New Delhi, October 03, 2023
Fig. Award being received by CABE Representatives |
CABE Foundation is an advocacy, research, consultancy and capacity building non-profit initiative focusing on accessibility, universal design, policy reform, standards formulation, accessibility audits of built infrastructure, disability inclusion in education, employment, technologies and training of stakeholders with a spirit to implement UN CRPD and frameworks such as Sustainable Development Goals.
New Delhi, October 03, 2023
Fig. Award being received by CABE Representatives |
Mr. Vashishth conducting the training |
With the goal of promoting greater inclusivity within society, the Office of Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, organized a One-day Workshop on 'Duties and Responsibilities of Govt. Establishments Under the Rights of Persons with Disabilities Act 2016' conducted by Mr. Subhash Chandra Vashishth, Director at CABE Foundation, as a resource person among others on September 15, 2023.
The workshop was held in the auditorium of the National Institute of Social Defence (NISD), Dwarka Sector 10, New Delhi. The objective of this workshop was to provide insights into the obligations and roles delineated in the Rights of Persons with Disabilities Act 2016 for the government establishments.
Fig. Banner of the event. |
Government officers from several ministries and departments under the Govt. of India coming from different cities of India participated in the workshop. The workshop was simultaneously interpreted in sign language by a competent interpretor to give n inclusive experience of such sessions. The workshop started off with the first session on disability sensitization with an engaging discussion on the significance of using appropriate language and terminology when addressing individuals with disabilities. It delved into the three prevalent disability models: the charity model, the medical model, and the social model. These models offer distinct perspectives on how society views and interacts with persons with disabilities, highlighting the need for a more empathetic and inclusive approach.
One of the discussions in the workshop was situational and functional disabilities, emphasizing the critical importance of accessibility in diverse settings such as buildings, workplaces, and transportation.
The workshop also emphasized the significance of accommodating accessibility requirements and be aware of subtle ableism at display in our behaviour and attitudes. By doing so, it ensures that people with disabilities can participate fully in all aspects of life. This practical insight into the diverse needs of users is essential for promoting inclusivity in our communities.
The workshop was a knowledge-sharing platform that aimed to enhance the duty bearers' understanding of the rights and responsibilities outlined in the 2016 Act. It brought together professionals from various backgrounds to foster a more inclusive and accommodating environment for persons with disabilities. By addressing the intricacies of disability models, language usage, and accessibility challenges, the workshop aimed to pave the way for a more equitable and empathetic society.
Group picture of Faculty, the Dy Chief Commissioner for PwDs and Participants |
It also stressed that understanding what is accessible and what is not accessible to persons with disabilities is crucial in fostering an inclusive environment. This awareness extends beyond physical spaces to encompass digital accessibility, ensuring that everyone can access information and technology without barriers.
In addition, it also discussed the legal aspects of accessibility, particularly focusing on sections 40, 41, 42, 44 and 45 of the relevant legislation of accessibility. These sections encompass accessibility in the workplace, transportation, access to information and technology, and the retrofitting of existing infrastructure to make it accessible. By addressing these facets, organizations and individuals can actively contribute to breaking down barriers and creating a more inclusive society.
Mr. Naresh from the Institute of Secretariat Training and Management (ISTM) conducted the session on the implementation of 4% reservation for different categories of persons with disabilities, particularly providing practice guidance on how to prepare the rosters to ensure the correct application of reservation percentages.
The
session served as an example of light on the path to inclusiveness. It provides
the information and understanding required to build a society in which everyone
is treated with equality and respect. We thank the Office of the Chief
Commissioner for Persons with Disabilities, Ministry of Social Justice and
Empowerment, for organizing this important awareness raising workshop for the stakeholders.
