Bombay High Court Directs State To Constitute State Advisory Board Under Disability Act Within 30 Days
The high court, in its order, stated that the non-functional board was depriving the disabled in the state, who form a sizable section of society
The Bombay High Court has directed the state government to constitute the state advisory board under the Rights of Persons with Disabilities Act, 2016, and make it functional within a month.
“We direct that the advisory board shall be constituted to in terms of prov of sec 66 and be functional within a month from today,” the order states.
The division bench of the high court, comprising Chief Justice Devendra K Upadhyaya and Justice Amit Borkar, 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.
During the course of hearings, the high court had asked the state to file details about the state advisory board being constituted under the disability act 2016.
The Assistant Government Pleader informed the bench that the advisory board was constituted between 2016 and 2019. However, the board had no non-official members as required under the Disability Act.
Yesterday, the high court reprimanded the state government for not filling the vacancies of non-officio members of the state advisory board as required under Section 66 of the Rights of Persons with Disabilities Act, 2016.
The high court, in its order, stated that the non-functional board was depriving the disabled in the state, who form a sizable section of society
“Hon’ble Supreme Court in said order directed all states to rectify the deficiency. Even in said order, the state was obligated to ensure compliance with the provisions of the act. However, on the vacancy of non-officio members, the board is not functioning depriving the disabled in the state which forms a sizable section of society. We thus hope and expect that as directed above within 30 days from today the board shall be made functional. The infrastructure should also be made available,” the order reads.
The bench directed the MCGM and MMRDA to file its affidavit on status of removal of bollard within 3 weeks.
Case title: HC on its own motion