we do not have a comprehen-
sive law, policy, or scheme to address rehabilitation and reintegration of
victims of child sexual abuse in institutions.
1 UN Convention on the Rights of Persons with Disabilities, Article 1. https://www.un.org/
development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html
(accessed on November 20, 2017).
2 Robert, G. Voigt, et al. (Ed.). (2015). Developmental and behavioral pediatrics, section
4 Mumbai Mirror is a local newspaper in the city of Mumbai, by the Times Group, the
from, ‘It was an extremely disturbing case—five kids had died, five had been locked up in
a room to die, and almost all of them were sexually abused regularly by caretakers. After
the expose, I expected justice for the kids and system to improve. Sadly, the initial response
from state government as well as police was pathetic. Cops investigating the case bungled
up and covered up the crimes. State wasn’t willing to make amends in working of homes
for Mentally Deficient Children (MDC). Child Welfare Committees (CWCs) meant to
keep a check on such homes were ill equipped and did not even have a proper office or
infrastructure to carry out regular inspections. Bombay High Court by taking up the case
suo motu not just ensured justice for the victims at Kavdas and Panvel, but its intervention
will go a long way in rehabilitation of mentally challenged children in other homes as well’.
https://mumbaimirror.indiatimes.com/mumbai/cover-story/no-kidding-over-kids-safe-
ty-hc/articleshow/58074653.cms (accessed on November 20, 2017).
1 THE BEGINNINGS—THE ABUSE AND EXPLOITATION 3
The issues which have been raised in the present case, would have to be
dealt with by taking immediate action to protract the welfare of children
involved, as well as by issuing systemic directions to the State Government.
The facts which have been stated in the judgment earlier are adequate to
support an inference that the provisions of the Juvenile Justice Act and
Rules have remained only on paper and that there has been a total failure
of the implementing machinery prescribed under the Act. It appears that it
is only when newspaper articles are published and the court is constrained
to take suomoto cognizance that the authorities have responded by taking
certain measures.9
A FIR10 was filed by the CWC.11 At the request of the Court, Asha
Bajpai, the amicus curiae,12 along with a counselor, Naina Athale, vis-
ited the children. The children were in a state of extreme trauma and
6 Suo Moto Public Interest Litigation (PIL) No. 182 of 2010 in the matter of: Article
tion introduced in a Court of law, not by the aggrieved party but by the Court itself or by
any other private party. It is not necessary, for the exercise of the Court’s jurisdiction, that
the person who is the victim of the violation of his or her right should personally approach
the Court. PIL is the power given to the public by Courts through judicial activism. Dr.
Asha Bajpai, the author, was appointed Amicus Curiae in this case by the High Court and
on her behest, a six-member State Coordination Committee for Child Protection (SCCCP)
was constituted to assess the condition of the other MDC Homes across the State of
Maharashtra.
8 ‘Amicus curiae’ means ‘friend of the court’. In many PILs, the Courts appoint an ami-
cus curiae, to assist them in formulating a viewpoint and to make inquiries and reports.
9 Ibid.
10 A FIR is a written document prepared by the police when they receive information
about the commission of a cognizable offense. It is also one of the most important sup-
portive evidences on which the entire structure of the prosecution case is built-up.
11 CWC is a body constituted by the State Government under the Juvenile Justice (Care
& Protection of Children) Act (JJ Act) to discharge all the responsibilities in relation to
children in need of care and protection.
12 The author of this book, Asha Bajpai, was appointed as an amicus curiae, i.e., friend of
the Court.
4 A. BAJPAI
13 The six-member committee consisted of child rights experts and leading NGOs
from Mumbai. It included Prof. Asha Bajpai (Chairperson), Dr. Harish Shetty, Ms. Sarita
Shankaran, Mr. Pramod Nigudkar and, Ms. Chitrakala Acharya.
14 The Department of Women and Child Development (DWCD), Government of
Maharashtra, provided the State Committee with a list of 29 MDC Homes in Maharashtra.
Of these, four institutions were listed as ‘not functioning’, one was listed as closed, and in
the case of one home, the government had canceled the registration. There were therefore
six institutions which were non-functional, leaving a total of 23 MDC homes to be visited
across six divisions.
15 MDC Homes means Mentally Deficient Children’s Homes in Maharashtra MDCs
homes. This is the term used by the government for shelter homes in which intellectually
disabled children in need of care and protection are kept.
1 THE BEGINNINGS—THE ABUSE AND EXPLOITATION 5
16 This home gets a full government grant. Staff is paid salaries according to government
scale, repairs, and maintenance are done by the PWD in the state, and facilities such as sup-
ply of warm water are readily available.
