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. 4/868/2015-Wel/CD/5037-40 Dated:
08.02.2018
In the
matter of:
Ms. Julie,
D/o Sh. Ramdev,
Khasna No. 22, Mother Home, GTK Road,
Libaspur, New Delhi-110042. .………
Complainant
Versus
The District Magistrate,
District Magistrate Office Complex,
District North, Alipur, Delhi-110036. .....…Respondent
Email: SDM (Alipur) - sdmalipur@gmail.com
ORDER
Sh.
Ramdev Father of Ms. Julie, vide his complaint dated 23.12.2014 submitted that
his daughter was going to Mother Home, Khasra No. 22, GTK Road, Libaspur, New Delhi-110042 for education and
rehabilitation for the last 10 years. He
is poor and belongs to SC community and the entire family is illiterate. As he keeps shifting from one place to another,
he has given Mother Home address for communication.
2. The complaint was taken up with the
respondent vide communication dated 13.01.2015 whereafter one Sh. Dilip Kumar
R/o Khasra No.22, Karuna Path, GTK Road,
Libaspur, Delhi-110042 vide his letter 13.04.2015 enquired about the status of
the case. As there was no response even
after exchange of a number of correspondence, it was decided to hold a hearing
on 07.02.2018.
3. During
the hearing on 07.02.2015, the representative who appeared on behalf of the
respondent submitted a letter dated 05.02.2018 from Ms. Ira Singhal,
SDM (Alipur), Delhi, as per which the documents pertaining to the case were not
traceable in her office. Therefore, the field staff was directed to visit the
complainant at the given address.
However, it was reported that the complainant did not reside at the
given address. She has therefore,
requested that the complainant may be
directed to provide a copy of the representation of the complainant to take
necessary action.
4. Sh. Dilip Kumar, who appeared on
behalf of the complainant, Sh. Ramdev, father of Ms. Julie submitted that Ms.
Julie lives with her parents at Yadav Nagar. Her parents shift from one place
to another. Hence have no permanent
address. She regularly visits the Mother Home for various activities being
conducted for persons with disabilities including those with intellectual
disabilities. However, at the time the
concerned officials visited the Mother Home, he was not present and the staff
of the home could not give full facts.
5. It is observed that the certificate
issued by NIMH, Regional Centre, Ministry of Social Justice and Empowerment,
Lajpat Nagar, New Delhi is not a valid disability certificate as it has not
been issued by an authorised medical authority notified by the Central Govt. or
the State Govt. Sh. Dilip Kumar has therefore been advised to help the parents of
Ms. Julie in obtaining the disability certificate in respect of Ms. Julie from
the Institute of Human Behaviour and Allied Sciences (IHBAS). He has assured to arrange the visit to IHBAS alongwith
required documents as per Rule 17(2) of the Rights of Persons with Disabilities
Rules, 2017 within a month for assessment of disability of Ms. Julie and
certification.
6. Director, IHBAS is advised to arrange
assessment of disability of Ms. Julie and issue disability certificate if she
is eligible, within one month from the date she visits the hospital.
7. Sh. Dilip Kumar has also been advised
to get in touch with Sh. Kailash Singh, Patwari to complete the required
formalities for appointment of legal guardian in respect of Ms. Julie
immediately after obtaining a valid disability certificate. The representative of the respondent has
also been given a set of papers available in the case file.
8. The respondent is advised to take
necessary measures for appointment of legal guardian in respect of Ms. Julie
under the National Trust for the Welfare of Persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple Disabilities Act, 1999 at the earliest. Necessary action for sanction of benefits
such as disability pension, travel concession, etc. under various schemes meant
for persons with disabilities be also taken through the concerned District
Social Welfare Officer of Social Welfare Department. Status report on receipt of disability
certificate, sanction of benefits, application for guardianship certificate and
appointment of legal guardian be submitted as soon as the relevant action is
taken and an action taken report be finally submitted to this Court within
three months from the date of receipt of this order as required under Section
81 of the Rights of Persons with Disabilities Act, 2016. Sh. Dilip Kumar is
also advised to intimate to this Court/concerned authority, the status and
difficulty if any, faced at any stage.
9. Given under my hand and the seal of
the Court this 08th day of February, 2018.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
Copy
to:1. The Director, Institute of Human Behaviour and
Allied Sciences, Jhilmil Colony, Dilshad Garden, Delhi-110095 for information
and necessary action.
2. Director(Social
Welfare), GLNS Complex, Delhi Gate, New Delhi for issuing necessary direction
to the concerned District Social Welfare Officer.
View the digitally signed PDF Order here:
