Tuesday, July 5, 2022

Madrash HC: M. Gnanasambandam Vs. Govt. of India | WP No. 923 of 2007 | 05 July 2022

Court:                     Madras High Court

Bench:                    Mr.Munishwar Nath Bhandari, Chief Justice and Mrs. Justice N. Mala. 

Case No.                WP No. 923 of 2007

Case Title:             M. Gnanasambandam  Vs. Union of India 

Date of Order:       05 July 2022

This Petition was filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to take the following measures to facilitate the effective implementation of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995: 

I. To frame and notify comprehensive Rules immediately for according recognition to various types of Schemes (Educational Institutions for the Disabled) as provided under Chapter V Education under the PWD Act. 

II. To distribute scholarships to all school going children with disabilities in time. 

III. To direct the Central and State Governments to issue notifications to make schemes to provide Aids and Appliances to persons with Disabilities. 

IV. To direct the respondents to enquire into in detail from the year 2002 onwards about the alleged violations in the distributions of Aids and Appliances under ADIP Scheme as well as Inclusive Education Programme under Sarva Shiksha Abiyan and submit a Report before this Hon'ble Court. 

V. To direct the respondents to initiate necessary punitive action against those responsible for such kinds of nefarious acts and take suitable measures to prevent such malpractices in future. 

VI. To direct the respondents to make schemes providing for medical benefits, expenses and treatment for persons with Disabilities.

VII. To direct the respondents to make provisions for terminally ill and chronically sick children with disabilities as well as adult and aged persons with disabilities for providing life ling care, protection and medical treatment free of cost, irrespective of the type of disability. 

VIII. To direct the respondents to provide with appropriate social security to the destitute and abandoned children as well as adult and aged persons with disabilities, till their death, irrespective of the type of disability. 

IX. To direct the respondents to streamline the admission of persons afflicted with mental illness in appropriate Pshychiatric Rehabilitation Centres. 

X. To direct the respondents to form a Monitoring Authority or Enforcement Mechanism at the State as well as District levels which can be empowered to supervise and report to the Chief Commissioner for Persons with Disabilities and the State Commissioner for the Disabled about the proper implementation of the provisions of the Act in the respective States.

XI. To direct the respondents to entrust the State and District Legal Services Authority with the task of protecting the rights of persons with Disabilities. 

XII. To direct the respondents to bring all the social legislations viz., 

i. The Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995. 

ii. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999; and

iii. The Juvenile Justice (Care and Protection of Children) Act 2000 under one umbrella; and 

XIII. To direct the respondents to empower the State and District Legal Service Authorities to supervise the smooth functioning of the above Acts at all levels. 

The writ petition was registered as Public Interest Litigation, pursuant to the letter written by the petitioner.  Taking note of the issues raised in the petition, directions were issued by this Court while taking cognizance of the matter and sought for compliance. 

The compliance report has been submitted from time to time. Below the interim order passed on 10 December 2020. 

   

 After the registration of the petition, there are changes not only in terms of the position of law, but even in reference to the administrative instructions, such as Guidelines for the Government/Public transport. Rules of 2017 was introduced and Rule 15 of the Rules 2017 was applicable. The Harmonised Guidelines was also issued and thereby, there is a sea change subsequent to the registration of the case on all the issues.

In view of the above, it would be appropriate to close the writ petition with liberty to the writ petitioner to come up with a fresh writ petition if any issue remains unaddressed. There will be no order as to costs.

Read the final dated order dated 05 July 2022 embedded below: 

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