Free Legal Advice on Indian Disability Laws

Legal experts and eminent jurists have often pointed out to a glaring void in the Indian Constitution, which we all view as the most comprehensive and voluminous among constitutions of the world. Are you wondering what it is?

The glaring miss is that the Indian Constitution did not incorporate provisions that are specific and necessary for the education and rehabilitation of disabled persons in India.

As per the report of the National Sample Survey Organization 2002 on 'Disabled Persons in India,' 55% persons with disabilities were illiterate. In a democratic country like India, this is an unacceptable fact and a glaring social lapse. 

While eminent social and legal activists have called upon the need for mainstreaming disabled children into the general education system in India, we still have far to go before it can be a reality. Inclusive education remains more of a vision on whitepapers and a top agenda on school board meetings but very few educational institutions in the country move forward on implementing this.

The following are some of the disability related laws in India:

The Mental Health Act 1987

This law pertains to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs and for matters connected therewith or incidental thereto.

The Rehabilitation Council Act of India (RCI, 1992)

This disability related law provides for the constitution of the Rehabilitation Council of India for regulating the training of rehab professionals and also for maintaining a Central Rehabilitation Register and other related issues.

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

This disability related law stipulates to set up a Central Coordination Committee and a Central Executive Committee at the national level, besides other things such as appointment of various functionaries throughout different states to ensure implementation of its provisions.

The National Trust (For Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities) Act 1999

This Trust aims to provide total care to persons who suffer from mental retardation, cerebral palsy and autism. The Trust supports programmes that promotes the independence and addresses the concern of special persons who have no means of family support. 

What are your thoughts on India's disability laws? Are they effective or toothtless? What social or legal initiatives can help us move forward on its implementations? Are there any interesting case laws from across the world that we can take inspiration from?

It would be great to hear your thoughts on this. Do write in to me. 

Bank Savings Account: What happens when it is inactive

This is a query that I get a lot from frustrated bank customers. Complaints range from "I have balance in my savings account but suddenly the bank made it inoperative" to "I never took a rupee from my savings account, how dare the bank make it inactive and now I cannot take a single paisa from it?"

Lets go through some basic facts relating to bank savings accounts and the laws that concern them:

1.As per RBI guidelines for both current and savings accounts, these are treated as inoperative if no transaction is conducted in a span of two years. In such cases, cheque book request, address change or ATM debit/credit card renewal will not be facilitated or activated by the bank.

2. Suppose a customer changed location, that will not make his savings account inoperative per se. All he needs to do is to contact his bank, provide the account details of his new bank account and get the balance transferred. The typical practice is to make sure that due diligence is conducted by the bank before facilitating the needful.

3. Even after a savings account turns inoperative, the interest will be credited to the said account on a regular basis. 

4. To start with, you have to act swiftly, write to the bank and ask for a written response as to why your savings bank account has been rendered inactive. The earlier you initiate the communication process, the better it is to build your case.

Free Legal Advice: What to do when your credit card statement is wrongfully inflated?

Do you use credit cards for your transactions? Here's some free legal advice: The interest on credit card rate is very high especially in India. Why? Because it is treated as the most costly form of debt. 

Free Legal Advice: What to do when your credit card statement is wrongfully inflated?

 If your credit card purchase statement is showing additional expenses that you are very sure you did not incur, you must take immediate action. Approach the credit card provider. Explain about the additional expenses. Show bills to prove excess if you have the disciplined habit of carefully filing all your monthly credit card bills. If the bank is convinced, they will do the needful. Make sure you tell them to send it in writing so that later, they can't turn around and say it's your imagination. Remember, when you are the debtor, you cannot legally go against the bank without sufficient proof.


Free Legal Advice: What to do when recovery agents harass you

There have been several cases in India that show how banks that issue credit cards send recovery agents to harass debtors at workplaces and to their homes to pressurize them to pay up. As per the latest RBI norms, such banks (if proven guilty of doing so) will be heavily penalized.

Course of action: If you have been harassed, insulted or you suffered mental agony because of recovery agents, you should immediately complain to the bank's nodal office in writing. Keep a copy for yourself. If there is no response for over a month, you should directly complain to the Banking Ombudsman in your area. Enclose proof of the first letter you wrote to the bank's nodal officer.

Credit card usage is increasing, so are related legal problems. Do you find these free legal tips helpful? I sure hope so!

Happy Holi 2013

Hi friends, it's been a very long time since I wrote a blog post here. There's been so much happening at Axess Legal Corp that I have not had time to sit down and write a good post. So, I thought to myself the least I can do is to update you on what's been happening at my end.

