Dr. Nitesh Tripathi | The Commissioner, North Delhi Municipal Corporation | Case No. 4/1519/2017-Wel/CD/6442-43 | Dated: 27.03.2018

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. 4/1519/2017-Wel/CD/6442-43                   Dated: 27.03.2018

In the matter of:                                                         

Dr. Nitesh Tripathi

H.No. 241, Gali No. 11, B-Block,

Sant Nagar, Burari,

Delhi-110084.                                                     …………..Complainant

The Commissioner,

North Delhi Municipal Corporation,

4^th Floor, Dr. S.P.M. Civic Centre,

New Delhi-110002.                                            …………….Respondent

Date of hearing:  22.03.2018

Present:              None

ORDER

          The above named complainant, a person with 65% of locomotor disability  vide his email dated 02.02.2017 submitted that the public toilets at Vivekanand Marg near Dr. SPM Civic Centre, New Delhi are not disabled friendly and there are no hand rails as well as ramps. Elevation from the ground level is not as per the standards.  There is no separate toilet for women with disabilities.  He further alleged that due to non-availability of public toilets,  persons with disabilities have to face great difficulty even in one of the most prominent public places i.e. the HQ of North Delhi Municipal Corporation (North DMC). He, therefore, requested to take necessary action in order to protect the rights of persons with disabilities. He also attached the photographs of the toilets alongwith his email and requested to order an access audit of the site by deputing an officer of this Court.

2.      The complaint was taken up with the respondent vide communication dated 20.02.2017 followed by reminders dated 29.03.2017 and  22.05.2017.  As there was no response, a hearing was scheduled on 28.08.2017. However, none appeared on behalf of the respondent.  Therefore,   full details of the case and the relevant provisions of the Rights of Persons with Disabilities Act, 2016(the Act) were brought to the notice of the respondent vide Rop dated 05.09.2017. The relevant extract of the said RoP is reproduced below:-

          “................Despite the fact that the complaint was taken up vide communication dated 20.02.2017 followed by reminders dated 29.03.2017 and 22.05.2017, no response whatsoever was received from the respondent which compelled this Court to schedule a hearing vide summons dated 17.08.2017.  Unfortunately, even the summons have not evoked any response from the respondent.  It is indeed a matter of concern for this court and persons with disabilities in general and the complainant in particular who has travelled a long distance and waited for more than two hours without any relief.  The state of public toilets, as brought out by the complainant which is a basic need, in the national capital when Government of India has launched Accessible India Campaign and in the year of coming into force of the Rights of Persons with Disabilities Act, 2016, does not augur well for persons with disabilities as far as the enjoyment of their right is concerned.
2.      This Court has taken suo-motu notice of inaccessible public places in National Capital Territory of Delhi and taken up with all the Civic Authorities and Urban Development Department, Govt. of NCT of Delhi vide notice dated 19.07.17 directing the respondents to show cause as to why the existing built environment meant for public use in the National Capital Territory of Delhi should not be made fully accessible to persons with disabilities as mandated in the Rights of Persons with Disabilities Act, 2016 and to submit their versions on or before 11.08.2017.  However, while some of the respondents have submitted the status, North Delhi Municipal Corporation has not responded to that notice as well.
...........4.     In the facts and circumstances of this case, I would like to bring to the notice of the Commissioner of North Delhi Municipal Corporation that besides exhibiting insensitivity towards the cause of persons with disabilities, the concerned functionaries of the Corporation also appear to be violating the mandatory provisions of the Rights of the Persons with Disabilities Act, 2016, thereby attracting the provisions of its Section 89 and 93,..............................................................”

5.      I would therefore request the Commissioner, North Delhi Municipal Corporation to impress upon the concerned officers to respond to the complainants/notices and submit a status report on the next date of hearing on 18.09.2017 at 11:30 a.m.  failing which this Court will be constrained to take action for enforcing attendance and initiate action for invoking the provisions of the above mentioned sections of the Act for imposition of the penalties as provided in the Act........”

