PIL for Rights of PwDs: DB closes litigation hoping adherence of laws by Govt

STATE TIMES NEWS

SRINAGAR: In a Public Interest Litigation (PIL) seeking necessary directions under Rights of Persons with Disabilities Act, so as to ensure dignity and equality to specially-abled persons, a Division Bench of J&K High Court Srinagar Wing comprising Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul, closed the Public Interest Litigation with hope and trust that the respondents, including Union Territories of Jammu and Kashmir and Ladakh as also the Union of India, shall ensure adherence to laws made in favour of disabled persons, for ensuring implementation of scheme.
DB further said that it will be open to petitioner to approach this Court as and when non-adherence is noticed, but that should be by submitting details of non-adherence.
When PIL came-up for hearing, Division Bench observed that the subject of the instant writ petition (PIL) has reference to release of benefits to claimants, available under the Rights of Persons with Disabilities Act, which as stated, are not available to disabled persons, who are residents of Jammu and Kashmir. It is also projected in PIL that no legislation akin to the Central National Trust Act, 1999, has been passed and as a result, persons with certain mental disabilities are deprived of welfare, care and protection schemes under the Central Legislation.
B A Dar, Sr AAG, submitted that the department of Social Welfare, Jammu and Kashmir, Government has extended all facilities to disabled persons in the Union Territories of Jammu and Kashmir and Ladakh and on application of the Central Laws due adherence is made to all the benefits out of such legislations. Sheikh Feroz, Dy AG, also reiterated the stand taken by the social welfare department. T M Shamsi, ASGI, submitted that Government of India has fully supported Union Territories of Jammu & Kashmir and Ladakh in implementing the schemes in favour of disabled persons, as a component of achieving the object of social justice. Counsel further submits that monitoring of these schemes and spending of funding is an exclusive responsibility of the Union Territories Administration.
Division Bench after hearing both sides, satisfied with the implementation of the statute on the subject as also schemes, reiterated directions passed by the Court 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 laws made in favour of disabled persons and for ensuring implementation of the scheme. We leave it 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 observed.