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Page 1: Enabled magazine

NGOCBM, MITHRA

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SUCCESS STORY

Mr. N. Ilango, M.A, M.Phil, PGDTE.,Managing Director,ACE Panacea Soft Skills Pvt. Ltd.

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Today’s Chennai is a fast growing city. Amongst the life living in chennai, a person named Mr.Ilango, who doesn•ft know how the day and night looks in chennai, training the budding students toget a job. Yes, he is a visually challenged person.

He is a different person among the differently abled people. From his childhood he faced manyhurdles in life. His mother gave the vision of how to lead his life. She trained him to do his work byhimself.

He is a good speaker. Many people awaits to heed his speech in many colleges, Industries. Hemade exposures in Media,News,Television.He got graduated in English Literature. The way hespeaks in English make others admire. He acts as a backbone of ACE Panacea soft skills Pvt.. ltd.,Director. He trains the budding students in 19 colleges through his company.

The gift within him is “ Good Singer”, from 1995. He sings in Tamil, Malayalam, Telugu and Hindi.He mesmerized the people of Dubai, Malaysia, Singapore, Thailand through his voice. He createdalbums of “Pookalin Mozhi” , “Kasada Thabara” .In addition to this, he gives voice over toadvertisements. Through his company,15000 students,3000 Teachers and more than 2000 corporateemployee get trained in English.

Differently abled people should express their talents and should grow high to reach the heights inthe world. Yes,Mr.Illango lives as an example for the differently abled people. Even though, he livesin dark,he gives light to the other people.

Visually Challenged gives Vision

Think twice, work hard and be the success yours.

A Living InspirationAs a SingerAs a Trainer

As a Voice over Artist

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MR. DINAKAR, IRPS.,SOUTHERAN RAILWAYS,CHENNAI.

“ Presently, the blind candidates can take the exam in six centres in thecountry. But, until 2002, blind candidates had to necessarily take theirexams in New Delhi only. Shri. Dinakar, therefore, had to travel at least fivetimes to Delhi for the exams. ”

Shri. T.D. Dinakar was born on 5th February 1969 in Coimbatore. During the last semester of his graduationand immediately soon after, while he was pursuing his I.C.W.A. I course, he witnessed difficulty in reading books.It was diagnosed by doctors that he suffering from a rare eye disease called “Macular Degeneration” and there isno scope of recovery or prevention of further degeneration. From the very first year of his joining the insurancecompany, he competed for promotion to the post of Stenographer on equal terms with his sighted colleagues.Whereas his colleagues would take the stenography skill test in Pitman•fs shorthand, Shri. Dinakar would take thesame in Braille shorthand. Though he would pass the skill test every time, he would not be able to get promotion,as he would b the junior most among the employees, who were successful in the skill test. After his fourthsuccessful attempt in the skill test, Shri. Dinakar was promoted as Stenographer in Oct. 1999.

SUCCESS STORY

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Photograph by

Sathasivamwww.enabled.in

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Being now aware that the visually impaired can appear for the CivilServices examination, Shri. Dinakar started preparing for the exams in Aug. 1999.Since Brailling or recording of the voluminous books was impossible, all his familymembers and friends would read out the books and Shri. Dinakar would listen tothem and assimilate the subjects. He made his first Civil Services attempt in May2000, but was unsuccessful. He made his second attempt in May 2001, clearedboth the preliminary and main examinations and appeared for the Interview in May2002. Even though he was the only visually handicapped candidate among the1200 or so candidates, who appeared for the interview, Shri. Dinakar found himselfnot recommended by UPSC for posting.

He represented before The Chief Commissioner for Persons withDisabilities, but in vain. He, therefore, filed a civil writ petition before the DelhiHigh Court in July 2003 and after a long drawn-out legal battle with UPSC andUnion of India, Shri. Dinakar was offered Group A posting in the Indian RailwayPersonnel Service. He joined the Railway Staff College, Vadodara in March 2007 asProbationary Officer and after successful completion of his training, he was postedin Southern Railway Headquarters, Chennai as Asst. Personnel Officer/System in-charge of computerisation of Personnel Department. Recently, he was promoted asDivisional Personnel Officer and has been posted to Chennai Division, SouthernRailway.

The special mention about Shri. Dinakar Civil Service attempt lies in thefollowing three different situations faced by him and the blind of today face:

1. The blind candidates today are given a separate question paper in thepreliminary without questions containing graphs or pictures. But, Shri.Dinakar had to answer the same question paper as the sighted candidateswould do.

2. Unlike today, there was no reservation for the blind in Civil Services in 2001.

3. Presently, the blind candidates can take the exam in six centres in thecountry. But, until 2002, blind candidates had to necessarily take theirexams in New Delhi only. Shri. Dinakar, therefore, had to travel at least fivetimes to Delhi for the exams.

In addition to his pursuit in academics and career, he was also passionatelyinvolved in the developmental and welfare activities for the blind in Coimbatore.He was an active member of the National Federation of the Blind for the periodfrom 1993 and 2005. He raised funds and materials for the Braille Library and Notebook unit of NFB, Coimbatore. He also personally approached the ophthalmologistsand eye hospitals in Coimbatore in a desire to rehabilitate the newly blind. Heplayed a very active role in the 18th All-India Conference of NFB, which was held inCoimbatore in Oct. 2003, where more than 1500 members participated.

Until he joined Railway Staff College, Vadodara in March 2007, he was anadviser of Parasparam Public Trust, a charitable institution in Coimbatore and aTrustee of UDIS Foundation founded under the Managing Trusteeship of Dr. M.N.G.Mani, the Secretary General of International Council for Education of the VisuallyImpaired. He is presently a member of Association for the Rights of the VisuallyChallenged (ARVIC), Coimbatore. Further, he and his colleagues in the insurancecompany would collect money from their colleagues on monthly basis and carry outwelfare activities every year.

