A A PRESENTATIONPRESENTATION

BY:

Mrs. ALOKA Mrs. ALOKA GUHAGUHA

DEAFBLIND

CURRENT SCENARIOCURRENT SCENARIO• No country in the Asia Pacific Region

has any Legislation for persons with deaf blindness

• India has separate Legislation on Multiple Disabilities – National Trust Act for persons with Autism, Cerebral Palsy, mental Retardation and Multiple Disabilities, 1999.

SENSE INTERNATIONALSENSE INTERNATIONAL

1) Based on experience in India

2) Catalystic Role in the Asia Pacific Region

3) Emphasis on Services, HRD and Legislation

Under the Constitution of India

Fundamental Rights

Article 14 - Equality before law

16 - Equality of opportunity of

employment

21 - Protection of life & liberty

DIRECTIVE PRINCIPLES OF STATE POLICY

Article 41 - Right to work, to education & public

assistance

46 - Promotion of educational & economic

interests of SC, ST and other weaker

sections

47 - Duty of the State to raise the nutritional

level and standard of living and Public

Health

• 21A - “The State shall provide free & compulsory

education to all children of the age of 6 to 14 years in such

manner, as the State may, by law, determine”

• 45 - “The State shall endeavour to provide early

childhood care & education for all children until they

complete the age of 6 years

• 51A - “Who is a parent or guardian to provide

opportunities for education to his child, or as the case may

be, ward, between the age of 6-14 years.

CONSTITUTION (82nd) AMENDMENT ACT, 2001

LEGISLATIVE FRAMEWORK in India

Rehabilitation Council of India

1992 Chairman – Maj. Gen. Ian Cardozo

Standardization and regulation

of human resource

development in rehabilitation. Accreditation to training centers Registration of professionals.

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act)

1995 Chief Commissioner - Dr. Manoj Kumar

To ensure equal opportunities Prevent discrimination and

deprivation Promote participation in

education, training,

employment, etc. Take affirmative action in

creating accessible

environments To redress grievances.

National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Mutiple Disabilities

1999 Chairperson – Mrs. Aloka Guha

Enables persons with these 4

disabilities and organizations

for/of them. Strengthens families in crisis. Provides for legal guardianship.

RCI ACT

P D ACT

N T ACT

3 Legislations on Disability in India

28 States & 7 U.T.’s 3,287,263 sq. miles area 18 Official Languages Over 1 Billion Population

The National Trust is the Government of India’s response to parents’ question:-

“What will happen to my child after my death”????

To Support Organizations for:

Important Objectives:

To enable persons with disabilities to live as

independently as possible within their own

communities, and their own families. The focus is

on – SOCIAL INCLUSION and INDEPENDENT

LIVING.

Families in Crisis

Destitutes with

Disabilities

Orphans with

Disabilities

To provide for Legal Guardianship

• CHAIRPERSON• JS& CEO• JS (DD)

Ms. M. Ramchand

Dr.V.V. Pyarelal

Mrs. Saswati Singh

Mr. Anil Joshi

Dr. H.T. Dholakia

Mr. K.M. Bhattacharya

Ms.Sharmila Divatia

Sh. R.S. Sethi

Mr. B.P. Sharma (JS), Health

Mr. K.D. Raju (JS), Education

Mr.M. Rajamani (JS), Urban Dev.

Dr.P.V.Thomas , CEA, RD

Mr. P.K. Ray (JS), Labour

Mrs. L. Kacker (JS), WCD

Mr. M. Sahoo (JS), SJ&E

THEBOARD

Ms. Merry Barua

1. Ms. Chanda Singh, Co- Chairperson, CII2. Mr. Anil Kumar Agarwal, Alternate President, ASSOCHAM3. Sh. P.M. Sinha, President, FICCI

Interrelated Cause & Consequences of Disability

Economic Strain POVERTY

Poor Nutritionlack of health/care

DISABILITY

Limited access toeducation & training

Diminishing employability

Isolation frommarket place

S.

No.

Type of Disability Catered to by

organizations (till date)

Catered to by the

organization (Presently)

Male Female Male Female

1. Autism 474 527 287 183

2. Cerebral Palsy 604 1041 295 381

3. Mental Retardation 2163 1446 1663 764

4. Multiple Disabilities 12520 4808 7971 2710

Total 15761 7822 10216 4038

DATA OF NATIONAL DATA OF NATIONAL TRUST USERSTRUST USERS

Beneficiaries catered to till date

474 6042163

12520

527 1041 1446

4808

Autism Cerebral Palsy Mental Retardation Multiple Disabilities

Male

Female

Beneficiaries present status

287 2951663

7971

183 381 764

2710

Autism Cerebral Palsy Mental Retardation Multiple Disabilities

Male

Female

What is a Local Level Committee?

