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Chapter I Vision, Mission, Objectives and Functions

Vision To build a society wherein members of the target groups of the Ministry, namely Scheduled Castes (SCs), Other Backward Classes (OBCs), Persons with Disabilities (PwDs), Senior Citizens & Victims of Substance Abuse can lead productive, safe and dignified lives, with all their basic needs being fulfilled, and where equal opportunities are ensured for the growth and development for SCs, OBCs and PwDs, and adequate support and opportunities are ensured for Senior citizens and victims of substance abuse.

Mission The Mission of the Ministry of Social Justice and Empowerment is to empower its target groups, namely, (i) Scheduled Castes, (ii) Backward Classes, (iii) Persons with disabilities, (iv) Senior citizens and (v) Victims of alcoholism and substance abuse through programmes for educational, economic and social development and rehabilitation as appropriate.

Objectives

Objectives of the Ministry are:

1. Educational and Economic Development and Social Empowerment of

Scheduled Castes (SCs)

2. Educational and Economic Development and Social Empowerment of Other Backward Classes (OBCs)

3. Rehabilitation, Educational and Economic Development and Social

Empowerment of Persons with Disabilities

4. Support to Senior Citizens by way of their Maintenance, Welfare, Security, Health Care and Productive and independent living

5. Rehabilitation, through ‘whole person recovery’ approach , of victims of

substance abuse

6. Review of working of schemes with more than Rs 100 crore outlay during 2009-10, and conveying its outcome to States/UTs

7. Improving Internal Efficiency /Responsiveness/Service Delivery of Ministry

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8. Ensuring Compliance to the Financial Accounting Framework

Functions

Towards the furtherance of the vision, mission and objectives, the major functions of the Ministry include:

1. Development/updating of policy and legislation relating to the sector at the

national level.

2. Overseeing of the implementation of the following existing laws & policies: Laws:

o Protection of Civil Rights Act, 1955 o The Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act,

1989 o Persons with Disabilities (Equal Opportunities, Protection of Rights and

Full Participation) Act, 1995 o Rehabilitation Council of India Act, 1992 o National Trust for the Welfare of Persons with Autism, Cerebral Palsy

Mental Retardation & Multiple Disabilities Act, 1999 o Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Policies:

o National Policy for Older Persons, 1999 o National Policy for Persons with Disability, 2006

3. Financial assistance to State Government, NGOs and other implementation agencies for programmes meant for the Ministry's target groups.

4. Provision of concessional loans (and in appropriate cases, subsidy) to members of target groups for income generating activities through National Finance & Development Corporations under the Ministry, namely, National Scheduled Castes Finance and Development Corporation, National Safai Karmacharis Finance and Development Corporation; National Backward Classes Finance and Development Corporation and National Handicapped Finance and Development Corporation.

5. Provision of rehabilitation services to and development of rehabilitation professionals for PwDs through National Institutes.

6. Generating awareness regarding the rights of the vulnerable sections and the programmes being implemented for their empowerment

7. To act as a Nodal Agency for the development of the target groups of the Ministry.

Scheduled Caste Development

Through State Governments

Special Central Assistance for Scheduled Castes Component Plan Post-matric Scholarship for SC students

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Pre-matric Scholarship for children of those engaged in unclean occupations Hostels for boys and girls belonging to SCs Up gradation of merit for SC students Assistance for implementation of (i) Protection of Civil Rights Act and (ii) SC &

STs (Prevention of Atrocities) Act in so far as they relate to SCs Central Sector Scholarship Scheme of Top Class Education for SC students. Self Employment Scheme for Rehabilitation of Manual Scavengers (SRMS)

provides for training, concessional loans and capital subsidy for rehabilitation of manual scavengers and their dependents.

Directly or Through Autonomous Central Organizations

Rajiv Gandhi National Fellowship – provides for scholarships on the UGC

pattern to the Scheduled Castes Students for pursuing M Phil & PhD studies. The Scheme is being implemented by UGC.

Dr. Ambedkar Foundation - provides one-time cash awards to meritorious students of Scheduled Castes at class X level.

National Overseas Scholarships for SC students (assistance to meritorious students for pursuing higher studies abroad in specified fields of Engineering, Technology and Science)

National Award for outstanding fieldwork in eradicating untouchability and combating offences of atrocities against Scheduled Castes.

Through NGOs

Assistance to Voluntary Organizations working for the development of SCs

Development of Other Backward Classes Through State Governments

Pre-matric scholarships for OBCs Post-matric scholarships for OBCs Hostels for OBC boys and girls

Through NGOs

Assistance to Voluntary Organizations for welfare of OBCs Empowerment of Persons with Disabilities Through Autonomous Central Institutions or other Institutions

Implementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995

Provision of Rehabilitation Services and Development of Rehabilitation Professions for PWDs through :

1. Pandit Deendayal Upadhyaya Institute of Physically Handicapped (IPH), New Delhi

2. National Institute of Visually Handicapped (NIVH), Dehradun 3. National Institute of Mentally Handicapped (NIMH), Secunderabad

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4. Swami Vivekanand National Institute of Rehabilitation, Training and Research (NIRTAR), Cuttack

5. Ali Yavar Jung National Institute of Hearing Handicapped (NIHH), Mumbai

6. National Institute of Orthopedically Handicapped (NIOH), Kolkata 7. National Institute for Empowerment of Persons with Multiple Disabilities

(NIEPMD), Chennai 8. Composite Regional Centres 9. District Disability Rehabilitation Centres (DDRCs)

Through NGOs

Deen Dayal Disabled Rehabilitation Scheme (DDRS)

Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP)

Social Defence Through NGOs

Integrated Programme for Older Persons (IPOP) Scheme for Prevention of Alcoholism and Substance (Drugs) Abuse

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Chapter II

Scheduled Caste Development

1. Introduction

In pursuance to the Directive Principle of State Policy enshrined in Art.46 of the Constitution, this Ministry has been, inter-alia, mandated, as per the Allocation of Business Rules to formulate and implement various Schemes for the educational and economic development and social empowerment of the SCs. 1.1. Definition of Target Group

“Scheduled Castes” are defined to mean “castes, races or parts of or groups within castes, races or tribes”, which the president, by notification, “specifies” to be Scheduled Castes in relation to a State or Union Territory [Art. 366(24) of the Constitution]. 1.2. Existing Vision, Mission, Objectives and Targets

Vision

To build a society wherein members of the target group of the Ministry namely Scheduled Castes (SCs) can lead productive, safe and dignified lives, with all their basic needs being fulfilled, and where equal opportunities are ensured for their growth and development.

Mission

The Mission of the Ministry of Social Justice and Empowerment is to empower its target group, namely, Scheduled Castes through programmes for their educational, economic and social development.

Objectives

Educational & Economic Development and Social Empowerment of Scheduled Castes (SCs)

1.3. Existing Plan/Mechanism for Action

Educational Development of SCs through:

Post-Matric Scholarship for eligible SC Students for pursuing recognised post matriculation courses in recognised institutions in India.

Pre-Matric Scholarships for the Children of those Engaged in Unclean Occupations to enable the children of those engaged in unclean occupations to pursue pre-matric education.

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Babu Jagjivan Ram Chhatrawas Yojana under which financial assistance is provided to the State Governments/U.T Administrations, Central and State Universities/Institutions and NGOs for construction and expansion of hostels to enable and encourage students belonging to Scheduled Castes hailing from rural and remote areas to attain quality education and also to reduce the drop-out rates of Scheduled Caste girls.

Upgradation of Merit of SC Students to provide remedial and special coaching to Scheduled Caste students studying in Class IX to XII for inter alia preparing them for, inter alia, competitive examination for entry into professional courses like Engineering and Medical.

Free Coaching for SC and OBC Students to provide free and qualitative coaching to Scheduled Caste students.

Scholarship Scheme for Top Class Education to provide an added incentive to Scheduled Caste students who secure admission in one of the listed Institutes of excellence beyond 12th class for promoting quality education by providing full financial support to avail to "top class education" opportunities.

Rajiv Gandhi National Fellowship to provide scholarship to Scheduled Caste students to pursue higher education leading to M.Phil and Ph.D

National Overseas Scholarships to provide financial assistance to Scheduled Caste students etc. for pursuing higher studies abroad in specified fields of Master level courses and Ph.D in the field of Engineering, Technology and Science

Economic Development of SC families through:

Special Central Assistance to State Governments under Scheduled Caste Sub Plan as an additive to their Special Component Plan for Scheduled Castes to give a thrust to family oriented schemes of economic development of SCs below the poverty line, by providing resources for filling the critical gaps and for providing missing vital inputs so that the schemes can be more meaningful.

Self Employment Scheme for Rehabilitation of Manual Scavengers to rehabilitate remaining Manual Scavengers and their dependents in a time-bound manner.

Scheme of Grant in Aid to Voluntary Organisations working for Scheduled Castes to improve their educational and socio-economic conditions with a view to upgrade skill to enable them to start income generating activities on their own or get gainfully employed in some sector or the other.

Integrated development of SCs through

PRADHAN MANTRI ADARSH GRAM YOJANA (PMAGY) to provide financial assistance to State Governments on Pilot basis for integrated development of 1,000 villages in the country, each with more than 50% Scheduled Castes (SC) population.

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National Scheduled Castes Finance & Development Corporation

(NSFDC) which finance income generating activities of SC beneficiaries living below double the poverty line limits (presently Rs.40, 000/- p.a. for Rural Areas and Rs.55, 000/- p.a. for Urban Areas) by way of loans & advances, Skill Training, Entrepreneurship Development Programmes and Providing Marketing Support through State Channelising Agencies (SCAs).

National Safai Karamcharis Finance & Development Corporation (NSKFDC) to assist Safai Karamcharis/Scavengers and their dependents for their all round socio-economic upliftment and to extend concessional financial assistance to the beneficiaries for establishment of income generating projects through the State Channelising Agencies (SCAs)

Assistance to Scheduled Castes Development Corporations (SCDCs) to release Share Capital contribution to the State Scheduled Castes Development Corporations (SCDCs) (in the ratio of 49:51 between Central

Government and State Governments) which are working for the economic development of Scheduled Castes.

Social Empowerment of Scheduled Castes through

Effective Implementation of Protection of Civil Rights Act 1955 and the SCs and STs (Prevention of Atrocities) Act 1989 by providing Central assistance to State Governments on a 50:50 basis (100% to the UTs) for the measures undertaken/proposed by them.

Constitutional Safeguards to SCs through

National Commission for Scheduled Castes, which monitor the safeguards provided for Scheduled Castes and also review issues concerning their welfare (Art.338 of the Constitution)

National Commission for Safai Karamcharis, which study, monitor and evaluate the implementation of the programmes and schemes relating to the social and economic rehabilitation of safari karamcharis and make recommendations to the Central Government for better coordination and implementation of schemes/programmes particularly the National Scheme of Liberation and Rehabilitation of Scavengers and their Dependents

2. Vision, Mission, Goals, Objectives: Proposed for 2011-16

2.1. Need for Change: Challenges being faced

Reducing the gap in literacy, enrolment and retention of SC students’ vis-

à-vis the general population.

Monitoring and effective implementation of SCSP by central Ministries & State Government and eradication of manual scavenging and rehabilitation of all scavengers and their dependents.

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Effective implementation of the provisions of the PCR & POA Acts including timely action by State Governments, proper investigation of cases and greater percentage of convictions.

To ensure greater participation of the SCs in employment in Group A services and in other jobs through effective coaching.

Automation of work processes in important identified areas, in phases along with Business process reengineering to weed out the redundant procedures.

Intensive and periodic communication with all the stakeholders and grantee organisations through faster means of communication like e-mail etc.

