Friday, July 17, 2015

Unexpected negative type of dealings by NHRC/India:- Justice delayed to an extreme Old Aged Paralyzed Disabled, can’t move without escorts:-

 




DECLARATIONS OF HEAD OF THE STATE FOR RENDERING HELP / ASSIST TO DISABLED PERSONS – VIRCUALLY RULED OUT BY….  [INDIAN RLY NEGLECTED / IGNORED AGED PWD - JUSTICE IGNORED / NEGLECTED BY N H R C  OF INDIA]


PLACED BEFORE:  P.MUKHERJEE, PRESIDENT OF INDIA &

                                     NARENDRA MODI, PRIME MINISTER OF INDIA


IT IS TO STATE THAT ON THE EVE OF EVERY INTERNATIONAL DAY FOR DISABLED PERSON 3RD DEC YOU HAD EXPRESSED YOUR DEEP CONCERN FOR DISABLED PERSONS AND ASSURED HELP / ASSISTANCE BY GOVT / SEMI GOVT ORGANIZATIONS. BUT IT IS A PAINFUL EXPERIENCE THAT NONE OF THE GOVT. OR SEMI GOVT CONCERN ARE WILLING TO RENDER HELP OR ALLOW CONCESSION TO PWDS INSPITE OF GOVERNMENTS DECLARED SYMPATHIC ATTITUDE TOWARDS DISABLED PERSONS. IN CLEAR TERMS IT CAN BE SAID THAT ALL THIS ORGANIZATIONS STRAIGHT WAY DARE TO DISREGARD ASSUARANCE, DECLARATIONS MADE BY THE HIGHEST AUTHORITY OF THE GOVERNMENT. EVEN IT IS NOTICED THAT THE SECRETARY DDA OF SJE MINISTRY WHO HAS BEEN POSTED TO TAKE CARE OF PERSONS WITH DISABILITY [PWD] IS UNABLE TO PROVIDE ANY ASSISTANCE TO PWDS. INNITIALLY IT WAS NOTICED THAT SECY. DDA PERSONALLY TOOK INTEREST TO FINALIZE SOME LONG OUTSTANDING CASES BUT FAILED TO DO ANYTHING DUE TO EXTREME NON COOPERATION BY THE COUNTERPARTS.

FOR BETTER APPRECIATION SOME SPECFIC CASES ARE BROUGHT TO YOUR KIND NOTICE WITH SUFFICIENT DOCUMENTS, CORRESPONDENCES BETWEEN THE PARTIES, & OTHER RELEVANT DOCUMENTS TO EXAMINE AND DO NEED FUL SO THAT TO PROVE THAT YOUR DIRECTIVE TOWARDS PERSONS WITH DISABILITY. IN CASE OF ANY DOUBT PLEASE CALL FOR PAPERS QUOTING YOUR NAME, DESIGNATION & OFFICE PARTICULARS ETC FOR NECESSARY ACTION.

AMONGST SEVERAL CASES ONLY ONE CASE IS PLACED AT THE POST SO AS TO ISOLATE EACH CASE FROM OTHER:-

CHINMAY KAR, 30..8.2015, chinmaykar@yahoo.co.in


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To all concerned NHRC referred to earlier

UNABLE TO UNDERSTAND REASONS WHY NHRC OF INDIA COULD NOT ENTER INTO THE CASE MADE AGAINST INDIAN RAILWAYS REGISTERED WITH NHRC/INDIA AS EARLY AS ON 06.01.2014 VIDE NO. D. No. 1413453. THIS IS AN ISSUE WELL KNOWN TO NHRC CONTINUOUSLY FOR PAST 5/6 YEARS I.E. NOT A BRAND NEW CASE. NHRC REFERRED TO RAILWAYS SEVERAL TIMES BUT RAILWAYS NEVER BOTHERED RATHER WILFULLY IGNORED REFERENCE MADE BY NHRC. NHRC'S REPLY / REMARKS ARE ESSENTIALLY REQUIRED SO THAT THE SAME MAY BE DISCUSSED IN DETAIL BY EXPERTS AND FURTHER FOLLOW ACTIONS CAN BE INNITIATED. URGENT REPLY REQUESTED. MORE ELECTRONIC VALID DOCUMENTS WILL BE PRODUCED ON REASONABLE  DEMAND. THANKS TO EVERY ONE