Never Give up Mr. Dinakar, IRPS.,

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How to Educate Blind and Deaf People

Deaf and blind people fall into a broader category known as sensory impaired persons. Sensory impairmentsof this type actually fall into three different typologies, those who have blindness, those who havedeafness, and those who have both blindness and deafness known as the deaf-blind. For each of thesecategories of visual impairment, the individuals have differing learning needs; however, some facets ofeducating blind and deaf people remain the same across all of these types of sensory impairment

Instructions (Baseline)1. Identify the condition of blindness, deafness, or the combination deaf-blindness early on to provide abaseline for educational opportunities that can best serve the needs of the individual who has a sensoryimpairment as indicated at the Division on Visual Impairments website.

2. Identify the principles of education that pertain to the form of sensory impairment of the student youplan to procure education for. Educating blind individuals, for example, under the broader category ofvision-impaired persons, as well as educating deaf-blind persons both have a set of principles thatplaces a value on professional partnerships between educators and families. Educating both blind anddeaf-blind persons also operates under a set of principles that involve individual assessment and achoice of different forms of learning as mentioned both at the Division on Visual Impairments and theEbility websites.

3. Acquire the necessary skills to enable you to communicate with the individual who has a sensoryimpairment. Family members as well as educators need to learn such communication techniques asfinger spelling and an appropriate form of sign language in the case of deaf of deaf-blind persons becausethese individuals must communicate in a tactile way rather through auditory communication. Blindindividuals who have no hearing impairment can, however, learn through audio communication but mustuse another communication method to learn from written materials such as Braille or the use of recordedreading of texts. Educate the blind, deaf, or deaf-blind person, if a child, in the home as well as througha qualified educational program (refs 1 and 2).

4. Investigate the available programs locally to the sensory impaired individual and assess which programor programs best suit the way in which the individual blind, deaf, or deaf-blind person prefers to learn. Alleducators working with sensory-impaired individuals must have qualifications in the kinds ofcommunication necessary to teach sensory-impaired individuals as well as having the qualificationsrequired for any teaching position as mentioned at the Division on Visual Impairments, the Ebility, andthe Baylor university website.

5. Determine the enrollment criteria for the educational program you have identified as the best fit forthe deaf-blind person you are procuring education for. Obtain any registration or application forms andprovide the completed forms to the program. Also obtain from the program’s support personnel, such asregistration personnel, at this same time information about any financial support programs available toassist in the payment of any tuition involved.

6. Continue to provide support of the sensory impaired individual’s education through a formal educationalprogram by providing ongoing work in the home with educational materials. Blind individuals with nohearing impairment may also have access later in their educational progression to individuals who canread to them in person from textbooks through state-funded programs.

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How to Use Crutches, Canes, and Walkers

If you ever break a bone in your leg or foot, have a surgical procedure on your lower limb, or suffer astroke, you may need to use crutches, a cane, or a walker. In the beginning, everything you do may seemdifficult. But, with a few tips and some practice, you will gain confidence and learn to use your walking aidsafely.

General Guidelines :

• Remove scatter rugs, electrical cords, spills, and anything else that may cause you to fall.

• In the bathroom, use nonslip bath mats, grab bars, a raised toilet seat, and a shower tub seat.

• Simplify your household to keep the items you need handy and everything else out of the way.

• Use a backpack, fanny pack, apron, or briefcase to help you carry things around.

CRUTCHES:If an injury or surgical procedure requires you to keep your weight offyour leg or foot, you may have to use crutches. Proper Positioning: The topof your crutches should reach between 1 and 1.5 inches below your armpitswhile you stand up straight. The handgrips of the crutches should be evenwith the top of your hip line. Your elbows should bend a bit when you use thehandgrips. Hold the top of the crutches tightly to your sides, and use yourhands to absorb the weight. Don•ft let the tops of the crutches press into yourarmpits.

Walking: Lean forward slightly and put your crutches about one footahead of you. Begin your step as if you were going to use the injuredfoot or leg, but shift your weight to the crutches instead of the injuredfoot. Your body swings forward between the crutches. Finish the stepnormally with your non-injured leg. When the non-injured leg is on theground, move your crutches ahead in preparation for the next step.Keep focused on where you are walking, not on your feet.

Sitting: Back up to a sturdy chair. Put your injured foot in front of youand both crutches in one hand. Use the other hand to feel for the seatof your chair. Slowly lower yourself into it. Lean your crutches upsidedown in a handy location. (Crutches tend to fall over when they arestood on their tips.) To stand up, inch yourself to the front of the chair.Hold both crutches in the hand on your good leg side. Push yourself upand stand on the good leg.

Stairs :To walk up and down stairs with crutches, you need to be both strong and flexible. Facing thestairway, hold the handrail with one hand and tuck both crutches under your armpit on the other side. Whenyou•fre going up, lead with your good foot, keeping the injured foot raised behind you. When you•fre goingdown, hold your injured foot up in front, and hop down each stair on your good foot. Take it one step at atime. You may want someone to help you, at least at first. If you•fre facing a stairway with no handrails,use the crutches under both arms and hop up or down each step on your good leg, using more strength. Aneasier way is to sit on the stairs and inch yourself up and down each step. Start by sitting on the loweststair with your injured leg out in front. Hold both crutches flat against the stairs in your opposite hand.Scoot your bottom up to the next step, using your free hand and good leg for support. Face the samedirection when you go down the stairs this way.