Dear Colleagues,
In a commendable effort to make our public spaces more
accessible and inclusive, the National CPWD Academy recently concluded a 3-day
training course on "Accessibility in Built Environment & Retrofitting
in Existing Buildings as per Accessibility Norms." This empowering event
took place from August 28th to August 30th, 2023, and was led by Mr. Subhash
Chandra Vashishth, Director at CABE Foundation and a Specialist in Universal
Design and Accessibility. The primary goal of this training was to sensitize the
participants on disability awareness and equip them with the knowledge and
skills needed to transform our public buildings and environments into spaces
Fig. 1 Participants with the Faculty, Mr. Subhash Chandra Vashishth |
The training course was unique in that it had the privilege
of hosting officers (architects, civil engineers and civil servants) who were
specifically tasked with implementing the Accessible India Campaign (AIC), many
of them nominated by the Department of Empowerment of Persons with Disabilities
and representing diverse regions of our incredible nation.
Participants in this training program hailed from states and
union territories from various corners of India such as- Arunachal Pradesh,
Mizoram, Meghalaya, Sikkim, Jammu & Kashmir, Ladakh, Andaman & Nicobar
Islands, Chandigarh, Gujarat, Uttar Pradesh, Madhya Pradesh, Bihar, Jharkhand, West
Bengal, Andhra Pradesh, Telangana, Maharashtra,
Goa, and more!.
The importance of this diverse representation cannot be overstated. It signifies a collective commitment to making our country more accessible, acknowledging the unique challenges faced by different regions and communities.
Fig. 2. Training Participants in the class |
Special thanks for the National CPWD Academy for hosting
this and Department of Empowerment of Persons with Disabilities for nominating
the concerned stakeholders and above all sincere thanks to all the participants
for your unwavering dedication to accessibility and inclusivity. This was so
palpable when there was full strength and all felt that it was a much-needed
session that raised their awareness on what is expected of them and the
technical details of the accessibility standards.
Fig. Group photo of the Training Participants |
Let's continue to build on this momentum, working hand in
hand to ensure that our public spaces are welcoming to everyone, regardless of
their abilities. Together, we can turn our vision of a more inclusive world
into a reality and ensure that the provisions of the Rights of Persons with
Disabilities Act 2016 are realised on the ground.
1. Accessibility in Buildings and Built Environment;2. Fire and Life Safety;3. Structural Design;4. Soil and Foundation Engineering;5. Air Conditioning, Heating and Mechanical Ventilation; and6. Plumbing Services.
A 20-21, Institutional Area, Sector 62, NOIDA-201301(UP), India
1. Online Portal: Application has to be made through BIS Training Portal www.manakonline.in, as explained below, latest by 21 July 2023.:-
2. By Email: Alternatively, you can also E-mail the filled up application form to nits@bis.gov.in. latest by 21 July 2023:- (Download the application Form : Word File 38 KB)
And the Training Program Module schedule here:
Participants gained knowledge on various key topics like understanding the rights and diverse access needs of persons with disabilities, impact of various disabilities on architecture/design, accessible parking, sanitary facilities amongst others. (2/3) pic.twitter.com/BcIpzn7K11
— Bureau of Indian Standards (@IndianStandards) July 26, 2023
Some pictures from the training:
Picture 1. Group photo of the training participants |
Picture 2. Sh. TD Dhariyal, Executive Director, CABE Foundation conducting a session |
Picture 3. Mr. Subhash Chandra Vashishth, Director, taking sessions at the capsule course. |
Dear Colleagues,
We are delighted to announce that Mr. Subhash Chandra Vashishth, CABE's Co-Founder & Director, will be joining the upcoming conference on 'Inclusion in Cultural Spaces', scheduled to be held on the 1st of July 2023 at Bangalore.Organised by the Museum of Art & Photography (MAP) in Bangalore, and supported by the Mphasis F1 Foundation, the conference will bring together experts from the arts, as well as the broader development sector to highlight and demystify the complexities of inclusion within the arts.
The day-long conference will feature conversations on the status of inclusion in cultural organisations, the built environment, fostering a meaningful audience engagement, representation within the workforce, and the need for a strategic effort by funders to move towards a more inclusive art sector.
The day will also feature an introductory session on Indian Sign Language and will conclude with a networking reception.
Looking forward to seeing you there!
The event is free, but registration is mandatory.