 Chinmay Kar चिनमय क़र
 12th August'2015

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Unexpected negative type of dealings by NHRC/India:- Justice delayed to an extreme Old Aged Paralyzed Disabled, can’t move without escorts:-
Complain cum Claim on Indian Railways – Case lodged with National Human Rights Commission, India- New Delhi: D No. 1413453 dated. 06.01.2014
To be continued…. Meanwhile see the correspondences

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[Attachment(s) from Chinmay Kar included below]

Disabler's Desk - I am a Retd.  Sr. Citizen (70+yrs), CVA, Hemaparasis Disabled (60%), right side of body fully paralyzed, cannot move out side with out an escort but can only operate computer / internet with unusual left hand to communicate rest part of world especially in connection with social welfare works for betterment to old age disability and disabled persons Received 17 Railway Awards during later part services at Metro Railway-Kolkata - Chinmay Kar

[A CASE OF SR.CITIZEN, PARALYZED DISABLED, CANNOT MOVE OUT SIDE W/O ESCORT & fully dependent on e-governance system]
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National Human Rights Commission
New Delhi, India.
C/to: all concerned in & abroad addressed earlier.
Mananiya Mahoday,
Sub: Complain cum Claim on Indian Railways arising out of Reminder No.
        168 to Railways and your Commission vide letter dt.10.12.2013
        (Copy at attachment for ready reference)
Ref:  My mail to all of you dated 19.06.2015
Kind attention is once again invited to the submission made by this Aged Paralyzed Disabled Person who cannot move outside (as detailed at the top) as no action appears to have been taken to ensure proper justice to the victim although commission is well aware of the entire issue & development for the past 4/5 years. i.e. not a new case to the commission. Under the circumstance reason / no reply / silence etc on the part of NHRC could not be expected. As National Human Rights Commission of India, New Delhi is well conversant of the captioned issue over the years on record it is earnestly requested to enter into reference immediately so that this aged extreme disabled person can get justice before he passes away. Thanking you Namaskaram,
Please see Attachment for ready reference.
 Chinmay Kar चिनमय क़र
 13th July'2015



----- Forwarded Message -----
From: Chinmay Kar
To: “Justice Shri K.G. Balakrishnan” ; "jrlawnhrc@nic.in" ; "nhrc.india@nic.in" ; “Dspd Enable” ; "crpd@ohchr.org"
Cc: "sgnhrc@nic.in" ; H.R. ; Humanright-delhi ; "dsr.nhrc@nic.in" ; "dg-nhrc@nic.in"
Sent: Friday, 19 June 2015 9:56 AM
Subject: Fw: D No. 1413453 dt. 06.01.2014 * Complain cum claim on Indian Railways arising out of Reminder No.168 to Railways with INHRC


Disabler's Desk - I am a Retd.  Sr. Citizen (70+yrs), CVA, Hemaparasis Disabled (60%), right side of body fully paralyzed, cannot move out side with out an escort but can only operate computer / internet with unusual left hand to communicate rest part of world especially in connection with social welfare works for betterment to old age disability and disabled persons Received 17 Railway Awards during later part services at Metro Railway-Kolkata  - Chinmay Kar

[A CASE OF SR.CITIZEN, PARALYZED DISABLED, CANNOT MOVE OUT SIDE W/O ESCORT & fully dependent on e-governance system]
WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW

National Human Rights Commission
New Delhi, India.
C/to: all concerned addressed earlier.
Mananiya Mahoday,
Sub: Complain cum Claim on Indian Railways arising out of Reminder No.
        168 to Railways and your Commission vide letter dt.10.12.2013
        (Copy at attachment for ready reference)
Ref: NHRC’s disposal letter No. 1565/30/0/2014/OC dt. 04.04 / 08.05. 2014
        On Complain cum Claim lodged NHRC vide D No. 1413453 dt. 06.01.2014 & reminder
        to you dated 30.05.2014 & 27.10.2014 placed below for ready reference..
You are already aware that the undersigned extreme paralyzed disabled, aged over 70 yrs, and can’t move outside without escorts have moved a case as mentioned above over the years i.e. from 2009 to 2014 with Railways, duly endorsing copy to you in most occasions till formal complain cum claim letter registered with you on 06.01.2014. You might have noticed that although several references have been made by your office to railway but they have not responded rather it may be said they have neglected request made by the commission.
Under the circumstance and especially keeping in view THAT THE ENTIRE WORLD, INCLUDING GOVT. OF INDIA OBSERVINGWorld Elder Abuse Awareness Day- 15.6.2015you are requested to kindly enter into the case and publish your valued award so that this poor extreme disabled gets some relief at the fag end of his life & oblige. Namaskaram,


 Chinmay Kar चिनमय क़र
 19th June '2015


Due to extreme disability reasons E- governance correspondence solicited]
[Available on Skype, gtalk & Webcom]
chinmaykar@yahoo.co.in 
kyinu1955@ gmail.com
Visit respective Web site for more details:  
Human Right Activist- Yahoo Group, Active Member Disability International Friendship Forum, Humanist Party of India , DAND, NCHRO, ADR. Member all leading Disabled forum around the world, Member Disabled group- Facebook, Twitter, MySpace, Linkedin, Orckut etc etc & Ex. President (for a decade up to 21.02.03 - become hemaparasis disabled) of Siddeswari Kali Mandir & Seva Sangha, Gandhipalli, Bongaon, North-24 Parganas,West Bengal, India. 
Paschinmara, Bongaon, North 24 Parganas,  Pin: 743235 , India.{Permanent Residence)
 Kolkata address on medical consideration: 3, Panchanantola Road (G.Floor), Paschimputiary, Kolkata – 700041 [Both the address in force]
Please see all Attachments
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----- Forwarded Message -----
From: Chinmay Kar
To: “Justice Shri K.G. Balakrishnan” ; "nhrc.india@nic.in" ; “Dspd Enable” ; "crpd@ohchr.org"
Cc: "jrlawnhrc@nic.in" ; "dsr.nhrc@nic.in" ; enable uno ; HR-Yahoo
Sent: Monday, 27 October 2014 10:10 AM
Subject: Fw: Complain cum claim on Indian Railways arising out of Reminder No.168 to Railways with INHRC



Disabler's Desk - I am a Retd.  Sr. Citizen (69+yrs), CVA, Hemaparasis Disabled (60%), right side of body fully paralyzed, cannot move out side with out an escort but can only operate computer / internet with unusual left hand to communicate rest part of world especially in connection with social welfare works for betterment to old age disability and disabled persons Received 17 Railway Awards during later part services at Metro Railway-Kolkata - Chinmay Kar 
[A CASE OF SR.CITIZEN, PARALYZED DISABLED, CANNOT MOVE OUT SIDE W/O ESCORT & fully dependent on e-governance system]
WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW

R E M I N D E R
National Human Rights Commission
New Delhi, India.
C/to: all concerned addressed earlier.
Mananiya Mahoday,
Sub: Complain cum claim on Indian Railways arising out of Reminder No.
        168 to Railways and your Commission vide letter dt.10.12.2013
        (Copy at attachment for ready reference)
Ref: NHRC’s disposal letter No. 1565/30/0/2014/OC dt. 04.04 / 08.05. 2014
        On Complain cum Claim lodged vide D No. 1413453 dt. 06.01.2014 & reminder
        dated 11-08-2014.

This is not a new case to NHRC and formal claim & complain lodged vide registration D No. 1413453 dt. 06.01.2014. As such it is not understood why the case has been refereed to Railways once again when Railways did not reply to your earlier letters i.e clearly ignored NHRC.