Here's what's been happening: 

1. My son Jyotiraditya turned 7 in March 2013. He had two Wenger cakes - one a Spidey face and the other with the number 7 on it. He had a great time celebrating it with friends.
2.  Axess Legal Corp had a great start right from 2013 and the going gets better. We hope to continue the good work that we are doing. Thank you all for the encouragement and support you've been sending out to ALC.
3. After a long time, I am taking a week off and going off to have some time off on my own to Bangalore. My nieces Aditi and Neha turn one this week and I don't want to miss the fun celebrating with the twins on their special D-day. Went shopping to buy them dresses - this was an interesting experience as I haven't had to shop for little girls before. But it was fun.  

Wishing everyone a very Happy Holi in advance! Enjoy with your loved ones!

Free legal advice: Employee can be fired for working during breaks

Recently, I was fascinated by a decision by the Ontario Human Rights Tribunal. An employee as dismissed for working through her break.  Doesn't this sound ridiculous? 

So lets break down the facts to understand it better. 

A sales person who has won numerous awards was given a 'final' warning in writing on account of her abrupt behavior with co-workers and for working beyond her usual hours. This implies that she would skip her breaks by coming back to the shop floor to work. Following this warning, she filed a complaint alleging that she was being given adverse treatment on racial grounds. Even before a hearing was held to look into her complaint, she was terminated. 

In this particular case, the employer's stance is that it has a right to fire an employee for working through a break. Legal issue that rose was: Did the employer fire the employee in retaliation for the complaint she had filed? 

Interestingly, the tribunal agreed with this point raised by the employer and held that the real reason of the dismissal was not a retaliation of any sort.

You can refer to this case in detail here.  

This decision raises several questions. Why should the employers be held liable as per Canada's laws for work that is performed by an employee during break hour? Is this legal approach justified? Does it protect the rights of all stake holders? What is its real objective? Obviously, it puts pressure on employers and adds a severe risk of dismissal to employees who want to work beyond the prescribed hours?

It would be interesting to know your thoughts on this Canada law decision. 

Canada's most famous case in 2012: Can you claim planets as your property?

In 2012, Canada's most-talked about case was that of Sylvio Langevin [refer to 2012 QCCS 613 (CanLII)] who claimed the Earth and other planets such as Mercury, Venus, Jupiter, Saturn and Uranus as his property. This report states that the case had been referred to more than 19,000 times. 

Here comes the funny bit. Langevin was too late to claim the 'Sun' as property because a Spanish woman had done so already! 

Given the peculiar claim, the applicant has been barred from filing further claims. This doesn't surprise me at all. 

What's the weirdest case you have ever read about? It would be fun to know.

Online law advice: Autism rate in Ontario and Gaps in Formulating an Action Plan

According to recent news reports, the autism rate in Ontario is estimated to be one in 88 children. In fact, the average age for a child to be diagnosed with autism in Ontario is 3. You can imagine how this can be a heart-breaking wait for parents, particularly as they would eb the first ones to notice and perhaps document the early signs at the time of birth itself. While all experts agree that a child who is diagnosed with autism requires to be put into treatment, parents cannot do so easily without funds from the state. Why? The answer is simple. Therapy for autism in Ontario requires them to shell out $60,000 for a year.

Despite promises by politicians to improve this grim scenario, there has been very little action in tackling this fast growing developmental disorder. Canada's Charter of Rights states that every Canadian citizen has access to equal rights, including people with disabilities. No one has any doubts that autism is a disability.While some say that Ontario is on the right track, many point out that enough is not being done to help or support the affected families.

What is worse, once given a diagnosis, the wait for services can be as long as four years — a damaging loss of time for a child.

Autism Therapy: The Way forward

Some of the simplest solutions are the toughest to implement. But I believe these can work wonders in bridging the gap between the waiting period and the actual treatment process :

1. Reduce the waiting period with planned medical intervention that can be spread out into diagnostic phases. The authorities will have to differentiate between how public and private therapy can enter this picture at varied time slots.

2.  Parents require a free therapy counselling system that provides them with integrated service solutions that will not cost them at all. 

3. As the age of the autistic child increases, parents will have to tackle crises after crises. There is an urgent need to develop proactive involvement between the parent and the counselor to find a tailor made action plan for the autistic child.

What is sad is that in India, the scenario is much more bleaks. There is rampant red tapism, procedural delays and many other factors that make it very difficult for parents of autistic children to give them fair opportunities. In fact, there isn't enough proven statistics on autistic children in India, what treatment processes they undergo and what the role of the government is in helping them move forward. 

We live in a world where laws appear more humane than the people.