Register for the Conference in Person: [Weblink to Register]
Download Programme Schedule of the Conference : [PDF 146KB]
Date and Venue: 01 July 2023, Mazumdar - Shaw Auditorium, Ist Floor, 22, Kasturba Rd, Shanthala Nagar, Bengaluru, Karnataka 560001 (Location PIN)
Require support or have Questions : access@map-india.org or visit MAP-India dot org
Dear Accesssibility Enthusiasts,
As you are aware, Bureau of Indian Standards (BIS), is the National Standards Body of India, which is inter alia responsible for promotion of harmonious development in standardization and matters connected therewith, both within the country and at international level. In line with its mandate, BIS is engaged in the establishment, publication, review and promotion of the Indian Standards, in relation to goods, articles, processes, systems and services.
Accessibility in the built environment refers to designing and constructing buildings, public spaces, and infrastructure that can be accessed and used by persons with disabilities. Creating an accessible built environment is essential for addressing needs of older adults and persons with disabilities, promoting social inclusion, upholding human rights, supporting the economy, and meeting legal requirements.
Recently, the draft for revision of IS 4963 “Requirement for Accessibility in Built Environment for Older Adults and Persons with Disabilities” (Second Revision) has been issued in Wide Circulation. This document is an important guideline for architects, builders, and policymakers in ensuring that buildings and public spaces are accessible to older adults and persons with disabilities.
To sensitize the sensitize professionals, government organizations, academia, NGOs, accessibility specialists, important private organizations working for the welfare of elderly people and persons with disabilities and seek comments on the wide circulation draft, we are glad to invite you to this National seminar on “Breaking Barriers: Universal Design for Accessibility in the Built Environment”. The seminar will highlight the importance of addressing the needs of elderly people and persons with disabilities in building construction.
In the Seminar the improvements and developments to the provisions existing in the National Building Code of India 2016 (Part 3 - Annex B), particularly the revision of IS 4963 will be disseminated, and interactions held.
Date of the Seminar: Tuesday, 13 June 2023
Time: 1000 Hrs onwards
Venue: Dr Lal C Verman Conference Hall, Bureau of Indian Standards, Manak Bhawan, 9 Bahadur Shah Zafar Marg, New Delhi 110 002, India.
Mode: Hybrid (in person as well as virtual), however, registration is compulsory.
Speakers:-
Welcome address: Shri Arun Kumar S, Scientist E & Head, Civil Engineering Department, BIS
Theme Address: Shri Sanjay Pant, Deputy Director General, (Standardization-II), BIS
Sensitisation Talk on Specific Needs of Diverse Users : Shri Subhash Chandra Vashishth, Accessibility, Universal Design & Diversity Inclusion, Accessibility Expert CPABE Level III (IAAP), Director, CABE Foundation
Accessibility in NBC2016: Smt Madhurima Madhav, Scientist D/Joint Director, Civil Engineering Department, BIS
What’s new in IS 4963: Shri Dheeraj Damachya, Scientist B/Assistant Director, Civil Engineering Department, BIS
Access the Brochure here:
Post Event Update:
The seminar was attended by a large number of participants from across sectors and differnet geographies. Here are some visuals from the seminar:
1) This standard specifies the requirements of barrier free access to, movement within and around buildings, by the elderly persons and persons with disabilities who may have non-ambulatory disabilities, ambulatory disabilities, sight disabilities, hearing disabilities, etc.2) These requirements apply to all buildings and facilities open to and used by the public. These shall also apply to all forms of public housing by the government/civic bodies or private developers.3) The reference to the accessibility needs of persons with disabilities, made in this standard shall also mean a reference to such needs of the elderly persons, children, women and persons of short stature / dwarfism in so far as the concerned provision is applicable to the type of disabilities that may be associated therewith.
Access to Libraries is an important area of intervention especially in this age of technology where STEM education is increasingly being chosen by blind and visually impaired students among others. Physical access to schools and libraries too is equally crucial for children with disabilities and convenient for other students. We need more sensitization among schools and educational institutions.