Unnecessary killing time to an old aged disabled person could not be appreciated. Early justice solicited. Thanks
 Chinmay Kar चिनमय क़र
      27-10-2014

Detail address placed below may be seen


On Friday, 30 May 2014 12:16 PM, Chinmay Kar wrote:




Disabler's Desk - I am a Retd.  Sr. Citizen (69+yrs), CVA, Hemaparasis Disabled (60%), right side of body fully paralyzed, cannot move out side with out an escort but can only operate computer / internet with unusual left hand to communicate rest part of world especially in connection with social welfare works for betterment to old age disability and disabled persons Received 17 Railway Awards during later part services at Metro Railway-Kolkata but as a Retd. Disabled Sr.Citizen neglected  / ignored by all - Chinmay Kar 
[A CASE OF SR.CITIZEN, PARALYZED DISABLED, CANNOT MOVE OUT SIDE W/O ESCORT & fully dependent on e-governance system]
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Not necessary as this letter is addressed to Chairperson NHRC
[AT INITIAL STAGE OF OUR GOVT.SERVICES EARLY 1960’S FEW LEFT BRITISH & INDIAN ADMINISTRATORS USED TO ADVISE US NOT TO DEAL CASES LIKE POST OFFICE BUT UTILIZE BRAIN. ADDRESSEE OFFICERS ARE ALL HIGHLY PAID, VAST QUALIFIED ADMINISTRATORS & AS SUCH IT CAN BE EXPECTED THAT THESE PERSONS WILL EXCERSIZE THEIR BRAINS TO DEAL INSTANT CASE ON MERIT AND NOT MERELY DISPOSES LIKE POST OFFICE, PETTY CLERICAL USELESS FORWARDING BUSINESS CONSUMES TIME ONLY]


To
National Human Rights Commission
New Delhi, India.
C/to: all concerned addressed earlier.
Mananiya Mahoday,
Sub: Complain cum claim on Indian Railways arising out of Reminder No.
        168 to Railways and your Commission vide letter dt.10.12.2013
        (Copy at attachment for ready reference)
Ref: NHRC’s disposal letter No. 1565/30/0/2014/OC dt. 04.04 / 08.05. 2014
        On Complain cum Claim lodged vide D No. 1413453 dt. 06.01.2014
This old aged retired, senior citizen, CVA, Hemaparasis Disabled cannot move without escorts (as detailed at the top of letter head) prayed to Indian Railways to allow his attendant cum escort to travel with him in the same compartment on his traveling authority of pass owing to extreme physical constraints since June’2009 onwards. Indian Railways even though 168 (one hundred sixty eight) reminders cum justification covering every aspects issued to railways duly endorsing copies for information of PMO, NHRC, UN Enable, etc , but Indian Railways simply neglected, ignored, insulted, differentially treated this old aged extreme disabled person even by not responding in any way. Details of item wise complain and claim compensation made to Indian Railways vide my letter dated 22.12.2012 followed by series of reminders neglected, ignored by railways may be seen. Incidentally it is to mention that National Human Right Commission against NHRC Registration No. 5907 / 30 / 3 / 2013, 117 / 25 / 5 / 2013 & 111 / 25 / 5 / 2013 , etc referred the issue  to  Railway Board but railways have simply neglected NHRC’s directive.  It is however to state that both the railways and the commission ill not be able to say that they have not received all reminders up to 169 (by Rlys) and beyond 136 & up to 169 (by NHRC)
Considering all the aspects and as this extreme disabled can’t move outside to chase or represent, a formal Complain & Claim lodged with NHRC D.No. 1413453 dated 6th January’2014 followed by subsequent relevant requisite. I was hopeful that this extreme disabled will get proper judgment from National Human Right Commission of India before his departure from this globe. In view of the circumstance explained at above sorry to say that I am not interested to get a reply from railways.
In view of the circumstance explained in detail at above, directive of the commission that “The complaint be transmitted to the concerned authority for such action as deemed appropriate. The authority concerned is directed to take appropriate action within 8 weeks and to inform the complainant of the action taken in the matter.” is painful to me. Complete set of documents in all respect are already available with you for examination, verification, scrutiny & further action.
Hope the commission will consider the physical position of the case matured in all respect for an extreme disabled person and do justice on humanitarian consideration and oblige. Namaskaram,

