Jitendra Soni on Charter of Demands for Inclusive Voting System for Persons with Disabilities and Vulnerable Groups in India
Freedom of Movement Coalition
From: jitendra soni <divyangf...@gmail.com>
To: weth...@googlegroups.com, freedom-of-mov...@googlegroups.com
Cc:
Bcc:
Date: Sun, 5 Jan 2025 19:27:49 +0530
Subject: Subject: Charter of Demands for Inclusive Voting System for Persons with Disabilities and Vulnerable Groups in India
Subject: Charter of Demands for Inclusive Voting System for Persons with Disabilities and Vulnerable Groups in India
To: Hon.
- Chief Electrol Officer, India
- Electrol Commissioner, India
- All Office Bearers of Election Commission of India
- All State Election Officers
- Hon. President of India
- Hon. Prime Minister of India
- Leaders of all Political Parties, India
- All Members of the Parliamentary Affairs Committee
- Chief Ministers of all States
- Chief Secretary of all States, India
- All Members of Parliament, India
- Members of the Legislative Assembly, all States
- Chief Executive Officer (CEO) of the Unique Identification Authority of India (UIDAI)
- Chairman & Speaker, Lok Sabha & Rajya Sabha & Vidhan Sabha, India
- Leader of Opposition, India
- Minister in Charge, Ministry of Social Justice
- Minister in Charge, State Social Justice & Welfare
- Chief Disabilities Commissioner of India
- Disabilities Commissioner of All States, India
Introduction
Dear Sir/Madam,
I, Jitendra Kumar Soni, a Divyang citizen of India, present this petition on behalf of the Divyang community and other vulnerable groups across the nation, seeking immediate action to ensure equal and accessible participation in the democratic process. This petition addresses the pressing need for reforms to guarantee that persons with disabilities (PwDs), senior citizens, hospitalized patients, pregnant women, and other vulnerable individuals have the right to vote under conditions that ensure accessibility, privacy, and fairness.
Matters of Concern
We have identified the following concerns regarding voter participation:
Voter Registration and ID Cards: Many PwDs and senior citizens do not have proper voter IDs or are unable to register due to physical or logistical challenges. Furthermore, there are significant issues regarding people who do not possess voter IDs yet are eligible to vote.
Limited Accessibility: Current polling stations and voting systems often fail to accommodate PwDs, senior citizens, and others with special needs. This restricts their ability to participate fully in elections.
Lack of Information and Awareness: Many eligible voters, especially from marginalized groups, are unaware of the facilities available to them for registering and voting. There is insufficient outreach to these vulnerable populations.
Postal Ballot System Limitations: The postal ballot system is currently limited to persons with disabilities and senior citizens over 85, but its reach and effectiveness must be expanded.
Inaccessible Voting Options: High-care PwDs, those on wheelchairs, pregnant women, and elderly individuals need additional voting methods like voting from home, online voting, or special ballot systems.
Our Demands
In light of these concerns, we respectfully present the following demands:
- Universal Voter Registration and ID Cards: Ensure that all eligible citizens, including PwDs and senior citizens, have access to voter ID registration. Collaborate with UIDAI (Aadhar Card) to cross-check those without voter IDs but possessing valid Aadhar details.
- Expand Postal Ballot System: Allow PwDs, senior citizens over 65, pregnant women, and hospitalized patients to register for postal ballots if they are unable to attend polling stations.
- Accessible Voting Options: Introduce provisions for online voting for PwDs, senior citizens, and others unable to visit polling booths. Ensure that those in need of high-care services or wheelchair access are provided accessible voting booths.
- Home Voting for Vulnerable Groups: Extend voting facilities for PwDs, senior citizens over 65, and others requiring special accommodations to vote from home using postal ballots or online systems.
- Special Provisions for Pregnant Women and Hospitalized Patients: Allow pregnant women, hospitalized patients, and people on life support or high-care treatment to vote from home or by postal ballot.
- Privacy and Secrecy of Postal Ballots: Ensure that postal ballots and online voting systems maintain strict confidentiality and prevent any manipulation.
