Excelsior Correspondent
Srinagar, Sept 25 High Court issued notice to State Government for show cause why the petition mentioning non availability of benefits to the disabled persons for residents of the State be not admitted for further proceedings.
Hearing a letter addressed to the Chief Justice from the officer of Humanity Welfare Organization Helpline complaining therein that the benefits available under the Rights of Persons with Disabilities Act, are not available to the disabled persons of the State, the Division Bench of Chief Justice Gita Mittal and Justice D S Thakur in the first instance sought reply from the Government indicating therein as to why the matter be not admitted for further hearing.
In this view of the matter, Court impleaded Secretary General Administration Department and Secretary Social Welfare Department as party respondents to the matter.
It has been pointed out in the letter that no legislation akin to the Central National Act 1999, has been passed and due to which, persons with certain mental disabilities are deprived of welfare, care and protection schemes under the Central Legislation.
“…though the ordinances were passed twice during Governor’s Rule, one in the year 2016 and 2018, in the state under ‘J&K State Trust Welfare of Persons with Autism, Mental Retardation and Multiple Disabilities Bill’ however no rules have been placed”, reads the letter.
The grievance in the letter has been raised that all benefits of reservation and public employment, lack of accessibility in interventions, no benefits of promotion or integrated social security are available to the disabled persons.
Court said the issues in the letter are of seminal importance and every step needs to be taken to ensure inclusivity and equality to the disabled.
Court referred the Supreme Court pronouncement in 2016 and said this has to be complied with.
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