3.      The RoP was sent to Sh. P.K. Gupta, the then Commissioner, North DMC under a  D.O. letter dated 05.09.2017.  On the next date of hearing on 18.09.2017, Sh. Dodrai, Superintending Engineer (Planning),  Sh. D.D.Gulati, Executive Engineer, Sh. A.S. Khan, Asstt. Engineer & Sh. R.K. Aggarwal appeared on behalf of the respondent and they submitted that they had not yet received the copy of the complaint and  the concerned authority for construction / modification of the toilets at Vivekanand Marg near Dr. S.P.M. Civic Centre is the Executive Engineer (Maintenance-II) S.P.M. City Zone.  Sh. A.S. Khan, who is the concerned Asstt. Engineer (Maintenance). They further  submitted that for modifications in the existing toilets and to make them disabled friendly, they would need funds and approval of the competent authority.  This would  take atleast three months after getting the budget from the competent authority.

4.      The observation and directions of this Court vide RoP dated 18.09.2017 are reproduced below:

“.........2.   It seems that the notices sent from this Court since February, 2017 are not being marked to the concerned officers and consequently there has not been any action in the matter. It is only after I wrote a D.O. letter to the Commissioner, North DMC on 05.09.2017 that the officers from the Corporation have  come to attend the hearing.  But the only purpose this has served is that the concerned officers have been handed over the papers. Non-receipt of the notices and non-response has been observed in other cases as well and therefore the Commissioner, North DMC may  like to look into the matter to streamline the flow of receipts to the appropriate and concerned officers for timely action.  A copy of the Notice of Complaint to Show Cause dated 19.07.2017 and the copy of the complaint alongwith communication dated 20.02.2017 has been handed over to Sh. A.S. Khan, Asstt. Engineer (Maintenance) for taking appropriate action.
3.      The time frame that Sh. A.S. Khan, has indicated for modifying existing toilets appears to be too long and therefore,  the respondent is advised to complete the work in accordance with the above mentioned guidelines within a month of receipt of this record of proceedings and submit an Action Taken Report by 27.10.2017.  If needed,  this Court is willing to extend whatever assistance it can .............”

4.      This Court is also organising a Conference on “Challenges and Strategies for Making Delhi a Model Barrier Free City” and an Exhibition on “Barrier Free World for All” from 13-15^th October, 2017 at India Gandhi National Centre for the Arts, New Delhi.  Commissioner North DMC may like to depute all the concerned officers for that conference.”

5.      Unfortunately, none appeared on the next date of hearing on 02.11.2017 despite the facts that the concern of this Court was conveyed to the respondent a number of times. On the next date of hearing on 06.12.2017, the representatives of the respondent submitted that the estimates of Rs. 4.5 Lakh for making the two toilets in question at Vivekanand Marg near SPM Civic Centre was prepared and submitted by the Works Department for budget allocation to the Director-in-Chief, DEMS (Director of Environment Management Services) on 20.09.2017.  The matter is being pursued with the DEMS Department.  As per their information, the file was with Execution Engineer, DEMS–II on 12.10.2017 which was later moved to AE-II on 17.10.2017.  It would take at least three months after allocation of budget.

6.      Considering the disproportionate time taken by the concerned authorities of North DMC for a small, yet an essential facility being unavailable for use by persons with disabilities, the matter was again brought to the notice of the Commissioner, North DMC for his attention and a copy each of three RoPs and the  D.O. letter were enclosed.  Thereafter on none of the three dates of hearings i.e. 15.01.2018, 05.02.20178 & 22.03.2018 neither the concerned officers of the respondent appeared nor was any status report submitted. 

7.      It is pertinent to mention that a Work Shop on Legislative / Statutory Provisions on Accessibility and Fundamentals of Barrier Free Environment and Access Auditing of all municipal buildings falling in North DMC was organised for the civil engineers, architects and other senior officers of North DMC, which was presided over by the Commissioner North DMC himself on 01.03.2018.  Provisions of Rights of Persons with Disabilities Act, 2016, `Harmonised Guidelines and Space Standards for Barrier-Free Built Environment for Persons with Disabilities and Elderly Persons’ issued by the Ministry of Urban Development, Govt. of India   and the National Building Code and the concept of universal design, Access audit, etc. were explained.  During the interaction with the participants, I specifically mentioned   about the large number of complaints on inaccessible physical environment particularly the toilets in the NCT of Delhi including this complaint.  Despite that, nothing seems to have happened for the reasons best known to the concerned officers of North DMC as the toilets in question remain in accessible till date. 

8.      The provisions that mandate making physical environment accessible and the offences and penalties for violation of the provisions  in the Act  which have been repeatedly quoted in various orders / RoPs by this Court are reiterated :

“40. The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.