We contributed to this crucial two day Capacity Building Workshop on "Inclusive Library-A digital and Accessible Library for All" on 28 April 2023 at Sri Guru Govind Singh Public School Sector 35B Chandigarh as resource. The school, the GIEN (Global Inclusive Education Network), Centre for Disability Studies and Action, School of Social Work, Tata Institute of Social Sciences, Mumbai (TISS, Mumbai), DAISY Forum of India (DFI), National Associated for the Blind, Delhi (NAB), and Brotherhood, Delhi, collaborated together to organise a two-day capacity-building workshop for the librarians, special educators, counsellors and IT professionals of schools (Primary, Middle, Secondary and Senior Secondary), special schools and universities.
Mr. Subhash Chandra Vashishth conducted two sessions during the workshop - one each on - Legal framework on Obligations of educational institutions & libraries towards persons with disabilities, Access to ICT products & services and on How to ensure Physcial Accessibility in Schools & Libraries. Attendees were Teachers, Special Educators, Librarians, Counsellors and IT Staff from various schools, Universities and Special schools from North India. Interesting take aways from the exercise.
Fig. Mr. Subhash Chandra Vashishth conducting the training session. |
We thank Global Inclusive Education Network; Centre for Disability Studies and Action, School of Social Work, Tata Institute of Social Sciences, Mumbai (TISS, Mumbai); DAISY Forum of India (DFI); National Associated for the Blind, Delhi (NAB), and Brotherhood, for this importnat collaboration!,
- Drafted by Ms. Anugya Srivastava & Edited by Mr. Subhash Chandra Vashishth
Health insurance is the means to cover your medical expenses if you are at risk or injured. A comprehensive medical insurance covers the cost of hospitalisation, day-care procedures, medical care at home (domiciliary hospitalisation), and ambulance charges, amongst others. A health insurance plan helps you stay covered against various diseases. Additionally, it enables you to boost tax savings. Under section 80D of the Income Tax Act, 1961, one can claim tax benefits against their health insurance premium. Everyone can apply for insurance. So what is there for the disabled when it comes to insurance?
HDFC Insurance’s explanation below will give us a better idea about the deep routed phenomenon of discrimination being faced by persons with disabilities particularly those with congenital disabilities (those who were born with it):
“Depending on whether the disability that a person is
suffering from is congenital (i.e. by birth) or accidental, various health
insurance providers offer healthcare coverage scopes. Generally speaking, if
the disability is congenital i.e. in the event of a person being disabled from
birth, the insurance providers do not offer any healthcare coverage. This means
that persons who are suffering from congenital disabilities are not eligible
for healthcare coverage in the general sense of the word. However, persons who
have become disabled on account of an accidental occurrence are treated as
regular customers when it comes to purchasing a health insurance plan.
Therefore, such persons who were not born with a disability but became disabled
due to any accidental occurrence are equally eligible for healthcare coverage
as is provided by the various insurance providers. There is a clear set of
medical tests and documentation at the time of policy purchase, which must be
duly followed and all the details pertaining to the disability must be divulged.”
What
the Law says on Health Insurance for Persons with Disabilities
Article 25 of the United Nations Convention
for Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007,
states as under:
“(e) Prohibit discrimination against persons with disabilities in the
provision of health insurance, and life insurance where such insurance is
permitted by national law, which shall be provided in a fair and reasonable manner”
Sections 3, 25 and 26 of the Rights of Persons with Disabilities Act (RPWD), 2016, have made it clear that a person with a disability cannot be discriminated against when accessing healthcare and its other aspects. According to Section 26 of the Act, “The appropriate Government shall, by notification, make insurance schemes for their employees with disabilities”.
Health Insurance Schemes of Union Government, State Governments and Private Companies
Keeping in view the above provisions of the UNCRPD and RPWD Act, let us take a look at the health insurance Schemes of the Government:
Central Government:
A. Ayushman
Bharat Pradhan Mantri Jan Arogya Yojana: Ayushman
Bharat PM-JAY is the largest health insurance scheme in the world, which aims
at providing health cover of Rs. 5 lakhs per family per year for secondary and
tertiary care hospitalisation to approximately 50 crore beneficiaries which
make up the bottom 40% of the Indian population. The households included were
based on the deprivation and occupational criteria of the Socio-Economic Caste
Census 2011 (SECC 2011) for rural and urban areas, respectively. It subsumed
the Rashtriya Swasthya Bima Yojana (RSBY), launched in 2008.