6 A. BAJPAI
who have one or both parents alive are to be supported and enabled
within the community. Instead, in Maharashtra, many children who
have one or both parents alive are left in MDC Homes. This contra-
dicts the very spirit of institutional care as articulated in the law.
• There appeared to be an inadequate understanding and improper
use of IQ tests. The aim of IQ tests for children before they enter
MDC Homes is to enable the staff of the home to understand their
level of disability and devise appropriate methods of engagement
with them. The IQ test needs to be repeated once every two years,
to help the staff monitor a child’s progress. If IQ tests at some stage
reveal that the child has shown improvement, this can facilitate the
child’s movement to a children’s home for those who are not men-
tally disabled. Many children who are sent to MDC Homes are
brought before the CWC in a state of some trauma. It is possible
that IQ tests done at that time are therefore not reflective of the
level of intelligence of the child. Thus, some children with above
borderline intelligence are put into MDC homes simply because at
the time of the test they may have been under emotional duress.
Since IQ tests are not conducted regularly, the results of the one
test done when they are presented before the CWC become set in
stone, sealing the child’s fate. From the MDC home, there is lit-
tle chance of him/her being ever sent to a home for children with
above borderline IQs as no follow-up procedures are in place. This
in turn renders the possibility of reintegration into society at the age
of 18 even bleaker.
• The health and hygiene of the children were matters of grave con-
cern. The nutritional needs were often not met as the homes were
managed poorly. Besides, many of the children needed assistance in
feeding and personal care, and there weren’t enough staff members
to cater to tend to them. This has lead to neglect of the health and
nutritional needs of the children. Several deaths of children have
occurred due to pulmonary tuberculosis, septicemia, hypothyroid-
ism, cardiac arrest, and alleged beatings as well. Due to the distance
of some homes from medical facilities, many children were not
able to get timely medical assistance. The lack of a separate grant
to reimburse medical expenses added pressure on the manage-
ments of the homes. This has resulted in inadequate medical care
for the children. There appeared to be a general impression that
children who are mentally disabled are also likely to be sick and die
8 A. BAJPAI
DWCD noted that they were not provided with the case files and regis-
ters. Yet, they did not take any action against the home. The reports did
not reflect any of the insights or comments of the DWCD on the health
and development of the children. It appeared that the case files were not
examined at all. The nefarious nexus between the managements of MDC
Homes and the DWCD seemed obvious.
The CWCs play a critical role in matters concerning the well-being
of children with mental disabilities, but they generally work part time
and on a contractual basis. Many of them were political appointees and
had no idea about child rights or juvenile justice. Across the state, CWCs
had little accountability to children with mental disabilities. They were
largely unaware of their roles and responsibilities. There were instances
of child labor and corporal punishment which are against the law, but no
action was taken. The staff was not recruited as per the recruitment crite-
ria mandated by the state. Only one home in the entire state had a code
of conduct in place that employees were expected to sign at the time of
joining the home. With the exception of a couple of shelter homes, no
other establishment in the state had the facilities, staff, or commitment
required to cater to the special development needs of children with men-
tal disabilities. As a result, only the basic needs of children—food, cloth-
ing, shelter—were taken care of. The primary requirement of all human
beings, to grow and develop to their full potential, was therefore entirely
neglected. This amounted to yet another violation of the rights of the
children who were in the care and protection of the state.
Children who are orphaned and mentally disabled need the care and
protection of the State. The notion that the Superintendent of each
home is the custodian of the children is a matter of irony, as it was
found that most Superintendents were unqualified and often uncaring of
their wards. Many of them were temporary or contractual, unqualified,
untrained, and several of them had alternate occupations/businesses.
The recent stories of horrific exploitation and neglect that emerged
from MDC Homes in Thane, Panvel, and Aurangabad highlight a sig-
nificant gap between the legislative framework and the ability of the
implementing and regulating systems to deliver on their promises. This
occurred because of failures of systems and policy, of management and
administration, as well as of institutions and personnel who were con-
cerned with inspection and monitoring, particularly the CWC and the
DWCD. The structures under the Juvenile Justice (Care and Projection
1 THE BEGINNINGS—THE ABUSE AND EXPLOITATION 11
of Children) Act 2000 were not set up, and if they were, they did not
respond. This report also revealed that in several parts of Maharashtra,
the primary bodies responsible for the safety and welfare of disabled chil-
dren (the DWCD and CWC) either collude in exploitation, thereby pre-
senting the farce of being child friendly, or simply do not perform.