2.2. Consultation with Stakeholders

The Statutory Bodies/corporations and other subordinate offices as well as the Bureau and other stakeholders from the non Govt. sector have been consulted/involved in formulating the Strategic Plan for the development of the Scheduled Castes.

2.3. Revamped Vision

To build a society, through conscious and collaborative efforts of government

and non-government actors, wherein members of the Scheduled Castes can:-

i) Lead productive, safe and dignified lives, and to ensure that basis needs are fulfilled;

ii) Join the mainstream of National life through raising various socio-economic indicators concerning them to, at least, the level of general population, and where equal opportunities are ensured for their growth & development.

2.4. Revised Mission – Long Term Outcome Goals

To empower and mainstream members of the Scheduled Castes by - Providing education (including Pre-matric and Higher education) for all

eligible SCs. - Providing Employment/self-employment opportunities for economic

development. - Ensuring harmonious Social integration.

2.5. Revised Objectives

Ensuring their educational development through revision of existing

scholarship schemes so as to enhance coverage of beneficiaries. Social empowerment through awareness generation programmes and effective

implementation of Schemes/Programmes as well as the PCR and PoA Acts and rules made there under.

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Ensuring economic empowerment of SCs through and innovative and effective

revision of the SCSP and monitoring its implementation. Ensuring hat funds are allocated and utilized for the purpose meant.

All 1252 Block with more than 25% SC population to have at least one hostel each for SC boys and Girls under Babu Jagjivan Ram Chhatrawas Yojana.

Concessional loans will be provided to all eligible SC and Safai Karamchari beneficiaries for self employment projects through NSFDC and NSKFDC respectively.

A suitable marketing strategy needs to be worked out on the lines of

TRIFED to market the products manufactured by small artisans belonging to SCs/OBCs/Disabled persons

Preparation of Skill-Gap analysis for SCs and initiate the skill development

programmes to cover the targeted population in the phased manner

Upward revision of income ceiling and various entitlements of targeted group in various schemes commensurate with revision in consumer price index.

2.6. Strategic Focus Areas – Core functions

Educational Development: Ensuring their educational development through

o Revision of existing scholarship schemes and/or initiating new schemes (e.g. schemes for pre-Matric Scholarship) so as to enhance coverage of beneficiaries and to reduce the drop out of SC students at various levels

o Ensuring that all 1252 Block with more than 25% SC population to have at least one hostel each for SC boys and Girls under BJRCY

Social empowerment through awareness generation programmes and effective implementation of Schemes/Programmes as well as the PCR and PoA Acts and rules made there under.

Ensuring economic empowerment of SCs through

o Innovative and effective revision of the SCSP and monitoring its implementation.

o Concessional loans to all eligible SC and Safai Karamchari beneficiaries for self employment projects through NSFDC and NSKFDC respectively

o Strengthening NSFDC and NSKFDC, through increasing the authorized share capital.

o Devising a suitable marketing strategy on the lines of TRIFED to (i) market the products manufactured by small artisans belonging to SCs/OBCs/Disables artisans (ii) to develop the design and product

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line for their products and (iii) to provide them technical training for upgrading their skills in their respective areas.

o Preparation of Skill-Gap analysis for SCs and initiate the skill development programmes to cover the targeted population in the phased manner

Effective implementation of SCSP strategy through proper monitoring and co-ordination.

Expansion of PMAGY to cover in phased manner the Sc-dominated villages throughout the country

Improving capacity building at the Centre and to request the States for similar action at the state/district and/or at lower levels.

Generating awareness and sensitizing the officials involved in implementing the SC related programmes about the needs and requirements of the

community.

3. Assessment of Current Situation (SWOT) Analysis

3.1. Overview of the Sector and Identification of Gaps vis-a-vis the Goals

The Population of SCs according to the Census 2001 was 16.67 crore which

constituted 16.2% of the total population. Rural-Urban breakup of SC and total population indicates that a higher proportion i.e.79.6% of SCs live in rural areas compared to the all India average of 72.2%.

Despite a large number of initiatives taken by the Govt. for social, economic and

educational development of SCs, they continue to considerably lag behind the general population, as is evident from the comparative statistics on educational and economic development given in table below.

Development Status of SCs vis-à-vis the Overall Population

Indicator(with source of

information and ref. year)

Segment of the

target group

Scheduled

Castes

All

I. Educational

Development

Literacy Rate

(Census, 2001)

54.7 64.84

Gross Enrollment Ratio (Selected Educational Statistics,

MHRD, 2007-08)

For Higher Education MHRD

2006-07)

Class 1-VIII

Class IX-XII

Higher

Education.

106.85

39.02

9.35

100.46

45.49

12.4

Dropout Rate (Selected Educational Statistics,

MHRD, 2007-08)

Class I-V Class I-VIII

Class I-X

31.85 52.62

68.13

25.55 43.03

56.81

III. Economic

Development

Incidence of Poverty

(Planning Commission, 2004-05)

Rural

Urban

36.8

39.9

28.3

25.7

Percentage of landlessness in

rural Areas (NSSO, 2004-05)

78.0 57.0*

Average size per operational 0.91 1.4

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Indicator(with source of

information and ref. year)

Segment of the

target group

Scheduled

Castes

All

holding (hectares) (Agri. Census,

1995-96)

* Non-SC/ST

Comparative information on other parameters also indicates wide variations in the development status of SCs. Data on female literacy rates for SCs show that the literacy rates of six (6) States are still below the national level. These states (arranged in descending order) are: Karnataka, Orissa, Rajasthan, Uttar Pradesh, Jharkhand and Bihar.

Data on Gross Enrolment Ratio (GER) indicates that (i) 12 states have a GER

ratio below the national level for boys and 7 States for girls in the age group of 6 to 13 years, (ii) 13 states have a GER ratio below the national level for boys and 9 states for

girls in the age group 14 to 17 years, (iii) 16 states have a GER ratio below the national level for boys and 12 states for girls in the age group of 18-24 years. The States of Bihar and West Bengal have a lower GER ratio than the national level in all the above mentioned three age groups.

Data on Dropout rates indicate that 8 States have a higher dropout rate for

girls in the Classes I to V. Data on population below poverty line shows that the percentage reduction

has been higher for SC population for both rural and urban areas as compared to all categories at the All India level 2004-05.

3.2. External (Macro & Micro) Factors Impacting Outcome

A large % of SC population living below the poverty line belongs to rural areas.

There is a lack of access to educational, health, vocational training, employment

and self employment opportunities and institutional credit.

Existing social bias arising out of untouchability and other factors.

Atrocities against SCs, poor conviction rate, high acquittal rate and high

pendency of cases.

High level of illiteracy especially amongst girls/women and lack of access to

information regarding Schemes meant for their benefit.

Ineffective implementation of strategy of Scheduled Caste Sub Plan (SCSP).

3.3. Stakeholders Analysis

The Central Ministries/Departments implementing SC related schemes/programmes; State Governments/U.T Administrations; NGOs, Central/State Universities, Institutes/Academicians/Activists working for the welfare and development of SCs, National and State Scheduled Caste Corporations and concerned Autonomous Bodies under the aegis of Ministry of Social Justice and Empowerment.

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Approximately 80% of central assistance is routed through State Governments; 8% through NGOs and 3% through other institutions such as apex corporations and remaining 9% through other Ministries (e.g. MEA) and autonomous institutions such as UGC and educational institutions of excellence etc.

3.4. SWOT Analysis

3.4.1 Existing Legal, Policy, and Organizational Framework

Some important Constitutional provisions pertaining to the Scheduled Castes

are given below:- (i) Specification of a Caste as a Scheduled Caste as also modification, inclusion in and exclusion from the list of Scheduled Castes provided in Article 341 of the Constitution. (ii) Definition of “Scheduled Caste”: provided in Article 366 (24) of the Constitution, as - “such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purpose of the Constitution.” (iii) Social Safeguards: Article 17 of the Constitution abolishes untouchability, forbids its practice in any form, and declares enforcement of any disability arising out of “untouchability” to be an offence punishable in accordance with Law. (iv) Educational and Public Employment-related Safeguards: The following articles of the Constitution enable reservation for Scheduled Castes in admission to Educational Institutions and in public employment:

a) Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

b) Article 16 - Equality of opportunity in matters of public employment (v) Political Safeguards: The following articles provide for reservation of seats for Scheduled Castes in elections to various bodies:

a) Article 330 - Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

b) Article 332 - Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

c) Article 243D - Reservation of seats in Panchayati Raj Institutions d) Article 243T - Reservation of seats in Municipalities

(vi) Agency for monitoring safeguards: Article 338 provides for Constitution of a National Commission for Scheduled Castes (NCSC), to, inter-alia, “investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes” in the Constitution, any law, or order of the Government, and “to evaluate the working of such safeguards”. Further, as per clause (9) of this Article, “the Union and every State

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Government shall consult the Commission on all major policy matters affecting the Scheduled Castes.” (vii) The following two Acts specifically aim at curbing (i) untouchability and (ii) atrocities against SCs and STs, and are therefore very important for the Scheduled Castes:-

1. The Protection of Civil Rights Act, 1955, and

2. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Protection of Civil Rights Act, 1955:

In pursuance of Article 17 of the Constitution of India, the Untouchability (Offences) Act, 1955 was enacted and notified on 08.05.1955. Subsequently, it was amended and renamed in the year 1976 as the “Protection of Civil Rights Act, 1955”. Rules under this Act, viz. “The Protection of Civil Rights Rules, 1977” were notified in 1977. The Act extends to the whole of India and provides punishment for the practice of untouchability. It is implemented by the respective State Governments and Union Territory Administrations.

(1) Offences under the Act: Sections 3 - 7A of the Act define the following as offences if committed on the ground of “untouchability”, and lay down punishment for them:

Prevention from entering public worship places, using sacred water resources (Section 3).

Denial of access to any shop, public restaurant, hotel, public entertainment, cremation ground etc. (Section 4).

Refusal of admission to any hospital, dispensary, educational institutions etc. (Section 5).

Refusal to sell goods and render services (Section 6).

Molestation, causing injury, insult etc. (Section 7).

Compelling a person on the ground of untouchability to do any scavenging or sweeping or to remove any carcass etc. (Section 7 A).

(2) Punishments under the Act: Sections 8-11 of the Act contain certain preventive/deterrent provisions, which are as follows:-

Cancellation or suspension of licenses on conviction (Section 8).

Resumption or suspension of grants made by Government (Section 9).

Punishment for wilful neglect of investigation by a public servant (Section 10).

Power of State Government to impose collective fine. (Section 10A).

Enhanced penalty on subsequent conviction (Section 11)

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(3) Structure and Mechanisms for implementation of the PCR Act in

various States/UTs is as under:-

The Act provides for (i) Legal Aid, (ii) Special Courts, (iii) Committees to assist State Governments for implementation of the Act, and (iv) special police stations. Details are given below:

(i) Legal Aid

Section 15A(2)(i) of the Protection of Civil Rights Act, 1955, provides for adequate facilities, including legal aid to the persons subjected to any disability arising out of ‘untouchability’ to enable them to avail themselves of such rights

(ii) Special Courts

Section 15A(2)(iii) of the Protection of Civil Rights Act, 1955, provides for

setting up of special courts for trial of offences under the Act. In Andhra Pradesh, 22 Mobile Courts are functioning in 22 districts, to conduct trial of offences under the Act.

