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A PRESENTATION BY: Mrs. ALOKA GUHA

A PRESENTATION BY: Mrs. ALOKA GUHA. DEAFBLIND. CURRENT SCENARIO. No country in the Asia Pacific Region has any Legislation for persons with deaf blindness

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A PRESENTATION BY: Mrs. ALOKA GUHA

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  1. A PRESENTATIONBY:Mrs. ALOKA GUHA

  2. DEAFBLIND

  3. 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.

  4. SENSE INTERNATIONAL • Based on experience in India 2) Catalystic Role in the Asia Pacific Region 3) Emphasis on Services, HRD and Legislation

  5. Under the Constitution of India Fundamental Rights Article 14 - Equality before law 16 - Equality of opportunity of employment 21 - Protection of life & liberty

  6. 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

  7. CONSTITUTION (82nd) AMENDMENT ACT, 2001 • 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.

  8. LEGISLATIVE FRAMEWORK in India

  9. INDIA 28 States & 7 U.T.’s3,287,263 sq. milesarea18 Official LanguagesOver 1 BillionPopulation N T ACT P D ACT RCI ACT 3 Legislations on Disability in India

  10. The National Trust is the Government of India’s response to parents’ question:- “What will happen to my child after my death”????

  11. 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. • To Support Organizations for: Families in Crisis Orphans with Disabilities Destitutes with Disabilities Important Objectives:

  12. To provide for Legal Guardianship

  13. CHAIRPERSON • JS (DD) • JS& CEO • Mr.M. Rajamani (JS), Urban Dev. • Ms. M. Ramchand • Mr. K.D. Raju (JS), Education • Dr.V.V. Pyarelal THE BOARD • Mr. B.P. Sharma (JS), Health • Mrs. Saswati Singh • Mr. P.K. Ray (JS), Labour • Mr. Anil Joshi • Dr. H.T. Dholakia • Mrs. L. Kacker (JS), WCD • Ms. Merry Barua • Mr. M. Sahoo (JS), SJ&E • Mr. K.M. Bhattacharya • Dr.P.V.Thomas , CEA, RD • Ms.Sharmila Divatia • Sh. R.S. Sethi • Ms. Chanda Singh, Co- Chairperson, CII • Mr. Anil Kumar Agarwal, Alternate President, ASSOCHAM • Sh. P.M. Sinha, President, FICCI

  14. Economic Strain POVERTY Poor Nutrition lack of health/care Isolation from market place Diminishing employability DISABILITY Limited access to education & training Interrelated Cause & Consequences of Disability

  15. DATA OF NATIONAL TRUST USERS

  16. What is a Local Level Committee? A Local Level Committee consists of 3 members at the District level :- • District Collector • Person with disability • A Non Government • Organization • Their role is in ---- a) Awareness Creation • b) Legal Guardianship • c) Facilitation • Convener • Co-option

  17. LEGAL GUARDIANSHIP • STATUTORY REQUIREMENT – Sec 14(1) “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”

  18. FOR WHOM ? Only for Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities • WHY HAVE LEGAL GUARDIANS ? • To fill a Legal Vaccum – Existing law of guardianship only on minority basis • Impaired capacity of ward for informed decision making • Difficulty of ward in managing personal requirements or property interests • To apply for loans etc.

  19. TYPES OF GUARDIANSHIP • Guardianship of the Person • Guardianship of the Person and or Property • KINDS OF GUARDIANS • Natural Guardians • Court appointed or declared guardians • Testamentary guardians • Guardians appointed by Local Level Committees

  20. UN CONVENTION ON DISABILITY (NEW RIGHTS) • Accessibility • Personal Mobility • Rehabilitation

  21. VISION FOR THE FUTURE • Services • Human Resource Development Sense • Legislation on Deaf Blindness

  22. RIGHTS Awareness • LEADERSHIP Training • PARENTS EMPOWERMENT • SEAMLESS INTEGRATION with all other disabled Groups

  23. PARITY RIGHTS • TRIGGERS for chain of events • PUBLIC PRIVATE PARTNERSHIP (PPP) • LEGISLATION plusPOLICY • SOCIAL SECURITY

  24. SERVICES • Prevention • Early Detection - Neonatal • Early Intervention • Inclusive Education • Inclusive Employment • Inclusive Communities

  25. Social Model over Medical Model • Empowerment Approach • Research • Availability of Home Based Trained Caregivers • Participation of Deaf Blind people in Planning, Implementing & Monitoring Processes

  26. THE NATIONAL TRUST VISION STATEMENT 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.

  27. 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

  28. We must be committed to facilitating – • Opportunities that empower and enable persons with disability through training, care, income and social inclusion. • Ways and means of strengthening families. • Environmentsthat are free from physical, informational and psychological barriers. • Ideologiesand societies that are inclusivein nature • Programmes that are affordable, accessible and available.

  29. These will be achieved through - • 1.Partnerships between Governments, people with disabilities, their families, voluntary organizations, and civil society. • Development of – • Self help groups • District level bodies • Sustainable services • Information systems • Networks and multisectoral linkages • Convergence with mainstream developmental programmes in the communities.

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