ENABLED HOW

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WALKERS :

If you have had total knee or hip joint replacement surgery, or you have another significant problem, youmay need more help with balance and walking than you can get with crutches or a cane. A pickup walkerwith four solid prongs on the bottom may give you the most stability. The walker lets you keep all orsome of your weight off of your lower body as you take your steps. You use your arms to support someof the weight. The top of your walker should match the crease in your wrist when you stand up straight.Do not hurry when you use a walker. As your strength and endurance get better, you may gradually beable to carry more weight in your legs.

You may find it helpful to use a cane if you have a small problem with balance or instability,some weakness in your leg or trunk, an injury, or pain. If you are elderly, a single pointcane may also help you to keep living independently.

Proper Positioning : The top of your cane should reach to the crease in your wristwhen you stand up straight. Your elbow should bend a bit when you hold yourcane. Hold the cane in the hand opposite the side that needs support.

Walking : When you walk, the cane and your injured leg swing and strike theground at the same time. To start, position your cane about one small stride aheadand step off on your injured leg. Finish the step with your normal leg.

Stairs : To climb stairs, grasp the handrail (if possible) and step up on your good legfirst, with your cane in the hand opposite the injured leg. Then step up on theinjured leg. To come down stairs, put your cane on the step first, then your injuredleg, and finally the good leg, which carries your body weight.

CANES:

Walking : First, put your walker about one step ahead of you, making surethe legs of your walker are level to the ground. With both hands, grip thetop of the walker for support and walk into it, stepping off on your injuredleg. Touch the heel of this foot to the ground first, then flatten the foot andfinally lift the toes off the ground as you complete your step with yourgood leg. Dont step all the way to the front bar of your walker. Take smallsteps when you turn.

Sitting : To sit, back up until your legs touch the chair. Reach back to feel theseat before you sit. To get up from a chair, push yourself up and grasp thewalkers grips. Make sure the rubber tips on your walkerfs legs stay in goodshape.

Stairs: Never try to climb stairs or use an escalator with your walker.

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Though blind people in India, just like most Indians, have been alwaysinterested in the game of cricket, it wasn•ft until a few years back that cricketfor the blind got attention, and was also documented and widely reported.

Blind people were initiated to the game of cricket primarily through radiocommentaries. They soon found a way of playing the game by replacing theball with an empty tin and using a stick as a bat. Using an empty tin in placeof ball was necessary because of the need for audio clues to play the game.A usual cricket ball wouldn•ft make the amount of noise necessary for a visuallyimpaired person to make out the whereabouts of the ball and play the game.This was the beginning of the audio game of cricket in its most primitive formin India.

Over the years, the empty tin was replaced by audio balls, and bats wereused in place of sticks. National Institute for the Visually Handicapped (NIVH),Dehradun, developed the audio ball that is now accepted as the internationalstandard. This ball is made of hard plastic with ball bearings inside.

Some of the aspects of the game have been modified to make it suitable forthe visually impaired. The modifications are:

* The ball is made of hard plastic and filled with ball bearings so that itmakes noise when it moves. * The wickets are screwed together to ensure they are aligned. * The boundaries are 45 yards from the pitch. * Bowling is underarm and the ball has to pitch once before the mid pitch. * The bowler gives an audio clue before bowling and the batsmen gives anaudio clue when he is ready.

Cricket for the blind is a direct result of blind people•fs love for this game.They also play the game well, with complete devotion and sportsmanship. Itnot only helps them in their all round development, but is also a tool to remindthe society of their skills and abilities.

SPORTS BLIND CRICKET

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South zone cricket tou held on 27th to 30th December 2010 at chennai, in collaborationwith Cheran Region Christian Society(CRCS) for the disabled and Department of Social Work,Madras Christian College,chennai. Persons with Visual impairment from Tamil Nadu, Kerala,Karnataka, Andhra Pradesh will be participated in the event.

Sports and recreation has value in everyone’s life and it is even more imporatant in the lifeof persons with disablility, as sports develop confidence and independency in individuals, helps indeveloping the self-esteem and boosts up individual’s ability to overcome difficulties.

Its also a place where different people come together, know each other, get accustomed todifferent situations and develop their personnality skills.A platform for development amongpersons with visual impairment is created by TCAB and getting different persons with visualimpairment from the the Southern States will be good platform for the players to exhibit theirtalents, be recognised and also be able to participate in National Level sports events.

Tamil nadu blind cricket team - Runner

SPORTS BLIND CRICKET

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Andhra blind cricket team - Winner

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Photograph by

Sathasivamwww.enabled.in

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Photograph by

Sathasivamwww.enabled.in

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SPORTS WHEELCHAIR TENNIS

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Photograph by

Sathasivamwww.enabled.in

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Indian Ranking in Singles : 01

Wheelchair Tennis - S. Balachandar

Current ITF Ranking in Singles : 419Current ITF Ranking in Doubles : 412

Tournament Singles ( Main Draw) Doubles (Main Draw)

RCMIC President’s Cup Winner Winner

Asian Para Games Participated Participated

2nd AITA-TNTA NationalChampionship Winner Winner

3rd Srilankan Open 2010 First Round Quarter Finalist

1st Paralympic NationalWheelchair Tennis Tournament Winner Winner

10th Malaysian Open 2009 Runner Semi Finalist(Bronze Medal)

2nd Srilankan Open 2009 Quarter Finalist Semi Finalist(Bronze Medal)

2nd Chennai Open WheelchairTennis Championship Winner Winner

9th Malaysian Open 2008 2nd Round Semi Finalist(Bronze Medal)

8th Malaysian Open 2007 2nd Round 2nd Round

9th FESPIC GAMES 1st Round 1st Round

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SPORTS WHEELCHAIR TENNIS

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Photograph by

Sathasivamwww.enabled.in

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Indian Ranking in Singles : 02