(iii) Committees to assist State Governments for implementation of the Act

Section 15A (2)(iv) of the Protection of Civil Rights Act, 1955, provides for setting up of Committees at such appropriate levels as the State Governments may think fit to assist them in formulating or implementing measures as may be necessary for ensuring that the rights arising from the abolition of “untouchability” are made available to, and are availed of by, the persons subjected to any disability arising out of “untouchability”. The State and District Level Vigilance and Monitoring Committees, which review the implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, wherever required also, review the Protection of Civil Rights Act, 1955

(iv) Special Police Stations

Special Police Stations for registration of complaints of offences against SCs and STs have been set up. The Central assistance is provided to the States to the extent of 50% of the expenditure incurred by them on the police stations over and above their committed liability.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the POA Act) came into force with effect from 30.01.1990. This legislation aims at preventing commission of offences by persons other than Scheduled Castes and Scheduled Tribes against Scheduled Castes and Scheduled Tribes. Comprehensive Rules under this Act, titled “Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995” were notified in the year 1995, which, inter-alia, provide norms for relief and rehabilitation. The Act extends to whole of India except Jammu and Kashmir. The Act is implemented by the respective State Governments and Union Territory Administrations, which are provided due central assistance under the Centrally Sponsored Scheme for effective implementation of the provisions of the Act.

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A. Main provisions of the Act are as under: -

(i) Defines offences of atrocities and prescribes punishment therefore, (Section 3).

(ii) Punishment for wilful neglect of duties by non-SC/ST public servants (Section 4).

(iii) Designating for each District a Court of Session as a Special Court for speedy trial of offences under the Act (Section 14).

(iv) Powers of Special Court to inter –alia, extern persons likely to commit an offence under Chapter-III (Section 10).

(v) Appointment of Public Prosecutors/Special Public Prosecutors for conducting cases in special courts (Section 15).

(vi) Preventive action to be taken by the law and order machinery (Section 17).

(vii) Measures to be taken by State Governments for effective implementation of the Act, includes: -

(a) Economic and social rehabilitation of victims of the atrocities;

(b) Setting up of Committees at appropriate levels;

(c) Identification of atrocity prone areas;

(d) Legal aid to the persons subjected to atrocities to enable them to avail themselves of justice;

(e) Appointment of officers for initiating or exercising supervision over prosecution for contravention of the provisions of the Act; and

(f) Periodic survey of the working of the provisions of the Act (Section 21 (2).

3.4.2 Strengths of the Existing Framework

Strong legal framework with comprehensive provisions for protection of rights of Scheduled Castes.

Effective policies for reservation of seats in Parliament, Legislative Assemblies, Local Bodies and Panchayats, reservation in admission to educational institutions and employment in the government sector.

A constitutional body [National Commission for SCs] to monitor the safeguards provided to SCs.

3.4.3 Weaknesses in the existing framework

Legislation- Amendment required to POA Acts and Rules.

Inadequacy of Resources – financial and human

i) Inadequate financial resources have been adversely affecting the sector.

For instance, rates of Scholarship under the Post Matric Scholarship Scheme could not be revised during the last seven years basically

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due to non-availability of sufficient funds. A long term financial commitment based on a realistically assessed need of the Sector is essential, in view of the SCSP guidelines of Planning Commission. The process for formulation of new schemes/revision of existing schemes also needs to be streamlined, to avoid undue delays.

ii) It has not been possible to implement a full fledged pre-matric

scholarship scheme for SC students which are vital to ensure enrolment and retention at primary and secondary level.

iii) About 75% of the budget of the Ministry is allocated for schemes in the SC sector. Given the large volume of work which involves operationalisation of the 18 existing Centrally-sponsored/Central Sector Schemes, ongoing conceptualisation and formulation of new schemes/revision of existing schemes, Parliament related work and

miscellaneous work including, RTI etc. puts too much pressure on the already deficient manpower available with the bureau both in terms of quantity and quality. An immediate review and strengthening of the manpower base of the bureau is therefore required, along with an additional Joint Secretary to exclusively monitor the implementation of SCSP, SCA to SCSP etc.

Insufficient/Deficient database

A comprehensive, state-wise Desirable database is not available which

poses severe limitations in effective and timely implementation of the Schemes and monitoring their progress. For instance, no database is available in respect of the following: - i) Institution-wise details of SC beneficiaries in receipt of Scholarships

under concerned Centrally sponsored Scholarship Schemes; ii) Range of fees being paid to Private. Institutions; iii) Geographical/District-wise Disbursement pattern of funds under the

Scheme of SCA to SCSP and other Schemes for economic development; iv) Database of existing SC hostels across the States etc. v) The impact of schemes such as SCA to SCSP in enabling the

beneficiaries to cross the poverty line.

Constraints imposed by existing Systems, Processes

In the entire chain of budget formulation, distribution of allocated funds notionally across the States, inviting the proposals, receiving and examining

the proposals, releasing the funds & monitoring thereof, multiple agencies/stakeholders are involved. Following constraints are quite noticeable: - Delays on the part of external Agencies in sending proposals; - Delays or lack of transparency in processing proposals for release of funds

within the Ministry.

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Lack of adequate infrastructure

(i) Manual flow of information, data and documents due to lack of use of IT

infrastructure i.e. Local Area Network (LAN). (ii) Inadequate space for Staff/Officers (iii) Lack of field infrastructure to monitor utilisation of funds and timely

disbursement of scholarship/beneficiaries.

Mechanism of delivery of services

(i) Manual system. Computerisation is yet to be done by the Ministry and

many State Governments. (ii) Through State Governments for centrally sponsored schemes and NGOs

for grant-in-aid for projects.

Internal Control and Monitoring Systems

Review meetings including expenditure targets. Quarterly/periodic progress reports. Evaluation studies

3.4.4. Opportunities and Threats – emerging both from the internal and

external factors Opportunities:

Higher budgetary allocation to the sector during 2010-11 and presuming that

the trend would continue, would enable us to initiate new schemes for the development of SCs and to enlarge the scope of the ongoing schemes/programmes

Possibility of additional allocation to SC sector in future years in view of review of SCSP guidelines by the Planning Commission

The commencement of XII five year Plan would provide an opportunity to review all programmes of SC Sector and possibly to introduce the new ones in the areas not covered so far viz. Scholarship for pre-matric SC students.

Computerisation of disbursement of Scholarship by several States; making the service delivery in this important area more accurate, timely and transparent.

New ideas likely to emerge for improving the delivery of services through utilization of AADHAR numbers and deliberations of sectoral Innovation Council proposed to be set up for SC/OBC sectors

Threats:

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Huge demand for services due to increasing awareness of the target groups vis-a-vis Non-availability of adequate plan funds

Inability to reach all the targeted beneficiaries due to inadequacy of resources within the given time frame.

Poor identification of beneficiaries especially under income generating activities assisted through Ministry’s Schemes.

Inadequate capacity of the State governments and other agencies for implementation of the Schemes in SC sector.

Institutional constraints in improving the delivery of services

4. Strategy to achieve the proposed Goals

4.1. Breakdown of Objective(s)/into Sub-objectives

Fixation of targets (Physical/financial) under each and every Scheme with a

view to raise the socio-economic indicators in respect of SCs though:

(i) Meticulous planning.

(ii) Conceptualisation of schemes.

(iii) Identifying the appropriate implementing agencies.

(iv) Assessment of fund requirements.

(v) Rigorous implementation.

(vi) Effective monitoring.

(vii) Effective co-ordination.

4.2. Proposed Roadmap- Prioritized Policy Options and Key

Programmes leading to fulfilment of the core Objective(s)

To work out the additional financial inputs, which would be required through extensive deliberations with various stakeholders.

Effective monitoring over the targets through field visits/regular communication.

4.3. Action Plan, and key performance indicators

Key Performance Indicators

1. Physical/financial progress of the implementation of various Schemes as

against the targets fixed in consultation with the stakeholders.

2. Improvement in the overall socio-economic indicators for the SCs.

4.4. Identification and Sequencing, where possible, of strategic Thrust

Areas, e.g. Adequacy of resources

Institutional structures for implementing the Strategic Plan

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Considered use of ICT

Provision of a conducive working environment

Improvement of service delivery to Target Groups

Effective and improved communication

Institutional capacity building

Internal control and Monitoring Mechanism.

5. Implementation Plan – Framework 5.1. Identification of Deliverables 5.2 Critical Success factors for implementation of Initiatives/

Schemes/Programmes

Co-operation from all the stakeholders

Availability of timely and adequate funds.

Expeditious revision of schemes wherever required/formulation of new Schemes.

6 Monitoring & Review 6.1 Critical Points for Monitoring and Coordination during

Implementation

Formulation of authority cum responsibility centre in the Ministry.

Simplification of procedures

Optimum delegation at all the levels

Rationalisation of reporting system.

6.2 Monitoring & Review Mechanism system.

Intense use of IT.

External: Periodic meetings, regular communications.

Internal: Regular Reporting, higher delegation.

6.3 Concurrent Evaluation of Initiatives/Schemes/Programmes

Internal

External 6.4 Corrective Action-Procedures: Simplification of procedure.

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Chapter III

Other Backward Classes Development

1 Introduction 1.1 Definition of Target Group

Although the term "Backward Classes has not been defined formally in the Constitution, they are referred to as those who are socially and educationally backward, weaker section of the society etc.

1.2 Existing Vision, Mission, Objectives and Goals

Vision

To build a society, wherein members of Other Backward Classes (OBCs) can lead productive, safe and dignified lives, with all their basic needs being fulfilled with adequate opportunities for their growth and development.

Mission

Empower 'Other Backward Classes' (OBC) population in the country through educational, economic and social empowerment and rehabilitation as appropriate.

Objectives

Educational and economic development and social empowerment of Other Backward Classes (OBCs).

Targets

The targets for 2010-11 under various programmes are as under:

To increase the coverage of OBC students under the pre-matric and post-matric scholarship schemes.

Skill development of OBCs for economic empowerment.

Increase the number of seats through augmentation of hostel capacity for OBC students.

1.3 Existing Plan/Mechanism for Action

i) Scholarship Schemes: The schemes of pre-matric and post-matric Scholarship are centrally sponsored schemes implemented through State Governments/ Union Territory Administrations to enable the target groups to complete their education and ensure a level playing field in comparison to

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others. The Post-Matric Scholarship Scheme would be revised to provide scholarship at higher rates and to increase coverage.

ii) Hostels for Boys and Girls is a centrally sponsored scheme implemented through State Governments/ Union Territory Administrations to provide hostel facilities to OBC students studying in Middle/ Higher Secondary Schools, College and Universities for enabling them to pursue higher studies.

iii) Assistance to Voluntary Organisations for welfare of OBCs is a central sector

scheme aimed at promoting voluntary sector and training institutions of repute to improve their skills for income generating activities.

2 Vision, Mission, Goals, Objectives and Goals: 2011-16 The vision, mission, goals and objectives for 2011-16 broadly would be the same as indicated in para 1.2 above.

Strategic Focus Areas – Core functions

i) Coverage of more OBC students under the Scholarship Schemes. ii) Coverage of more OBC students under the Hostel Scheme.

iii) Coverage of more OBC beneficiaries under skill development for self-employment through voluntary organizations.

iv) Focus would also be given on educational, social and economic development of Nomadic & De-notified Tribes and Economically Backward Classes.

3 Assessment of Current Situation 3.1 Overview of the Sector and Identification of Gaps vis-a-vis the goals

As per NSSO report of 2004-05, the percentage of OBCs among the various

social groups of the population is 41.00% out of which 78% lives in rural sector and 22% lives in urban sector.

The targets under the various schemes have been fixed in keeping with the allocation of funds to the OBC sector. The intervention through the schemes is modest as compared to OBC population in the country due to inadequate budget allocation.

3.2 External (Macro & Micro) Factors Impacting Outcome

Lack of data regarding OBCs. There has been no enumeration of OBCs since 1931 census. Hence the total size of the target group is not known.

Provision of adequate funds.

