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. 974/1141/2019/06/6712-6713 Dated: 16.10.2019
In the matter of:
Sh. Pradeep Raj (General
Secretary),
Association for Disabled People
Basti Vikas Kendra, F-1,
Sundari Nagri,
Delhi-110095. …………..Complainant
Versus
The Deputy Commissioner of
Police,
(District North East)
Police Station Seelampur,
New Delhi -110053 ………….Respondent
Date of hearing: 11.10.2019
Present: Anand
Kumar Mishra, ACP and Sh. Awatar Singh, SHO on behalf of respondent.
ORDER
The
above named complainant, a person with 80% locomotor disability in both lower
limbs vide his letter dated 30.05.2019
inter-alia submitted that the Association for the Disabled People which is
registered and is a self help group working for the welfare of the persons with disabilities in Delhi for the
last 15 years. The association has its office in Basti Vikas Kendra, F-1, Sunder
Nagri allotted by DUSIB. All the members of the association are
persons with disabilities and persons with disabilities visit the office from
all over Delhi. On 27.05.2019 Sh. Rohit,
a relative of Sh. Sonu, a guard in the Office of the Association was attacked
with a knife by a drug addict. The
incident was reported to the police on 100 number. Sh. Rohit was taken to GTB Hospital and was
sent back after first aid but the police did not take any further action nor
did they lodge any FIR.
2. Sh.
Rohit filed his complaint in Police Station Nand Nagri and the complainant also
wrote a complaint in his letter head which was not accepted by the police. After he called DCP, ACP called him and some
police personnel personally came around 9.00 PM at the site and they caught four
drug addicts but none of them was the
person who attacked Sh. Rohit and the police locked all of them. Complainant
further submitted that the iron fencing around the Basti Vikas Kendra has
already been stolen by the drug addicts.
Two other rooms of Basti Vikas Kendra which were allotted to Navyuvak
Lok Kalyan Samiti and Progress India Sanstha, are closed for the last one year and five years respectively. Because of their negligence, windows and doors were stolen. There were number of cases of theft and as
per the complainant, the police did not take any action. Complainant also alleged that the majority
of the police officers are insensitive towards the persons with disabilities and
misbehave with them. Further majority of the offices and Police stations are
not disabled friendly. The office of the ACP (Nand Nagri) is also on the first
floor. The complainant sought the
following relief:
(i)
Action should be taken
against the drug addicts and the thieves under the Rights of Persons with
Disabilities Act, 2016 (the Act) and FIR should be lodged against them.
(ii)
The Police patrolling near
Basti Vikas Kendra should be increased and if possible a police post should be
set up.
(iii)
All the Police Stations,
Offices of the ACsP and DCsP in Delhi should be made accessible for persons
with disabilities and priority should be given to the complainants with persons
with disabilities. Police functionaries
should be made aware about the Act and accessibility.
3. The
complaint was taken up with the respondent vide letter dated 19.06.2019
followed by reminder dated 05.08.2019 for comments. As there was no response, a hearing was
scheduled on 03.10.2019. However, none
appeared. The parties were directed to
appear for hearing /submit comments by 11.10.2019 failing which it would be
presumed that they have nothing to say in the matter and the complaint would be
disposed of ex-parte.
4. Sh.
Rajendra Prasad Meena, Addl. Dy. Commissioner of Police, North East District
informed vide letter dated 09.10.2019 informed that appropriate action against
the SHO and ACP, Nand Nagri is being taken for not attending the hearing on
03.10.2019 and they have been directed to appear on 11.10.2019 and submit the report
and apprise the facts.
5. On
11.10.2019 also as the complainant did not appear, he was contacted on his
given mobile. But his mobile was not
reachable for long and there was also no intimation about his inability to
attend hearing.
6. Sh.
Anand Kumar Mishra, ACP, Nand Nagri North East District and Sh. Awatar Singh,
SHO, Nand Nagri appeared and submitted a report which reads as under:
“SUBJECT-REPORT REGARDING SUMMONS ISSUED TO APPEAR U/S-82 RPwD Act,
2016.
Kindly refer to your office
letter No.18744-46/Legal Cell/NED dt. 05/09/2019 on the subject cited above.