- Cross-Check Voter Eligibility: Implement a cross-checking mechanism through UIDAI to identify citizens who are eligible but may not have voter IDs, ensuring all eligible voters are included.
- Awareness Campaigns: Launch awareness campaigns, especially targeting marginalized groups, to inform them about the new voting facilities and registration procedures.
- Infrastructure Upgrades: Ensure that polling stations are equipped with all necessary infrastructure for PwDs, including ramps, sign language interpreters, and accessible voting machines.
Suggestions & Recommendations
We strongly recommend the following:
- Accessibility Audit: Conduct an audit of all polling stations to ensure they meet the accessibility needs of PwDs, senior citizens, and other vulnerable groups.
- Amendment of Laws: Amend the Representation of the People Act to include mandatory accessibility provisions and penalties for non-compliance.
- Independent Monitoring Body: Establish an independent body to oversee the implementation of these accessibility measures and provide continuous feedback.
- A National Database: Create a centralized database that links Aadhar IDs to voting eligibility and ensures that all PwDs and senior citizens are able to register and vote smoothly.
Conclusion
We sincerely urge that the Election Commission of India and all relevant authorities take immediate action to implement these measures before the 2025 elections, ensuring an inclusive and accessible election process for all citizens of India. We look forward to your swift action on these critical issues, as they directly affect the fundamental rights of vulnerable citizens to participate in democratic processes.
Thank you for your attention to this matter.
Sincerely,
Jitendra Kumar Soni
(On behalf of all Divyang citizens of India)
Communication Address:
Jitendra Kumar Soni
( Proud Divyang Member )
Address: 49/19, Rabindra Sarani, Opposite Shanti Niketan Hall and Jalan Variety, Rishra, Hooghly, West Bengal, Pincode-712248
Mobile: ,+91 7439848244
Email: divyangf...@gmail.com
Disclaimer of Liability:
Subject: Charter of Demands for Implementing Barrier-Free Infrastructure and Reasonable Accommodation in Banking Services – Acknowledgment and Urgent Action Required:
To: Team SBI BANK, INDIA
Kind Attention:
MDs & CEOs
Vice Presidents
Chief General Managers
Chief Grievance Redressal Officers
Chief Nodal Officers for Accessibility Complaints
CFOs and General Managers
Head Office and Operation Managers, Branches and ATMs
Heads of Policy, Planning, and Laws
Branch Managers of All Bank Branches Across IndiaOther relevant authorities of all associate financial institutions and other project partners involved with your banking services."
From:
Jitendra Kumar Soni
(Convenor of Divyang Forum 2023 and Proud Divyang Member of India)
Address: 49/19, Rabindra Sarani, Opposite Shanti Niketan Hall and Jalan Variety, Rishra, Hooghly, West Bengal, Pincode-712248
Mobile: 7439848244
Email: divyangf...@gmail.com / sonitwi...@gmail.com
Banking Ombudsman, Reserve Bank of India
Department of Financial Services, Ministry of Finance
Ministry of Social Justice and Empowerment& Other Relevant Authorities
Petition by: On Behalf of persons with disabilities, Customers and Banking Employees on wheelchair, pregnant women, senior citizens with mobility issues, and others directly or indirectly involved with Banking Services
Respected Sir/Madam,
I, Jitendra Kumar Soni, a person with a physical disability and a dedicated advocate for the Divyang community of India, am writing to express my deep concern regarding the ongoing neglect, non-cooperative behavior, and discriminatory attitudes exhibited by the senior management of SBI Bank , India and the relevant responsible authorities towards the Divyang community. Despite numerous communications, we have yet to receive a satisfactory response or resolution to the issues raised on behalf of persons with disabilities, wheelchair users, pregnant women, senior citizens with mobility challenges, and others facing similar obstacles.
It is deeply concerning that some responses to our previous complaints appear to be manipulated or crafted in a manner that provides a superficial impression of compliance while possibly concealing factual inaccuracies. Certain banks have either failed to respond entirely or made sweeping claims of full accessibility across their branches and ATMs, which seem inconsistent with ground realities.