3.3 Stakeholders Analysis

Important stake holders in the implementation of the schemes for the OBC

sector are the State Governments as the funds earmarked to this sector through the

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scholarship and hostel schemes, which constitute the bulk of it, are implemented through the State Governments/ UT administration. The other important stake holders are the representatives of the NGOs/ Civil Society which are running projects for skill development of OBC population for self-employment. The National Backward Classes Finance Development Corporation which provides loans at concessional rates of interest to OBCs and the state channelizing agencies (through whom the funds are routed to beneficiaries] are also important stakeholders.

3.4 SWOT Analysis 3.4.1 Existing Legal, Policy, and Organizational Framework

i) Article 340 of the Constitution deals with Appointment of a Commission to

investigate the conditions of backward classes. A commission so appointed shall investigate the matters referred to it and present to the President a

report setting out the facts as found by it and making such recommendations as it think proper.

ii) Article 15 and 16 of the Constitution enable reservation for Backward Classes in admission to educational institutions and in public employment.

iii) Article 46 of the Constitution mandates the state to promote with special care the educational and economic interests of the weaker sections of the people.

iv) The National Commission for Backward Classes (NCBC) was set up under the NCBC Act, 1993. The Commission examines requests for inclusion of any class of citizen as a Backward Class and hear complaints of over inclusion and under inclusion in the central list of OBCs and render advice to the Government in the matter.

3.4.2 Strengths of the Existing Framework.

1. Article of the Constitution referred to the Para 2.4.1 provide a clear mandate to

the State to improve the educational, economic and social conditions of the Other Backward Classes.

2. The NCBC has been playing an important role in rendering advice to Government on the inclusion/ modification of casts/ Communities in the central list of Other Backward Classes after duly considering requests of Castes/ Communities based on public hearing and furnishing of documents to

it by the interested parties.

3.4.3 Weaknesses in the above existing framework

As already indicated in para 2.1 above, the intervention in this sector is modest

due to in adequate budget allocation. Level of infrastructure for monitoring the projects and coordination with State Governments are also major constraints. Monitoring of schemes is left to the State Governments and at the central level such

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monitoring is done mostly based on statements of expenditure and utilization certificates sent by the State Governments/NGOs and periodic reports.

4. Strategy to achieve the proposed Goals 4.1. A Breakdown of Objective(s)/into Sub-objectives

i) Educational Empowerment.

- Pre-matric and Post-matric Scholarship - Construction of Hostels

ii) Economic Empowerment

- Assistance to Voluntary Organizations working for the OBC Sector for skill development and generation of self employment opportunities.

iii) Educational, Economic and social empowerment of Nomadic and De-notified Tribes and EBCs.

4.2. Proposed Roadmap- Prioritized Policy Options and Key Programmes

leading to fulfilment of the core Objective(s)

- Revision of the pre-matric and post-matric scholarships schemes. - Increasing hostels capacity for OBC students. - Development of a comprehensive scheme for educational, economic and

social empowerment of Nomadic and De-notified Tribes and EBCs. - Economic Empowerment of OBCs through

o Concessional loans to OBC beneficiaries for self employment projects through NBCFDC respectively

o Strengthening of the NBCFDC through augmentation of its authorized share capital.

o Devising a suitable marketing strategy on the lines of TRIFED to (i) market the products manufactured by small artisans belonging to SCs/OBCs/Disables artisans (ii) to develop the design and product line for their products and (iii) to provide them technical training for upgrading their skills in their respective areas.

o Preparation of Skill-Gap analysis for OBCs and initiate the skill development programmes to cover the targeted population in the phased manner

4.3. Action Plan, and key performance indicators

Mobilization of Resources

Efforts would be made to project the sector requirement to the Planning Commission and the Ministry of Finance so that the targets set for the sector are fulfilled.

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Institutional Structure for Implementing the Strategic Plan and their Capacity Building

Stake holders often submit incomplete proposals resulting in delays in sanction of funds. To ensure that complete proposals are submitted on time, stake holders would be requested to initiate capacity building programmes for their staff for preparation of proposals and the need to send them in the beginning of the financial year.

Use of ICT

Through extensive use of ICT and for which the staff would be trained both at the Ministry and stake holder levels, processing of proposals would be made more efficient and transparent. Use of ICT would improve communication between the

Ministry and the stake holders and also ensure better internal control and monitoring.

Key Performance indicators

Release of Central Assistance and the extent of the coverage of beneficiaries under the Schemes

4.4 Identification and Sequencing of strategic Thrust Areas

Scheme Success Indicator

Pre-matric and Post-matric Scholarship for

OBC students.

Release of Central Assistance during the

year and to extend the coverage to

targeted number of students.

Hostels for OBC Boys and Girls Release of Central Assistance during the

year and augmentation of hostels capacity

by targeted number of seats.

Assistance to Voluntary Organizations working for the OBC Sector [Skill development]

Release of GIA during the year and augmentation of beneficiary coverage.

New Scheme for educational, social and

economic development of De-notified and

Nomadic Tribes and Economically Backward

Classes

6 Monitoring & Review

6.1 Critical Points for Monitoring and Coordination during Implementation

1. It needs to be ensured that scholarships under the pre and post-matric

schemes are paid on time through Banks and Post Offices to the students. 2. Target dates for construction of hostels needs to be adhered to.

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3. Statement of expenditure, utilization certificates and audited statements should be sent on time and the beneficiary coverage projected by the States/ NGOs in their proposals should be actually achieved

6.2 Monitoring & Review Mechanism System

A system of periodic monitoring and review mechanism would be put in place for the various schemes

6.3 Concurrent Evaluation of Initiatives/Schemes/Programmes A system of concurrent evaluation is in position wherein independent organizations are requested to undertake studies for evaluation of the scheme in the various states/UTs

6.4 Corrective Action-Procedures The findings of the evaluation studies are examined in consultation with State Government/UTs and corrective action wherever necessary is initiated

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Chapter IV

Disability Development

1 Introduction

1.1 Definition of Target Group The target constitutes all persons with disabilities including women and children with disabilities as defined in the Persons with Disabilities (Equal Opportunities, Protection

of Rights and Full Participation) (PwD) Act, 1995 and National Trust for Welfare of

Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

As per Section 2 (i) of the Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) (PwD) Act, 1995, "Disability" means-

(i) Blindness; (ii) Low vision; (iii) Leprosy-cured; (iv) Hearing impairment; (v) Loco motor disability; (vi) Mental retardation; (vii) Mental illness. As per Section 2(t) of the Act, "person with disability" means a person

suffering from not less than forty per cent of any disability as certified by a medical authority.

The National Trust for Welfare of Persons with Autism, Cerebral Palsy,

Mental Retardation and Multiple Disabilities Act, 1999 deals with the following conditions:

(i) Autism; (ii) Cerebral Palsy; (iii) Mental Retardation; (iv) Multiple Disabilities

1.2 Existing Vision, Mission, Objectives and Goals 2011-16

Vision: To create an enabling environment in the society that provides equal

opportunities for persons with disabilities for utilization of their full potentials and where they enjoy their rights like others.

Mission: To empower the persons with disabilities so that they live a life of dignity and enjoy all rights on equal basis, to ensure their full participation in every sphere of life and to protect them against any discrimination

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Objectives:

(i) To ensure equal opportunities, equity and social Justice and non-discrimination to Persons with disabilities.

(ii) Economic empowerment of PwDs by way of provisions of employment, self employment and skill up gradation.

(iii) Social-psychological and economic rehabilitation. (iv) Prevention and early detection of disables. (v) To provide education to children with disabilities. (vi) To put in place institutions that would ensure implementation of relevant

laws.

1.3 Existing Plan/Mechanism for Action

Statutory Framework

1.3.1 Relevant Constitutional Provisions

Article 41 of Part IV [“Directive Principles of State Policy”] which is particularly relevant with regard to persons with disabilities, reads as follows:

“41. Right to work, to education and to public assistance in certain cases:

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.”

In pursuance of the above provision of the Constitution, several initiatives have been taken by the Government for the welfare and empowerment of persons with disabilities.

“Relief of the disabled and unemployable” figures at S. No. 9 in “List II” (“State List”) in the Seventh Schedule of the Constitution.

There are three Acts being administered by the Ministry governing various aspects of disability, which are as follows:--

(i) Rehabilitation Council of India Act, 1992, (ii) Persons with Disabilities (Equal Opportunities, Protection of Rights and

Full Participation) Act, 1995; and (iii) National Trust for the Welfare of Persons with Autism, Cerebral Palsy,

Mental Retardation and Multiple Disabilities Act, 1999

Some salient details about the above Acts are given below:

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1.3.2 Rehabilitation Council of India Act, 1992

The Rehabilitation Council of India set up under the Act regulates and monitors the training of rehabilitation professionals and personnel, and promotes research in rehabilitation and special education. Its functions are as below:

(i) Determining minimum standards of education (ii) Making recommendations to the Ministry regarding recognition of

qualifications granted by Universities, etc., in India for rehabilitation professionals.

(iii) Making recommendations to the Ministry regarding recognition of

qualification by institutions outside India (iv) Inspection in examinations (v) Registration of rehabilitation professionals/other personnel. (vi) Determining privileges and professional conduct of registered persons.

1.3.3 Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PwD Act)

This is the main Act concerning disability issues in the country. The PwD Act defines "disability" as blindness, low vision, hearing impairment, loco motor disability, mental retardation mental illness, and leprosy-cured. It defines person with disability “as a person suffering from not less than 40% of any disability as certified by a medical authority.” It provides for education, rehabilitation, employment, non-discrimination and social security for persons with disabilities.

1.3.4 The Mental Health Act, 1987: “Mental illness” is one of the disabilities mentioned in the PwD Act. However, treatment and care of mentally ill persons is governed by a separate Act called the ‘Mental Health Act, 1987’, which is administered by the Ministry of Health and Family Welfare.

1.3.5 National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

The Act, provides for Constitution of the National Trust (Section 3 to 9), a body corporate, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name, sue or be sued. The main objects of the

National Trust, as defined under Section 10 are:

to enable and empower persons with disability to live independently and as fully as possible within and as close to their community ;

to extend support to registered organisations (NGOs) to provide need based services;

to evolve procedures for appointment of guardians and trustees for persons with disabilities;

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to facilitate the realization of equal opportunities, protection of rights and full participation of persons with disabilities.

1.3.6 National Policy for Persons with Disabilities, 2006

The National Policy seeks to create an environment that provides equal opportunities, protection of their rights and full participation in society. It is in consonance with the basic principles of equality, freedom, justice and dignity of all individuals that are enshrined in the Constitution of India and implicitly mandate an inclusive society for all, including persons with disabilities. The National Policy recognizes the fact that a majority of persons with disabilities can lead a better quality of life if they have equal opportunities and effective access to rehabilitation measures.

The following mechanism is in place for implementation of the National Policy:

i. The Ministry of Social Justice & Empowerment is the nodal Ministry to coordinate all matters relating to implementation of the Policy.

ii. The Central Coordination Committee, with stakeholder representation, coordinates matters relating to implementation of the National Policy. There is a similar Committee at the State level.

iii. The Ministries of Home Affairs, Health & Family Welfare, Rural Development, Urban Development, Youth Affairs & Sports, Railways, Science & Technology, Statistics & Programme Implementation, Labour, Panchayati Raj and Women & Child Development and Departments of Elementary Education & Literacy, Secondary & Higher Education, Road Transport & Highways, Public Enterprises, Revenue, Information Technology and Personnel & Training are also identified for implementation of the policy.

iv. The Chief Commissioner for Persons with Disabilities at Central level and State Commissioners at the State level play key role in monitoring implementation of the PwD Act.