41. (1) The appropriate Government shall take suitable measures to provide—

(a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines;

(b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design;

(c) accessible roads to address mobility necessary for persons with disabilities.

(2) The appropriate Government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost to provide for,—

(a) incentives and concessions;

(b) retrofitting of vehicles; and

(c) personal mobility assistance.

44. (1) No establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40.

(2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government.

45. (1) All existing public buildings shall be made accessible in accordance with the rules formulated by the Central Government within a period not exceeding five years from the date of notification of such rules:

Provided that the Central Government may grant extension of time to the States on a case to case basis for adherence to this provision depending on their state of preparedness and other related parameters.

(2) The appropriate Government and the local authorities shall formulate and publish an action plan based on prioritisation, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops.

46. The service providers whether Government or private shall provide services in accordance with the rules on accessibility formulated by the Central Government under section 40 within a period of two years from the date of notification of such rules:

Provided that the Central Government in consultation with the Chief Commissioner may grant extension of time for providing certain category of services in accordance with the said rules.”

89. Any person who contravenes any of the provisions of this Act, or of any rule made thereunder shall for first contravention be punishable with fine which may extend to ten thounsand rupees and for any subsequent contravention with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees. 

93. Whoever, fails to produce any book, account or other documents or to furnish any statement, information or particulars which, under this Act or any order, or direction made or given thereunder, is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this Act or of any order, or direction made or given thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day, of continued failure or refusal after the date of original order imposing punishment of fine.

9.      Ministry of Social Justice and Empowerment (Department of Empowerment of Persons with Disabilities) vide Rule 15 of the Rights of Persons with Disabilities Rules, 2017 have already notified that every establishment shall comply with the standards for public building as specified in the Harmonised Guidelines and Space Standards for Barrier-Free Built Environment for Persons with Disabilities and Elderly Persons issued by the Ministry of Urban Development, Govt. of India in March 2016.

         

10.    In view of the above, there has been a clear violation of Section 41 of the Act and Rule 15(1) (a) of the RPwD Rules, 2017 in this case.  Considering inordinate delay in implementing the advice / recommendations so far made, no purpose may be served by scheduling hearings endlessly.  Therefore, it will be expedient to dispose off the complaint and make final recommendations.  Accordingly, the following recommendations are made for implementation by the respondent:

(i)            Public toilets at  Vivekanand Marg near Dr. S.P.M. Civic Centre be made accessible for persons with disabilities strictly according to the Harmonised Guidelines and Space Standards for Barrier-Free Built Environment for Persons with Disabilities and Elderly Persons issued by the Ministry of Urban Development, Govt. of India within two months from the date of receipt of this order; and

(ii)         Functionaries responsible for delaying implementation of the advice / recommendations made in the RoP dated 18.09.2017 be identified and their names be intimated to this Court within two months from the date of receipt of this order alongwith the reasons as to why the recommendations were not implemented by them and why action should not be taken against them under relevant sections of Chapter XVI of the Act.

11.  The respondent is directed to inform this Court of the action taken on the above recommendations within three months from the date of receipt of this order.

12.    The matter is disposed off.

13.    Given under my hand and the seal of the Court this 27^th  day of March,2018.     

( T.D. Dhariyal )

State Commissioner for Persons with Disabilities

Narayan Sharma Vs. The MS, Aruna Assaf Ali Govt. Hospital & two Ors. | Case No. 4/1753/2017-Wel/CD/6209-6211 | Dated: 19.03.2018

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. 4/1753/2017-Wel/CD/6209-6211             Dated: 19.03.2018

In the matter of:

Sh. Narayan Sharma,

S/o Sh. Bhoop Raj Sharma

H.No. 80, Block A, New Seema Puri,

Delhi-110095.                                                         .……… Complainant     

                                                  Versus

The Medical Superintendent,

Aruna Assaf Ali Govt. Hospital,

50-Rajpur Road,

Delhi-110054.                                                    …...…Respondent No.1

The Secretary,

Services Department,

Govt. of NCT of Delhi,

Delhi Secretariat,

New Delhi.                                                         ………..Respondent No.2

Date of Hearing : 13.03.2018

Present: Sh. Narayan Sharma, Complainant

Dr. V.P. Khari, DMS on behalf of Respondent No.1, Sh. Nirmal Sharma, ASO & Sh. Ajay Kumar, JA on behalf of Respondent No. 2.