The eligibility criteria of this scheme for the beneficiaries are divided into two categories: rural and urban:
a. For the rural beneficiaries, PM-JAY covers all such families who fall into at least one of the following deprivation criteria (D1 to D5 and D7) and automatic inclusion (living on alms, manual scavenger households, tribal group, legally released bonded labour) criteria:
● D1- Only one room with kucha walls and kucha roof● D2- No adult member between ages 16 to 59● D3- Households with no adult male member between ages 16 to 59● D4- Disabled member and no non-disabled adult member● D5- SC/ST households● D7- Landless households deriving a significant part of their income from manual casual labour
b. For the urban beneficiaries, the workers who belong to the following 11 occupational categories are eligible for the scheme:
● Ragpicker● Beggar● Domestic worker● Street vendor/ Cobbler/hawker / other service provider working on streets● Construction worker/ Plumber/ Mason/ Labour/ Painter/ Welder/ Security guard/ Coolie and other head-load worker● Sweeper/ Sanitation worker/ Mali● Home-based worker/ Artisan/ Handicrafts worker/ Tailor● Transport worker/ Driver/ Conductor/ Helper to drivers and conductors/ Cart puller/ Rickshaw puller● Shop worker/ Assistant/ Peon in small establishment/ Helper/Delivery assistant / Attendant/ Waiter● Electrician/ Mechanic/ Assembler/ Repair worker● Washer-man/Chowkidar
B. Niramaya Health Insurance Scheme
This Health Insurance Scheme' by the National Trust covers conditions arising from disabilities, mental retardation, cerebral palsy, autism, and multiple disabilities. The scheme envisages delivering comprehensive cover, which will have a single premium across the age band covering people with disabilities with up to ₹1 lakh for medical treatments under the National Trust Act on a reimbursement basis. It does not require pre-insurance tests, but individuals must enroll with the National Trust and have a valid disability certificate to avail of this policy. Treatment can be taken from any hospital.
C. Swavalamban Health Insurance
Swavalamban has been designed to deliver comprehensive cover to the beneficiary as well as his family (PwD, Spouse & up to two children), has a single premium across age bands and can be availed by PwDs aged between 18 years and 65 years with a family annual income of less than ₹ 3,00,000 per annum. In order to enable and empower persons with disabilities (PwDs) to live as independently and with dignity as possible, health services and its access to persons with disabilities assume a very significant role. The objectives of the scheme are:
- To provide affordable Health Insurance to persons with Blindness, Low vision, Leprosy-cured, Hearing impairment, Locomotor Disability, Intellectual Disability and Mental Illness.
- To improve the general health condition & quality of life of persons with disabilities.
D. Employees’ State Insurance Scheme.
Primarily designed to help factory workers handle the expenses following accidents and occupational hazards, the Employees' State Insurance Scheme is available for the workers employed in various factories in India. Under Disablement benefits, the employers’ share of contribution in respect of such disabled employees is paid by the Central Government for initial three years. Permanently disabled persons working in factories and establishments covered under ESI Act and drawing wages up to ₹25,000/- per month are covered under the scheme.
Although there is no specific scheme which gives health insurance or assistance to persons with disabilities, these are some of the following scheme(s) that give financial assistance to those people who are either injured or battling an illness/disease:
A. Delhi Arogya Kosh:
Delhi Arogya Kosh (DAK) is a scheme which provides financial assistance to the extent of Rs. 5 lakhs to needy eligible patients for treatment of any illness/disease in a Government Hospital and for any illness/treatment/intervention required by the patient undergoing treatment in a Government Hospital run by Delhi Government/Central Government/Local Bodies/Autonomous Hospital under State Government.
●
Patients with annual family
income up to Rs 3 lacs are eligible.
● The patient should be a bona
fide resident of Delhi for the last three years (prior to the date of
submission of the application)
● The patient requiring
treatment for any illness/ treatment/ intervention in a Government Hospital run
by Delhi Govt. /Central Govt. /AIIMS /Autonomous Institutes of the State Govt.
/Local Bodies.