The then Juvenile Justice system and other allied systems, like educa-
tion, health, disability, and law enforcement, did not seem to be capable
of responding to the needs of special children and were not equipped
to address the challenges of these special children. Intellectually chal-
lenged children need highly specialized care and attention. This would
require convergence between DWCD and other departments, like the
Commissionerate for Disability, for bringing in special services for the
care of these children. The majority of NGOs that were running these
homes also failed in providing care and protection to the children. The
DWCD and CWCs had not performed their roles either. Only basic
food, clothing, and shelter were being provided to the children, and
some homes were being run without even these bare basics.
This status report of MDC Homes in Maharashtra was submitted to
the Mumbai High Court. It had state-wise, region-wise, and home-wise
recommendations. The Court based several of its directions on the rec-
ommendations given in this report. As per the recommendations of the
Committee, the HC directed that all the 35 rescued children be housed
at a different MDC home. There were no concrete plans for their reha-
bilitation or social reintegration in the MDC Home. The Committee
submitted a proposal to the government, carrying budgetary recommen-
dations for the rehabilitation of the children. The government approved
a paltry amount which was rejected, and additional funds were raised.
It was under these circumstances that Chunauti17 took birth as a field
action project, under the aegis of the TISS, Mumbai.18 The project
included the 35 rescued children along with all other minor children that
were residing in the state-funded MDC Home.
India has signed and ratified the Convention on Rights of the Child
(CRC)1 and the Convention on Rights of Persons with Disabilities
1 UN General Assembly, Convention on the Rights of the Child, New York, November
‘The law of treaties is the body of rules which govern what is a treaty, how it is made
and brought into force, amended, terminated, and generally operates’, available at http://
opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1498
(accessed December 2, 2017).
4 According to Article 4, ‘States Parties must undertake to ensure and promote the full
realization of all human rights and fundamental freedoms for all persons with disabilities
without discrimination of any kind on the basis of disability’.
5 V. Della Fina, R. Cera, & G. Palmisano (Eds.). (2017). The United Nations Convention
with the protection to be afforded to working women from sexual harassment at the work-
place so as to make their fundamental rights meaningful.
7 According to Article 51, ‘The State shall endeavour to (a) promote international peace
and security; (b) maintain just and honourable relations between nations; (c) foster respect
16 A. BAJPAI
for international law and treaty obligations in the dealings of organised peoples with one
another; and encourage settlement of international disputes by arbitration’.
8 According to Article 253, ‘Legislation for giving effect to international agreements.
Notwithstanding anything in the foregoing provisions of this chapter, Parliament has power
to make any law for the whole or any part of the territory of India for implementing any
treaty, agreement or convention with any other country or countries or any decision made
at any international conference, association or other body’.
9 Article 73 states that ‘the executive power of the Union shall extend to matters with
Persons with Disabilities Act, 2016, Gazette of India (Extra-Ordinary); December 28,
2016, available from http://www.disabilityaffairs.gov.in/uploaad/uploadfiles/files/
RPWD/ACT/2016.pdf, available at http://www.disabilityaffairs.gov.in/upload/upload-
files/files/RPWD%20ACT%202016.pdf (accessed May 30, 2018).
11 Section 13, RPWD 2016 states that, ‘The appropriate Government shall ensure that
the persons with disabilities have right, equally with others, to own or inherit property,
movable or immovable, control their financial affairs and have access to bank loans, mort-
gages and other forms of financial credit’.
12 In Re Articles in Mumbai Mirror 2017 SCC Online Bom 418, Para 27, available at
http://bombayhighcourt.nic.in/.
2 WORKING WITH PARTNERS, STAKEHOLDERS AND SYSTEMS 17
13 Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act). The Act has not
been replaced with the Juvenile Justice (Care and Protection of Children) Act, 2015.
14 Article 39, as a Directive Principle, states that ‘it shall be the duty of the state to ensure
that the children are given opportunities and facilities to develop in a healthy manner, in
conditions of freedom and dignity, and that childhood and youth are protected against
exploitation and against moral and material abandonment’.
15 In 1992, India adopted the Proclamation on the Full Participation and Equality of
People with Disabilities in the Asian and Pacific Region. As a signatory of this proclama-
tion, India’s Ministry of Law, Justice and Company Affairs proposed an act to safe guard
the rights of Persons with Disabilities (PWD). On January 1, 1996, the Government of
India passed the Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act 1995 (PWD). In this act, disability is defined as blindness, low
vision, leprosy-cured, hearing impairment, loco-motor disability, mental retardation, and
mental illness. The Act calls for the forming of two central committees and two state com-
mittees came into force on February 7, 1996. The Act provides for both the preventive and
promotional aspects of rehabilitation like education, employment and vocational training,
reservation, research and manpower development, creation of barrier-free environment,
rehabilitation of persons with disability, unemployment allowance for the disabled, special
insurance scheme for the disabled employees, and establishment of homes for persons with
severe disability. This Act was repealed by the Rights of Persons with Disabilities Act 2016.
