CURRENT 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 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 (82 nd ) AMENDMENT ACT, 2001
LEGISLATIVE FRAMEWORK in India Rehabilitation Council of India 1992Chairman – 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) 1995Chief 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 1999Chairperson – 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
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 THE BOARD Ms. Merry Barua 1.Ms. Chanda Singh, Co- Chairperson, CII 2.Mr. Anil Kumar Agarwal, Alternate President, ASSOCHAM 3.Sh. P.M. Sinha, President, FICCI
Interrelated Cause & Consequences of Disability Economic Strain POVERTY Poor Nutrition lack of health/care DISABILITY Limited access to education & training Diminishing employability Isolation from market place
S. No. Type of Disability Catered to by organizations (till date) Catered to by the organization (Presently) MaleFemaleMaleFemale 1.Autism474527287183 2.Cerebral Palsy6041041295381 3.Mental Retardation216314461663764 4.Multiple Disabilities12520480879712710 Total157617822102164038 DATA OF NATIONAL TRUST USERS
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 DISABILITY (NEW RIGHTS) Accessibility Personal Mobility Rehabilitation
VISION FOR THE FUTURE Services Human Resource Development Sense Legislation on Deaf Blindness
RIGHTS AwarenessRIGHTS Awareness LEADERSHIP TrainingLEADERSHIP Training PARENTS EMPOWERMENTPARENTS EMPOWERMENT SEAMLESS INTEGRATION with all other disabled GroupsSEAMLESS INTEGRATION with all other disabled Groups
PARITY RIGHTS PARITY RIGHTS TRIGGERS for chain of eventsTRIGGERS for chain of events PUBLIC PRIVATE PARTNERSHIP (PPP)PUBLIC PRIVATE PARTNERSHIP (PPP) LEGISLATION plus POLICYLEGISLATION plus POLICY SOCIAL SECURITYSOCIAL SECURITY
Prevention Early Detection - Neonatal Early Intervention Inclusive Education Inclusive Employment Inclusive Communities SERVICES
Social Model over Medical Model Empowerment Approach Research Availability of Home Based Trained Caregivers Participation of Deaf Blind people in Planning, Implementing & Monitoring Processes
THE NATIONAL TRUST 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 STATEMENT
THE NATIONAL TRUST 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.