Chinmay Kar चिनमय क़र
     30th May'2014


Due to extreme disability reasons E- governance correspondence solicited]
[Available on Skype, gtalk & Webcom]
chinmaykar@yahoo.co.in 
kyinu1955@ gmail.com
Visit respective Web site for more details:  
Human Right Activist- Yahoo Group, Active Member Disability International Friendship Forum, Humanist Party of India , DAND, NCHRO, ADR. Member all leading Disabled forum around the world, Member Disabled group- Facebook, Twitter, MySpace, Linkedin, Orckut etc etc & Ex. President (for a decade up to 21.02.03 - become hemaparasis disabled) of Siddeswari Kali Mandir & Seva Sangha, Gandhipalli, Bongaon, North-24 Parganas,West Bengal, India. 
Paschinmara, Bongaon, North 24 Parganas,  Pin: 743235 , India.{Permanent Residence)
 Kolkata address on medical consideration: 3, Panchanantola Road (G.Floor), Paschimputiary, Kolkata – 700041 [Both the address in force]

wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww


To Minister RailwaysNarayanswami: Ramanujamnhrc.india@nic.inHR-Yahoo

  10Dec 2013

Disabler's Desk - I am a Retd.  Sr. Citizen (69+yrs), Hemaparasis Disabled (60%), right side of body fully paralyzed, cannot move out side with out an escort but can only operate computer / internet with unusual left hand to communicate rest part of world especially in connection with social welfare works for betterment to old age disability and disabled persons Received 17 Railway Awards during later part services at Metro Railway-Kolkata but as a Retd. Disabled Sr.Citizen neglected  / ignored by all - Chinmay Kar 
[A CASE OF SR.CITIZEN, PARALYZED DISABLED, CANNOT MOVE OUT SIDE W/O ESCORT & fully dependent on e-governance system]
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REMINDER- 168- Dated. 10-12-2013
 [Silence for 3244 Days Since = 07-06-2009 ]
 
To
Sri. Mallikarjun Kharge
Minister of Indian Railways, Govt. of  India
Rail Bhavan,  New Delhi ,  India . (mr@rb.railnet.gov.in )
 
Sri. Adhir Ranjan Choudhury,
MOS –Railways. (adhir@sansad.nic.in )
Sri. Arunendra Kumar 
Chairman Railway Board
Rail Bhavan,  New Delhi ,  India   (crb@rb.railnet.gov.in )
 
Copy to all Principle officers at Railway Board & all others- including persons referred earlier for kind information & necessary action. National Human Right Commission against NHRC Registration No. 5907 / 30 / 3 / 2013, 117 / 25 / 5 / 2013 & 111 / 25 / 5 / 2013 
 
 [THIS BEING VIEWED BY EVERY ONE HENCE NO SPL. ATTN. INVITED]
 Priyo Mahoday,
  
Sub:  A very simple prayer on Humanity ground by a Retd. Disabled, Sr.Citizen of  India , Humanitarian prayers made through 149 letters / reminders sufficiently available with you may kindly be connected seen. [ In case if you are unable to response for whatsoever reasons then please convey on behalf of Indian Railways that “Railway authority itself is Disabled hence can not render help / assist a Senior Citizen, Paralyzed Disabled who cannot move outside with out an escort”.]  Please see the subjects of reminders 100 onwards only at annexure, so that you need not go through letters to study case.
 Ref: [1] Kindly see attachment: A self detailed prayer made through100th reminders to you.
        [Details of 100+ reminders with all other imputes already available with you in sufficient numbers.]
 
