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My Story featured in 20 Stories of Change
Riitesh Sinha
Karnal, Haryana
Raikamal Roy
Riitesh Sinha is no stranger to painful assumptions about his disability. After successfully completing an undergraduate degree in science, and a post graduate diploma in computer application, in 1995, he would be dismissed offhand even before being considered for work by anNGO working with people with cerebral palsy. Riitesh's father, hopeful that the NGO would assist his enterprising son in getting a job, was told that it was unthinkable for a person with cerebral palsy to be gainfully employed. 'Such is an attitude of people towards persons with cerebral palsy,' says Riitesh,indicating a serious lack of awareness in the public about the capabilities and potential of people
with disabilities. Riitesh, undaunted, went on to start his own training centre, where he
administered computer training. 'I began a computer training centre in order to teach the basics of
computers. Initially, doubts arose about my ability to teach, but my grip on the subject and dedication
to teach, won me many students who still regard me as an excellent teacher. I also built myself a foot
operated tricycle that helped me with my mobility,' he says. In early 2010, the District and Sessions
Court, Karnal, invited applications for the post of clerks, declaring that of the 71 slots
available, one would be made available for people with disabilities, in accordance with the Persons
with Disabilities Act, 1995. Riitesh applied and successfully cleared all the selection processes,
was selected, and joined later the same year. Prior to taking up his appointment, Riitesh also
underwent a mandatory physical examination, where the degree of his disability was confirmed, and
he was deemed suitable for office work under the disabled category.
Within three months of his appointment, in a move unanticipated by Riitesh and his family, he was
served a termination letter. The employment officials of the court who delivered Riitesh's
termination order took advantage of the probation period rules, which allowed them to end the
contract without citing any reasons. Riitesh, refusing to accept his employers' decision, took matters up
with the High Court of Punjab and Haryana.
In response to Riitesh's allegations of unfair dismissal, dark aspersions cast by his employers
about Riitesh's ability to work started to emerge. Officials in Riitesh's workplace alleged that they had
no choice but to dismiss Riitesh—this was due to his lack of performance, and not his disability.
He was, they would go on to state, despite their best efforts, not equipped to perform within his role.
Arguing that they were within their rights to terminate Riitesh's employment, his employers stood
their ground.
A telling excerpt from Riitesh's case history reveals the myopia of his employers—'Every effort was
made to accommodate the petitioner at the work place and his co-workers and other officials had
rendered every help to him throughout at every step and at every moment but without any result,' his
employers argued. In a circular argument that bit its own tail, Riitesh's employers would assert
repeatedly that it wasn't Riitesh's disability that was grounds for his dismissal, but his performance.
They would hold on to their standards of merit, while ignoring the genesis of those standards and the
implicit privilege towards non-disabled people they contained. While mechanically interpreting the
Disability Act 1995, Riitesh's employers ignored the spirit in which it was passed, and the
security and protection it promised. Even though they implemented the reservations they were
required to, lack of sensitivity towards the living realities of people with cerebral palsy ensured that a
conducive working environment could not be produced. Riitesh, already working under stressful
conditions, was now asked to bear the burden of the system's failure to accommodate him.
During litigation, evidence of Riitesh successfully clearing his exams during the application was
leveraged to illustrate that not only was Riitesh sufficiently equipped to handle the work he was
supposed to do, he also cleared the examinations and interviews well enough to rank 26 among a total
of 63 selected. Not only was Riitesh eligible and fit to work, he was also significantly ahead of a
majority of his nondisabled peers. Moreover, the medical test prior to joining, too, declared him
fit for employment under the requirements specific to the disabled category.
In court, the response from Riitesh's employers would be dismissed—having advertised for and
cleared candidates with disabilities, they could not then deny continued employment in the very posts
the candidates had successfully won. The error, the court saw, was not in Riitesh's inability to perform,
but in his employers' inefficacy in ensuring compliance with the standards they themselves had set in
accordance with the act.
While litigation continued, the court issued a stay order on Riitesh's dismissal and he rejoined service
until the judgment was passed. Dissatisfied, and unhappy with the allegations against him, Riitesh
made a compelling and somewhat untoward request to the court—'I was discussing the case with my
father and told him that High Court should call me for a practical test and the matter shall be finalized
there and then,' says Riitesh. In an unorthodox move, the court, for the first time in the country,
ordered a fitness examination for a petitioner, earning Riitesh an entry in the Limca Book of
Records. Riitesh passed the court-ordered test, leaving no grounds for his employers to object to
his employment, and leading to a final and definitive invalidation of his termination order. Riitesh's
case is an instance of how the intent of the act—its considerations for accessibility and full
participation—when given due consideration, leads to better and more effective implementations of the law.