        

ORDER

              The above named complainant, a person with 57% of locomotor disability vide his complaint dated 16.08.2017  received from the Office of the Chief Commissioner for Persons with Disabilities vide letter dated 19.09.2017 submitted that he was selected for the post of Gr.IV DASS,LDC.  He received a telephonic call from the office of respondent no. 1, for joining the post immediately. However, he did not receive any offer of appointment till 03.04.2017.  He further submitted that he informed them that he was working in the Office of Addl. Director(CGHS), East Zone, Laxmi Nagar, and needed to tender technical resignation and requested to send him the offer of appointment. He again wrote a letter dated 10.03.2017 to the Office of MS, Aruna Asaf Ali Govt. Hospital (AAAGH) with a copy to Services Department. Thereafter he personally collected a copy of offer of appointment dated 27.06.2016 which, among other things, mentioned that in case no reply was received within three weeks from the date of issue of offer of appointment, the said offer of appointment would lapse automatically and no further communication from the candidate would  be entertained in future. 

2.           Vide Memorandum-II dated 03.04.2017, Office of respondent No. 1 informed the complainant that a final opportunity was being given to him to join within a week of receiving that Memorandum otherwise offer of appointment would stand cancelled and his dossier would be returned to the Services Department.  The complainant had also submitted his technical resignation and informed the respondent.  Although his technical resignation had been accepted in his parent Department, respondent No. 1 informed him vide letter dated 26.05.2017 that his dossier had been sent back to Services Department on 21.04.2016 on the ground that he had not joined.  The complainant also alleged that he was not entertained properly when he approached the Services Department.

3.             During the hearing on 07.02.2018, it was observed that the Office had taken up the complaint vide notice dated 27.10.2017 with the DSSSB who had no role to play.  Therefore, the Chairman, DSSSB was removed from the list of respondents and Medical Superintendent, AAA Govt. Hospital and Services Department were impleaded as respondent no. 1 & 2 respectively.  Vide RoP dated 08.02.2018, they were directed to submit as to why the complainant should not be allowed to join the Office of the respondent No. 1 in the post of Grade-IV DASS LDC  and the matter was listed for hearing on 13.03.2018.

4.           On 13.03.2018, the complainant reiterated that he collected the offer of appointment by hand from the Office of the respondent no. 1 as he did not receive it by post.  He immediately, vide his application dated 27.06.2016, requested respondent no. 1 to grant him extension of three months to join as he needed to resign from C.G.H.S, where he is working as LDC.  He has not received any response till date.

5.           The representative of respondent no.1 submitted that the offer of appointment in respect of the complainant was cancelled as he did not join. Offer of Appointment was sent by speed post to the complainant on 27.06.2016 alongwith nine more candidates, the proof of which is available in the office files. The representation of the complainant has been referred to the Services Department through Principal Secretary (Health) for advice and  for further directions. As soon as the advice is received, the directions will be executed.    

6.           The representative of respondent no. 2 submitted that the Services Department has received a proposal from respondent no. 1 for advice on whether the complainant can be allowed to join whether  his dossier can be revived. The Services Department will give its opinion within 7 to10 days. He also submitted that as per Delhi Administration Subordinate Service Rules, 1967 for Grade IV DASS employees, Head of the Department concerned is the appointing authority and therefore, MS, AAA Govt. Hospital is the competent authority to take a decision in the matter.  The relevant rules do not prohibit extension of time to join a post.

7.           In the facts and circumstances of this case, it is recommended that respondent No. 2 should render the advice in the matter by 23.03.2018 to respondent no. 1 who shall consider the same and take a decision by 28.03.2018. The offer of appointment may be sent to the complainant by email in addition to other means to ensure that it reaches him in time.  The complainant should join the post within a month thereafter.

8.           Respondent No.1 & 2 and the complainant shall inform this Court about the action taken by them by email immediately after they take their actions mentioned above.  The matter is disposed off accordingly.

