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. 42/1111/2017/11/6911-12 Dated: 24.04.2018
In the
matter of:
Sh. Jugal Kishore
510/7, Ashok Mohalla,
Nangloi, Delhi-110005
................ Petitioner
Versus
The Commissioner,
Delhi Police,
MSO Building,
I.T.O, Delhi-110002. ………...…Respondent
Date
of Hearing: 14.03.2018 and 23.04.2018
Present: Ms.
Preeti, Complainant.
ASI
Dharambir Singh, on behalf of Respondent.
ORDER
The above
named complainant, father of Ms. Kiran, a person with 79% moderate mental retardation
with mild hypertonia with right hemiparesis, vide his complaint dated
24.11.2017 submitted inter alia that he and his brothers/other family members
have a property dispute which is before the Tis Hazari Court. He also alleged that his brothers and their
families abuse him and his other family members including his younger daughter
Ms. Kiran who is a person with disability.
They torture her due to which she gets fits.
2. The complaint
was taken up with the respondent vide Notice dated 30.11.2017 followed by
reminder dated 27.12.2017. As there was
no response, a hearing was scheduled on 14.03.2018. During the hearing, the complainant submitted
a CD containing the video clips alongwith, its transcript dated 01.12.2017,
07.12.2017, 20.02.2017, 04.03.2017 and some photographs in support of his
allegations. In his rejoinder dated
27.01.2018 the complainant also alleged delayed action by the police and submitted
that had the police officials taken action against the culprits in time,
further violence/criminal case against his daughter with mental retardation would
not have happened. He also submitted
that the police parties cannot absolve themselves of the responsibility by
saying that a civil dispute is pending before the Court and no police action is
warranted.
3. During the
hearing, the representative of the respondent vide status report dated
13.03.2018 submitted that the complainant and other parties namely Mukesh Kumar
and others have a family property dispute which is before the Tis Hazari
Court. Action U/s. 41.1(C) Cr. P.C has
also been taken against the brother of the complainant Sh. Rajesh Kumar.
4. The
complainant reiterated his written submissions and alleged that he was not
getting the protection of police.
5. On going
through the CD containing the video clips submitted by the complainant, it was
observed that the accused was seen using abusive language and threatening the
complainant and his family members.
6. Vide ROP
dated 15.03.2018, it was brought to the notice of the respondent that the
complaint was taken up as the complainant had alleged that his brother Sh.
Rajesh Kumar and his other brother and their families hurl abuses and indulge
in obscene activities and torture his daughter Ms. Kiran who is a person with
79% disability.
7. As
the status report did not address the issues relating to the abuse, violence
and exploitation of Ms. Kiran by the accused, the concerned officer at Police
Station, Nangloi under the respondent was directed to investigate the matter
and ascertain whether Ms. Kiran, daughter of the complainant was being abused,
subjected to violence and exploitation by the accused persons. It was also advised that assistance of a
rehabilitation professional trained to handle persons with intellectual
disability (mental retardation) may be taken to interact with Ms. Kiran and a
report be submitted to this court by 16.04.2018 with a copy to the Executive
Magistrate having jurisdiction of the area and the complainant. On receipt of the report, the Executive
Magistrate should take immediate steps to stop or prevent the abuse, violence,
exploitation, etc. of Ms. Kiran. Attention
was also drawn to the circular no. 28/2017 dated 25.10.2017 Office of the
Commissioner of Police Delhi vide which all the DCsP have been directed to take
necessary action to make the IOs aware of the provisions of Section 7(4) of the
Right of Persons with Disabilities Act 2016.
The said Section 7 provides as
under:
“7. (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”.
8. On
the next date of hearing on 23.04.2018, the representative of the respondent
submitted the status report dated 23.04.2018 as per which a criminal case has
been registered against Sh. Mukesh, uncle of Ms. Kiran, Smt. Rakhi, Aunt, Sh.
Chiranji Lal, another uncle and others vide FIR No. 102/18 u/s. 323/506/509/34
IPC and Section 92 of Right of Persons with Disability Act of the statement of
Ms. Kiran daughter of the complainant.
It has further been stated that the victim was produced before the
Hon’ble MM Court and her statement was recorded u/s. 164 Cr. P.C. The charge sheet has been prepared and sent
for scrutiny to Prosecution Branch, Tis Hazari on 16.04.2018. As per the report, the charge sheet will be
sent for trial shortly. The respondent
has further submitted that in view of the breach of peace among the brothers,
Kalandra u/s. 107/150 CrPC has already sent before SEM, Outer District,
Pitampura, New Delhi with request for obtaining bond of good behaviour of the
parties. Respondent also enclosed a copy
of the FIR dated 28.03.2018. The representative
of the respondent added that the proceedings are likely to start in the Court
of MM, Tis Hazari within a week to 10 days.
9. Ms. Preeti, sister of Ms. Kiran submitted
that the family members of her uncles continue commenting on her sister using
derogatory language.
10. As
the FIR has already been registered and the victim has been produced before the
Hon’ble MM Court and her statement has been recorded in pursuance to the
provisions of the Rights of Persons with Disabilities Act, 2016 and other
relevant laws, the complainant may bring any further instances of abuse,
violence or exploitation etc. towards Ms. Kiran to the notice of the concerned
police station and Executive Magistrate who will take appropriate action under
the provisions of the said Act.
11. While
considering this case, the concerned Executive Magistrate may also take note of
the provisions of Section 89 and 92 of the Rights of the Persons with
Disabilities Act, 2016 which provide for punishment for contravention of the
provisions of the said Act or rules or regulations made thereunder and for
punishment for offences and atrocities against persons with disabilities
respectively. SHO, P.S. Nangloi shall
intimate this Court as soon as the charge sheet is sent for trial, in any case
by 08.05.2018.
12. The complaint
is disposed off accordingly.
13. Given under my
hand and the seal of the Court this 24th day of April, 2018.
(T.D. Dhariyal)
State Commissioner for Persons with Disabilities
