Excelsior Correspondent
Srinagar, Aug 1: High Court today before calling the authorities concerned before the court granted one more opportunity for placing the detailed action plan for providing facilities to the persons having differently abled.
The Division Bench of Chief Justice Gita Mittal and Justice Rashid Ali Dar while dealing with PIL with regard to providing all facilities to the persons having different kinds of disability directed the Social Welfare Department to inform it as to what kind of steps have been taken so far for the conducting the sensitization programmes of disables.
“The present case is a fit case for requiring the appearance of Secretary, Social Welfare Department (SWD). At this stage Feroz Ahmad Sheikh, Dy. AG requests for giving one opportunity to the respondents to place the steps taken by the respondents as well as the detailed action plan dealing with all issues as noted by us in our previous order. We grant four weeks’ time to the respondents to do so”, DB directed
Court for effectively taking the steps on the issue felt it necessary to have the Department of Law Justice and Parliamentary Affairs, Higher Education Department, Technical Education Department, Srinagar Municipal Corporation, IGP Traffic and Transport Commissioner as party respondents in the instant PIL.
“They are accordingly impleaded as party respondents. The petitioner shall file amended memo of parties within one week”, reads the order.
However, state counsel B.A. Dar (Sr. AA) waived the notice for and on behalf of Department of Law, Justice and Parliamentary Affairs, Higher Education Department, Techn-ical Education Department and Transport Commissioner and advocate Moomin Khan has accepted the notice on behalf of Srinagar Municipal Corporation.
It is after perusal of the updated status report filed by the SWD report court said the same does not give dates or on whose behalf it has been filed. The status report sets out two training programmes undertaken at Jammu and Srinagar and nothing more.
The status report, court added, does not even mention about a proper action plan. “It is loosely stated that directions are awaited from higher authorities”, court observed.
It is only in the month of February the information furnished by the Department of Social Welfare that the Government of India had approved release of Rs. 42.74 lacs for creation of a barrier free environment in seven buildings located in the State of Jammu and Kashmir. The respondents had also stated that DPRs of 16 more buildings are stated to have been submitted to the Government of India recently.
Court while taking serious note of lackadiaskal approach by the authorities of SWD said they are unable to place before us the steps taken for undertaking even a census of persons with disability as has been noted in the order passed last year.
With regard to the access audits, time has been sought on behalf of Nipman Foundation to place the status report with regard to the access audits undertaken by them in respect of Court complexes in Jammu and Srinagar.
Let the access audit be placed before this Court within four weeks from today. “In case, the action is not taken on the several steps noted by us, we would be constrained to direct the personal appearance of the Secretary, Department of Social Welfare, J&K. Respondents shall also inform this Court as to when the disability training is undertaken in Leh and Kargil”, court recorded in today’s order.
Court has been informed by the petitioner-Tak that no steps have been taken to ensure that public transport is disabled friendly. The respondents are proposing to purchase only 5% low floor buses. This is in violation of the statutory provisions as well as several judicial precedents on this subject.
The Srinagar Municipal Corporation and the traffic authorities have been directed to place before the Court their action plan and steps taken to ensure that the pavements and roads are disabled friendly.
Court has been also informed that the issues relating to disability are not sufficiently addressed in engineering and architectural institutions and that this needs to be made a specific part of curriculum.
“Let the Secretary of Higher Education and Technical Education Department shall place before this Court the status report regarding the inclusion of courses and subjects relating to the rights and requirement of the disabled in the institutions undertaking education in engineering and architecture courses”, court directed.
A direction has also been issued to the Principal Secretary, Department of Law, Justice and Parliamentary Affairs to place a report regarding the notification of the rules under the Rights of Persons with Disability Act 1998.
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