Wheelchair Tennis - D.Mariappan

Current ITF Ranking in Singles : 419Current ITF Ranking in Doubles : 412

Tournament Singles ( Main Draw) Doubles (MainDraw)Tournament Singles ( Main Draw) Doubles (MainDraw)Tournament Singles ( Main Draw) Doubles

RCMIC President’s Cup Runner Winner

Asian Para Games Participated Participated

2nd AITA-TNTA National Championship Runner Winner

3rd Srilankan Open 2010 Participated QuarterFinalist

1st Paralympic NationalWheelchair Tennis Tournament Runner Winner

10th Malaysian Open 2009 Quarter Finalist Semi Finalist(Bronze Medal)

2nd Srilankan Open 2009 Quarter Finalist SemiFinalist(Bronze Medal)

2nd Chennai OpenWheelchair Tennis Championship Runner Winner

9th Malaysian Open 2008 2nd Round Semi Finalist(Bronze Medal)

Coaching Venue : SDAT Tennis Ground

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Working with persons with disabilities, CBM advocates for their inclusion in all aspects of society. CBMsupports around One thousand projects in 113 countries in Africa, Asia, Latin America, and EasternEurope. Through its partner organisations, CBM currently reaches 18 million people and aims to reachmany more in the coming years.

Fields of Work:

CBM uses comprehensive, sustainable, and community-focused approaches, which contribute to povertyalleviation and self-reliance. CBM partners develop high-quality preventive, curative, educational,rehabilitative, livelihood, and advocacy programmes, which are designed to maximise the quality of life ofpersons with disabilities.

Alliance Partners and Global Programmes:

CBM cooperates with UN agencies, global organisations, and “disabled people organisations” topromote and develop international alliances and programmes with and for persons with disabilities. CBMis recognised as a Collaborating Organisation by the World Health Organisation and has consultativestatus with the United Nations Economic and Social Council (ECOSOC). In cooperation with the WorldHealth Organisation (WHO) and as a member of the International Agency for the Prevention of Blindness(IAPB), CBM founded and launched “Vision 2020: The Right to Sight”. The goal of Vision 2020 is toeliminate avoidable blindness by the year 2020. CBM is also working with WHO and other stakeholders tocreate an international initiative for the provision of affordable hearing aids for hearing-impaired peoplein low-income countries - “WWHearing” (World-Wide Hearing Care for Developing Countries). CBM ispromoting and funding “Vision 2030” Sound hearing project, aiming to eliminate avoidable hearing lossby the year 2030.

CBM in India...

In 1967 CBM started its work in India through its regional office. The Regional Offices support and workwith local NGO associates in areas of medical, educational and vocational rehabilitation of persons withdisabilities thereby improving the quality of life. Medical rehabilitation is presently focused in preventionand cure of Blindness and Deafness, whereas corrective surgeries are done and aids and appliances areprovided to persons with physical disability. Integrated/inclusive education is given prominence whenrelated to educational rehabilitation. These activities are conducted through Institution based as well asCommunity based rehabilitation.

Currently, the South regional office is working on 113 different projects in India in Tamilnadu , Kerala,Andhra Pradesh, Karnataka, Maharashtra and 13 projects in Sri Lanka.

CBM is an International Organisation, whose vision is “Aninclusive world in which all persons with disabilities enjoy theirhuman rights and achieve their full potential”. CBM works withpartner organisations in low-income countries to ensure thatpersons with disabilities and their families have ready accessto:Affordable and comprehensive health care and rehabilitationprogrammes, Quality education programs, and Livelihoodopportunities.

NGO CBM INTERNATIONAL

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1908-2008, 100 years of commitment and expertise

CBM, together with its partners has addressed the most urgent needs and initiated new means ofservice delivery and inclusion for their target group.

Mainstreaming disability:

Inclusive Education ©CBM / Argum / Einberger

Low vision boy Karthik standing with girl by blackboard

CBM helps mainstream disability:

* By supporting, guiding, monitoring, evaluating and providing counsel to over 173 Partner NGOs.These comprise of ophthalmologists, paramedics, hospital administrators, teachers, trainers, resourcepersons, grass root level field workers and others, in the areas of medical, educational and vocationalrehabilitation of persons with disabilities thereby improving the quality of life.

* By networking with other INGO and the Government policy-making bodies.

* In consultation with the regional office national and international cadre of advisers/consultants/trainers who come recommended with a high sense of professional expertise in their respective fields.

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Madras Institute To Habilitate Retarded Afficted,MITHRA-as it is popularly know asans referred to is celebrating its 25th year in the service to young and old citizens ofMadras. MITHRA in ancient Sanskrit means friendship. MITHRA in chennai is a place oflaughter and friendship-a place of devoted workers and happy children.

Founded by Sr.Mary Theodore,OAM ,an Australian missionary in 1977,MITHRA hasmatured from humble beginnings, through the sheer determination,compassion for theunfortunate ,and able assistance of dedicated band of service -minded persons,into aninstitution that today has the ability to leave an indelible impression about devotion to thecause of nurturing the basic abilities of children and young peoples who are afflicted bydisabilities that are not of their own making,and yet relegate them to a position in theireffort to be normal.

The out-patient department equipped with a lab,ECG and X-ray is open to externalpatients who can avail of all test and treatment facilities that are available. The team ofconsultant doctors that offers, to both inmates as well as external patients includespecialists in psychiatry,child diseases, orthopedics, paediatrics, dentistry besides generalpractitioners. Simulated exercises through play methods,and various other trainingsystems for eye-hand coordination,gait training,balance,development of delayedmilestones.