RPWD Act was notified on December 28, 2016, after receiving the presidential assent, See
http://www.disabilityaffairs.gov.in/upload/uploadfiles/files/PWD_Act.pdf (accessed May
30, 2018).
16 (2009) 5 Bom CR 227.
18 A. BAJPAI
bank officers and if it employed Rajak, such expenses would be too high
to borne by the bank. The Court discussed provisions of the CRPD at
length. The Court cited Article 27 of the Convention which recognizes
the right to work and employment and obligates State Parties to take
appropriate steps detailed under the provision. Further, the Court also
referred to the definition of ‘reasonable accommodation’ under Article 2.
Recognizing that there was no law based on the CRPD, the Court incor-
porated ‘reasonable accommodation’17 under Articles 14, 16, and Article
21 of the Constitution and held,
‘The law is now well settled that though the United Nations Conventions may
not have been enacted into the Municipal Law, as long as the Convention
is not in conflict with the Municipal Law and can be read into Article 2
thus making it enforceable. Therefore, in the absence of any conflict it is pos-
sible to read the test of reasonable accommodation in employment contract.
Reasonable accommodation, if read into Article 21, based on the U.N
Protocol, would not be in conflict with Municipal law. It would give added
life and dimension to the ever expanding concept of life and its true enjoy-
ment’. Following this, the Court found no evidence of undue financial
burden on the bank in providing reasonable accommodation to Rajak and
directed the bank to appoint him for the post.
also provides for taking appropriate measures to provide forms of live assis-
tance and intermediaries including guides, readers and professional Sign
Language Interpreters to facilitate accessibility to buildings and other facil-
ities open to the public. Needless to state that all the said rights are composite
part of life enshrined in Article 21 of the Constitution of India’. Following
this, it issued detailed directions for making sign language interpreters
available in public services.
It was with the support of above national and international legal
framework, the Courts, the enforcement agencies, the civil society organ-
izations and other stake holders and partners that the Chunauti team
undertook the journey toward rehabilitation, deinstitutionalization,
independent living, social reintegration, and empowerment.
— Emme.
— Kuulehan Hilma!
— Hyvästi!
Mitenkähän?
XIV.
Heinäkuun 18 p.
Uuden Ajan yhtiökokous oli nimittäin tätä ennen pidetty ja oli ollut
hyvin kiivas. Granberg oli hankkinut osakkeenomistajilta paljon
valtakirjoja ja koetellut puheillaan vaikuttaa läsnäoleviin. Mutta
saman olivat toisetkin tehneet, ja Asplund oli Helanderin neuvoa
noudattaen ostellutkin osakkeita. Granbergilla olivat valtakirjat
suurimmaksi osaksi itsellään, mutta toisella puolen olivat ne jaetut
useammalle eri henkilölle ja tulivat siten äänestyksessä
täydellisemmin vaikuttamaan kuin Granbergin valtakirjat, joista
sääntöjen määräämän äänestysmäärän rajoituksen kautta osa jäi
vaikutuksettomiksi. Tulos johtokunnan vaalista oli, että kaikki entiset,
paitsi Helander ja minä, jotka kieltäännyimme, valittiin uudestaan, ja
meidän sijallemme kaksi kauppiaspuolueen vastustajaa. Granberg
näin ollen myöskin kieltääntyi vastaanottamasta johtokunnan
jäsenyyttä ja läksi kokouksesta heti vaalin jälkeen uhkamielisen
näköisenä. Täti Löfberg oli voittaneen listan puolella, mutta sitten
melkein pahoillaan kun se voitti.
Jäin yksin konttoriin. Nyt oli siis kaikki lopullisesti ratkaistu. Mutta
entisistä valmistuksista ja uhkaavista pilvistä huolimatta oli tämä
kaikki kuitenkin tullut odottamatta, niin silmänräpäyksellisesti, että
minun oli vaikea asemaani mukaantua. Minä raivosin ja uhkuin
ylimielistä kostontunnetta, siksi loukattuna ja vääryyttä kärsivänä
pidin itseäni. Eroamista tästä talosta en luullut enää valittavani,
mutta ajatus että olen tullut erotetuksi, kuohutti mieltäni. Ja siksi
minä päättelin olla kaikkeen sovitteluun taipumaton, vakuutettuna
heidän olevan sillä hetkellä johtoon ryhtymään yhtä
valmistumattomia kuin minä illalla, työni lopetettua olin tietämätön
siitä etten aamulla siihen enää palajaisi.
Heinäkuun 20 p.
— Se olisi?
— Minäkin.
Hän naurahti.