Such crafted responses, if intended to mislead, raise serious concerns about transparency and the intent to comply with the legal requirements under the RPwD Act, 2016. These responses may reflect an attempt to manipulate the narrative to shield the institution from accountability, rather than genuinely addressing the accessibility concerns raised by the Divyang community.
We seek transparency and accountability in all communications, particularly when addressing matters that impact the fundamental rights of persons with disabilities. Any misleading claims or inaccuracies, if left unchecked, risk being inadvertently legitimized through official communications. Therefore, we urge you to conduct a comprehensive accessibility audit across all your branches and service points to verify actual compliance with accessibility standards and ensure that reasonable accommodations are in place for wheelchair users, employees, and all members of the Divyang community.
Such an audit should be conducted in collaboration with disability rights organizations & Accessibility Experts like NILD & NIOH , Kolkata ( India) to ensure accuracy and impartiality, thereby reinforcing your commitment to inclusive and barrier-free banking services for all.
Failure to address these concerns demonstrates a disregard for the rights and dignity of persons with disabilities. This neglect constitutes a clear violation of the Indian Constitution, human rights, civil rights, and the Rights of Persons with Disabilities (RPwD) Act, 2016. Additionally, it contravenes the guidelines and directives issued by the Ministry of Finance, Ministry of Social Justice, Reserve Bank of India, Central and State Governments, and the Hon'ble Supreme Court of India, which mandate accessibility and inclusivity in public services.
The issues raised in my previous communications and complaints must be acknowledged and adequately addressed within a stipulated timeframe with immediate effect :
- Lack of Physical Accessibility: Many bank branches and ATMs lack basic accessibility features such as ramps with side railings, and accessible toilets.
- Inadequate Security Measures: Isolated ATMs pose a significant risk to persons with disabilities, particularly those with visual or hearing impairments.
- Absence of Dedicated Infrastructure: There is a lack of specialized counters for persons with disabilities in branches, making it difficult for them to access banking services.
- Lack of Mandatory Disability Awareness and Sensitivity Training: Branch staff are not adequately trained to interact with persons with disabilities, leading to inaccessible and discriminatory practices.
- Non-Compliance with RBI Guidelines and Accessibility Standards: Banks have failed to comply with RBI & other Relevant Authorities' guidelines and accessibility standards, including the provision of accessible physical ATMs, branches, and online banking services.
"I request that TEAM SBI Bank , india and all other public and private banks, including NBFCs, in India, along with the Reserve Bank of India, the Department of Financial Services, and the Ministry of Social Justice, take immediate action to address the issues raised and provide a detailed response to my demands within 03 business days from the receipt of this letter/email."
Our demands include:
Implementation of Barrier-Free Physical Infrastructure: Ensure that all your bank branches and ATMs are fully accessible by installing:
- Ramps with side railings
- Accessible toilets
- Ergonomic seating arrangements
- Security guards equipped with the latest safety tools at all ATMs
- Low-level, state-of-the-art ATMs at all ATM centers
Current Status of Bank Branches and ATMs:
Please provide a comprehensive report on the current accessibility status of all your bank branches and ATMs. Specifically, confirm whether each branch and ATM is fully equipped with the following:
- Ramps with side railing support
- Accessible toilets
- Other reasonable accommodations for persons with disabilities (PwDs) to ensure their independence and dignity
Accessible Digital Banking Platforms:
- Upgrade Your Bank’s digital platforms by integrating:
- Screen readers and text-to-speech functionalities
- High-contrast interfaces for visually impaired users
- Simplified navigation for ease of use
- Compliance with WCAG and SSAG standards on all websites
- Enhanced digital and security features
- Additional safety features for user protection
Reasonable Accommodation in Services:
- Conduct sensitivity training for all bank staff to ensure respectful and effective interactions with persons with disabilities.
- Establish a dedicated helpdesk at each branch to assist with transactions, accessibility needs, and grievance redressal.
Collaboration with Experts and Advocacy Groups:
- Partner with disability rights organizations and accessibility experts to ensure the adoption of best practices in providing accessible and inclusive banking services.