9.           Given under my hand and the seal of the Court this 19^th day of March, 2018.

           (T.D. Dhariyal )

                      State Commissioner for Persons with Disabilities

Simmi Chopra Vs. The MS, Safdarjung Hospital & 2 Others | Case No.106/1121/2018/02/6215-20 | Dated: 19.03.2018

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-110002

Phone: 011-23216003-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the Rights of Persons with Disabilities Act, 2016]

Summons to appear u/s 82 of the RPwD Act, 2016

Case No.106/1121/2018/02/6215-20                             Dated: 19.03.2018       

In the matter of:

Ms. Simmi Chopra

B-123, Amar Colony

Lajpat Nagar, New Delhi -110004                                   .............Petitioner

Versus

The Medical Superintendent

Safdarjung Hospital

New Delhi -110029                                                ...............Respondent No.1

The Medical Superintendent

Bhagwan Mahavir Hospital

Govt. of NCT of Delhi

Pitampura, Delhi -110034                                     ...............Respondent No. 2

The Secretary

Health & Family Welfare Department

Govt. of NCT of Delhi

9^th Level, A-Wing, I.P. Estate, Delhi Secretariat

New Delhi -110002                                               ...............Respondent No. 3

Date of Hearing: 09.03.2018

Present: Dr. Sanghamitra, Neurology Department, Dr. Rahul Saha, Psychiatry Department, Dr. Diganta Borah, PMR Department, Simmi Chopra, Complainant, Dr. Aman Pratap Singh, Paediatrics, BMH Hospital

ORDER

            The above named complainant vide her email dated 11.02.2018 informed that she has been trying to get a disability certificate for her son, Master Manith Chopra since 02.03.2017.  The disability certificate is required for his admission to a school which are likely to commence shortly.  She further submitted that the family is the permanent resident of Rani Bagh but they are residing at Amar Colony, Lajpat Nagar in a rented house for the last two years as there are better facilities in South Delhi. 

2.         She got Master Manith assessed by National Institute for Intellectual Disability, Noida and approached Safdarjung Hospital with the Aadhaar Card having Rani Bagh address as address proof. As per Government of NCT of Delhi notification, Bhagwan Mahavir Hospital, Pitampura is the notified hospital for issuing disability certificate to the residents of Rani Bagh.  But that hospital does not have a Psychiatrist.  So she was directed to IHBAS.   As the child has multiple disabilities, IHBAS could not issue disability certificate.

3.         Not knowing what to do next, the complainant visited this court.  It was observed that the Government Notification does not preclude assessment and certification by a hospital in whose jurisdiction a person is residing on temporary basis.  Therefore, Dr. R.K. Wadhwa of PMR Department, Safdarjung Hospital was contacted who advised the complainant to visit the hospital with all the papers on 23.02.2018.

4.         It was observed that the complainant had been trying to get a disability certificate for her son for nearly one year and had approached the Offices of the Hon’ble Chief Minister, Dy. Chief Minister and Health Minister through email.  Her emails had also been forwarded to Pr. Secretary and other officers of Health and Social Welfare Department on 07.02.2018.  It is also observed that complaints about difficulty in getting disability certificates, doubts about the jurisdiction of hospitals, unavailability of specialists, doctors, etc.  are often received by this court. 

5.         The complaint was taken up with the concerned authorities vide show-cause-cum hearing notice dated 16.02.2018. The respondents were directed to submit their versions by 28.02.2018 and to appear for hearing on 09.03.2018.  The complainant was separately advised to intimate this court the updates as she visits the hospitals/authorities to know and understand the problems faced in obtaining the disability certificate. 

6.         M.S. (MCH/Coord.), Bhagwan Mahavir Hospital vide her letter dated 28.02.2018 informed, “Master Manith Chopra, 3 years 6 month old reported in Bhagwan Mahavir Hospital for issuance of Disability Certificate on 08.02.2018.  The patient was examined in this hospital and after the clinical assessment it was found that the patient is a case of “Cerebral Palsy with Mental Retardation”.  As the Department of Neurology is not available in this hospital and as per Gazette Notification No. 23, Parth IV, NCTD No. 240 dated 12^th February, 2014 (copy enclosed) for the patients of ‘Mental Retardation/illness and other Neurological Disorders/ Cerebral Palsy etc.”Residing in East, North West and North Districts of Delhi, Institute of Human Behaviour and Allied Sciences (IHBAS) Delhi is notified as Medical Authority for issuing Disability Certificate.  

After discussing the matter with Dr. Suman Kushwaha of IHBAS on 22.02.2018, the patient was referred to IHBAS for issuance of Disability Certificate in respect of Master Manith S/o Ms. Simmi Chopra, as the patient is resident of North West Delhi as per record.”

