A view of Bombay High Court
| Photo Credit: VIVEK BENDRE
The Bombay High Court on Thursday has granted 30 days‘ time to the Maharashtra government to constitute a state advisory board under the Rights of Persons with Disabilities Act 2016, a policy meant for disabled persons, to overlook various issues related to the disabled. The court has ordered to make the advisory board fully functional within a month without any delay.
Assistant Government Pleader Abhay Patki informed the Bench that the board would be made functional in 15 days.
A division Bench of judges comprising Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar pulled up the State government.
“You have asked for 15 days, we are giving you 30 days to complete this exercise. For God’s sake, do it by then. Even the Supreme Court has issued directions to all the States. Look at the alarming situation. Even for implementing laws that are reformatory and socially beneficial, you need a court order to comply with the law. This is your [government’s] obligation. For this also you need directions? We direct that the advisory board shall be constituted and made functional within a month from today,” Chief Justice Upadhyaya said.
The Bench was hearing a Suo Moto Public Interest Litigation (PIL) registered by the high court after it received an email from one Karan Shah, a 25-year-old wheelchair-bound since he was born. Mr. Shah is a resident of Shivaji Park in Mumbai’s Dadar. His PIL pointed out the issue of bollards on the footpaths and railway stations of Mumbai that makes public spaces inaccessible for wheelchair bound persons.
The Bench has directed the Municipal Corporation of Greater Mumbai and the Mumbai Metropolitan Region Development Authority to submit an affidavit on the removal of bollards within 3 weeks’ time.
Non-functional advisory board
Despite having the advisory board under the provisions of the Rights of Persons with Disabilities Act in 2018 constituted by the Maharashtra government, the board has been non-functional since 2020 as posts of the non-official members are vacant. To this, the Bench pointed out that by keeping the board non-functional, the State is depriving the disabled persons from their rights.
On Wednesday, the Bench had asked the State by when the vacancies can be filled, and the board can be made functional under Section 66 of the Rights of Persons with Disabilities Act, 2016.
“What is the use of merely constituting a board when it is not functional? We hope and expect that within 30 days the board shall be made functional in all respects,” the Bench said on Thursday and posted the matter for further hearing on August 14.
