Case Summary:
Amit
Kumar Mit Vs. The Deputy Commissioner of Police (North District)
Atrocities: Complainant
alleged that his neighbor has been harassing him in multiple ways, including
blocking the entry to the Complainant’s house with his car, verbal abuse,
mockery, and the filing of a false criminal case in order to get him to vacate
his house. Complainant alleged that the police tends to side with the neighbor
in matters. The Respondent informed that on enquiry, it was found that both
parties used inappropriate language and preventive action u/s 107/151 CRPC was
taken against both of them, which is pending in the SEM Court - North.
On
contacting the complaint, he informed the court that the matter had been
resolved, and the court closed the case in view of the matter pending before
the SEM Court (North). However, the Court explained the provisions of Sections 7 and 92 of the
Rights of Persons with Disabilities Act, 2016 detailing the duty of the police
to Persons with Disabilities and the punishment for intentionally insulting,
intimidating or humiliating said persons.
Order / Judgement:
In
the Court of the 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.4/1487/2016-Wel./CD/1770-1771 Dated:08.09.2017
In the matter of:
Sh. Amit Kumar Mit
R/o
124/5, 125/1
Gali
no. 98/1
Sant
Nagar, Burari
Delhi
– 110084. .......Complainant
Versus
The
Deputy Commissioner of Police(North District)
Office
of the Deputy Commissioner of Police, Delhi Police,
Police
Station Civil Lines,
New
Delhi – 110054. ........Respondent
ORDER
The above named
complaint, a person with 40% locomotor disability vide his email dated
23,12,2016 submitted that his neighbour Sh. Deen Dayal wrongfully parks his
vehicle in front of the entry to his house. They do not pay heed to his
request. Sh. Deen Dayal and his wife were pressuring him to vacate the house. They also make mockery of his disability, cut
jokes on him and his wife in front of others. This causes mental harassment and
torture. They also filed a false complainant against him on 03.09.2016 and
falsely implicated him is a criminal case so that they vacant the house.
The complainant alleged that the local police also tends to
side with Sh. Deen Dayal and his wife Smt. Jyoti. He was put behind bars for a
night in the local police station on a ( Police complaint under section
107(151) of Cr.PC) (P), SEM court
allowed him the bail on the next day. He further stated that he is an ordinary
citizen and has done BCA and LLB. He requested that the police may be advised
to be positive and protect him and his family from the harassment. A copy of
the complaint was also received from Sh. Kapil Kumar Aggarwal, National
Federation of Disabled Rights vide letter dated 24.12.2016.
2. The
complaint was taken up with the respondent vide letter dated 28.12.2016
followed by reminder dated 02.02.2017 and 20.02.2017. A hearing was scheduled on 12.04.2017. In the
mean time the respondent vide letter dated 04.04.2017 inter-alia informed that an
enquiry was got conducted by ACP/Civil Lines which revealed that alleged parks
his vehicle in front of vacant plot opposite to his house, near the house of
complainant. On 03.08.2016, complainant asked him to remove his motor cycle and
exchanged hot words with him. He told him that there is no space in the street
to remove the bike. On this complainant started using filthy language and
threatened him. Both the parties used hot and filthy language against each
other. Hence, preventive action u/s 107/151 CR.PC has already been taken
against both the parties which is pending in the SEM Court/North.
3. On
12.04.2017 neither of the parties attended the hearing. The complainant was
however advised to submit his comments on the reply of the respondent by
29.05.2017 failing which the case would be treated as disposed off. As there
was no response from the complainant, he was contacted. He informed that the
matter has been resolved.
4. In view
of the forgoing and the fact that the matter is before the SEM court – (North),
the complaint is closed and disposed off accordingly. However, it is brought to the notice of the
respondent that section 7 of the Rights
of Persons with Disabilities Act, 2016 provides as under:
“(1) The
appropriate Government shall take measures to protect persons with disabilities
from all forms of abuse, violence and exploitation and to prevent the same,
shall— (a) take cognizance of incidents of abuse, violence and exploitation and
provide legal remedies available against such incidents; (b) take steps for
avoiding such incidents and prescribe the procedure for its reporting; (c) take
steps to rescue, protect and rehabilitate victims of such incidents; and (d)
create awareness and make available information among the public.
(2) Any
person or registered organisation who or which has reason to believe that an
act of abuse, violence or exploitation has been, or is being, or is likely to
be committed against any person with disability, may give information about it
to the Executive Magistrate within the local limits of whose jurisdiction such
incidents occur.
(3) The Executive Magistrate on receipt of such information,
shall take immediate steps to stop or prevent its occurrence, as the case may
be, or pass such order as he deems fit for the protection of such person with
disability including an order— (a) to rescue the victim of such act,
authorising the police or any organisation working for persons with
disabilities to provide for the safe custody or rehabilitation of such person,
or both, as the case may be
(b)
for providing protective custody to the person with disability, if such person
so desires; (c) to provide maintenance to such person with disability.
(4)
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: Provided that nothing in this section shall be construed in any manner
as to relieve the police officer from his duty to proceed in accordance with
law upon receipt of information as to the commission of a cognizable offence.
(5) If the Executive Magistrate finds that the alleged act or behaviour
constitutes an offence under the Indian Penal Code (45 of 1860), or under any
other law for the time being in force, he may forward the complaint to that
effect to the Judicial or Metropolitan Magistrate, as the case may be, having
jurisdiction in the matter.”
5. The
respondent may also bring to the notice of the concerned parties that Section
92 of the said Act also provides for punishment with imprisonment for a term
which shall not be less than 6 months but which may extend to five years and
with fine for intentionally insulting or intimidating with intent to humiliate
a persons with disability in any place with in public view among other
offences. The respondent may also consider sensitising the residents of the
locality on disability issues in consultation/collaboration with district
social welfare officer and NGOs working in the disability sector.
4.
Given under my hand and the seal of the Court this 07th day of September, 2017.
(T.D. Dhariyal )
State Commissioner for Persons with Disabilities
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