National Federation of the Blind as a movement for protection of rights of persons with visual disability

 In spite of an executive order for 1% exclusive reservations for the Blind out of the 3% meant for the disabled in group C & D categories in the government sector, mired in the negative mind set, the concerned authorities showed no positive inclination towards the implementation of the order. The Federation felt the need for a comprehensive legislation to provide a legal cushion for such government orders and had decided to tread the difficult path of requesting the then government at the centre for enactment of such a law and at the earliest. It thus chose 16^th of March, 1980, The International Year of the Disabled as declared by the United Nations. The intended peaceful march to the Prime Minister of the time Ms Indira Gandhi to present a charter of demands by huge number of visually challenged and other supporters of the idea lead by Mr. S.K.Rungta was brutally halted by the Delhi police and the peaceful march ended up in bloody mess, grievously injuring a huge number of hapless blind marchers. This act drew sharp criticism and condemnation both nationally and from across the world thanks to the media attention. This resulted in a public apology from the prime minister and an invitation to a delegation to take the matter forward and bring about a solution.  

The group lead by Mr. S.K.Rungta met with Ms Gandhi and after deliberations a working group to draft a legislation to the effect and also to circulate a recommendation to all the state governments to implement the executive order issued in 1978 suggesting the 3% reservation for the disabled, but until 1990 a committee headed by Justice Beharul Islam submitted its report and drafted the legislation and the parliament passed on 22^nd December, 1995. This long process demanded a huge unyielding struggle, lobbying with the law makers coupled with peaceful protests from time to time, thus came into being “The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act-1995 came into force after the 7^th of February 1996 with its notification in the gazette of India, it was one long and hard battle lead by the visionary Secretary General of the Federation. This act ultimately became an umbrella of the protection for the rights of persons with disabilities as judgments in a number of cases filed against the violation of rights under various articles of this act in different courts were awarded in favour of the disabled persons.

Outcome:

a)      A landmark judgment by the Honourable High Court of Delhi, directing the government to lift the embargo on recruitment of the disabled as per the 3% quota under section 33 of The Persons with Disabilities Act -1995 recommend by the government, which was a result of a writ petition filed by the Federation.

b)      A fifty two day long  agitation launched by the Federation in the year 1987 that culminated in providing jobs to about 131 blind candidates in group ‘C’ posts and equal number in group ‘D’ posts.  Not only the blind but a number of hearing impaired persons also benefited out of this exercise. This exercise was again repeated in 1990 and 1997 as well, the Special recruitment drive was conducted by Staff Selection Commission on the 17th of May 1990.

c)      Appointment of 251 blind persons against various posts in Uttar Pradesh - As a part of the struggle started by the Federation in 1980, an agitation was launched by NFB U.P. Branch in 1981 in Uttar Pradesh. Through a cabinet decision it was made mandatory to appoint one blind person in each department in every district and lecturers in al the Government. Inter colleges.  Thus, a total number of 251 persons were appointed in the state.

d)     The National Federation of the Blind Haryana State Branch was responsible for            appointment of over one hundred blind persons as teachers and against other   group‘D’ posts in the year 1992 and similar number of teachers in the year2004.

e)      Govt. of Rajasthan has decided to fill up 376 posts among the blind in teaching posts, after The Supreme Court of India had passed orders to that effect, of these 175 persons have already been appointed while remaining 201 posts are to be filled up in the coming few years

f)       The decision of the apex court of India in the year1993 on a petition filed by National Federation of the Blind ruled that the qualified Visually Challenged are eligible for competing in the premiere Indian Administrative Services recruitment.