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Prime Minister to launch Accessible India Campaign for Physically disabled people n important aim of the society is to integrate persons with disabilities in the society so that they can actively participate in society and lead a normal life. Ideally, a disabled person should be able to commute between home, work place and other destinations with independence, convenience and safety. The more persons with disabilities are able to access physical facilities, the more they will be part of the social mainstream. With firm commitment of the government towards socio-economic transformation of the persons with disabilities there is an urgent need to create mass awareness for universal accessibility. DEPwD is also in the process of creating a mobile app, along with a web portal for crowd sourcing the requests regarding inaccessible places. With the app, downloaded on his/her mobile phone, any person would be able to click a photograph or video of an inaccessible public place (like a school, hospital, government office etc.) and upload the same to the Accessible India portal. The portal will process the request for access audit, financial sanction and final retrofitting of the building to make it completely accessible. The mobile app and portal will also seek engagement of big corporates and PSUs to partner in the campaign by offering their help to conduct access audit and for accessibility- conversion of the buildings/transport and websites. India is a signatory to the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Department of Empowerment of Persons with Disabilities (DEPwD), Ministry of Social Justice and Empowerment, has formulated the Accessible India Campaign (Sugamya Bharat Abhiyan), as a nation-wide campaign for achieving universal accessibility for PwDs. The campaign targets three separate verticals for achieving universal accessibility namely the built up environment, transportation eco-system and information & communication eco-system. The campaign has ambitious targets with defined timelines and will use IT and social media for spreading awareness about the campaign and seeking commitment / engagement of various stakeholders. The Department has asked various State Govts. to identify about 50 to 100 public buildings in big cities and also identify citizen centric public websites, which if made fully accessible would have the highest impact on the lives of PwDs. Once identified, “Access Audit” of these buildings and websites will be conducted by professional agencies. As per the audit findings, retrofitting and conversion of buildings, transport and websites would be undertaken by various government departments. This will be supported by the Scheme of Implementation of Persons with Disabilities Act (SIPDA), an umbrella scheme run by the Department of Empowerment of Persons with Disabilities (DEPwD) for implementing various initiatives for social and economic empowerment of PwDs. Article 9 of UNCRPD casts an obligation on all the signatory governments to take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. Persons with Disabilities (Equal Opportunities. Protection of Rights and Full Participation) Act 1995 under Section 44, 45 and 46 also categorically provides for non-discrimination in participation, non-discrimination of the roads and built up environment. As per Section 46 of the PwD Act, the States are required to provide for : i) Ramps in public buildings ii) Provision of toilets for wheelchair users iii)Braille symbols and auditory signals in elevators or lifts iv) Ramps in hospitals, primary health centres and other rehabilitation centres. Article 9 – Accessibility of UNCRPD 1. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia: Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; Information, communications and other services, including electronic services and emergency services. 2. States Parties shall also take appropriate measures to: Develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public; Ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities; Provide training for stakeholders on accessibility issues facing persons with disabilities; Provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms; Provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public; Promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information; Promote access for persons with disabilities to new information and communications technologies and systems, including the Internet; Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.
The Supreme Court laid down norms for state governments to select public prosecutors and government advocates and limited the earlier discretion they had to accommodate lawyer supporters of the ruling party. in choosing government lawyers, the state must look for competence and not appoint anyone with a criminal background. Though appointment of PPs and several layers of government advocates for district courts in Uttar Pradesh was in question, the judgment of Justices Vikramjit Sen and A M Sapre will have a salutary effect on other states too. The bench said, “It is beyond cavil that it is in the interest of the dispensation of criminal justice that competent counsel possessing integrity should alone be appointed, since otherwise, there is a strong miscarriage of justice. In choosing them, the state will not only have to be satisfied of their forensic competence, but also that they are bereft of any criminal antecedents.” It clarified that strict selection process to be appointed by states in choosing government lawyers did not mean there would be any security of tenure for them. Justice Sen said, “The state, like any other litigant, must have the freedom to appoint counsel in whom it reposes trust and confidence. The only expectation is that the choice made by the state should not be such as could defeat the sacred and onerous responsibility of ensuring that justice is meted out to all citizens.” Referring to an earlier judgment in Johri Mal case, the bench said the SC had categorically rejected the claim of a lawyer for continuous renewal of appointment as a government advocate. “We entirely agree with this exposition of law, ” the bench said. The bench agreed with the apex court’s Johri Mal judgment, in which it had said district counsel did not have a statutory right for renewal of tenure and the state government enjoyed discretionary power in this regard. State of Uttar Pradesh v. Johri Mal 2004 1. A distinction is to be borne in mind between appointment of a Public Prosecutor or Additional Public Prosecutor on the one hand, and Assistant Public Prosecutor, on the other. So far as Assistant Public Prosecutors are concerned, they are employees of the State. They hold Civil posts. They are answerable for their conduct to higher statutory authority. Their appointment is governed by the service rules framed by the respective State Government. 2. The appointment of the Public Prosecutors, on the other hand, is governed by the Code of Criminal Procedure and/or the executive instructions framed by the State governing the terms of their appointment. Proviso appended to Article 309 of the Constitution of India is not applicable in their case. Their appointment is a tenure appointment. Public Prosecutors, furthermore retain the character of legal practitioners for all intent and purport. They, of course, discharge public functions and certain statutory powers are also conferred upon them. Their duties and functions are onerous but the same would not mean that their conditions of appointment are governed by any statute or statutory rule. Article 309 of Constitution “Recruitment and conditions of service of persons serving the Union or a State”.
