Friday, September 1, 2017

Mamta Ray Vs. DCP (North East District) Seelam Pur | Case No. 4/1469/2016-Wel/CD/1646-47 | Dated: 31.08.2017

Case Summary:

Mamta Ray vs. Deputy Police Commissioner (NE)

Atrocities: Complainant submitted that she and her husband were facing problems of unhygienic conditions in front of their house due to actions of their neighbors, and that said neighbors verbally abused her when she complained. No action has been taken by the police despite her report. During the course of the proceedings, the issue was settled, with the neighbor not abusing the complainant or her husband and having stopped with the aforementioned activities. The Respondent also noted that beat officers have been directed to keep a vigil and meet the complainant on a regular basis. However, complainant noted that the atmosphere of unfriendliness persisted between her and the neighbor.

The Court observed that minor issues between residents are blown out of proportion due to lack of sensitivity and dignity in the treatment of persons with disabilities., and it recognized the need to create more awareness about the Rights of Persons with Disabilities Act 2016. Respondent stated that the concerned staff of the police station has been advised on the matter, and that a meeting will be organized between the complainant and the neighbor.


Order / Judgement: 


In the Court of State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 4/1469/2016-Wel/CD/1646-47                 Dated: 31.08.2017

In the matter of:

Sh. Mamta Ray,
H.No. 9, 20 Ft. Road, Kh. No. 174-175,
Gali No. 02, Near Subodh General Store,
Chauhan Patti, Sabahpur Extn.,
Delhi-110094.                                                           .……… Complainant     

                                                       Versus
The Deputy Police Commissioner,
North East District,
Seelam Pur,
New Delhi-110053.                                                     …...…Respondent
 
Date of hearing:    25.08.2017
Present                   Sh. Mamta Ray, Complainant.
Sh. Subhash Kumar Inspector &
S.A. Rasid, ACP on behalf of Respondent.
            
ORDER

The above named complainant, vide her complaint dated 20.06.2016 submitted that she and her husband both are persons with 60% locomotor disabilities, they  were facing  great difficulty due to creation of unhygienic conditions, water logging, stagnation of used water in front of her house by their neighbours mainly Smt. Prabha alias Neeru Sharma.  She further submitted that whenever she opposed such activities Smt. Prabha used filthy language against her and was making satire on her disability. She alleged that by doing so Smt. Prabha was trying to breach her fundamental right to life and personal liberty under article 21 of the Constitution. Although she reported the matter to the Police but the Police authorities had not shown sensitivity to resolve her problems.    She requested to resolve her grievance and protect her rights.

2.      The complaint was taken up with the respondent vide Notice dated 05.12.2016 followed by reminders dated 26.12.2016, 10.01.2017 and hearings on 17.03.2017 and 25.08.2017.   

3.           During the hearing, reiterating her written submissions, the complainant added that with her persistence with the concerned authorities and the community, her neighbour Smt. Prabha has stopped bullying and abusing her and her husband.  Smt. Prabha has also stopped throwing water in front of her house.  However, she is not prepared to speak to her and help in creating a congenial environment in the neighborhood.  She was forced to approach the police and this Court when the conduct of her neighbour became unbearable despite her best efforts.  The complainant further stated that she has worked in the child protection domain and is keen to create awareness and sensitize the community members rather than fighting with the people.

4.           The representative of the respondent submitted a report dated 23.08.2017, as per which, during the inquiry of the matter, the complainant informed that the issue had been settled and she did not want any police action and hence the complaint has been filed.  However, the Beat Officers of the Division have been directed to keep a vigil and meet her on regular basis. 

5.           It is observed that this Court has been receiving complaints from persons with disabilities pointing out that the community members particularly the neighbours do not attend accommodations and often do not treat them with sensitivity and dignity. Minor issues between residents / neighbours are blown out of proportion in most of the cases.  With a little sensitivity and by extending reasonable accommodations most of the issues could get addressed.  There is also a need to break the attitudinal barriers of the people who have little exposure to disability issues.

6.           In the light of the observations of this Court in this case and some other similar cases, there is a need to create awareness amongst the stakeholders and sensitize the members of the civil society, the Govt. functionaries and the law enforcement agencies about the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and other disabilities specific legislations and safeguards available to them.

7.           Section 6 & 7 of the RPwD Act, 2016  also provide for protection of persons with disabilities from abuse, violence and exploitation and sub-section (4) of Section 7 of the Act specifically provides that “any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability shall inform the aggrieved person of –
(a) His or her right to apply for protection under sub-section (2) and the particulars of the Executive Magistrate having jurisdiction to provide assistance;
(b) The particulars of the nearest organisation or institution working for the rehabilitation of persons with disabilities;
(c) The right to free legal  aid; and
(d) The right to file a complaint under the provisions of this Act or any other law dealing with such offence”.

8.           Sh. S.K. Rasid, Asstt. Commissioner of Police stated that the concerned staff of the Police Station has adequately been advised to ensure that the complainant and other persons with disabilities in the locality are handled with sensitivity and provided with assistance under the law.  A meeting with Smt. Prabha and the complainant will also be organized so as to create a better understanding between them.

9.           While the Office of the State Commissioner for Persons with Disabilities will plan and organize awareness generation activities in collaboration with the concerned agencies across the National Capital Territory of Delhi, action taken in this particular case by the respondent may be intimated to this Court within 30 days from the date of receipt of this order under intimation to the Complainant.  The parties may also give to this Court, their suggestions if any, for creating awareness on disability issues in the community by email at comdis.delhi@nic.in by 15th September, 2017.  

10.         The complaint is disposed of accordingly.

11.         Given under my hand and the seal of the Court this 29th day of August, 2017.
           (T.D. Dhariyal )
                      State Commissioner for Persons with Disabilities




No comments:

Post a Comment