1.3.8 UN Convention on the Rights of Persons with Disabilities, 2008

The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India signed and ratified came into force on 3.05.2008. The convention casts several obligations on the state parties. Three important obligations arise out of the Convention, namely (a) Implementation of provisions of the UNCRPD, (b) Harmonization of Indian Laws with the UNCRPD, and (c) Preparation of a Country Report by 2010.

All concerned Central Ministries were requested to implement the provisions of the UNCRPD in so far as these relate to them. The need for focus on women and children was also emphasized. The Ministries were also requested to identify statutes and orders that require amendment in the light of the Convention and to initiate the process of amendment.

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All Chief Ministers of States and Administrators of UTs were similarly requested to refer to various obligations under the convention that relates to the State Governments and to implement the same. State Governments/ UTs were also requested to furnish the status report for preparation of Country Report. All other pursuant action in this regard are being taken to fulfill the obligation of UNCRPD.

A road map has been prepared for preparation of the Country Report on UNCRPD.

1.3.9 Statutory Bodies

Chief Commissioner for Persons with Disabilities (CCD)

The Office of the Chief Commissioner for Persons with Disabilities has been set up under Section 57 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and has been mandated to take steps to safeguard the rights and facilities to the persons with disabilities. Based on the complaints filed before him/her, if the provisions of the Persons with Disabilities Act, any rules, bye-laws, regulations, executive orders or instructions are violated or are not implemented, the Chief Commissioner takes up the matters with the concerned authorities. The Act also empowers the Chief Commissioner to issue suo-motu notice of any such non-compliance.

Rule 43 of the Persons with Disabilities Rule, 1996 has been amended so as to incorporate the terms and conditions of service of Chief Commissioner for Persons with Disabilities and their Mode of appointment, which have been so far governed by executive orders

Similarly, State Commissioners for persons with disabilities are appointed by the State Governments.

National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities is a statutory body under the Ministry of Social Justice & Empowerment, Government of India set up under the National Trust for the welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act (Act 44 of 1999), 1999.

The main objective of National Trust is to ensure persons with disabilities to lead independent life with dignity, support and strengthen NGOs and other service providers and appoint legal guardians to take care the needs of persons with disabilities. The major activities of National Trust include training and awareness programmes, capacity building programme & shelter, care giving & empowerment programmes.

Rehabilitation Council of India

The Rehabilitation Council was initially set up under the Societies Registration Act, XXI of 1860 vide Resolution No 22-17/83 HW-III dated 31st July, 1986 and given Statutory Status by an Act of Parliament namely Rehabilitation Council of India Act,

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1992 (No 34 of 1992) dated 1st September, 1992. The Act was amended in 2000. The Council is responsible for regulating and monitoring the training of rehabilitation professionals and personnel, promoting research in rehabilitation and special education.

Schemes

The Ministry is implementing various schemes for empowerment and rehabilitation of persons with disabilities (PwDs). The schemes aim to promote physical, psychological, social, educational and economic rehabilitation and development of persons with disabilities to enhance their quality of life and also enable them to lead a life with dignity.

The major schemes for rehabilitation of persons with disabilities are:

1. Scheme of Assistance to Disabled Persons for Purchase/Fitting of Aids/ Appliances (ADIP)- aims at physical rehabilitation of persons with disabilities through provision of assistive aids and appliances.

2 Deendayal Disabled Rehabilitation Scheme (DDRS)- an umbrella scheme that addresses all aspects of rehabilitation and includes projects covering various services ranging from programmes for pre-school and early intervention to rehabilitation.

3 Scheme for Implementation of Persons with Disabilities Act- under the scheme funds are provided for projects for various activities relating to or arising out of implementation of PwD Act.

4 Scheme of Incentives to Employers in the Private Sector for Providing Employment to Persons with Disabilities- This scheme was launched in 2008-09, under which payment of employer’s contribution to the Employees Provident Fund Organization (EPFO) and the Employees State Insurance Corporation (ESIC) for the first three years, is made by the Government of India, in respect of persons with disability appointed in the private sector on or after1st April, 2008, with monthly emoluments of up to Rs.25,000.

There are schemes to support various organizations of the Ministry that are

involved in different aspects of rehabilitation of persons with disabilities, as given below:

1. Artificial Limbs Manufacturing Cooperation of India (ALIMCO)- Funds are provided to this Corporation for modernization.

2. Rehabilitation Council of India- The Council is provided financial support to perform its functions regarding regulation of training of rehabilitation professionals.

3. National Institutes- Support is provided for activities of seven Institutes (autonomous bodies) for different types of disabilities engaged in human resource development, rehabilitation and research and development.

4. National Handicapped Finance and Development Corporation- Equity support is given to this Corporation. The Corporation provides loans at concessional rates to persons with disabilities for education, skill development and self-employment ventures.

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1.3.11 National Institutes

There are seven National Institutes under this Ministry working in the field of disability. National Institutes are autonomous bodies established for different types of disabilities. These institutes are engaged in Human Resources Development in the field of disability, providing rehabilitation services to the persons with disabilities and Research and Development efforts. The seven National Institutes are as follows:-

(i) Nation Institute for the Visually Handicapped (NIVH), Dehradun

(ii) National Institute for Empowerment of Persons with Multiple Disabilities (NIEPMD), Chennai

(iii) Swami Vivekanand National Institute for the Rehabilitation, Training and Research

(SVNIRTAR), Cuttack

(iv) National Institute for the Hearing Handicapped (NIHH), Mumbai

(v) National Institute for the Mentally Handicapped (NIMH), Secunderabad

(vi) National Institute for the Orthopaedically Handicapped (NIOH), Kolkata

(vii) Pt. Deendayal Upadhyaya Institute for the Physically Handicapped, IPH, New Delhi.

It is proposed to make these 7 National Institutes centers of excellence by upgrading their standards appropriately. A committee has been appointed to study the issues and make recommendations.

As envisaged in the Eleventh Five Year Plan document, it is proposed to address the needs of Persons with Hearing and Speech Impairment so as to facilitate communication and to mainstream this segment. An Indian Sign Language Research and Training Centre is proposed to be established this year. The aim of the ISLRTC will be to promote the use and spread of Indian Sign Language in cooperation with native sign language users through a comprehensive range of activities including research, teaching materials and curriculum development, outreach and awareness programmes.

As envisaged in the XI Plan a National Centre for Universal Design and Barrier-free Environment (NCUDBE) is proposed to be set up. The Ministry has set up a Task Force to work out the details. The Task Force will assess on-going efforts in the area of universal design and barrier-free environment, the need for establishment of a centre and to prepare a project proposal for the same.

1.3.12 Regional and District-level Centres for Persons with Disabilities

Composite Regional Centre (CRC)

Consequent to the enactment of the Persons With Disability Act (PWD),1995 which enjoins upon the government a responsibility for taking up steps for providing an enabling environment for Persons With Disabilities, Scheme of setting up Composite Regional Centres (CRCs) was formulated. The scheme of setting up of

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CRCs is a part of overall strategy to reach out to the persons with disabilities in the country and to facilitate the creation of the required infrastructure and capacity building at Central, State and District levels and below for awareness generation, training of rehabilitation professionals, service delivery etc. It was thought that initiative from the Central Government is necessary by supporting establishment of CRCs in order to speed up the process of establishing rehabilitation services and sharing with the State Government the innovative modal of services developed by National Institutes, Regional Rehabilitation and Training Centres, DDRCs, etc and also to do capacity building, to establish, strengthen and upgrade rehabilitation services to reach unreached disabled population. Centres were proposed to be set up at locations where the existing infrastructure for providing comprehensive services to disabled were inadequate and where such centres are needed the most.

At present, there are six CRCs functioning at Sundernagar, Srinagar, Lucknow, Guwahati, Patna and Bhopal. Two more CRCs are being set up in the financial year.

District Disability Rehabilitation Centres

To facilitate the creation of infrastructure and capacity building at district level for awareness generation, rehabilitation, training and guiding rehabilitation professionals, the Ministry with the active support of the State Governments is providing comprehensive services to the persons with disabilities by way of setting up of District Disability Rehabilitation Centres in all the unserved districts of the country. 197 CRCs have been sanctioned so far. It is proposed to set up another 100 DDRCs, out of which, 50 DDRCs are being set up in 2010-11.

2 Vision, Mission, Goals, Objectives and Goals : 2011-16 2.1 Need for Change: Challenges being Faced United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) came into effect on 03.05.2008. India was one of the first Countries to sign the Convention. The purpose of UNCRPD is to promote, protect and ensure full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. The convention recognizes that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others. It emphasizes the inherent dignity and worth of persons with disabilities and emphasizes upon mainstreaming disability issues as an integral part of relevant strategies of sustainable development. It acknowledges women and children with disabilities as being some of the most vulnerable groups. It recognizes that the discrimination against women is

multiple in nature and needs to be addressed. The convention casts certain obligations on the State parties which includes harmonization of the domestic legal framework with the provisions of UNCRPD.

In fulfilment of the obligation of the UNCRPD necessary policy interventions are required to be made and the existing policy framework, programmes and schemes need to be revisited. The PwD Act, 1995, is proposed to be replaced by a new

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legislation. The proposed new legislation should be in consonance with UNCRPD. The other relevant legislations are also required to be aligned with UNCRPD.

The issues of women with disabilities are not being adequately addressed in the existing laws, schemes and programmes. Therefore, it is necessary to give desired attention to the gender specific issues.

The experience of implementation of the PwD Act, 1995 has thrown up a number of issues. Such issues are being addressed in drafting a new law. However, consequential and concurrent changes have to be made in the policies, programmes and schemes of the Ministry. Further the coverage of various Schemes both in terms of number of beneficiaries as well as outcome achieved, has to be examined so as to make the schemes reach the target group and yield tangible benefits. Economic rehabilitation should accompany socio-psychological rehabilitation.

The objectives of an inclusive society are to be achieved and therefore the policies of the Ministry need to be oriented in that direction.

2.3 Consultation with Stakeholders

This Ministry holds consultations with various stakeholders from time to time on matters relating to policy formulation, scheme and programme implementation, review of the existing programmes and procedures so as to make them more effective. The National Policy was framed in consultation with the stakeholders in the disability sector. The existing PwD Act, 1995, which is now over 15 years old is under review so as to replace it with a new comprehensive legislation for the PwDs. The process of amendment to the PwD Act was initiated with wide consultation with the stakeholders. The draft amendments, prepared after vide consultation, were circulated to the Central Ministries, State Governments and also posted on the website of the Ministry seeking comments from the general public. A committee consisting of experts and representatives of various stakeholders and civil society organizations, has been constituted vide order dated 30.04.2010 to examine the suggestions and draft a new legislation. The Proposed amendments to the RCI Act and National Trust Act are being made in consultation with the stake holders.

2.4 Revamped Vision

2.5 Revised Mission – Long Term Outcome Goals Vision: An inclusive society where each citizen including person with disabilities is valued, recognized and provided an opportunity for full participation and contribution to the society on equal basis

2.6 Revised Objectives (including Higher education)

To guarantee equality and non-discrimination to all persons with disabilities.

To ensure inclusion and eliminate exclusion and segregation.

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To promote accessibility to all kinds of environment, physical information and communication channels.

To recognize the multiple and aggravated discrimination faced by women with disabilities and initiate suitable interventions to address their needs.

Special programmatic interventions for home bound persons with disabilities, persons with disabilities in institutions as also persons with disabilities with high support needs.

To build up appropriate institutions to protect the rights of the PwDs and to promote their mainstreaming.

2.7. Strategic Focus Areas – Core functions

Strategic Directions Implementation Modalities (4-5 years)

Resource Mobilization and allocation

Central Government to allocate more funds to the State Governments and Civil society organization for the empowerment of persons with disabilities .