This flagship health insurance scheme of Maharashtra Govt. provides end to end cashless services for identified diseases through a network of service providers from Government and Private sector. Earlier was known as Rajiv Gandhi Jeevandayee Arogya Yojana (RGJAY) it was renamed as Mahatma Jyotirao Phule Jan Arogya Yojana (MJPJAY) from 1st April 2017. it covers beneficiaries under three categories below:
Category A: Families holding Yellow ration card, Antyodaya Anna Yojana ration card (AAY), Annapurna ration card, Orange ration card (annual income up to INR 1 lakh) issued by Civil Supplies Department, Government of Maharashtra for 36 districts of Maharashtra.
Category B: White ration card holder farmer families from 14 agriculturally distressed districts of Maharashtra (Aurangabad, Jalna, Beed, Parbhani, Hingoli, Latur, Nanded, Osmanabad, Amravati, Akola, Buldhana, Washim, Yavatmal, and Wardha).
Category C:
1. Children of Government Orphanages, Students of Government Ashram Shala, female inmates of Government Mahila Ashram & senior citizens of Government old age homes.
2. Journalists & their dependent family members approved by DGIPR.
3. Construction workers and their families having live registration with Maharashtra Building & other Construction worker Welfare Board.
Health Insurance Plans by Insurance Companies
Most private insurance companies provide insurance cover to people with disabilities, but not all 21 types of disabilities given under the Schedule of the Rights of Persons with Disabilities Act, 2016 are covered by them. For instance-
A. Star Health Insurance has only one disability specific insurance plan called “Star Special Care”, which covers people diagnosed with Autism Spectrum Disorder in the age bracket of 3 to 25 years.
B. HDFC’s health insurance plans only cover people with acquired disabilities i.e. those who became disabled due to an accident or illness and excludes persons with congenital disabilities i.e. those who are disabled since birth.
C. Tata AIG’s Corporate Health Insurance also covers permanant and partial disabilities due to accidents under their Group Personal Accident Plan. However, their Individual focused health insurance plan doesn’t cover people with disabilities.
Actual State of Health Insurance for the
Disabled in India
The Insurance Regulatory and Development Authority of India (IRDAI) has issued an advisory in 2016 and it reiterated its advisory on 02 June 2020 to provide equitable insurance covers to persons with disabilities and other vulnerable groups, there has not been much change in the status quo and onground situation continues to be challenging.
Judicial Interventions in the matter of Health Insurance for the Disabled in India
From the above schemes of Central and State Governments and the private health insurance companies, one may feel that adequate coverage has been given to persons with disabilities. But is it really the case? Let’s take a look at the judicial interventions on various issues pertaining to health insurance of the people with disabilities.
A. In 2009, a public interest litigation was filed by an employee of postal department in the Delhi High Court, on the grounds that the postal life insurance was giving a cover of only ₹1 lakh to the persons with disabilities against ₹5 lakhs for the non-disabled employees. Further, an extra premium was being charged from the persons with disabilities. The Delhi High Court in a milestone judgement, directed the postal life insurance to provide equal insurance coverage and not charge extra premium from the employees with disabilities.
B In 2016, Jai Prakash Tayal, holding a Mediclaim policy had filed a suit against United India Insurance Company Ltd. seeking payment of ₹5 lakh spent on his treatment while the Insurance firm had denied Mediclaim saying “genetic disease is not payable as per policy genetic exclusion clauses". The Delhi High Court ordered the IRDAI to re-look at the Exclusionary clauses in insurance contracts and ensure that insurance companies do not reject claims on the basis of exclusions relating to genetic disorders. It also upheld the judgement of the Trial Court, which stated that a person, suffering from a genetic disorder, needs medical insurance as much as others.