7.         Safdarjung Hospital, vide letter dated 5.3.2018 informed that the complainant may be directed to attend the PMR-OPD with Master Manith on any working day between 9.00 a.m. to 11.30 a. m for getting disability certificate.  

8.         No response was received from Secretary, Health and Family Welfare Department, the Respondent No. 3.

9.         During the hearing on 09.03.2018, the complainant submitted that while adequate assistance/cooperation was forthcoming at Safdarjung Hospital and she will also be getting the disability certificate in a few days, she felt that the process of assessment and certification of disability should be made friendly and streamlined especially in respect of persons who have multiple disabilities.  She also pointed out that it takes a lot of time to get the OPD slip in various departments which is extremely difficult for parents of such children.

10.       Representatives from all the relevant Departments of Safdarjung Hospital namely PMR, Neurology and Psychiatrist appeared and informed that Master Manith Chopra has been assessed by the Paediatrics, PMR and Psychiatry Department.  He is likely to be issued a disability certificate within a week by the Medical Record Department (MRD).  However, they expressed that there is an urgent need for rationalisation of area wise allocation of hospitals, ensuring availability of specialists and detailed instructions about the essential documents required to be submitted and their dissemination etc. 

11.       Dr. Amar Pratap Singh, Specialist, Paediatrics of Bhagwan Mahavir Hospital submitted that since Master Manith had multiple disability and there is no  Psychiatrist in that hospital, he had to advise the complainant to visit IHBAS as per the assigned jurisdiction for assessment and issuance of disability certificate.  

12.       Oblivions of the plight of the complainant and huge problems the hapless persons with disabilities and their family members are facing in getting disability certificates, none appeared on behalf of Secretary, Health and Family Welfare Department, Government of NCT of Delhi, the nodal Department for the purpose. This is a matter of serious concern which should be addressed by Principal Secretary, Health on top priority.  This has happened despite the fact that this court vide order dated 05.03.2018 in Sh. B.G. Sarkar V/s Medical Superintendant, IHBAS has made detailed recommendations to Health & Family Welfare Department to take appropriate action to streamline the process of assessment and certification of disabilities as the complainant in that case also had to suffer a lot and is yet to be issued a proper disability certificate. The said recommendations are reproduced below: -

“(i)        Department of Health and Family Welfare is advised to convene a medical authority at JSS to assess and issue a certificate of multiple disability in respect of Ms. Neeta Sarkar in Form-VI within 30 days from the date of receipt of this order.

(ii)        Residents of many localities are not able to identify their district and the nominated hospital.  It is often very confusing even for this court to guide them properly.  Some areas/districts have more than two nominated hospitals. Therefore, a person should have the choice to get the assessment and disability certificate from the nearest notified hospital from his /her residence (not necessarily from the place of permanent address)

(iii)       A map demarcating the areas falling under the jurisdiction of a nominated hospital should be uploaded in the websites of Department of Health and Family Welfare, Department of Social Welfare and every nominated hospital.  Necessary instructions in this regard to the concerned hospitals may be issued.

(iv)       In case of shortage of specialists, medical authorities for multiple disabilities may comprise doctors/experts from other hospital(s) who may assemble at one hospital on given dates for assessment of certification.  

(v)        Provision for link specialist from the same or other hospital in case of unavailability of a specialist should be made.

(vi)       Camps in each district should be organised regularly till all the persons with Disabilities have been issued the disability certificates.

(vii)      Clear instructions should be issued /mentioned in the notification   that the treating hospital shall issue the disability certificate if the person is under treatment for the condition.”                                                                                                   

13.      The complainant vide her email dated 15.03.2018 informed that Safdarjung Hospital has issued a certificate of 77% disability (Multiple disability) in respect of Master Manith on 14.03.2018.  As advised, she has also emailed the account of her experience in getting the disability certificate for her son which is reproduced below:

“There is no clear listing of hospitals of your area & whatever information is available online is outdated & it keeps on changing, so we had to visit 7 hospitals post which we were able to find out the hospital designated for our area, as each hospital kept on redirecting us to others.