It is most respectfully
submitted that complaint of Vijay Kumar Rajpoot was received in PS-Nand Nagri,
Delhi and the same was entrusted to HC-Bijender No.667/NE. During enquiry HC Bijender found that a
compliant of Rohit Kumar, S/o Lt. Vedpal R/o Vill-Chausana, Distt. Shamli, U.P.
regarding assault on complainant by drug addicts was entrusted to him. On the same the HC conducted that enquiry and
contacted the complainant who told that he got medical treatment from GTB
Hospital and doesn’t know the assailants.
He further stated that he doesn’t want any further action. His statements were recorded and the same
complaint was filed on the basis of his statements.
Report regarding the points
mentioned by the complainant is:-
1. Delhi police staff is very sensitive towards dealing with
the persons of physical disabilities.
Regular briefing in this regard is done bv SHO Nand Nagri and other
higher authorities.
2. PS-Nand Nagri structure is suitable for the persons with
physical disabilities along with Ramp and facilitation desk on the ground
floor. Even ACP Nand Nagri provides
suitable help to such persons by personally meeting them on facilitation desk
if required.
3. If any PCR call regarding physically disabled persons is
received in PS-Nand Nagri legal action is taken as per law immediately.
4. SHO Nand Nagri has directed the beat and division staff
to make halting point at the place of incident i.e. Basti Vikas Kendra, F-1
Sunder Nagri to maintain law and order, to secure the security/safety and
confidence of the residents.
5. In all Police Stations, ACP office, DCP Office all police
persons are briefed towards sensitive approach for physically disabled peoples. DCP/NE also conducts Sampark Sabha on monthly
basis in which detailed briefing is done by Worthy/DCP for helping and hearing
of physically disabled persons and quick disposal of complaints regarding
physically disabled person.
Submitted
please.
Sd/-
10/10/19
SHO/NAND NAGRI
It is further submitted
that, suitable action has been taken. No
further complaint is received in Police Station after that. Police vigil is increased in the area by
patrolling by beat staff / motor cycle, ERV staff. The staff has been sensitised on the rights
of the persons with disabilities. The
SHO further stated that he is personally monitoring the vigil.”
Sd/-
11/10/19
SHO/NAND NAGRI
7. While
the allegations that the Delhi Police officers are not sensitive towards persons
with disabilities and the Police Stations and Delhi Police Offices are not
disabled friendly cannot be generalised, there is indeed a need for creating
awareness about the provisions of the Rights of Persons with Disabilities Act,
2016 particularly with regard to the duties of the Police Officers as given
under Section 7 and Section 92 of the Act which provides for punishment for offences of atrocities like intentionally insulting, intimidating, humiliating, assaulting or using force to any person with disability with
intent to dishonour him or outrage the modesty of a woman with disability, being
in a position to dominate the will of a child or woman with disability and
using that position to exploit her
sexually.
8. Similarly
there may be need to make the built environment including Police Stations and
offices accessible but it cannot be said that all of them are inaccessible. In this regard, this Court had taken a cognizance of inaccessible built
environment and transport in NCT of Delhi and taken up the matter with all the
concerned authorities responsible for construction / maintenance of the
buildings and other built infrastructures in July 2017 . 14 Departments of GNCT of Delhi and local authorities are
respondents in that Suo-Motu case and action plans to make the existing
buildings / built facilities including the Police Stations have been drawn by
the respective authorities and appropriate directions to make them accessible
by 15th June 2022 as required under the Act have already been
given.
9. I
expect and hope that all the Offices / Police Stations of Delhi will also be made
accessible as per the action plans drawn by the concerned authorities and accordingly,
the following recommendations are made:
(i)
Workshops / sensitisation programmes
for the officers /staff of District North East should be conducted on creation
of awareness about the provisions of the Rights of Persons with Disabilities
Act, 2016 and sensitisation of functionaries of Delhi Police from time to time.
(ii)
All concerned be made aware
about the directions of the Commissioner of Police, Delhi vide Circular No.
28/2017 dated 25.10.2017. A copy of the said Circular was handed over to the
ACP / SHO, Nand Nagri, North East District during the
hearing.
(iii)
DCP, North East District
should monitor implementation of the action plan in respect of the Police
Stations of his district for making them accessible for the persons with
disabilities.
9. The
case is disposed of.
10. Given
under my hand and the seal of the Court this 16th day of October, 2019.
( T.D. Dhariyal )
State Commissioner for Persons with
Disabilities
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