The physiotherapy department includes facilities fro Hydrotherapy, Short warediathermy-heat therapy,traction, interference therapy,ultrasound,and wax bath. Theschool offers facilities for varied types of institution depending upon the ability of the childand absorption levels. Each child is personally attended to by a teacher and groups arekept small so that singular attention can be afforded to each child. MITHRA play library hasbeen in operation to provide the children of MITHRA with the opportunity to play within aleast restrictive environment.

Mithra conducts an eighteen month multipurpose Rehabilitation Workers diplomacourse (MRW) in recognition with RCI Delhi. Vocational training is given to older children inthe areas of carpentry,needle work,block printing, greeting card making, candle makingans envelope making. Encouragement is always at hand, each child is examined forsuitability to a craft and also potential of the field to provide some income sustenancewhen the child moves into the outside work ambiance.

The institute has an in- house manufacturing facility fro production of calipers /crutches and other aids and appliances like standing frames,walkers, wheelchairs, cornerseats, tailored to suit each and every child. Inmates are provided all meals on campus.Diets are carefully worked out to ensure that balance foods aid the child both physicallyand mentally. All medical administration required by the children are administered bytrained nurses at the prescribed times. The dormitory facilities for resident children arewell-aired , maintained clean and always attended to by watchful helpers who assist thechildren in many ways, from daily routines to conversation and entertainment.

NGO MITHRA FOUNDATION

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Sister Mary Theodore•fs •gdream•h started 28 years ago and much has been achievedby her since. Amongst other recognitions, she was awarded, in October 1991, the Medal ofthe Order of Australia for the service to international relations, particularity to children withdisabilities in chennai. Sister Mary Theodore is ever looking for financial assistance formevery quarter that is willing to contribute its might to the cause of the needy. Today ,MITHRAcan offer medical assistance and counsel of an advanced level,be it fundamental orthodonticservices,or treatment of minor ailments, or other more serious afflictions like Polio,Cerebral

Palsy,Speech Deficiency,and Spastic treatment.

MITHRA, is an NGO in Anna Nagar working towards the total rehabilitation ofmentally and physically challenged children for 32 years.It has recently expanded itsservices by providing “Remedial Education” to children with learning disabilities,Autism,ADHD,mental retardation in our campus from 8.00 a.m to 8.00 p.m. This programis an extension of the OCCUPATIONAL THERAPY Unit at MITHRA.The therapist use variousadvanced technique like cognitive therapy, behaviour, modification,sensory integrationapproach etc. The AIM is to maximize the abilities of these children and minimize theirdisability and also depending on the individual to make them as independent as possible.

I asked God for Strength, that I might achieve

I was made weak, that I might learn humbly to obey.

I asked for health, that I might do greater things

I was given infirmity, that 1 might do better things.

I asked for riches, that I might be happy

I was given poverty, that I might be wise.

I asked for power, that I might have the praise of men

I was given weakness, that I might feel the need of God.

I asked for all things, that I might enjoy life

I was given life, that I might enjoy all things,

I got nothing that I asked for-but everything I had hoped for

Almost despite myself, my unspoken prayers were answered.

I am among all people,

most richly blessed.

For futher details Contact:

MITHRA CHALLENGE TO CONQUER(Madras Institute to Habilitate Retarded Afflicted)D 171, R.V Nagar, Anna Nagar, Chennai - 25“0ö25“� 600 102.Phone : 2663 3967 / 2663 3708 Fax : 2663 2368

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CENSUS 2011 9TH QUESTION

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Photograph by

Sathasivamwww.enabled.in

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CENSUS 2011 9TH QUESTION

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The Silent Speaker

Abhinaya, theSilent Speaker inkollywood broke thesilence barrier throughher carrier in Nadadigal.

This silent Speaker,born in Kadalur. By born,she is deaf and dumb butgods gifted gift is herinborn talent. She wasinterested in Modeling.Her parents encouragedher for modeling and thismade first stepping stoneto explore herself to theoutside world.

By seeing her expressive photos, Samudrakanni made her to act as aheroine in Naadodigal. He trained herto act and made an impressive role inthe film. She broke the fact thatcommunication is not a barrier to actin the films. Yes, the proverb Wherethere is a way, there is a will suitsAbhinaya well.

She is challenging role model for thephysically challenged people. The

willpower in her will reach heights without any boundaries in her life.

Yes,Where there is a wil, there is a way

- Sathasivam from www.enabled.in

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Information on manufactures, suppliers and distributors of aids and appliances requiredby persons with disabilities

TextHelpThe International Society for Alternative andAugmentative Communication. The worldwideleader of literacy software solutions. Developinnovative, assistive software to supportindividuals with their reading, writing and researchskills in Education, the Workplace and at Home.The software supports struggling readers, thosewith literacy difficulties, dyslexia and whereEnglish is a second language.

WebSite:http://www.texthelp.com/

IntelliTools

IntelliTools has been a leading provider of hardwareand software giving students with special needscomprehensive access to learning. A pioneer inlearning solutions for the diverse classroom, hasbeen producing award-winning classroom tools forpreK-8 education for over 25 years. Early on,IntelliTools designed products for students who facechallenges ranging from learning disabilities tosignificant physical disabilities

WebSite:http://intellitools.com/

Closing The Gap

Computers are tools that can provide solutions tomany problems facing people with disabilities today.Closing The Gap, Inc. is an organization that focuseson assistive technology for people with specialneeds through its bimonthly magazine, annualinternational conference and extensive Web site.

WebSite:http://www.closingthegap.com/

RESOURCE ASSISTIVE TECHNOLOGY

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Disability India

A great site with a centralized index (searchdatabase) of disability organizations in India. Hasa Message Board and a Discussion Thread, aforum where parents and organizations can sharetheir information and experiences

WebSite:http://www.disabilityindia.org/

W3C

The Web Accessibility Initiative (WAI) workswith organizations around the world to developstrategies, guidelines, and resources to helpmake the Web accessible to people withdisabilities..