C. In the case of Saurabh Shukla, an investment professional who has tetraplegia and uses a wheelchair, applied for health insurance and was denied the same by companies Max Bupa Health Insurance Co. Ltd. and Oriental Insurance Co. Ltd. on the grounds of his disability and other medical conditions being high risk. Mr. Shukla approached the Chief Commissioner for Persons with Disabilities, who then communicated this matter with the Insurance Regulatory and Development Authority of India (IRDAI) directing them to advise the insurance companies to initiate the policies for persons with disabilities. In response, the IRDAI stated that the mechanism to provide health insurance covering existing disability already exists, but they didn’t give a specific reply to Mr. Shukla. Aggrieved by the response of the Insurance Regulator, Mr. Shukla approached the Hon’ble High Court of Delhi, to seek quashing of the rejection of his health insurance application by the insurance companies and he also sought the direction of the Court to the insurance companies to issue a health insurance policy to him. In its defence, IRDAI referred to Regulation 8 (c) of the IRDAI Regulations 2016, which clearly states that the denial of health insurance coverage shall be the last resort of the insurer.
D. The Delhi High Court, in its judgement dated 13 December 2022, has categorically observed that the right to life includes the right to health. It has directed the insurance regulator to organise a meeting of all insurance companies to design health insurance schemes for people with disabilities and introduce them preferably within two months. The court also asked the IRDAI to immediately modify the terminology "substandard lives" in their regulations to ensure that such "unacceptable terminology" is not used while referring to persons with disabilities, and it also permitted Mr. Shukla to approach both the insurance companies once again, and the two companies shall consider his case for issuing a health insurance policy and the question of extending insurance to Mr. Shukla shall be reviewed. It also directed that the proposal shall be placed on record before the next hearing. The Court has also directed both IRDAI and the insurance companies to file a status report two weeks before the next date of hearing i.e. 17th March 2023.
What Needs To Be Done?
Mr. Thakur Dutt Dhariyal, who was the longest-serving Deputy Chief Commissioner for Persons with Disabilities for Govt. of India till 2014 and has also served as the State Commissioner for Persons with Disabilities, Govt. of NCT of Delhi for three years, praised the Delhi High Court judgement in Saurabh Shukla's case while also pointing out the need for an in-depth study and examination of the economic viability of providing health insurance to persons with disabilities. According to him, “It [Mr. Saurabh Shukla vs Max Bupa Insurance Co. Ltd. and Ors.] is a good judgement. It upheld the UNCRPD and RPWD Act regarding health insurance for people with disabilities. As far as health insurance premium is concerned, a greater and deeper study is needed to examine the economic viability of providing health insurance to people with disabilities. In cases where persons with disabilities require frequent hospitalisation, the insurance companies should have the evidence before denying their claim to the insurance.”
It is hoped that on March 17, 2023, the date of next hearing of the High Court in this matter, IRDAI and the insurance companies would be able to submit a proposal of a health insurance policy for people with disabilities that doesn't discriminate on the basis of etiology of their disabilities i.e. whether acquired or congenital.
- The author is a student of Master of Social Work (Disability Studies & Action) at Tata Institute of Social Sciences Mumbai and currently interning at CABE Foundation. The article has been edited by the leadership at CABE Foundation.
Manak Manthan on WC draft IS 15330 |
The main focus of this interactive programme will be the discussions of various requirements and changes that are being brought into the standard and exchange of ideas on this draft in wide circulation. The outcome of the discussions will be shared with the technical committee for further action.
Date and Venue of the Program (Hybrid Mode)
Date: 14 Dec 2022 Time: 10.30 AM
Venue: Lal C Verman Hall, Manak Bhawan, BIS Headquarters, New Delhi-110002
Virtual Meeting link : Webex
Relevant Documents
1. Wide Circulation Draft of IS 15330 : Requirements for Lifts for Persons with Disabilities
2. Harmonized Guidelines & Standards for Universal Accessibility in India 2021
We encourage you to join in this nation building activity.
About BIS
Bureau of Indian Standars (BIS), as the national standards body, has been formulating Indian Standards catering to the needs of various stakeholders in terms of quality and technological advancements. The standards are finalized through a consensus approach and the collective wisdom of the members of the Technical Committees.
In order to ensure faster and easier implementation of these standards, BIS has taken the initiative of conducting a Manak Manthan meeting through which the stakeholders can directly discuss and comment on the standards which have been recently formulated or are at advanced stages of finalization. The Manak Manthan serves as a platform for identifying challenges and suggesting comments for improvement of standards and the feedback is made available to the concerned technical committee for addressing them suitably.