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Synopsis

The Bombay High Court on Wednesday pulled up the state government over the non-functional State Advisory Board under the Right of Persons with Disabilities 2016.

“These enactments are passed by parliament? For what? For keeping in the bookshelf?  There is a statutory board mandated by parliament and the board is not even meeting once? Why do you make such legislation if you cannot follow?” the bench said.

The division bench of the high court, comprising Chief Justice Devendra K Upadhyaya and Justice Arif Doctor, was hearing a Suo Moto Public Interest Litigation (PIL) registered by the high court after it received an email from a 25-year-old Shivaji Park resident, Karan Shah, who has been wheelchair-bound since birth.

On the last hearing, the division bench directed the State Government to file an affidavit detailing the steps taken to provide easy access for disabled persons on the footpaths in the city of Mumbai.

The Assistant Government Pleader, representing the state government, informed the bench today that the board was constituted between 2016 and 2019. However, the board did not have any non-official members as contemplated under the Disability Act. Therefore, she sought time to take instructions for the same.

The counsels representing the Metropolitan Region Development Authority (MMRDA) informed the bench that the existing bollards within their jurisdiction will be removed in 2 months.

Meanwhile, the Maharashtra State Road Development Corporation (MSRDC) informed the bench that under their jurisdiction, there are only highways and no footpaths.

Senior Advocate Anil Singh, appearing for the BMC, informed the bench that footpaths under the jurisdiction of BMC, which have bollards, are being removed. The work is in progress and will be completed in a few months.

The High Court has now sought a response from the State Disability Welfare Department, asking for details regarding the constitution, nomination, and appointment of the State Advisory Board of Disability as per Section 66.

“The state disability welfare department to file an affidavit giving details of the constitution of and nomination of appointment of state advisory board of disability in terms of section 66. While filling the affidavit, it shall also indicate how many meetings of the advisory board have taken place and what business is transacted. We may note that in section 70 of the act, the state board shall meet once every 6 months. Section 71 sets out the function of the state advisory board on disability. The affidavit filed under the order shall state that since the formation what functions have been discharged by the board to fulfil statutory obligation as mandated by section 71,” the order states.

The bench also converted a writ petition seeking better accessibility to bus stops for the disabled into a Public Interest Litigation.

The bench has sought a response from the MCGM and the State Government indicating the steps taken so far under the Harmonized Guidelines for a Barrier-Free Environment 2021, specifically regarding bus stops and terminals in the MCGM area.

Case title: HC on its own motion