It is hoped that some fine morning some kind hearted administrative authority may think twice and deny arguments placed before you…….. keeping in view the theme of INTERNATIONAL DAY FOR DISABILITY – 2012 Excuse me for inviting your kind attention to the prayers made to Railway Minister during Miss Mamata Banerjee’s  period for consideration of allowing my escort to accompany me in coach I am traveling owing to my absolute disability and allied reasons. Prayer has been made purely on humanitarian, religious, absolute disability & pilgrimage reasons by a Retd. Sr.Citien, Extreme Disabled / Disability person at the fag end of his life for due consideration as a token of cognition of services rendered, appreciated by Railways through 17 awards. I am well aware that existing rules does not cater such provision but rules are made by human being only & not by Lord God or treated as provision of Bible, but necessity, justification demands change, amendment, consideration on humanitarian reasons. Hope Government of India acting through the Railway Ministry will not debar this aged couple (ornamentally termed as Senior Citizen of India) in performing their religious intentions already narrated before you & your predecessors. In this respect it will not be out of place to mention that expenditure likely to be incurred in allowing the prayed issue will be absolutely negligible from finance point of view and as such there should be no reason to hold on decision for indefinite time. Incidentally with an intention to visit Ma Tara Temple at Tara pith, Kamrup Kamakhya at Gauhati, Tirupati Devasthanam, Hardwar etc to offer Puja for betterment of all of us submitted pass application to GM / M.Rly / Kolkata during past three years.  Sorry till date since no directive issued from Rail Board’s office, escort could not be included in pass by concerned GM. All religious programmed made had to be cancelled on account of railways. Thus continuously debarred to perform religious obligations at the fag end of life which is virtually my constitutional right. Kind attention is also invited to Declaration on the Rights of Disabled Persons Proclaimed by General Assembly resolution 3447 (XXX) of 9 December 1975  / 2007 especially matters pertaining to Differential Treatment to a PERSON WITH DISABILITY , please see link:http://www.ohchr.org/EN/ProfessionalInterest/Pages/RightsOfDisabledPersons.aspx  . Hope you will be kind enough to study the entire situation & issue suitable instructions as prayed for to the concerned GM / M.Rly /Kolkata., copy to undersigned as immediately as possible and oblige. Kindly don’t hesitate to tell your constraints if any. Escort will be chosen by PWD himself. Incidentally it is mentioned that the delay resulted deterioration of my disability which may kindly be noted. A separate formal reference in this regard has been made with present CRB Sri.V.Mittal / Sri. Arunendra Kumar  for compensation payment in this regard vide letter dated 22.12.2012 may be seen and immediate necessary action is taken. It may kindly be noted that by allowing time the appeal made for escort will have a corresponding raise of amount claimed as compensation for rupees one and half lakhs per year or a part thereof..
 Namaskaram,
  
Attachment: Compensation claim [Copies already available with you]
 
Chinmay Kar 10th Dec’2013     REMINDER- 168
[Due to extreme disability reasons E- governance correspondence solicited]
[Available on Skype, gtalk & Webcom]
chinmaykar@yahoo.co.in 
kyinu1955@ gmail.com
Visit respective Web site for more details:  
Human Right Activist- Yahoo Group, Active Member Disability International Friendship Forum, Humanist Party of India , DAND, NCHRO, ADR. Member all leading Disabled forum around the world, Member Disabled group- Facebook, Twitter, MySpace, Linkedin, Orckut etc etc & Ex. President (for a decade up to 21.02.03 - become hemaparasis disabled) of Siddeswari Kali Mandir & Seva Sangha, Gandhipalli, Bongaon, North-24 Parganas,West Bengal, India. 
 -à For all correspondences please use this address
[Paschinmara, Bongaon, North 24 Parganas,  West Bengal , India.{Permanent Residence)] [FOR CORRESPONDENCE PURPOSE TILL FURTHER NOTICE]
Kolkata address: Will be notified as and when I am available on medical consideration.
 
ATTACHMENTS
1. 100+ Reminder [Copies already available with you]
2.  Compensation claim letter dated 22-12-2012 [Copies already available with you]
3.   SUBJECT OF LETTERS WILL SPEAK FOR ITSELF 





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Attachment(s) from Chinmay Kar | View attachments on the web
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