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
[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
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