Examine the existing allocations and reprioritize the Allocations

Education for all-including persons with disabilities

To put in place an accessible and equitable educational framework with the goal of empowering persons with disabilities.

To make education for all a reality, the focus would have to be centered on the mainstream education system all over the country.

Barrier free environment All public buildings, railway terminals, bus terminals and airports should be barrier free.

All websites of Government offices and departments should be accessible.

Awareness Raising Suitable information campaigns and sensitization programmes which raise awareness on the direct and indirect discrimination.

Orientation and sensitization at the school, college and university level, training and

professional training level on the human condition of disability and the rights of persons with disabilities.

Human Resource Development Mandating training on disability rights in all course for the training of administrators, policy officials, judges, and judicial officers.

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Induction of disability rights education in all continuing education programmes for school, college and university teachers and for doctors, engineers, architects and other professionals.

More emphasize on women with disabilities

Formulation and implementation of gender specific programmes and schemes.

Vocational training, Rehabilitation and self employment

To facilitate and support employment of persons with disabilities, with special reference to self employment and vocation training of persons with disabilities.

2.8. Annual Targets: 2011-16

Issue of Disability certificates to all; simplification of procedures for issue of

disability certificates by all the State Governments.

All Government buildings and office buildings of all organization, institutes setup and run by the Union or State Government to be made barrier free.

The public places maintained by Government to be made accessible to PwD.

To enact a new comprehensive law forPwDs.

To harmonize other laws relating to disabilities like RCI Act, NT Act with the proposed new legislation and also with UNCRPD.

To prepare and submit the first country report on UNCRPD.

To take steps for providing vocational training to the PwDs so as to enhance their employability.

Extension of rehabilitation service outreach.

Institution Building: Upgradation of National Institutes, National Centre for Universal Design and Barrier-free Environment, Indian Sign Language Research and Training Centre, New DDRCs.

Capacity Building of implementing agencies.

3. Assessment of Current Situation (SWOT) Analysis

3.1. Overview of the Sector and Identification of Gaps vis-a-vis the goals

The approach in the last 25 years has gradually moved from charity/medical approach to a rights based approach. The umbrella legislation brought out by India on equal opportunities for persons with disabilities referred to as Persons with Disabilities (Equal Opportunities, Protection off Rights and Full Participation) Act, 1995 and the

National Trust Act endeavour to cover policy interventions for a very broad range of persons with disabilities. India also signed and ratified the UN convention on the rights of persons with disabilities. The UN convention has advocated a right based approach for PwDs and removal of barriers which hinder their full and effective participation in society. Accessibility, reasonable accommodation and universal design are key elements of this strategy. The government is in the process of replacing the PwD Act and the PwD sector had been made a critical part of the consultative process particularly in central and state committees.

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The country already has necessary provisions and mechanism under the PwD Act, 1995, even for monitoring and evaluation but these needed to be strengthened and implemented.

The progress had been made in respect of employment for PwDs but government is trying to improve recruitment prospects for persons with disabilities.

Guidelines for Indian Government Websites have been issued as an integral part of the Central Secretariat Manual of Office Procedure, recommending policies and guidelines for making Indian Government Websites and portals at any organizational level for both Central Government and State Governments, citizen centric and visitor friendly, considering the needs of a broad spectrum of visitors, including people with disabilities. Accordingly, the MSJE’s own website was redesigned and made accessible. The website (www.socialjustice.nic.in) was launched on 5th January 2010. To encourage the development of “accessible” websites by others, the Ministry has instituted a new category in its Scheme of National Awards for the Empowerment of Persons with Disabilities under which three awards – one each for government, public and private sector websites will be given every year for the best “accessibility” features.

Financial assistance is given under Scheme for Implementation of Persons with Disabilities Act (SIPDA) for various activities pursuant to the implementation of the PwD Act. The allocation under SIPDA has been enhanced substantially in the current financial year. The Ministry has decided to give a thrust in the efforts to provide accessible environment for the PwDs in the financial year 2011. All the State Governments have therefore been requested to send proposals for financial assistance for making their official websites and important built environment accessible. The range of activities for which grant in aid is provided with regard to barrier free access is wide, including ramps, lifts, tactile paths, new product development and research, information, communication etc.

Sections 45 and 46 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 envisage barrier free accessibility in public buildings which includes ramps, adaptation of toilets for wheel chair users etc. Several Central Ministries have been requested to take appropriate steps in this regard. In a pursuant action, the Delhi Division of Ministry of Urban Development had notified the amended Building Bye-Laws, 1983 to ensure that the public buildings, which were erected in Delhi to provide barrier free environment to Persons with Disabilities. These Building Bye-laws for barrier-free built environment in public buildings have been circulated to all the States and Union Territories for incorporation in the municipal building Bye-laws. So far, 22 States have informed that they have modified their building bye-laws. The Central Government would bear the expenses upto Rs. 16.00 lakhs for the Secretariat Office of the building. In the previous three financial years, central assistance has been provided, inter-alia, to 15 State

Governments and 9 Universities to make the built environment of their selected buildings barrier-free.

The PwD Act, 1995, provides certain benefits to persons with disabilities who have not less than 40% of any disability, as certified by a medical authority. Thus, a person with disability who wishes to avail the benefits under the Act has to obtain a disability certificate from the medical authority notified for the purpose. State Governments are responsible for issuing disability certificates on the basis of applications from the persons with disabilities. 35.32% of persons with disabilities

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have been issued disability certificates upto April 2010. The certificates are issued on the basis of guidelines framed by the Ministry. The procedure was cumbersome and time consuming. This has been one of the major areas of concern for the Government.

The Persons with Disabilities Rules, 1996 have since been amended vide notification no. 16-02/2007-DD.III dated 30.12.2009 and the amended Rules inter-alia enables a simplified and decentralized procedure for issuance of Disability Certificate. In the amended rules, instead of a multi member “Medical Board”, “Medical Authorities” has been prescribed for issue of medical certificates. The Medical authorities have to be notified by the appropriate governments. Disability Certificate is to be issued as far as possible, within a week from the date of receipt of application but not later than one month. Provision of review of decision on issue of medical certificate has been incorporated.

Pursuant to the amendment to the PwD Rules, guidelines have been issued to

State Governments to effect suitable changes in their Rules and notify the same. Ministry of Health and Family Welfare have also been requested for notifying the medical authorities for purpose of issuing disability certificates. In the guidelines, multitier medical authorities have been suggested so that in respect of obvious disabilities the disability certificate can be issued by a single Doctor at the level of Primary Health Centres (PHCs), Community Health Centres (CHCs) and Hospital at the Sub-Divisional level; in case of non-obvious disabilities, certificate can be issued by a specialist and in case of multiple disabilities, a multimember board is to issue the certificate.

3.2 External (Macro & Micro) Factors Impacting Outcome

Demographic details are key to policy formulation

Cooperation of the family and community

Multiplicity of implementing agencies and lack of coordination at ground level

Social stigma

Inadequate coverage in rural sector due to lack of implementing agencies

Lack of awareness and knowledge on disability issues.

Lack of experience and credibility of implementing agencies.

3.3 Stakeholders Analysis

Family- The families of PwDs need counselling regarding the steps required to

enable such persons to live independently and to optimize their potential. Creation of awareness regarding government initiatives is also important.

Community based rehabilitation is a growing concept. However, communities are mostly not oriented for the same. Involvement of the community for the rehabilitation of PwDs in a community set up is a necessity.

The NGOs and DPOs are in partnership with the Government for implementing the schemes and also in formulating policies etc. NGOs operating in the field need to be suitably oriented and capacity building measures needs to be taken.

State Governments need to be sensitised to encourage organisations to take up projects in unserved areas especially in the North East. They also need to closely monitor the work being done by implementing agencies in the field.

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3.4 SWOT Analysis

Strengths Opportunities

Comprehensive disability legislation.

Mechanisms for monitoring implementation and redressal of gievances.

Adequate financial resources

National Institutes devoted to various disabilities.

Maintaining quality training for disability professionals by way of accreditation by the Rehabilitation of India.

An Institutional setup in the form of National Trust to address specific needs of certain kinds of disabilities.

Partnership with Non-Government organization for delivering benefits to the target group.

Corporate and multilateral resources;

Chief Commissioners and State Commissioners for PwD for redressal of complaines;

Vocal and articulate media playing a crucial role in dissiminating information and generating awareness;

Panchayati Raj Institutions promoting a bottom up approach in

planning;

Availability of financial resources;

UNCRPD, Global commitment for mainstreaming disability issues;

.

Weakness Threats

Poor implementation of disability legislation and of various schemes at the ground level.

Gap in demand and supply of rehabilitation professionals.

Lack of information about rights and services for the PwDs.

Inadequate implementation infrastructure particularly in rural areas and in the N.E. States.

Attitudinal barriers;

Lack of access to information;

Lack of well designed Social Security System;

Long and time consuming process in approving release of grant-in-aid;

Poor skills

Inclusive education yet to yield results.

3.5. Core Agenda Proposed to achieve the proposed Goals

Review of legislation to align it with the needs and rights of PwDs.

Enhanced budgetary support

Optimum utilization of the resources

Review of the implementation of the schemes to make them more effective

Thrust on accessibility

Institution strengthening to make the NI’s capable and efficient.

Augmenting institutional infrastructure and outreach services.

Capacity Building of NGOs

Emphasis on economic empowerment by providing employment opportunities

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Skill development to enhance employability.

4 Strategy to achieve the revised Vision, Mission, Goals etc

4.1 Action Plan, and key performance indicators

State Governments to be pursued to amend their PwD Rules and notify medical authorities.

A new legislation for PwDs in place of PwD Act, 1995 to be introduced in the Parliament.

RCI Act 1992 and National Trust Act 1999 to be reviewed and appropriate amendments carried out.

Upgradation of National Institutes so as to make them Centres of Excellence.

To set up National Centre for Universal Design and Barrier-free Environment.

To set up Indian Sign Language Research and Training Centre.

To set up five new CRCs and 100 DDRCs across the country in 2010-11 and 2011-12 to cover the deficient/uncovered areas

To set up Resource Centres on the lines of National Resource Centre (SAMBHAV) set up by National Trust.

State Governments and Central Ministries should make their office buildings and official websites accessible to the PwDs; financial support, wherever required, will be provided under SIPDA.

Scheme for Implementation of Persons with Disabilities Act will be revised to broaden its scope to cover the provisions of National Trust Act, 1999

A New Scheme will be formulated for Implementation of Persons with Disabilities Act.

To prepare and submit the first country report on UNCRPD.

To take steps for providing vocational training to the PwDs so as to enhance their employability and for increasing coverage of PwDs under Skill Development Initiative Scheme (SDIS).

Capacity Building of implementing agencies (NGOs).

Incentive Scheme for the employers in Private Sector to be reviewed to make it more attractive/effective. In this context, a feasibility will be explored to broaden the incentives to include various services like insurance, health care etc. in case of persons with disabilities in order to alleviate the additional cost they have to bear on account of their disability. Similarly, custom duties should be exempted or reimbursed on import of assistive devices, aids and equipments.

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A Disability Index will be developed which should not only be based on the demography of individual states but also on their disability policies, circulars, their proportion of resource allocation on disability, implementation of central/state schemes and other management/administrative issues on disability etc.

Identification of posts in all categories in Government establishments/PSUs etc for the purpose of reservation for PwDs.

4.2. Identification and Sequencing, where possible, of strategic Thrust Areas, e.g.

Adequacy of Resources

Review of legislation

Strengthening of existing Institutional structures and setting up of new ones for implementing the Strategic Plan

Improvement of service delivery to Target Groups

Capacity Building of implementing Agencies.

