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. 643/1111/2018/12/1205-1206 Dated:08.03.2019
In the
matter of:
Sh. Manoj Kumar
S/o Sh. Jai Bhagwan,
H.No. 271, Near MCD School,
Rajokari, New Delhi-110038 .………
Complainant
Versus
The Deputy Police Commissioner,
South West District,
Police Station Vasant Vihar,
New Delhi-110067. …...…Respondent
Date
of hearing: 07.03.2019
Present Sh. Anjani Kumar Singh
Sub Inspector on behalf of the respondent.
ORDER
The
above named complainant, a person with 69% locomoter disability vide his complaint dated 23.10.2018 received from the Court
of Chief Commissioner for Persons with Disabilities on 20.12.2018 submitted
that he and his father Sh. Jai Bhagwan are persons with disabilities. They live
in their ancestral house alongwith his uncle Sh. Umed and his family. Sh. Umed Singh threatened them and has given
a small portion to them in the compound. The complainant further alleged that
on 20.10.2018, Sh. Umed Singh, his son Sh. Vinod, his wife Mrs. Shiksha, Ms.
Radha w/o Sh. Vinod, Sh. Kuldeep s/o Sh. Suresh beat him and his father with
rods and threatened to kill them if they informed the police. The PCR staff
visited but even thereafter they continue threatening him and his father and
park their vehicle in front of their house.
2. The complaint was taken up with the S.H.O. Vasant Kunj vide
letter dated 03.01.2019 followed by reminder dated 21.01.2019 under the Rights
of Persons with Disabilities Act, 2016 hereinafter referred to as the Act and a
hearing was scheduled on 07.03.2019.
3. The complainant who was not present
in the hearing, was contacted on telephone.
He reiterated his written submissions and he stated that he has not filed any written
complaint with the Police so far. However, Police Officers contacted him in
connection with this complaint and requested that Sh. Umed Singh and his family
members be directed not to trouble him
and his father and leave enough space for their movement in the compound of the house.
4. Sh. Anjani Kumar Singh, Sub-Inspector,
Police Station, Vasant Kunj (South) submitted a written report as per which an
enquiry was conducted in the matter and it revealed that on 20.10.201, a PCR
call vide DD No. 29-A regarding quarrel at Rajokari village was received in the
police station Vasant Kunj South, which was entrusted to ASI Surender
Singh. He alongwith staff reached at the
spot and met the complainant.
Complainant did not want any further legal action on that call. Hence the PCR call was filed by I.O. It has also been submitted that during the
course of enquiry it is revealed that the matter relates to ancestral properly
among the brothers as the property in
question has not been divided among the shareholders. The main issue of quarrel
is parking of vehicles in the common area.
Matter being civil in nature both parties have been advised to approach
civil court of law for their grievance.
At present no police action is warranted on that complaint.
5. Section 7(4)(5) of the Act provides
as under :-
“(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, 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”.
6. It is important and incumbent on the
concerned authorities to ensure that the rights of persons with disabilities
are not infringed and they are protected from all kind of abuse, violence and
exploitation as mandated in Section 7 of the Act.
7. Section 92 of the Act provides:
“ Whoever,—
(a)
intentionally insults or intimidates with intent to humiliate a person with disability
in any place within public view;
(b)
assaults or uses force to any person with disability with intent to dishonor him
or outrage the modesty of a woman with disability...... shall be punishable
with imprisonment for a term which shall not be less than six months but which
may extend to five years and with fine”.
8. Section
89 of the Act also provides for punishment for contravention of the provisions
of the Act or rules/regulations made therein.
The said section is reproduced below:
“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 thousand 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”.
9. In the facts and circumstances of the
case, the complainant is advised to
bring any incident of violation of the provisions of the Act or infringement of
his rights to the notice of S.H.O., Police Station (Vasant Kunj) who shall
ensure that the rights of the complainant under the Act or any other law are
protected. Sh. Umed Singh and other
concerned members of his family be also
made aware about the provisions of the Act and advised to be sensitive towards
the complainant and his father. They
should not create barriers to the access needs of the complainant and his
father and leave enough space for them to access their house in the compound.
10. The complaint is disposed of accordingly.
11. Given under my hand and the seal of the
Court this 08th day of March, 2019.
(T.D. Dhariyal )
State Commissioner for Persons with Disabilities
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