WebSite:http://www.w3.org/WAI

Natural Soft

NaturalReader is a Text to Speech software withnatural sounding voices. This easy to usesoftware can convert any written text such as MSWord, Webpage, PDF files, and Emails into spokenwords. NaturalReader can also convert anywritten text into audio files such as MP3 or WAVfor your CD player or iPod.

WebSite:http://www.naturalreaders.com/

March 2011 ♦ Enabled 31

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RIGHT TO LIVE?A barrier is an inaccessible or inhospitable physical or social

environment which prevents full and effective participation of aperson with disability in society.

March 2011 ♦ Enabled 32

Photograph by

Sathasivamwww.enabled.in

Page 35: Enabled magazine

ADVO

Explanatory Note to the Working Draft of the Rights of Persons

with Disabilities Act

In view of the fact that the legislation is too large to have

a section by section commentary in this explanatory note a prose

description of the legislation with some analysis is being provided

in order to give a bird’s eye view of the working draft.

A barrier is construed differently in different situations and

by different people. A barrier is an or inhospitable physical or

social environment which prevents full and effective participation

of a person with disability in society. It could also be stated as

those factors in the complete social and physical context or

environment in which that person lives his everyday life, which

restrict such person from full participation.

These barriers may be in the spheres of architecture, economics,

politics, culture, social norms, aesthetic values, and

assumptions about ability. could be cultural attitudes and social

behavior, institutionalized rules, practices, procedures of public

organizations and private entities. It could be considered the

political, economic and material forces structured to serve an able-ist society that exclude persons

with disabilities in every sphere. The barriers could be related to accessibility, attitude,

transportation, support, or infrastructure.

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PRINCIPLES OF INTERPRETATION

AND IMPLEMENTATION

First part: Equality, Dignity and

Legal capacity are the fundamental

principles that anyone interpreting

any provision

under this Act

must be cognizant

of. The statue

being a rights-

based one, it is

crucial that rights

must be given the

widest amplitude

and the restriction

be construed in

strict terms. The

benefit of the

doubt must

therefore operate in the favour of

the person with disability. While

we are in the process of effecting a

diametric change, it is prudent that

the benefits of the past must be

salvaged and not abandoned. The

fact of new legislation must not be

understood to have eliminated or

extinguished any existing rights,

benefits or privilege enjoyed by the

persons with disability.

Second Part: This idea of this part

is to elucidate the legal materials

that the adjudicative body should use

while deciding upon any dispute

under this Act. Since, the statement

of purpose and the preamble of this

Act express the philosophy,

motivations and objects behind this

Statute, it was thus considered

important that these should be borne

in mind while adjudicating to so that

the statute is given effect in both

letter and spirit.

LIFTING THE BARRIERS:

Awareness Rising:

The Awareness Raising Chapter is

primarily speaking about why it is

required; who should be doing it;

who needs it and how should it be

done.

Accessibility: is amongst the longest

chapters of the draft it has adopted a

comprehensive approach. It begins

with stating how accessibility is an

essential pre-condition to enable

persons with disabilities to live

independently and participate fully in

all aspects of life. Consequently

persons with disabilities shall be

provided such

accessibility on an

equal basis with

others to the

p h y s i c a l

e n v i r o n m e n t ;

t r a n s p o r t a t i o n ;

information and

communications,

i n c l u d i n g

information and

communications

technologies and

systems, and other

facilities and services open or

provided to the public, both in urban

and in rural areas. The chapter then

mandates the Disability Rights

Authority to sets up standards and

accessibility guidelines for a range of

premises. These premises included:

all buildings and facilities used by the

public; temporary or emergency

conditions as well as permanent

conditions; all new community

residential places and private

residences; road based transport;

aviation; railways; pedestrian

infrastructure and rural public

transport system.

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Women withDisabilities:

Like the CRPD, the

legislation has adopted the twin

track approach to address the

concerns of women with disabilities.

This dedicated provision has been

provided to address the concerns of

disabled women generally and to

reaffirm the guarantee of equality

and non-discrimination.

Children with Disabilities:

Keeping in view the vulnerability, and

the multiple forms of

discrimination faced by

the children with

disabilities, it is required

that a double-twin track

approach be adopted in

the Act. This entails that

children with disabilities be included

in general provisions throughout the

Act, there be a specific chapter

dedicated to children with

disabilities and simultaneous

amendments be made in legislations

which affect them. This approach not

only mandates provision of specific

rights and programmes for CDs but

also ensures their inclusion in

general implementation of rights.

LEGAL CAPACITY AND CIVILPOLITICAL RIGHTS:

This part begins with the

recognition of legal capacity of

persons with disabilities and then

proceeds to legislate on the various

civil political rights guaranteed both

by the Indian Constitution and the

CRPD. What is important to note in

the manner in which these rights

have been addressed that the State

is not being asked to leave the

person with disability alone rather

various kind of positive interventions

are being sought to render the rights

real. Also a constant connection

between the right to a meaningful

life and right to education,

rehabilitation, social security has

been made.

Right to Life:

KEEPING IN MIND THE ABOVE, CLAUSE 1 HAS

BEEN DRAFTED TO CONTAIN A GENERAL

ENUMERATION OF THE RIGHT TO LIFE, WHEREAS

CLAUSE 2 DRAWS THE CONNECTION BETWEEN LIFE

AND DIGNITY AND THEREBY EXPANDING THE

MEANING OF LIFE.

The right to life

conceptualization for persons with

disabilities must reflect upon the

value of a disabled life and its quality.

