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,
[Vested with powers of Civil Court under the
Rights of
Persons with Disabilities Act, 2016]
Case No. 611/1141/2018/11/2259-2260 Dated:13.05.2019
In the
matter of:
Suo Motu
Versus
The
Secretary
Department of Social
Welfare
GLNS Complex, Delhi
Gate
New Delhi-110002. ......Respondent
ORDER
The Court of the Chief
Commissioner for Persons with Disabilities, Govt. of India forwarded a copy of
the representation dated 02.10.2018 of Smt. Akanksha Michyari, Child Welfare
Officer, Tara Homes for Children, New Delhi vide letter dated 13.11.2018. Ms. Michyari submitted that 21 year old Sh.
Vinay Gupta, a person with 61% cerebral palsy has very little family support
and grew up in Tara Homes, where he was placed by the Child Welfare Committee
in 2012. Sh. Vinay also has a hole in
his heart, a paralysed and crooked arm, a crooked leg and various cognitive
problems. He underwent many
operations. Now he can walk, use both
arms to some extent and has a functioning heart. His IQ is 72.
He has no family support and is not able to live on his own. She further submitted that as Sh. Vinay had
turned 18 years in 2016 and as Tara Homes is registered under the Juvenile
Justice Act, it can accommodate children till the age of 18 years only.
2. Tara
Homes approached Muskaan which is implementing the GHARAUNDA scheme of National
Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities at MPCC, Dera Complex where Sh. Vinay
could spend his entire life. National
Trust also directed Muskaan to admit Sh. Vinay under the GHARAUNDA Scheme. After
all the documents were completed, Muskaan informed that he could not be
admitted in Dera as the lease of MPCC for Dera Complex had expired in June
2017.
3. CWC
also directed Tara Homes to contact Chief Commissioner for persons with
disabilities and the organization also requested Secretary, Department of
Disability Affairs. Despite all these
efforts, they were not able to find any place for Sh. Vinay to stay in
Delhi.
4. While
forwarding the representation to this Court, Chief Commissioner for Persons
with Disabilities advised Tara Homes to pursue the matter with this Court.
5. The
representatives of Tara Homes appeared before me on 17.11.2018 and informed
that Sh. Vinay and his elder sister were abandoned by their father and there
was no one to take their care. His
sister is working with an NGO and is also pursuing her studies. She has been
appointed legal guardian of Sh. Vinay Gupta under the National Trust Act.
6. This
Court requested Department of Social Welfare, Govt. of NCT of Delhi to provide
suitable Home for Sh. Vinay Gupta as he needed a permanent place to stay and
not a school vide letter dated 20.12.2018.
Simultaneously, National Trust and some other organizations were also
contacted if some arrangement could be made for the stay and care of Sh.
Vinay. But there is no facility in the
Govt. Sector or in any NGO where Sh. Vinay could stay in NCT of Delhi or
NCR. Finally Vatsalya Gram, Mathura,
Vrandavan Road agreed to admit Sh. Vinay.
Tara Homes were accordingly informed and advised to admit him there vide
letter dated 04.01.2019.
7. Vide
email dated 29.03.2019, Ms. Basanti K. Roublin, Program Manager, Tara Homes
informed that Sh. Vinay Gupta has been admitted to Vatsalya Gram, Mathura on
26.03.2019 where all his needs were being met and his dignity preserved. This Court also contacted his sister Ms.
Sakshi who is working in an NGO and also studying.
8. Another
case of a person with disability (Sh. Pappu) who has lost his both legs and one
arm and is without proper shelter and family support except his ailing 80 year
old mother living in Rithala, was also brought to the notice of the State
Commissioner on 09.04.2019 by two students of MSW in Delhi University. Although efforts were made by Social Welfare
Department to accommodate him in Cheshire Home Okhla, Delhi yet the students
informed that Sh. Pappu and his mother were not prepared to relocate to
Okhla. Many other persons with
disabilities who have no family/ community support also stay in night shelters,
near temples, under the flyovers, pavements, etc.
9. As
Sh. Vinay Gupta was admitted to Vatsalya Gram on the advice and the
recommendation of this Court, it was considered appropriate to visit and see
his condition, the arrangements for his stay, care, skill training etc. and
overall development before disposing of the case and making any
recommendations.
10. During
my visit to Vatsalya Gram, I found excellent facilities and arrangements for stay,
education, skill training, care and overall development of abandoned children
and adults including persons with disabilities.
The organisation has schools, a rehab centre, skill training facility,
etc. within the campus. Those who wish
to go for higher education can do so and it is funded by the organization or
sponsored by donors. These residents,
majority of whom are girls and women, are kept in a family environment.
11. It
is the responsibility of the state under Article 41 of the Constitution to make
effective provision for securing the right to public assistance in case of
disablement. Public assistance in such
cases is essential for a life with dignity. Such assistance for stay, care, education and
other support systems should be available in NCT of Delhi itself for residents
with disabilities of Delhi who are abandoned and have no family or community support. It is not a happy situation to send such
persons to other states.
12. Hon’ble Supreme Court has held that “the
right to life enshrined in Article 21 cannot be restricted to mere
animal existence. It means something
much more than just physical survival.” Its reflection is clearly visible in the provisions made under Section 24 of the Rights of Persons with Disabilities Act, 2016
(the Act) on Social Security which requires the appropriate
Govt. to formulate necessary schemes and
programmes to safeguard and promote the
rights of persons with disabilities for adequate standard of living to enable them to
live independently or in the community. It mandates that the
quantum of assistance to persons with disabilities shall be at least 25%
higher than the similar schemes applicable to others. Sub Section (3) (b) of Section
24 of the Act specifically requires that the social
security schemes shall provide for “facilities for persons including children with disabilities who have no family
or have been abandoned or without shelter or livelihood.”
13. In
view of the provisions in the Constitution and the Act, proper facilities
catering for food, shelter, care, education/skill training, health and rehab
facilities of reasonable standard must be developed and promoted by the Govt of
NCT of Delhi to ensure that every abandoned person with disability who has no
family and place to stay in the community is provided all these facilities and
a reasonable standard of living which are essential to ensure his /her right to
life.
14. Such
facilities can be developed initially on a smaller scale by the Govt. of NCT of
Delhi and can be run jointly with some good NGOs working in the social sector having
relevant experience. It will also
mitigate the problem of begging by such persons considerably, if not finish it.
15. In
light of the above, following recommendations are made:
(i) Create a facility for food,
stay, care, education, skill training and rehabilitation of abandoned persons
with disabilities in Delhi to ensure that they live a life of dignity within a
period of one year from the date of receipt of this order.
(ii) The Homes for children/abandoned
persons being run by Govt. of NCT of Delhi or NGOs in Delhi should be asked to
ensure admission of children with disabilities and provide for support systems
and the facilities necessary for them. This should be made one of the mandatory
conditions for registration and permission to run such Homes in NCT of Delhi in
order to promote and ensure inclusiveness.
16. Given
under my hand and seal of the Court this 13th day of May, 2019.
(T.D.
Dhariyal)
State Commissioner for Person with Disabilities
Copy to:
1.
Secretary, Department of Women
and Child Development, Government of NCT of Delhi, 1, Canning Lane (Pandit Ravi
Shankar Shukla Lane), Near Bharatiya Vidya Bhavan Bus Stop, Kasturba Gandhi
Marg, New Delhi - 110 001.
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