Rights of Persons with Disabilities Act
Excelsior Correspondent
SRINAGAR, Feb 16: Division Bench of High Court comprising Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul today closed the 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 with hope and trust that the respondents including the Union Territories of Jammu and Kashmir and Ladakh as also the Union of India will ensure adherence to the laws made in favour of disabled persons.
“It will be 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”, the DB said.
When the PIL came-up for hearing, Division Bench observed, “the subject of the instant writ petition 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 as a result persons with certain disabilities are deprived of welfare, care and protection schemes under the Central Legislation”, the DB observed, adding “this court while registering the writ petition as PIL had taken note of the points raised also making reference to the Supreme Court pronouncement in Jeeja Ghosh and Others Versus Union of India and Others”.
B A Dar, Senior AAG submitted that the Department of Social Welfare 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. Sheikh Feroz, DyAG also reiterated the stand taken by the Social Welfare Department.
T M Shamsi, ASGI, submitted 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. He further submitted that monitoring of these schemes and spending of funding is an exclusive responsibility of the Union Territories Administration.
After hearing both the sides, the DB expressed satisfaction with the implementation of the statute on the subject as also the schemes. However, DB reiterated the directions passed from time to time and hoped 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.
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