PIL seeking necessary directions under the Rights of Persons with Disabilities

DB closes PIL with hope that Govt shall ensure adherence to laws

17/02/2021

Srinagar, Feb 16: In a Public Interest Litigation (PIL) seeking necessary directions under the Rights of Persons with Disabilities Act, so as to ensure dignity and equality to the persons who are differentiable, A Division Bench of J&K High Court Srinagar Wing Comprising Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul, closed the Public Interest Litigation with hope and trust that the respondents, including the Union Territories of Jammu and Kashmir and Ladakh as also the Union of India, shall ensure adherence to the laws made in favour of disabled persons and for ensuring implementation of the scheme.
DB further said that it will open to the petitioner to approach this Court as and when non-adherence is noticed by the petitioner, but that should be by submitting details of non-adherence.
When the PIL came-up for hearing, Division Bench observed that the subject of the instant writ petition (PIL) has reference to release of benefits to the claimants, available under the Rights of Persons with Disabilities Act, which as stated, are not available to the disabled persons, who are residents of Jammu and Kashmir. It is also projected in the PIL that no legislation akin to the Central National Trust Act, 1999, has been passed and as a result, persons with certain mental disabilities are deprived of welfare, care and protection schemes under the Central Legislation.
DB further observed that the Court while registering the writ petition as PIL, had taken note of the points raised, also making reference to the Supreme Court pronouncement (Jeeja Ghosh and others Vs. Union of India and Ors., issued notice to the Secretary General Administration Depart-ment, Civil Secretariat, Srinagar and Secretary, Department of Social Welfare, Civil Secretariat, Srinagar. The information sought was placed on record, which was taken note of in the order passed by this Court on 27.11.2018. The order being
relevant is taken note of that "This matter relates to the ensuring dignity and equality to the persons who are differentiable. Similar issues are under consideration before the Jammu Wing of this Court in PIL No. 23/2016 Golden Heartz Foundation vs. State of J&K, wherein the following order was recorded by the Division Bench on 22nd November 2018.
B.A. Dar, Sr. AAG, submits that the department of Social Welfare, Jammu and Kashmir, Government has extended all the facilities to the disabled persons in the Union Territories of Jammu and Kashmir and Ladakh and on the application of the Central Laws due adherence is made to all the benefits out of such legislations.
Mr. Sheikh Feroz, learned Dy. AG, also reiterating the stand taken by the social welfare department.
T. M. Shamsi, ASGI, submits that the Government of India has fully supported the Union Territories of Jammu and Kashmir and Ladakh in implementing the schemes in favour of the disabled persons, as a component of achieving the object of social justice. Learned counsel further submits that monitoring of these schemes and spending of funding is an exclusive responsibility of the Union Territories Administration.
Division Bench after hearing both the sides satisfied with the implementation of the statute on the subject as also the schemes, however, we reiterate the directions passed by this Court from time to time and hope and trust that the respondents, including the Union Territories of Jammu and Kashmir and Ladakh as also the Union of India, shall ensure adherence to the laws made in favour of disabled
persons and for ensuring implementation of the scheme. We leave it open to the
petitioner to approach this Court as and when non-adherence is noticed by the
petitioner, but that should be by submitting details of non-adherence.

Photo Gallery

BSE Sensex

NSE Nifty