It must cut across prejudicial notions

about disabled life when viewed

through a medicalised lens. At the

same time, any formulation must be

in consonance with the UNCRPD

mandate which obligates state

parties to ensure the actual use of

this right. Thus the guarantee of right

to life must operationalize the right

in fact by

helping createa n

environment

w h i c h

s u p p o r t s ,

protects and

provides for a thriving disabled life.

For this aim, it is useful to turn to

Article 21 of the Constitution and its

jurisprudence developed by the

Supreme Court of India. An effective

enunciation of right to life can be by

drafting or using the evocative

language that has been used by the

Supreme Court of India and extending

it to persons with disabilities. It is

plausible to use the Francis Coralie

Mullin language since it has been

invoked in other disability

judgements of the Apex Court.

“EFFICIENT IMPLEMENTATION” &“PROTECTION OF INTERESTS OFMOST MARGINALISED”

Explanatory Note to the Woking Draft of the RP with Disabilities

March 2011 ♦ Enabled 35

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Right to liberty:

Article 14 of the UNCRPD mandates

that: first, state parties shall ensure

that persons with disabilities enjoy

the right to liberty and

security of person;

secondly, they are not

deprived of their liberty

unlawfully or arbitrarily,

and that any deprivation

of liberty is in conformity

with the law, and; lastly,

that the existence of a

disability shall in no case

justify a deprivation of

liberty. Article 21

jurisprudence on right to

personal liberty is

expansive and allows for

a broad enunciation for

persons with disabilities.

In this light, any right to

liberty formulation must

grapple with two main

issues in relation to persons with

disabilities, first, criminal justice

system (preventive or punitive);

secondly, forcaed institutionalisation

(for providing shelter). Whilst it

involves a close scrutiny of domestic

legislations including inter alia,

Code of Criminal Procedure and the

Mental Health Act, it is clear that the

prevailing UNCRPD standards as

well as Article 21 jurisprudence

demands: first, outlawing forced

institutionalisation since there

cannot be any exceptions to right to

liberty and no deprivation of liberty

is permissible on the basis of

disability; secondly, state•fs

obligation to create a non-restrictive,

non-coercive accessible

environment to guarantee the de

facto realisation of right to liberty

and security for persons with

disabilities. The new law has thus

been framed to unequivocally make

these guarantees identifiable in the

text of right to liberty and security.

Right to Integrity:

Although right to integrity has been

understood as one which is subsumed

within freedom against torture,

exploitation and right

to dignity, it may not

fairly encompass the

entire wherewithal of

“ integrity”. This is

clear from the

distinctive space and

formulation accorded

to Article 17 in the

UNCRPD. Right to

integrity allows

persons with

disabilities to live and

affirm comfortably

their personal

identity, something

which does not

necessarily find

resonance in other

rights and freedoms.

Right to integrity means to be able to

assert or express oneself as a whole

person. The guarantee of integrity

undercuts notions of disabled as

incomplete, abnormal, or deficient; it

commands individuality and respect

for bodies dissimilar to your own.

Integrity would thus require breaking

through the prismatic vision of

normal. To put simply, right to

integrity would mean the right to be

March 2011 ♦ Enabled 36

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you as you are.

Recognising the

broadness and somewhat

abstractness of the term integrity, it

has been drafted in a way so that

the general provision is

complemented with illustrations to

give an idea of the terms in which

integrity has to be understood. The

illustrations are necessary and

purposeful to create an environment

which respects the bodily and physic

integrity of

persons with

d i s a b i l i t i e s .

However, their

s p e c i f i c

e n u n c i a t i o n

should be

carefully worded

and cautiously

legislated so as

not to repeat the

objectif ication

problem as faced

in the implementation of the SCST

Atrocities Act.

Right to Privacy:

The section on privacy tries to

incorporate Article 22, UNCRPD which

is also the latest enumeration on

privacy in the international law arena.

Some sub-sections have been added

to ensure that right is realised. Privacy

is broad based and includes within its

ambit informational privacy, bodily

privacy, communication privacy,

sexual privacy etc.

Informational Privacy

The disability of the person is usually

represented as the sole characteristic

of the person, whereas other

individual aspects such as personal,

emotional, intellectual, gender,

sexuality, religion, abilities, potential

and other physical features, are often

undermined if not ignored completely.

Thus it is significant that the PWD

must have the right to control the

information that is disseminated

about them so as to avoid any further

discrimination/ branding/

stereotyping that might have

occurred and also to provide a certain

sense of protection and relief to the

PWD.

Concerns for informational privacy

can arise in various areas such as

media, health (medical records),

employment pre-employment

screening as well as post-

employment screening, websites,

courts etc.

However,

since the

fields are

in no way

l i m i t e d ,

the best

approach

in a

legislation

would be

to state

the basic

principle

on privacy

and mention the other sectors in

illustrations under the main section.

Bodily Privacy/ Physical Privacy

It is essential to understand privacy

as a notion of space and physical

integrity to an individual. This aspect

underplays at various levels in

different areas such as home,

Explanatory Note to the Woking Draft of the RP with Disabilities

March 2011 ♦ Enabled 37

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employment, health sector, airports,

security checks etc.

For instance in relation to

residential settings, it is pertinent to

note that in countries where there are

large numbers of people in

institutional care and large numbers

of individuals in wards, it is

necessary to move towards privacy

objectives and measure progressive

realisation of these rights. A broad

legislation on disability might not be

able to cover such a topic in detail

therefore a plausible solution could

be to mention that the government is

mandated to include privacy concerns

in a national housing strategy which

should reflect extensive and genuine

consultation with and participation of

the PWD. To give it an even stronger

footing in the law, a provision for

privacy can also be made in the

chapter for accessibility. Similarly in

medical treatment privacy concerns

arise at every step. These concerns

have been incorporated into the Act

in the illustrations, so that it ensures

that the government can in no way

ignore those measures to be taken.

