Showing posts with label Public Interest Litigation. Show all posts
Showing posts with label Public Interest Litigation. Show all posts

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: 

Monday, March 30, 2015

SC unhappy with Govt. steps for persons with mental disabilities

This update on a new PIL concerning the plight of persons with mental disabilities filed before Supreme Court from Telegraph

SC scans steps on mentally disabled

Our Legal Correspondent
New Delhi, March 26: The Supreme Court today directed the central government and all states and Union territories to explain the measures they have taken for the welfare of mentally challenged people across the country.

The court said it appeared that not much had been done so far, although the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, mandates governments to take adequate steps for their welfare.

"We are disposed to think that all the state governments have a definite role to see that the act is properly implemented and the persons under disability, which includes... mentally challenged persons, are taken care of as commanded by the act," a bench of Justices Dipak Misra and P.C. Pant said.

The court passed the order while dealing with a public interest petition that had complained about the pathetic living conditions in Asha Kiran, a government-run care home in Delhi for mentally challenged people.

The bench said it was "absolutely conscious" that this case had "arisen from an order" passed by Delhi High Court relating to the home. Yet, the "pathetic situation of this category of persons which have been highlighted before us in other states cannot be ignored", it said.

"On the contrary," the bench added, "we are obliged to think, occasion has arisen so that there can be a comprehensive study of the situation where this class of people are treated with dignity, respect and, as far as practicable, feel a part of the main stream of life."

The bench said it was "not oblivious of the fact" that in every case, it may not be possible "but there has to be an attempt to identify the possibility".

"We have been apprised at the Bar that the said effort has not been made and, if made, that is not adequate enough to meet the real challenge."

The bench noted that under Section 25 of the act, the government concerned and local authorities are duty-bound to take certain steps to prevent occurrence of disabilities and prepare a comprehensive education scheme providing for transport facilities and supply of books, besides financial incentives for parents or guardians.

"In view of the aforesaid, we direct the impleadment of the Union of India (and) all the states and Union territories. This court hopes and trusts that the Union of India and all the states and Union territories shall respond without taking recourse to any kind of subterfuge and none should take (an) adversarial position for the present cause has its own sacrosanctity," Justice Misra said in his order while fixing July 8 for the next hearing.

Source: The Telegraph

Tuesday, June 10, 2014

PIL Effect - Police Installs auditory devices at 57 traffic lights in Delhi

As a result of a PIL pending in the Delhi High Court, the Delhi Traffic Police informed the Delhi high court that they have installed 57 auditory devices at traffic signals in the capital for safety of visually impaired people.

In his reply, filed before a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw, deputy commissioner of traffic police also informed that 35 more locations have been identified for providing auditory signals.

"... Traffic police has provided 857 traffic signals and 401 traffic blinkers all over Delhi for ensuring smooth flow of traffic and safety of pedestrians and other road users. A total of 57 traffic signals have been provided with auditory devices for the safety of visually handicapped persons. In addition, 35 locations have also been identified for providing auditory signals," the reply filed through Rupinder Kumar, deputy commissioner of traffic police, said.

"Besides... on roads where there is continuous flow of traffic, 22 pelican traffic signals and 36 pedestrian traffic signals are functional which have the facility to provide adequate time in the signal cycle to pedestrians for safely crossing the roads. Additionally, 96 signals with pedestrian aspects have been installed and it is envisaged to provide pedestrian aspects on nearly all the signals," the official said.

The police's reply came after the court in March had issued notice to the Delhi government and civic agencies on a plea seeking direction to provide parking space to the physically challenged near the entrances of public buildings in line with the Master Plan Delhi 2021. The bench had also asked the traffic police, police commissioner and DDA to file responses.

The DCP also said that regular action is taken by traffic police to remove illegal parking. He added that the traffic police prosecuted 7,10,025 people in 2013 and 2,96,232 in 2014 till April 30. The official also stated that action is also being taken against second-hand car dealers, who are causing encroachment on the roads of the capital.

The official said that the department had launched a special drive on May 6 in coordination with the civic agencies for removal of encroachment "on specially identified 11 vital corridors in the NCT of Delhi, in which 567 encroachments have been removed, action has been taken against 180 vendors, 159 vehicles have been towed away, 1047 vehicles have been challaned and 145 notices for obstructive parking have been issued. The drive shall continue on a regular basis".

A PIL filed by social worker Vinod Kumar Bansal, through advocates Anupam Srivastava and Sitab Ali Chaudhary, had sought the court's direction to the Delhi government and civic agencies to install auditory signals at red lights on public roads for physically handicapped people. The plea further sought directions to make pavements wheelchair-friendly.



Source: Times of India