Employment-Related Demands:
a. Employment Opportunities for Persons with Disabilities (PwDs):
- Establish a dedicated HR team within your Bank to focus on recruiting PwDs.
- Ensure compliance with the mandatory 3% reservation quota for PwDs, as required by the RPwD Act, 2016.
- Organize special recruitment drives and job fairs immediately and annually to ensure appropriate representation of PwDs within your workforce.
b. Current Employment Reports on PwD Employment:
- Provide detailed reports on the current employment status of PwDs within the organization. This should include information on recruitment practices, skill enhancement programs, and the bank's Corporate Social Responsibility (CSR) initiatives focusing on the Divyang community.
c. Job Fair and Vacancy Notices:
- Publicize job vacancies through:
- Government and private employment portals
- Newspapers and social media platforms
- PwD-focused organizations and networks
- In collaboration with State Disability Commissioners’ Offices across India.
d. Career Development and Skill Enhancement for PwDs:
- Offer specialized training programs to enhance the professional skills of PwD employees.
- Create mentorship opportunities for professional growth and career advancement for PwD staff members.
Inclusive Work Environment:
- Ensure accessible workplace infrastructure, including:
- Wheelchair-friendly workspaces
- Assistive devices and tools as needed
- Foster a culture of inclusivity by celebrating International Day of Persons with Disabilities and other similar initiatives.
Mandate for Divyang Community Upliftment:
- Integrate all the aforementioned Divyang community service-related initiatives into your Annual General Meeting (AGM), budget discussions, renovation/modification plans, new branch openings, and other extraordinary meetings. Additionally, issue a reminder notice to all Regional Circle/Office Heads and relevant authorities to ensure these measures are prioritized and implemented effectively. This should be treated as part of your mandatory social responsibility to uplift the Divyang community, in compliance with applicable laws and to demonstrate your commitment to inclusivity.
Enforcement Clauses for All Project Partners:
Non-Discrimination and Inclusion Policy:
Ensure that no person with disabilities (PwD) faces discrimination or exclusion in any aspect of the project, whether it pertains to employment, services, or participation.Access Audits and Monitoring:
Conduct regular access audits to assess and verify compliance with established accessibility standards, ensuring the continued inclusivity of all project components.Time-Bound Implementation:
Accessible infrastructure and accommodations must be fully implemented within a defined timeframe, as agreed upon with the funding agency, to ensure timely and effective accessibility for all stakeholders involved.- Penalties for Non-Compliance:
Project partners found guilty of non-compliance with accessibility and inclusivity standards must be subject to penalties, and will be required to rectify the issues within a specified timeframe. Failure to comply may result in further actions, including but not limited to suspension or termination of the project partnership.- Monitoring and Evaluation:
Introduce specific indicators within the project monitoring frameworks to track progress on accessibility and inclusivity throughout the entire project lifecycle. Regular assessments should be conducted to ensure alignment with the established standards and immediate corrective measures must be taken if any discrepancies are identified.Conclusion and Disclaimer:
This letter/email serves as an urgent complaint petition for a barrier-free, inclusive banking experience. The purpose of this communication is to foster dialogue and encourage compliance with the legal and regulatory frameworks in India. No harm or defamation is intended toward any individual, organization, or institution.
Additionally, this serves as a reminder of prior information regarding violations and disobedience:
Neglect constitutes a violation of Indian Constitutional laws, human rights, civil rights, as well as the Rights of Persons with Disabilities (RPwD) Act, 2016. It also contradicts the guidelines and directions issued by the Ministry of Finance, Ministry of Social Justice, the Reserve Bank of India, the Central and State Governments, and the Hon'ble Supreme Court of India concerning accessibility and inclusivity in public services.
I look forward to your prompt response and a detailed action plan, prioritizing these issues as part of your social responsibility and service-oriented commitment.
Yours sincerely,
Jitendra Kumar Soni
Proud Divyang Member
Convenor, Divyang Forum
Advocate for persons with disabilities, wheelchair users, pregnant women, senior citizens with mobility challenges, and others.
Mobile: 7439848244Note:
Resources info: Hon. Supreme Court Guidelines / Order