How to write a Petition

How to write a complaint or a  petition to the Commissioner for Persons with Disabilities under The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

Under the Act, there is a provision of Chief Commissioner- Disabilities at the Central level and State Commissioners at the State level. If your matter/grievance relates to Central Government /Institutions under the Central Government/ PSUs etc. you can directly write a petition under Section 59 of the Persons with Disabilities Act and present the same to the Commissioner either  in person/or through a representative/ or through registered post/ or through an email  at the following address :


Chief Commissioner for Persons with Disabilities

Sarojini House, 6 Bhagwan Dass Road, New Delhi 110001
Phone No : 91-011 - 23386154, 23386054
Fax: 91-011-23386006
email: ccpd@nic.in

If the matter relates to State Governments/ Bodies under the State Goverment, you can write a petition under section 61 of the Persons with Disabilities Act 1995 to the respective state commissioners, the list of which is available at "State Commissioners for Persons with Disabilities":


How to send


You may send the petition by Registered Post/ Speed Post/ Email, Fax or even on telephone to the Chief Commissioner. However, in certain states, a written complaint is more preferred than a telephonic complaint.


For any query, write to subhashvashishth@gmail.com


Here are two samples one for ordinary complaint and other for specific complaint on inaccessibility of govt. website.



A.  Sample of an Ordinary Complaint/ Petition to Disability Commissioner



IN THE COURT OF CHIEF COMMISSIONER- PERSONS WITH DISABILITIES / STATE COMMISSIONER PERSONS WITH DISABILITIES (NAME OF STATE)
ADDRESS OF THE COMMISSIONER

In RE:

Name of complainant with full address                        ....Complainant/ Petitioner

Versus

Name of the  person (s) and organization(s)
against whom you are making your complaint,
together with their address and details,
so far as they can be ascertained.                               .... Respondent


Subject: COMPLAINT UNDER SECTION _____ OF THE DISABILITIES ACT 1995
(Section 59 in case of Chief commissioner and Section 61 in case of State Commissioner)

1. Provide brief details of yours and the nature of your disability. You must enclose a copy of your Disability Certificate from a valid authority. (The Act considers you a person with disabilities if you have 40 or more percent disabilities duly certified by medical board). If you don't have a certificate, you can make a statement to that effect.

2. The facts relating to the complaint as in What happened; When it happened; Where it happened; how is contravenes the Disabilities Act of 1995

3. Prayer/ Relief being claimed by you.

4. Documents in support of your claim/releif. (please note that you must be able to give documents in support of the allegations contained in the complaint.) and also enclose a copy of your disability certificate issued by competent authority.



Yours faithfully,


Signature with your contact details /email id and mobile number etc.
Petitioner

Verification:

Verified at _______(place) on ________ (date) that the contents of above petition are true to the best of my knowledge and that I have not suppressed any material facts.

Petitioner

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B.  Sample of a Petition against inaccessible website of Govt. department



   IN THE COURT OF CHIEF COMMISSIONER- PERSONS WITH DISABILITIES
/ STATE COMMISSIONER PERSONS WITH DISABILITIES (NAME OF STATE)
(ADDRESS OF THE COMMISSIONER)

In RE:

   Name of complainant with full address
   / email/ phone                                                                     ...Complainant/ Petitioner

  Versus

Name of the person (s) and organization(s)
against whom you are making your complaint,
together with their address, email, phone number etc
and details, so far as they can be ascertained.                      .... Respondent (s)

Subject: COMPLAINT UNDER SECTION _____ OF THE DISABILITIES ACT 1995
(Section 59 in case of Chief commissioner and Section 61 in case of State Commissioner)

Respectfully showeth,
  1. That the petitioner is a …………………………….
  2. The petitioner through this petition wishes to bring to your notice that the respondent’s website www………………………………………………. is inaccessible for persons with disabilities which contravenes the  Non-Discrimination provisions of the Disabilities Act.  In particular the documents / PDF uploaded on the website for public information are inaccessible and do not meet the criteria of  “Open Document/ PDF Accessibility” (http://www.w3.org/TR/WCAG20-TECHS/pdf.html). A copy of the W3C validation report in respect of the said website is enclosed for your ready reference. 
  3. It may be pertinent to note that the NIC guidelines known as the Guidelines for Indian Government Websites (GIGW)  (http://darpg.gov.in/darpgwebsite_cms/Document/file/Guidelines_for_Government_websites.pdf)  mandate that all Government websites should conform to the international accessibility standards, the World Wide Web Consortium (W3C) and the Web Content Accessibility Guidelines (WCAG) 2.0.
  4. That persons with disabilities use different assistive technologies to browse the web. However, if the websites or documents are not constructed as per the Web Content Accessibility Guidelines (WCAG), the assistive technology fails to read them thus barring a person with disability from accessing the website on an equal basis with others.
  5. That India signed the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007  and ratified it a few months later. The State is therefore obliged to proactively promote digital inclusion of persons with disabilities.
  6. With the movements like OGPL (Open Government Platform http://ogpl.gov.in/) to promote Transparency and Citizen Engagement showing the way for enhanced information sharing, such  glaring omissions render the entire efforts futile.
Prayer/ Relief

In view of the foregoing, the petitioner humbly prays for:
(a)  Suitable time bound directions to the respondent to comply with the mandatory provisions of the law and make their website accessible to all.
(b)  The present case be not disposed off until the directions are complied with.
(c)   Such further directions/ orders as may be found just and proper to meet the ends of justice in the present case.
Petitioner

Verification:

Verified at _______(place) on ________ (date) that the contents of above petition are true to the best of my knowledge and that I have not suppressed any material facts.



Petitioner