At last we found that Vardhman Mahavir Hospital (Safdarjung) is the one who issues certificate for Amar Colony. Thereafter1 it has been a harassing process and there is no clear conclusion in sight. My husband I have had to take leave from work for the past month. My child - whether he is sick or not has to be subjected to this repeated trauma. Nobody has the correct info and as he has had a brain MRI at birth he is always going to need support. How does a 40% disability become relevant in his case? We are worried that though there is a quota in the school admission application we run the risk of missing it.

Day	Date	Location	Duration	Procedure
1	16-Jan-18	NIMH, Noida	8 hours	After getting guidance by Safdarjung Hospital, we visited NIMH and were surprised to see Nobody is aware that we have to get an assessment for the disability certificate. Again after waiting for 45 mins we took the OPD slip and was informed that it will take couple of hours for the assessment. We started the assessments at around 10.00 am in the morning with our kid. There were 5 assessments including physical, speech, social, psychological and social.  It was already 3.30 pm when we finished all the assessment expect the last one which was the psychological assessment. The child was already half asleep in our lap and suddenly the assessment trainee started asking the child questions which he already answered in the previous assessment. When we told them, the child is half asleep so they said to come again another day and do the assessment again.  That was really a harassment since we came around 9.00 in the morning and still no result.
2	17-Jan-18	NIMH, Noida	2 hours	We went again to the hospital and finally we got the assessment done for our child which was one of the document which was to be submitted for the final disability certificate.
3	18-Jan-18	Safdarjung Hospital, Safdarjung	1 hour	We went again to Safdarjung hospital and enquired about the application that how can we get the certificate now since we have done the assessment already and now is looking for a disability certificate. We were told to come on Friday because that is the day the board consisting of panel of doctors examine and release the certificate. On enquiring about the timing, we were informed to come by 9.00 in the morning.
4	19-Jan-18	Safdarjung Hospital, Safdarjung	2 hours	We went on the following Friday assuming this would be the last step of getting our certificate. We went inside so first the staff said you have come very early for the board. The board will sit after lunch.  The lady of the staff asked for our documents, after showing our documents which included birth Certificate of the child, Aadhar Card, Parents Aadhar Card and rent agreement (we are on rent at Amar Colony, Lajpat Nagar). The lady of the staff denied to present our case to the board, asking the reason we were shocked and scattered that we are at a rented place so we need to go to the hospital near to our permanent address. Now that was really shocking! We immediately went to the doctor (the head of PMR) cabin who agreed to issue the certificate earlier. He also denied now and told us to go to Ambedkar Hospital near Rohini. After losing all our hopes, we went to Ambedkar Hospital again to start the process but first to understand their process.
5	22-Jan-18	Ambedkar Hospital, Pitampura	2 hours	We went to Ambedkar Hospital and there we again started up with taking the OPD slip. After meeting the doctor we came to know that this hospital can only make certificate by means of the mental assessment done at NIMH. They will not do any physical assessment of the child. We told them that this is the case of physical and mental disability both. So they sent us to Bhagwan Mahavir Hospital to get the physical and mental assessment both with certificate.
6	06-Feb-18	Bhagwan Mahavir Hospital, Pitampura	4 hours	We went to Bhagwan Mahavir Hospital, after taking the OPD slip we went to the Disability Counter. There they denied making the certificate because they said they do not have any Neuro pediatrician.  They referred us to IHBAS wherein they said to again do the mental assessment. I requested them to take the NIMH report which is the same assessment report but from a central government hospital. They strictly denied. I went to the Medical Superintendent. I requested her to accept the same report from NIMH but she denied and said we will only accept the Delhi government certificate / assessment report.
7	09-Feb-18	Email		We launched a complaint to respected CM sir about what we are facing.
8	12-Feb-18	IHBAS, Dilshad Gardern	6 hours	I went to IHBAS to do the same assessment again which I did in NIMH. They did not encouraged to make the report since it is a central government report and we have to the same assessment of the child again. They said to give the appointment but I requested that since the test is the same so why u want to again assess the child. They accepted the NIMH report and based on the same report they gave me the report on IHBAS letterhead. On the same day, I went to Mahavir thinking that my problems are solved now. I met with the MS and told her that please suggest the next procedure and let me know what are the next steps. She said she doesn’t know the procedure and the doctors are not available today. So suggested me to come again.
9	14-Feb-18	Bhagwan Mahavir Hospital, Pitampura	3 hours	I went again to the doctor and firstly the staff sitting outside said that I am not allowed to enter till the time I do not get the current date on the OPD slip. I again waited for 2 hours to get the date on my OPD slip. When I got the current date in the OPD, the doctor went on a meeting and was not available.
10	20-Feb-18	Bhagwan Mahavir Hospital, Pitampura	4 hours	This time I went to the MS as I got a call from the Nodal officer to go and speak to her. She referred me to another doctor since the same doctor was again not available.  The next doctor referred me to a physiotherapist now to get the physical assessment done for my child. When I asked them that I have already done the mental assessment from IHBAS, so now why again the hospital has to do physical assessment. They said it’s the procedure. I also requested them that I have my child today with me so if they can do it now. They said it is only done my appointment basis. So we have to visit on Thursday.
11	22-Feb-18	Bhagwan Mahavir Hospital, Pitampura & Commisioner office, Mata Sundari Lane	6 hours	We went to the hospital at 9.00 am in the morning and started with physical assessment as advised by the doctor on 20-02-18. It took around 1 hour to do the assessment. After getting the assessment done, we again went to the same paediatrician and he denied making the certificate stating that the hospital doesn’t have nuero paediatrician.  We went to meet MS and asked her if she could help as she was the one who called us today without any delay to make our certificate. She called the team of doctors and went into a meeting. After 2 hours, we were called at the MS office. The MS said she has just enquired and our certificate will be made by IHBAS. She also took an appointment for us in IHBAS for further process. We, the suffered parents called the deputy commissioner for the persons with disability and told us our story. He immediately called us to his office. We went to his office and told him the whole process which we have gone through. He noted our details and sent us to the commissioner for persons with disability. We went there and met the commissioner. As we already emailed our case to him earlier, he recognised us. He told us that he has noted the case already and we have a hearing on 9th March 2018. Meanwhile he also called IHBAS to understand if we could get the certificate from there. IHBAS doctors also said the same thing that they do not have paediatrician who can make the certificate. By the help of commissioner, we were arranged to meet doctor in Safdarjung for our certificate the next day.
12	23-Feb-18	Safdarjung Hospital, Safdarjung	5 hours	Today at 9 in the morning we went to Safadarjung and met the person allotted by the commissioner for our case. He made the OPD slip for us and we met the doctor of PMR department. He said we have to undergo checkups with paediatrician, psychiatric department then they will take our papers for further process. We have been given a time for Wednesday 130pm for next checkups.
13	28-Feb-18	Safdarjung Hospital, Safdarjung	1 hour	Today we were called at around 130pm, we went at the hospital but due to strike in the hospital the hospital was locked from inside and no one was suppose to go inside. We were not able to contact anyone.
14	14-Mar-18	Safdarjung Hospital, Safdarjung	3 hours	The board checked Manith Chopra, and we waited for 2 hours to get the certificate. We were informed that certificate has been made but the doctor has forgotton his stamp. So they have called us tommorrow again to take the certificate.
15	15-Mar-18	Safdarjung Hospital, Safdarjung	1 hour	Finally we have got the certificate, thanks to you sir for making it happen.”