Setting up of an effective Internal Control and Monitoring Mechanism - Use of ICT

5. Implementation Plan – Framework

5.1 Identification of Deliverables

Grant-in-aid under DDRS for various for various identified projects.

Financial assistance for Purchase/Fitting of Aids/ Appliances for the PwDs.

Financial assistance to State Govts and institutions set up and run by State and Central Governments for undertaking various activities pursuant to implementation of PwD Act under SIPDA.

Incentive to employers by way of reimbursement of their contribution towards EPF and ESI in respect of PwDs employed.

Human Resource Development in the field of rehabilitation.

Rehabilitation services by National Institutes dedicated to different disabilities.

Rehabilitation and empowerment of PwDs with specific support needs such as Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities.

Provision of necessary legislative and policy framework for the empowerment, rehabilitation and welfare of PwDs.

Loan facilities for Persons with Disabilities for developing entrepreneurship and self employment.

5.2 Critical Success factors for implementation of Initiatives/ Schemes/Programmes

Adequate budgetary provision.

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Capacity and initiative of the implementing agencies particularly Non-Government Organizations in implementing the schemes.

Optimum, appropriate and timely utilization of financial assistance by the implementing agencies.

Identification of beneficiaries.

Outreach of service delivery instruments.

Sensitization of employers in private sector.

Monitoring by the State Governments of the schemes/projects implemented through central assistance.

Attention/priority assigned by various Government departments/ Ministries of the State and Central Governments to issues like accessibility, employment, reservation etc.

Involvement of the family and community by the implementing agencies.

6. Monitoring & Review

6.1 Critical Points for Monitoring and Coordination during Implementation

Monitoring of working of the organizations at field level by the State

Governments.

Timely submission of Utilization Certificate by implementing agencies.

Inspection by Nodal Officers of the Ministry.

Selective monitoring and evaluation by the Ministry.

Review meetings with the State Governments.

Periodic review in the Ministry.

6.2 Concurrent Evaluation of Initiatives/Schemes/Programmes

There is a separate Division for Planning Evaluation and Monitoring of various programmes

6.3 Corrective Action-Procedures

Reduce delays in release of funds to NGOs and other implementing

agencies through development of and MIS.

Greater transparency through posting of status of clearances on the website of the Ministry.

Corrective action from time to time as indicated through outcome of evaluation studies.

Stringent action in cases of misuse of funds by the Government.

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Chapter V Senior Citizens

Introduction

1.1 Definition of Target Group As per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ‘senior citizen’ means any person being a citizen of India, who has attained the age of 60 years or above.

1.2 Existing Vision, Mission, Objectives and Targets State’s support to ensure financial and food security, health care, shelter and other needs of older persons to improve the quality of their lives

1.3 Existing Plan/Mechanism for Action The National Policy on Older Persons (NPOP) was announced in January 1999 which envisages State support to ensure financial and food security, health care, shelter and other needs of older persons to improve the quality of their lives. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted in December 2007 which provides for – (i) maintenance of parents/ senior citizens by children/ relatives made obligatory and justiciable through Tribunals; (ii) establishment of old age homes for indigent senior citizens; (iii) adequate medical facilities and security for senior citizens; and (iv) protection of life and property of senior citizens. Scheme of Integrated Programme for Older Persons (IPOP) has been implemented under which financial assistance is given to suitable Non-Governmental Organizations for running and maintenance of centres for destitute elderly viz. Old Age Homes, Day Care Centres, Mobile Medical Units, Day Care Centres for Alzheimer's Disease/ Dementia Patients, Physiotherapy Clinics for Older Persons, Help-lines and Counseling Centres for Older Persons, Sensitizing programmes for children in Schools and Colleges, Regional Resource and Training Centres, Training of Caregivers to the Older Persons, Awareness Generation Programmes for Older Persons, Formation of Senior Citizens Associations, etc.

Mechanism for Action

A National Council for Older Persons (NCOP) was constituted in 1999 under the Chairpersonship of the Minister for Social Justice and Empowerment to oversee implementation of the Policy. The NCOP is the highest body to advise the Government in the formulation and implementation of policy and programmes for the aged.

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An Inter-Ministerial Committee on Older Persons comprising of various Ministries/ Departments, and headed by the Secretary (SJE) is another coordination mechanism in implementation of the NPOP. Action Plan on ageing issues for implementation by various Ministries/ Departments concerned is prepared and their status implementation is considered/ monitored by the Committee from time to time. State Welfare Ministers/ Secretaries Conference have been held every year to review the implementation of various provisions of the Policy, legislation and programmes/ scheme for the senior citizens.

2 Vision, Mission, Goals, Objectives and Goals : 2011-16

Keeping in view the changing demography of the senior citizens in the country and consequential implications, the Ministry has constituted a Committee to review the National Policy on Older Persons (NPOP), 1999. The Committee is expected to take into consideration the changes that has undergone in the requirements of senior citizens and need for action by the State in the specific areas of concern that would ensure better financial and food security, health care, shelter and other needs of older persons to improve the quality of their lives.

Annual Targets Proposed: 2011-16

Announcement of the new policy for senior citizens.

To ensure that various provisions of the Policy are effectively implemented.

Following up with all States/ UTs also frame their own Policy.

To ensure that Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is notified by all States and UTs and the various provisions of the Act are fully and effectively implemented by them

Revision of the Scheme of IPOP.

More Help lines and Counseling Centres to be set up.

Setting up more Regional Resource and Training Centres.

With the rising population of senior citizens in the country, the requirement of caregivers has also increased. Attention will be given for training of geriatric caregivers in sufficient numbers.

Strengthening of NISD to enable it to play an effective role.

Building strong data base on the various welfare measures taken for senior citizens in close coordination with the concerned Central Ministries/ Departments and State Governments.

Strengthening the Bureau dealing with senior citizen’s issues in the Ministry.

Proposed budget allocation and number of beneficiaries proposed to be covered under the Scheme of IPOP

Year Budget Allocation No of beneficiaries 2011-12 40 crore 64000 2012-13 45 crore 72000 2013-14 50 crore 80000 2014-15 55 crore 88000 2015-16 60 crore 96000

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3 Assessment of Current Situation (SWOT) Analysis 3.1 Overview of the Sector and Identification of Gaps vis-a-vis the goals

As per 2001 Census, total population of Senior Citizens (60+) was 7.7 crore and they constituted 7.5% of the total population. Himachal Pradesh, Punjab, Uttarakhand, Haryana, Orissa, Maharashtra, Andhra Pradesh, Karnataka, Goa, Kerala, Tamil Nadu and Puducherry have more than the national average (7.5%) of Senior Citizens population. The population of senior citizens in the country is increasing over the years. As per the May 2006 Report of the Technical Group on Population Projections constituted by the National Commission on Population, the population of senior citizens in the country is projected to go up to 8.3% in 2011, 10.7% in 2021 and further to 12.4% in 2026. General improvement in the health care facilities over the years is one of the main reasons for continuing increase in proportion of population of senior citizens. Ensuring that they not merely live longer, but lead a secure, dignified and productive life is a major challenge.

Goals and identification of gaps The National Policy on Older Persons (NPOP) visualizes that the State will extend support for financial security, health care, shelter, welfare and other needs of older persons so that they can improve the quality of their lives. States/ UTs are also required to frame their own Policy. However, only Andhra Pradesh, Karnataka, Kerala, Maharashtra, Tripura, Mizoram and Delhi have formulated their own Policy so far. The Central and State Governments have taken various measures for the welfare of senior citizens as envisaged in the Policy. However, keeping in view the changing demographic pattern in the country, a Committee has been constituted to assess the present status of various issues concerning senior citizens, in general, and implementation of National Policy on Older Persons (NPOP), 1999 and draft a new National Policy on Older Persons in particular. The new national policy will provide further directions for the welfare of senior citizens and identify the gaps. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has to be brought into force by individual State Government. Further, States/ UTs which have notified the Act are required to - frame Rules under the Act; appoint Maintenance

Officers; constitute Maintenance and Appellate Tribunals. The status of implementation of the Act so far is given as under:

22 States and all UTs have notified the Act

13 States and 1 UT had framed Rules

14 States and 2 UTs have appointed Maintenance Officers

15 States and 3 UTs have constituted Maintenance Tribunals

14 States and 2 UTs have constituted Appellate Tribunals

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To facilitate States/ UTs in framing Rules under the Act, this Ministry had circulated Model Rules to all States/ UTs which had notified the Act on 6th February 2009 for suitably adaption/ adoption. The Model Rules, inter-alia, provide for establishment of State Council of Senior Citizens and District Committee of Senior Citizens. Of the 13 States and 1 UT which had framed Rules, only 8 States have kept a provision for establishment for State Council of Senior Citizens and District Committee of Senior Citizens. The budgetary provision under the Scheme of IPOP which is implemented through NGOs could not be fully utilized due to – (i) late and incomplete proposals received from States/ UTs; (ii) inadequate number of proposals received from many States/ UTs; and (iii) inadequate infrastructure and manpower for the implement of the Scheme.

Keeping in view the population of senior citizens in the country, the number of beneficiaries covered under the Scheme has been very low.

3.2 External (Macro & Micro) Factors Impacting Outcome

The demographic ageing of population has implications at the macro and also at micro level. The sheer magnitude of numbers is indicative both of the huge human resource and also of the scale of endeavours necessary to provide social services and other benefits, including caregivers.

3.3 Stakeholders Analysis

The sector is a cross cutting one, wherein the Central and State Governments have taken and are required to take various measures for the welfare of senior citizens as envisaged in the Policy. Further, voluntary organizations working in the field of ageing has to also play a pro-active role in the implementation of the Policy and programmes for the welfare of senior citizens.

3.4 SWOT Analysis 3.4.1 Existing Legal, Policy, and Organizational Framework

Constitutional provisions Article 41 of the Directive Principle of State Policy provides that the State shall, within the limits of its economic capacity and development, make effective provision for

securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Policy, Legislation and Scheme

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides for – (i) maintenance of parents/ senior citizens by children/ relatives made obligatory

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and justiciable through Tribunals; (ii) establishment of old age homes for indigent senior citizens; (iii) adequate medical facilities and security for senior citizens; and (iv) protection of life and property of senior citizens. The National Policy on Older Persons (NPOP), 1999 envisages State support to ensure financial and food security, health care, shelter and other needs of older persons to improve the quality of their lives. The Scheme of Integrated Programme for Older Persons (IPOP) has been implemented with the objective of improving the quality of life of senior citizens by providing basic amenities like shelter, food, medical care, etc. for the destitute elderly. Under the Scheme, financial assistance is provided to non-government organizations (NGOs) for running and maintenance of various projects such as Old Age Homes, Day Care Centres, Mobile Medicare Units, etc.

Organizational Framework The Social Defence Bureau deals with all matters relating to senior citizens. The Ministry of Social Justice & Empowerment is the nodal department in the Government of India in matters relating to senior citizen. The National Institute of Social Defence (NISD) plays a major role in human resource development, awareness generation etc. in this area. A National Council for Older Persons (NCOP) was constituted under the Chairpersonship of the Minister for Social Justice and Empowerment to oversee implementation of the Policy. The NCOP is the highest body to advise the Government in the formulation and implementation of policy and programmes for the aged. An Inter-Ministerial Committee on Older Persons comprising of various Ministries/ Departments has also been constituted under the Chairmanship of Secretary (SJE) which is another coordination mechanism in implementation of the NPOP. Action Plan on ageing issues for implementation by various Ministries/ Departments concerned is prepared and their status implementation is considered/ monitored by the Committee from time to time.

3.4.2 Strengths of the Existing Framework

1. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides an effective framework to cater to the maintenance, shelter, health and security needs of senior citizens.