Best IAS And KAS Coaching Centre In Bangalore PIL once filed & heard, cannot be withdrawn: SC Supreme Court said , a Public Interest Litigation PIL, once filed & heard, cannot be withdrawn. The observation came during a hearing on a lawyer’s plea that he was getting threats for filing a PIL seeking entry of girls and women in Kerala’s Sabarimala temple. The court noted this when Naushad Ahmed Khan, President of Indian Young Lawyers’ Association, which has filed the PIL on Sabarimala issue, sought urgent hearing of the matter. He said he has received 500 threatening phone calls in recent times and asked to take back the PIL. What is Public Interest Litigation (PIL)? Public-Interest Litigation is litigation for the protection of the public interest. In Indian law, Article 32 of the Indian constitution contains a tool which directly joins the public with judiciary. Article 32: The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. A PIL may be introduced in a court of law by the court itself (suo motu), rather than the aggrieved party or another third party. For the exercise of the court’s jurisdiction, it is not necessary for the victim of the violation of his or her rights to personally approach the court. In a PIL, the right to file suit is given to a member of the public by the courts through judicial activism. The member of the public may be a non-governmental organization (NGO), an institution or an individual. It was in the case of SP Gupta vs Union of India that the Supreme Court of India defined the term Public Interest Litigation in the Indian Context. The 38th Chief Justice of India, S. H. Kapadia, has stated that substantial fines would be imposed on litigants filing frivolous PILs. PIL has been successful in making official authorities accountable to NGOs.
Best IAS And KAS Coaching Centre In Bangalore Beijing to end coal usage by 2020 to reduce smog China’s capital and its adjoining areas will end coal usage by 2020 to reduce the recurring smog in Beijing and improve air quality . Beijing wants to replace coal-fired stoves with that of electricity and gas. Beijing has declared that it will wipe out coal use in its most rural areas by 2020. 60 per cent of smog content is caused by coal burning in the starting phase of each smog . 30 per cent of the pollution comes from automobiles. Burning coal for winter heating has been listed as one of the primary causes of air pollution. Background : The capital and other places in northern China experienced several smog alerts in November and December, when peak readings were many times higher than the national safety level. Last month Beijing declared its first red alert as the city of over 22 million people was enveloped by heavily polluted smog leading to a host of emergency measures including closure of schools and restriction of traffic with odd and even number plates.
UN Warns Air Pollution in Asia Pacific Has Rising Cost The United Nations Report says : The rising level of air borne pollution in Asia is extracting greater social and economic costs leading to millions of people dying prematurely each year. Globally some 7 million people a year die prematurely due to indoor and outdoor pollution with about 70 per cent of those deaths in the Asia Pacific. From forest fires with their smoky haze over South East Asia, to China’s smog-filled mega cites, to rural homes in South Asia choked by inefficient stoves, scientists say in Asia there are rising health and social costs from air borne particle pollution. The costs from air pollution are rising for millions across the region, with hundreds of cities facing pollution levels exceeding World Health Organization (WHO) safety standards. We know that well over 200 cities in Asia exceed WHO guidelines on PM2.5 emissions. Millions of people living in them exceeding WHO guidelines which is directly linked with basically chronic health problems. Emission rates from household fuel combustion should not exceed the following targets (ERTs) for particles with aerodynamic diameters of less than 2.5 µm (PM2.5) and carbon monoxide (CO), based on the values for kitchen volume, air exchange and duration of device use per day set out in Table R1.1 and which are assumed to be representative of conditions in low- and middle-income countries. Scientists warn that without significant steps, the number of premature deaths from air borne pollution will double by 2050. In South Asia, from Bangladesh to India and Pakistan, the toll to human life has been directly linked to people using stoves that burn solid cooking fuels, like wood or dung. Indoor pollution is a major contributor to health problems that compares to the pollution faced by urban communities with traffic borne smog. it’s not just a kind of respiratory problem, but it’s also a cardiovascular problem. it’s not just young children’s and women’s problem but across all age groups — men and women — everybody’s impacted — it makes it the top most public health environment concern. In India alone some 3.5 million deaths a year are attributable to household air pollution. But she adds India’s economic growth and rising incomes has led to more families to seek alternatives to solid fuels, such as liquid petroleum gas. Atmospheric brown clouds (ABCs) over mega cities from Bangkok, Japan, China and throughout India, also extract serious costs to communities. China is reported to be increasing investment to curb severe pollution in major cities, both the capital and regionally. But U.N. scientists say more must be done than merely punishing polluters. They say the challenge lies in ensuring there is the political will to enforce existing environmental laws and cooperate on cross border problems such as smoke haze and other atmospheric pollution. Air pollution in India It is quite a serious issue with the major sources being fuelwood and biomass burning, fuel adulteration, vehicle emission and traffic congestion. In autumn and winter months, large scale crop residue burning in agriculture fields – a low cost alternative to mechanical tilling – is a major source of smoke, smog and particulate pollution. The National Green Tribunal directed Delhi and its neighbouring States Punjab, Haryana, Rajasthan and Uttar Pradesh to stop the age-old practice of straw burning recently. India has a low per capita emissions of greenhouse gases but the country as a whole is the third largest after China and the United States. A 2013 study on non-smokers has found that Indians have 30% lower lung function compared to Europeans. The Air (Prevention and Control of Pollution) Act was passed in 1981 to regulate air pollution and there have been some measurable improvements. However, the 2014 Environmental Performance Index ranked India 155 out of 178 countries.In which Air quailty is ranked 174 out of 178 countries.
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