                 

14.       In light of the issues that have come to fore in this case and other cases, it is once again recommended that Pr. Secretary, Health and Family Welfare should take immediate action and issue detailed guidelines and directives on the process of assessing and issuing of disability certificates by various hospitals/certifying authorities in the NCT of Delhi so that persons with disabilities and their family members are able to get the disability certificates within the time frame prescribed in the Rules and they are not harassed. It is important to do so on top priority as the admissions to schools in Delhi have already started and in a few months, admission to colleges and universities will also commence and many young people with disabilities would approach the hospitals for certificate of disability.

15.       This court be informed of the action taken on the above recommendations within 3 months from the date of receipt of this order as required under Section 81 of the Rights of Persons with Disabilities Act, 20 16.  

16.        The complaint is disposed off accordingly.

17.       Given under my hand and the seal of the Court this 19^th day of March, 2018.

(T.D. DHARIYAL)

State Commissioner for Persons with Disabilities

Copy to:

1.    Pr. Secretary, Department of Health and Family Welfare, Government of NCT of Delhi, 9^th Level, Delhi Secretariat, I.P. Estate, New Delhi -110002.

2.    Secretary, Social Welfare Department, GLNS Complex, Feroze Shah Kotla Ground, Delhi Gate, New Delhi -110002, for information and necessary action.