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Synopsis

The Bombay High Court on Wednesday again pulled up the State Government for having a non-functional advisory board under the Right of Persons with Disabilities Act 2016.

“Even after the court expressing concern of constituting board? Since 2020 you don’t have a board. It is the mandate of parliament. Will you not follow it? What have you been doing since July 2023? Despite the court’s order since March,” the court said.

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.

On the last occasion, the Assistant Government Pleader informed the bench that the advisory board was constituted between 2016 and 2019. However, the board did not have any non-official members as required under the Disability Act. Therefore, he sought time to receive further instructions on the matter

Today, the AGP filed an affidavit stating that the Commissioner for Persons with Disabilities had submitted a proposal for the appointment of non-official members on July 23, and since then, the matter has been pending before the Department of the State Government.

He also informed the bench that the board was constituted in 2018, but the non-official members were later withdrawn by the state in 2020.

Therefore, the bench directed the Additional Chief Secretary/Principal Secretary/Secretary of the Department for the Welfare of Persons with Disabilities, Government of Maharashtra, to appraise the court about the constitution of the board by tomorrow

The bench in its order said that there cannot be any justification whatsoever for the matter being pending even though a period of 1 year has elapsed since the commissioner made his proposal on 27 July 2023.

“Having regard to nature function the board is expected to perform, there cannot be any justification whatsoever of the matter being pending even though a period of 1 year has elapsed since the commissioner made his proposal on 27 July 2023. As already observed above the advisory board is mandated by an act of parliament to perform certain functions for persons with disability. Section 71 prescribes the function of state govt. The 2016 act came into force on 19 April 2017 and immediate steps ought to have been taken by the state to constitute and appoint a state advisory board and make it functional,” the order states.

The bench also noted that in case clear instructions are not given to the AGP, the court may be constrained to summon the officer for assistance.

Senior Advocate Anil Singh, appearing for the MCGM, and Advocate Akshay Shinde, appearing for the MMRDA, informed the court that bollards on footpaths in their respective jurisdictions were removed. The court asked the MCGM and MMRDA to file an affidavit on the same.

The high court will now hear the suo moto PIL tomorrow.

Case title: HC on its own motion.