2. The National Policy on Older Persons (NPOP), 1999 is being reviewed. 3. The NISD provides institutional support. 4. The National Council for Older Persons meets from time to time to take

stock of the prevailing situation and provide advice.

3.4.3 Weaknesses in the above existing framework

1. The Central and State Governments have taken various measures for the welfare of senior citizens as envisaged in the Policy. However, many aspects of

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the Policy have not been fully implemented by the Central and State Governments. Further, only few States namely, Andhra Pradesh, Delhi, Karnataka Kerala, Maharashtra, Mizoram and Tripura have so far framed their own State Policy. Since a period of one decade has elapsed, the policy needs to be reviewed particularly in view of the changing demographic pattern in the country.

2. So far, only 22 States and all UTs have notified the Maintenance and Welfare of

Parents and Senior Citizens Act, 2007. States/ UTs which have notified the Act are required to - frame Rules, appoint Maintenance Officers, constitute Maintenance and Appellate Tribunals for effective implementation of the Act. The status of implementation of the Act is given in para 3.1

3. Considering the quantum of work being dealt with in the Bureau, the

manpower is highly inadequate.

4. NISD requires to be strengthened substantially to provide effective support.

3.4.4 Opportunities and Threats – emerging both from the internal and

external factors

Continuous increase in life expectancy means that more people are now living longer. General improvement in the health care facilities over the years is one of the main reasons for continuing increase in proportion of population of senior citizens. Ensuring that they not merely live longer, but lead a secure, dignified and productive life is a major challenge. Funds under the Scheme of IPOP could not be fully utilized. Further, the coverage of beneficiaries under the Scheme has so far been very low in relation to rising senior citizens population in the country. On an average, about 35000 senior citizens are benefitted under the Scheme. Reasons for not fully utilizing funds and low coverage of beneficiaries under the Scheme has been due to inadequate proposals from the State Governments. Further, the quantum of financial assistance provided to implementing agencies under the Scheme of IPOP is quite small. Higher priority needs to be accorded by State Governments for programmes for senior citizens.

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Chapter VI

Prevention of Alcoholism & Substance (Drugs) Abuse and Other Social Defence Services’

1. Introduction

The Ministry of Social Justice & Empowerment is the nodal Ministry for drug demand reduction. To attain this objective it provides financial assistance to the voluntary organizations under the 'Scheme of Assistance for the Prevention of Alcoholism & Substance (Drugs) Abuse and for Social Defence Services’ for identification, counselling, treatment and rehabilitation of drug addicts.

1.1. Definition of Target Group

Drug Abuse Prevention programme have different target groups for awareness and sensitizing about the impact of addiction and to treat addiction. The target group includes all vulnerable persons including children and youth with a special focus on high-risk groups like commercial sex workers, truck drivers, the children of alcoholics and drug addicts, street children, prisoners and school dropouts.

1.2. Existing Plan/Mechanism for Action

At present, the goal of drug demand reduction is being addressed through a Scheme for Prevention of Alcoholism and Substance (Drug) Abuse. The major objectives of the Scheme are as follows:

a) To create awareness and educate people about the ill-effects of alcoholism and substance abuse on the individual, the family, the workplace and society at large;

b) To provide for the whole range of community based services for the identification, motivation, counseling, de-addiction, after care and rehabilitation for Whole Person Recovery(WPR) of addicts;

c) To alleviate the consequences of drug and alcohol dependence amongst the individual, the family and society at large;

d) To facilitate research, training, documentation and collection of relevant information to strengthen the above mentioned objectives; and

e) To support other activities which are in consonance with the mandate of the Ministry of Social Justice & Empowerment in this field.

2. Vision, Mission, Goals, Objectives and Goals : 2011-16

2.1 Need for Change: Challenges being faced

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i) Need for Data: In the absence of any State-wise data it is difficult to co-relate the performance of the Scheme in relation to the served areas and the incidence of drug abuse.

ii) Timely submission of proposals: The processing of cases is mostly done during the last two quarters of the financial year, which is mainly due to the late receipt of proposals from the States/UTs.

iii) Monitoring and Evaluation: The State Governments/UT Administration or any other agency prescribed by the Ministry conducts inspections of the NGOs and send their reports to the Ministry. RRTCs or any independent agency may be involved in monitoring and evaluation of the projects, as this would result in better implementation of the Scheme by the NGOs.

iv) Need for a policy on Prevention of alcoholism and substance (drug) abuse and rehabilitation.

v) Massive awareness generation programme needs to be undertaken to

sensitize vulnerable groups to the ill effects of substance abuse.

2.2 Consultation with Stakeholders

Alcohol and drug abuse cannot be addressed in isolation or handled by a single department or agency. The involvement of multiple sectors at the level of the Government and Civil society is essential to mount an effective response.

There is a National Consultative Committee on De-addiction and Rehabilitation NCCDR with multi-stakeholder representation that reviews the situation and gives advice on action to be taken.

Efforts will be made to established linkages with the following Ministries at the Central Government Level:

a. Ministry of Health and Family Welfare to continue with addiction treatment services currently offered and provide technical support for research, development of treatment interventions and training

b. Ministry of Information and Broadcasting for media based intervention c. Department of Youth Affairs and Sports to work with youth and non

formal education sector d. Ministry of Human Resource Development for interventions under formal

education system e. Ministry of Home Affairs for interventions in prison setting f. Ministry of Labour and Employment for interventions in the workplace g. Ministry of Rural Development and Panchayati Raj to implement

interventions with involvement of Panchayats to reach the rural areas.

h. Ministry of Road Transport and Highways to support interventions related to driving under the influence of substances

i. Ministry of Women and Child Development to address issues related to these special groups

National AIDS Control Organization to strengthen interventions for substance users in the field of HIV prevention and management

2.3 Revamped Vision

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Abuse of alcohol and drugs has been gradually increasing in India and negatively impacts individuals, families and communities. At present, alcohol and drug abuse is recognized as the cause of numerous acute and chronic health problems, as well as widespread social, mental and emotional consequences that affect individuals, families, work places and the community. As with other diseases, the impact is much higher among the disadvantaged sections of society when compared to the rest. Rational response requires development of a coherent Policy. At present in the absence of a National Policy on Drug Abuse and Alcoholism, and authentic data base about the drug addicts in the country, it is not feasible to effectively plan, monitor and evaluate any scheme for this segment of the society. Accordingly, thrust in this period will be to: (i) prepare a National Policy for prevention of Drug Abuse and Alcoholism and (ii) prepare a database for effective planning and implementation of the scheme for this sector through a comprehensive survey to ascertain the trends, pattern and extent of substance abuse (iii) mount a comprehensive awareness generation campaign.

2.4 Strategic Focus Areas – Core functions

1. The Ministry of Social Justice and Empowerment will initiate efforts to develop

linkages with the Ministries listed above as well as others if necessary to initiate interventions as part of the programmes of that respective Ministry, thereby mainstreaming issues related to alcohol and substance(drug) abuse. At the state level, linkages should be established with concerned Ministries and Departments handling the issues listed above (a to j) to facilitate implementation.

2. Comprehensive survey for data collection on trends, pattern and extent of substance abuse.

3. Awareness generation campaign to be mounted 4. National Policy is to be developed. 5. Strengthening of NISD to play a significant role in setting standards, monitoring

of programmes and human resource development.

Monitoring & Review

Critical Points for Monitoring and Coordination during Implementation The National Consultative Committee on De-addiction and Rehabilitation (NCCDR) headed by the Minister of Social Justice and Empowerment functions with representatives from various Ministries, NGOs, State Governments and experts. The committee monitors the efforts at drug demand reduction and has initiated efforts at formulation of a policy. Its preparation needs to be closely monitored.

2. The RRTCs need to be involved in inspection and monitoring of the work being done by IRCAs.

3. Minimum standards have been developed for De-addiction projects. These have to be strictly implemented.

4. Timely receipt of proposals

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1. All interventions carried out to address substance abuse problems will be

monitored at regular interval and evaluated periodically.

2. The administrative procedures at the level of the central and state governmental level will be reviewed to make the process of monitoring, evaluation and assessing eligibility for grant support transparent and strive to examine effectiveness based on objective indicators.

Research initiatives to build data base and strengthen interventions:

(i) Planning, implementation, assessment of interventions would be guided by well

designed research studies. The Drug Abuse Monitoring System would be strengthened to collect data to understand pattern of substance abuse and plan appropriate interventions.

(ii). Efforts will be made to design and carry out research projects to assess impact of substance abuse with emphasis on economic costs of negative consequences on individuals, families and communities.

(iii). Assessment and evaluation of interventions will be encouraged to study effectiveness.

Monitoring & Review Mechanism system

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Chapter 7

Evaluation of Schemes/Programmes

It is envisaged to continue to assess the impact of the Schemes/Programmes of the Ministry through sponsoring evaluation/ research studies to ensure that policies & programmes of the Ministry are implemented in the best interests of its target groups namely , Scheduled Castes(SCs), Other Backward Classes (OBCs), Persons with Disability(PwD) Senior Citizens & Victims of Substance Abuse. Evaluation & research studies provide feedback to assess status & effectiveness in implementation of the policies & programmes of the Ministry and to identify emerging issues in order to revise approach, norms and coverage of the policies & programmes

to protect & promote interests of its target groups.

To accomplish the above objective, Research and Evaluation Unit of the Ministry will continue to:

(i) Identify the priority subject areas to sponsor research and evaluation studies.

(ii) Assign evaluation research studies to organizations selected through duly established process

(iii) Disseminate findings and recommendations of reports to the concerned programme Divisions/ State Governments for follow up action.

(iv) Collect, compile, collate, analyze and disseminate the data relating to Ministry’s target groups.

(v) To develop a sound data-base on Ministry’s target groups for planning and policy formulation.

Assessment of Current Situation

Evaluation & research studies are sponsored regularly depending on the need and periodicity in the field of Scheduled Castes, Other Backward Castes, Disability and Social Defence after prior approval of the Research Advisory Committee (RAC) and concerned Bureau Heads who are responsible for implementing recommendations of the evaluation & research studies. In the present system, the following drawbacks are noticed, which will be addressed in the coming years:

(i) There is no system or machinery in place to conduct surprise sample checks to control the quality of data collection by the field investigators.

(ii) Budgetary norms prescribed in the grant in aid rules have not been revised since February 1990, and therefore need to be revised soon.

(iii) Non-filling up of vacant posts poses a major problem in accomplishing the assigned responsibilities properly. Nearly 70% of the total posts are vacant at present.

(iv) To contain the considerable delay in submission of draft and final reports, a penalty clause should be introduced in Agreement Bond and sanction order

(v) Introduction of bank guarantee or post office saving accounts / saving bank accounts of the project cost pledged in favor of the Ministry is required to be made mandatory particularly in case of private organization/NGOs.

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Monitoring & Review:

Preparation of control charts of all the sanctioned projects to monitor that these are completed within prescribed time frame and their speedy release of installment/settlement of accounts. To review periodically and collect the feedback on the recommendations of the studies sponsored by the Ministry.

Annual Targets proposed for 2011-16

Year Number of Evaluation Studies and Seminars/Conferences on the following subjects

SCD OBCs Disability Social Defence

Evaluation/ Research Studies

Seminars/ Conferences

Evaluation/ Research Studies

Seminars/ Conferences

Evaluation/ Research Studies

Seminars/ Conferences

Evaluation/ Research Studies

Seminars/ Conferences

2011-12 8 2 4 2 4 2 4 2

2012-13 8 2 4 2 4 2 4 2

2013-14 8 2 4 2 4 2 4 2

2014-15 8 2 4 2 4 2 4 2

2015-16 8 2 4 2 4 2 4 2

Total 40 10 20 10 20 10 20 10