Sexual Privacy

Persons with disability have been

generally considered asexual brings.

Mainstream society has rarely ever

taken into account the sexual and

reproductive rights of the PWD.

Organisations such as WHO, ECHR

and many Privacy advocates

recognise sexuality as a central

aspect of being human. However, is

not a right which can be legislated

upon. That being said, there is still a

need to guarantee PWD space for

expression of this aspect of privacy

as a person•fs sexual life is an

inherent part of a person•fs life.

A mention of sexual

privacy in the general provision

when drafting the section

achieves two things �

n t i o n “ � f i r s t ,

give a person a right to relief in

case there is any violation and

second, a mention of it would

in turn make it an element to be

taken on board when

constructing houses and

institutions.

An additional provision must be

made for awareness raising and sex

education for PWDs, care givers

and familiesin the Awareness

Raising Chapter of the Act. This

would help bring in a more rooted

change than any other provision.

CAPABILITY DEVELOPMENT:

Education:

The term •gneighbourhood school•h

has been used in the Chapter to refer

to all schools. The term has been

defined in a broad manner to include

all schools in a three kilometer

radius which are equipped to cater

to CWD and also includes which

primarily or exclusively cater to

CWD. The definition has been drafted

broadly in order to give the parents

of the child to the choice to opt either

for inclusive education in any

March 2011 ♦ Enabled 38

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neighbourhood

school or for a

school which caters to

CWDs. This element of

choice is aimed at

eliminating the conflict

between special and

inclusive education

since the child has a

right be educated in

either aspecial or an

inclusive school, as

chosen by his parents in

his best interests.

It may be assumed that

the parent is

adequately informed

about the child•fs

disability to choose a

school which is most

appropriate for him or

her.

Employment Work andOccupation

Reservations in employment

Article 16(1) of the Constitution of

India grants its citizens “equality of

opportunity for all citizens in matters

relating to employment under the

State”. Such equality, needless to

mention, is derived from Article 14 of

the Constitution, which provides for

both “formal” and “substantive

equality”. While formal equality

ensures consistency of treatment,

thereby ensuring that no person is

subject to any special disadvantage,

substantive equality recognizes that

“disability results from interaction

between persons with impairments

and attitudinal and environmental

factors.”

Hence, substantive equality seeks to

mitigate “prejudice, discrimination

and disadvantage”

that have resulted in

barriers being placed

to full enjoyment of

human capabilities.

In such a

s i t u a t i o n ,

substantive equality

would allow for both

affirmative action

measures that are

consistent with the

spirit of the

legislation, along

with any reasonable

d i s t i n c t i o n ,

exclusion or

preference on

grounds of an

i n h e r e n t

requirement of the

job. Nationally and

i n t e r n a t i o n a l l y,

provisions that are

made for groups requiring assistance

have been held not to come within

the ambit of “discrimination’. The first

section of this part of the bill thus

provides for both substantive and

formal equality. It allows for 6%

reservation, does away with job

identification and does not permit any

department etc to seek exemption

from the purview of the section.

Explanatory Note to the Woking Draft of the RP with Disabilities

March 2011 ♦ Enabled 39

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The first draft brought out by the new law committee has a code and one parent act (PWD

Act) and other acts such as National trust act, Mental health act and RCI ACT are brought

under the code.

1. Now the question is is it practically possible to enact all 5 acts simultaneously and how

effective it would be to operate under 5 different acts. Though the demand of the sector is one

comprehensive law, on what basis did the committee come up with 5 different legislations?

2. The chapters given in the draft don’t give any direction but is yet another general document.

With 4 different ACTs and a code, how much is the powers of one statute binding on the

other?

3. Lots of questions like this emerge on reading the draft. It is necessary that more and more

people read this draft and come up with their rights based comments - rather demands. It is

our law and being the stake holders, we should not let the passage of our legislation without a

proper direction given towards the realization of all human rights and wholistic development

of disabled people.

Smitha.S.S.Assistant CoordinatorDisability Legislation Unit South,Vidya Sagar

March 2011 ♦ Enabled 40

Photograph by

Sathasivamwww.enabled.in

Page 43: Enabled magazine

The question

posed to the

Committee in the Explanatory Note to

the Working Draft of the Rights of

Persons with Disabilities Act dated

20.11.2010 (the “Pending Question”)

was as follows

The issue of the induction of the

National Trust and the Rehabilitation

Council as separate chapters could

not be attempted primarily because

there was no time left to undertake a

coherent and systematic exercise. It

may also be noted that as the length

of the statute expanded we felt a

constraint of space in even

incorporating all the provisions of

power and accountability in the

chapter on the Disability Rights

Authority. It may also be noted that

all significant authorities in the

country have dedicated legislations

around them. In this view of the

matter the Committee would need to

consider whether it would wish to suggest the creation of One Disability Law Code and within

which have legislations on: Disability Rights; the Disability Authority; the National Trust; and the

Rehabilitation Council. Or whether it would also wish to induct the National Trust and the

Rehabilitation Council into this legislation?

Opinion: Inadequate time - Time this is an issue of a practical constraint and is something that has

to be worked out within the Committee. I would just state that even if the proposal for a •gCode•h

with multiple legislations is taken up by the Committee, the rights of disabled persons will not be

fully realized till each relevant legislation comprising the “Code” is enacted and/or amended. Timing

wise, therefore, it would seem to make no difference which of the two proposals (a comprehensive

statute or a code) is adopted by the Committee.

- Justice Ajit Prakash Shah

View of Justice Ajit Prakash Shah

March 2011 ♦ Enabled 41

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