'My winning the case in the High Court has paved a way for the employment of disabled persons,
particularly persons with cerebral palsy', says Riitesh. It also ensured that future instances of
discrimination could be prevented and the very same office that saw Riitesh as in need of help, now
goes to him for assistance. 'Now, in office, I am sought after by my colleagues and I resolve all
technology related issues,' he declares.
"Earlier this year, Riitesh was given an honorary doctorate in Computer Science by the Indian
Virtual University for Peace, as a recognition for this work in the field."
Source: "20 Stories of Change" by NCPEDP, New Delhi
Tuesday, June 7, 2016
My story featured in thebetterindia.com
Academic, Teacher, Inventor – This Man Suffering from Cerebral Palsy Plays Many Roles to Perfection
Consummate student. Creative innovator. Attentive teacher. Model employee. Recipient of Cavinkare Ability Award. Limca Book Record holder. Honorary Doctorate holder. Many achievements, one name – Riitesh Sinha.
Dr Riitesh Sinha hails from Karnal. The 43 year old’s list of achievements is awe-inspiring, particularly in light of the fact that he suffers from spastic cerebral palsy.
Riitesh believes in living life to the fullest
Cerebral palsy is a group of permanent movement disorders that appear in early childhood. They result in poor motor skills, stiff or weak muscles and tremors, making simple movement painful and simple tasks time-consuming.
Yet, Riitesh was never one to be cowed down by circumstances. He had just passed with flying colours from his CBSE school (securing 75% in his board exams) when his quest for independence led to him invent his own ‘trike.’
“Throughout my school life, my parents had to take me to school and other places. I was entirely dependent on them,” recounts Riitesh. It was when he was watching a video on science that the idea of making a trike struck him:
“After two years of research and with very little expertise available in a small place like Karnal, I got modifications done on a normal cycle. I added a foot pedal that helped me steer the cycle and balance myself. The trike is affordable and very convenient to use.”
Soon Riitesh was using the trike to get around town, often going as far as 10 km all on his own – a noteworthy achievement and freeing experience for someone who was forced to depend on others to get around earlier. Teaching in nearby villages as a part of literacy campaigns became easier with the trike, as did attending his B.Sc classes in Kurukshetra University. Says Riitesh, “The trike gave me wings! And I was glad that this was my own innovation.”
“It even helped me bunk classes,” he jokes. “After all, bunking classes is a part of leading a fulfilling college life!”
Riitesh on the trike he invented himself
With the help of supportive teachers and friends – “All my classes were arranged on the ground floor. I never once had problems of accessibility” – Riitesh completed his B.Sc. That, however, was only the beginning of his academic journey. He went on to do a Post-Graduate Diploma in Computer Application, a Certificate in Computing from IGNOU, a Masters in Technology from Manipal Academy of Higher Education, and a Diploma in Naturopathy from Nature Care Institute, Nashik.
Next, Riitesh opened a computer centre that was affiliated with the National Institute of Open Schooling. Here, he taught children – and some interested adults – the basics of computers.
Over a period of ten years, he introduced more than a 1000 students to the world of computers.
In 2011, Riitesh landed a job at the Districts & Sessions Court in Karnal. “But after a few months, I was ousted from the job on the grounds of my disability,” he recounts. “I then approached the High Court with my case. The Court asked me to submit to an ability test. I did and I won the case. The Court quashed my termination order.”“Since it was the first time in the history of the High Court that a physically challenged person was asked to undergo an ability test, my name is in the Limca Book of Records,” says Riitesh.
His win went on to positively influence several other cases as well.
Today, he works with the Karnal District & Sessions court and is responsible for maintaining digitised records.
Riitesh winning the CavinKare Ability Award
Riitesh also runs a blog called ‘Riitesh’s Mudraa.’
“I was reading a story about a yogi and how he benefitted from the practice of yoga. I started practicing it myself and found great relief…my body stiffness went away. I decided to help others discover this too,” Riitesh says. The blog lists mudraas and practices that can provide relief to people suffering from cerebral palsy and Parkinsons.
Ask him about the greatest struggle physically challenged people in India face and pat comes the reply: “Social stigma.”
“In India, our society thinks that physically challenged people are useless. We are not even treated as proper human beings. There are easily 25 lakh Indians who suffer from cerebral palsy, and yet, very few of them get jobs. I believe that if we remove this social stigma, more than 80% of physically challenged people can lead more fulfilling lives,” Riitesh explains.
“People refer to cerebral palsy as ‘CP’. I believe that CP stands for ‘Capable Person’ – we can do anything that others can,” says Riitesh.
As his sister Anila says, “For a man who finds it difficult to hold a pen, who finds it difficult to wear clothes, who sometimes takes as long as two hours to brush his teeth… the fact that such a man has achieved so much is truly inspirational.”
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