In
the Court of 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 Persons with Disabilities
(Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995]
Case
No. 4/469/2013-Wel/CD/3916-17 Dated:18.01.2018
In the
matter of:
Sh.Sonu Bhola,
S/o Jagan Nath,
R/o A-89, Street No.8,
Jagat Puri, Krishna Nagar,
Delhi-110051. .....Complainant
Versus
The Deputy Commissioner of Police (East),
East District,
I.P. Extension, Patpar Ganj, Institutional Area,
Mandawali Fazalpur,
Delhi-110092. ......
Respondent
Present: None
Date
of hearing: 16.01.2018
ORDER
The above
named complainant, a person with
locomotor disability vide his complaint dated 29.07.2013 submitted inter alia
that his wife gave birth to a baby boy on 01.07.2013 in Ashok Nursing Home
(ANH), Krishna Nagar, Delhi. He was
informed by ANH that since the baby boy was low weight i.e. 1.98 Kg, there was
need for the child to stay in hospital for few days to manage the
treatment. On 4th July, 2013
ANH informed the complainant that the baby is serious and needs treatment at
higher centre. ANH discharged the baby
and the complainant’s wife (patient) without giving the complete referral
document. The complainant tried to admit
the baby in Shanti Mukund, Max Balaji, Kalawati Saran and Gangaram Hospitals
one by one, but each hospital denied to admit him. Finally, he admitted the baby in Holy family
Hospital (HFH). The doctors at HFH were
struggling hard to know the exact problem with the baby in absence of the good
referral documents. On 9th
July, 2013 the complainant reached ANH to collect the medical treatment history
or case summary of the baby. Since ANH
was not providing the case summary of the baby, the complainant had to call the
police through help line No. 100. The PCR van came at around 4.30 PM and Sh.
Shive Kumar, IO, PS Krishna Nagar, East District was informed the full
situation and the requirement of the documents from AMH. Thereafter, the IO had a meeting with the
people of ANH in the room. The
complainant has alleged that the IO ignored his request and did not help him in
getting the case summary/medical treatment documents of the baby from ANH. It has been also alleged by the complainant
that till date Sh. Shive Kumar, IO, Delhi Police has not contacted him even a
single time to know the status of his baby and he had not shared any
development over the complaint of getting the medical history of his
child. His baby is still struggling at
HFH. The complainant has requested to
take some concrete and possible action in the matter at the earliest.
2. As there was no information about
the conclusion of the investigation by the Police and also the complainant had
not followed up the case for long, a hearing was scheduled on 16.01.2018. Neither the complainant nor the
representative of the respondent appeared. The complainant was, however,
contacted on his given mobile number 9213953775 and he stated that although his
full address was not mentioned in the notice, he did not want to pursue the
matter and it be closed.
3. As the claims and counter claims
of the parties have been investigated by the Police and the complainant has not
alleged any harassment at this stage, the complaint is closed.
4. It is however, brought to the
notice of the parties that the Rights of Persons with Disabilities Act, 2016
provides for protection to persons with disabilities from abuse, violence and
exploitation. Section 7 of the said act
also mandates the appropriate government to take measures to protect persons
with disabilities from all forms of abuse, violence and exploitation and to
take various measures to prevent the same. Section 7(4) also provides for
action to be taken by a Police Officer who receives a complaint or otherwise
comes to know about abuse, violence or exploitation towards any person with
disability. Office of the Commissioner
of Police: Delhi vide Circular No.28/2017 dated 25.10.2017 has directed all
District DCsP to take necessary action to make IOs aware of the provisions of
the Rights of the Persons with Disabilities Act, 2016 and to ensure its
effective implementation. A copy of the said circular is enclosed. It may be ensured that the complainant, who
is a person with disability is not deprived of his legitimate rights.
3. The matter is disposed off
accordingly.
4. Given under my hand and the seal
of the Court this 18th day of
January,2018.
Encl: As
above. (T.D. Dhariyal)
State Commissioner for
Persons with Disabilities
No comments:
Post a Comment