A Local Level Committee consists of 3 members at the District level :-

Convener

Co-option

Their role is in ----

a) Awareness Creation

b) Legal Guardianship

c) Facilitation

1. District Collector

2. Person with disability

3. A Non Government

Organization

“A parent of a person with disability

or his relative may make an

application to the local level

committee for appointment of any

person of his choice to act as a

guardian of the person with

disability”

STATUTORY REQUIREMENT – Sec 14(1)

WHY HAVE LEGAL GUARDIANS ?

1. To fill a Legal Vaccum – Existing law of guardianship only on minority basis

2. Impaired capacity of ward for informed decision making

3. Difficulty of ward in managing personal requirements or property interests

4. To apply for loans etc.

FOR WHOM ?

Only for Persons with Autism, Cerebral Palsy,

Mental Retardation & Multiple Disabilities

KINDS OF GUARDIANS

1. Natural Guardians

2. Court appointed or declared guardians

3. Testamentary guardians

4. Guardians appointed by Local Level Committees

TYPES OF GUARDIANSHIP

1. Guardianship of the Person

2. Guardianship of the Person and or Property

UN CONVENTION ON UN CONVENTION ON DISABILITY (NEW RIGHTS)DISABILITY (NEW RIGHTS)

• Accessibility

• Personal Mobility

• Rehabilitation

VISION FOR THE FUTUREVISION FOR THE FUTURE

• Services

• Human Resource Development Sense

• Legislation on Deaf Blindness

• RIGHTS AwarenessRIGHTS Awareness

• LEADERSHIP TrainingLEADERSHIP Training

• PARENTS EMPOWERMENTPARENTS EMPOWERMENT

• SEAMLESS INTEGRATION with SEAMLESS INTEGRATION with all other disabled Groupsall other disabled Groups

• PARITY RIGHTSPARITY RIGHTS

• TRIGGERS for chain of eventsTRIGGERS for chain of events

• PUBLIC PRIVATE PARTNERSHIP (PPP)PUBLIC PRIVATE PARTNERSHIP (PPP)

• LEGISLATION LEGISLATION plusplus POLICYPOLICY

• SOCIAL SECURITYSOCIAL SECURITY

• Prevention

• Early Detection - Neonatal

• Early Intervention

• Inclusive Education

• Inclusive Employment

• Inclusive Communities

SERVICESSERVICES

• Social Model over Medical Model

• Empowerment Approach

• Research

• Availability of Home Based Trained Caregivers

• Participation of Deaf Blind people in Planning, Implementing & Monitoring Processes

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We should be dedicated to the creation of a international movement which will lead to affirmative action for the protection, care, and inclusion of persons with Deaf Blindness within or close to their own communities. Social, financial, emotional and physical security of a comprehensive nature is the ultimate goal.

  In furtherance of this goal, we will strive for pervasive social change which permeates into mainstream activities of community life so that persons with Deaf Blindnness can lead a life of quality, dignity, equality and justice in societies which are free from bias, prejudice, stigma and discrimination. A society which puts the personness of disabled people first, is the larger vision.

VISION STATEMENTVISION STATEMENT

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Mission Statement We must believes in –

1. The Right to life, to development, and

to autonomy of persons with Deaf

Blindness.

2. Their Right to a life of quality, dignity,

equality and justice

3. Their Right to family life

4. Their Right to protection, care and

guardianship

We must be committed to facilitating –

1. Opportunities that empower and enable persons with disability through training, care, income and social inclusion.

2. Ways and means of strengthening families.

3. Environments that are free from physical, informational and psychological barriers.

4. Ideologies and societies that are inclusive in nature

5. Programmes that are affordable, accessible and available.

These will be achieved through -

1. Partnerships between Governments, people with disabilities, their families, voluntary organizations, and civil society.

2. Development of –

(a) Self help groups

(b) District level bodies

(c) Sustainable services

(d) Information systems

(e) Networks and multisectoral linkages

3. Convergence with mainstream developmental programmes in the communities.