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. 1106/1011/2019/09/6626-6628
Dated: 15.10.2019
In the matter of:
Suo-Motu
Versus
Medical Superintendent
Babu Jagjivan Ram Memorial Hospital (BJJRM Hospital)
E-Block Bhalsawa Jahangir Puri
North-west Delhi. ………..Respondent no.1
The Principal Secretary
Public Works Department
5th Level, B-Wing, Delhi Secretariat
New Delhi -110002. ........Respondent No.2
Date of hearing: 14.10.2019
Present: Dr.
C.S. Bhogal, D.M.S. (HR) on behalf of respondent.
ORDER
Dr. Yogesh Tekwani, a
person with 52% locomotor disability brought to the notice of this Court vide
his email dated 14/08/2019 that the door
of disabled friendly toilet which is located at OPD Block of Babu Jag Jevan Ram
Memorial Hospital Jhangirpuri was broken.
2. This
Court decided to depute a team of two functionaries of this Court to visit the
hospital on 02.09.2019. The inspecting team found that the hospital has
incorporated accessible features in the building but these do not meet the prescribed
accessibility standards. Some examples are mentioned below:
(i) there
is no designated parking for persons with disabilities;
(ii)
No signages were available in the entire hospital to direct persons with
disabilities to various facilities including the Disability Board;
(iii) Grab bars were not available in the disabled friendly toilet;
(iv)
No electricity Connection was available in the disable friendly toilet;
(v)
OPD block does not have proper access for wheelchair users;
(vi) Drinking water facilities were not
accessible;
(vii)
Tactiles are not provided inside or outside in the entire hospital;
3. Inspection
team also observed that a room was allotted to the Disability Board at the end
of the hospital to issue the Disability Certificates, which is far away from
the main entrance and has many barriers on the way. There was no ramp at
entrance of the disability board room. A person with locomotor disability with
an artificial lower limb had a lot of difficulty in reaching the Disability
Board room due to absence of signages and obstruction on the way.
4. As
per status report submitted by PWD in suo-motu case no.4/1665/2017-Wel/CD, the
said hospital was to be made fully accessible by August 2019.
5. Rule 15 of the Rights of Persons with
Disabilities Rules, 2017 notified by Ministry of Social Justice and Empowerment
(Department of Empowerment of Persons with Disabilities) vide notification
dated 15.6.2017 provides that the standard for public buildings as specified in
the “Harmonised Guidelines and Space Standards for Barrier free Built
Environment for Persons with Disabilities and Elderly Persons” issued by the
Government of India, Ministry of Urban Development in 2016 shall be complied by
every establishment.
6. Section
45 and 46 of the Rights of Persons with Disabilities Act, 2016 (the Act)
provide for the time limit of 5 years and 2 years from the date of notification
of the rules under Section 40 of the Act respectively for making “public
buildings” and “facilities and services” accessible for persons with
disabilities i.e by 15th June, 2022 and
15th June, 2019.
7.
The State Commissioner for persons
with Disabilities, Govt. of NCT of Delhi is mandated to inquire suo motu or
otherwise deprivation of the rights of persons with disabilities and safeguards
available to them and to monitor implementation of the provisions of the Act
and take up with the appropriate authorities for corrective action u/s 80 of
Act.
8. Therefore
the respondents were directed to submit the reasons for not providing
accessible facilities to persons with disabilities in and around the hospital and
their version of the case and a hearing was scheduled on 14.10.2019 vide notice
to Show-Cause-Cum-Hearing Notice dated 09.09.2019.
9. During
the hearing on 14.10.2019, Dr. C.S. Bhogal, DMS (HR), Babu Jagjivan Ram
Memorial Hospital (BJJRM Hospital) appeared and submitted a letter dated
11.10.2019 of Dr. Pratibha Nanda, Medical Superintendent of the hospital. As per the said letter, the SCN-Cum- Hearing
Notice was forwarded to PWD authorities (both Civil & Electrical) and the
replies received from AE(Civil), PWD and AE(Electrical), PWD have been enclosed.
9. Sh.
Anil Kumar, AE(Civil), PWD Jahangirpur vide letter dated 10.10.2019 has informed
that all the works mentioned in Para 2(i) to (vii) of the SCN-Cum- Hearing
Notice dated 09.09.2019 are being undertaken under the Accessible India
Campaign(Sugamaya Bharat Abhiyan). The
work is in progress and is likely to be completed by 31.12.2019.
10. The
AE(Electrical), PWD HN-2, NJRM Hospital, Jahangirpur vide his letter dated
21.09.2019 has submitted that Point No. 2(iv) raised as observation regarding
electricity connection in the disabled friendly toilet has been
addressed by making electrical connection in the above said toilet.
11. In
view of the above status report, the
concerned Chief Engineer(Health Zone) PWD is directed to ensure incorporation
of all the accessible features in the hospital in accordance with 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 in 2016 by 31.12.2019.
12. Respondent No. 1 is also advised to
ensure monitoring of the works that the same is done in accordance with the
prescribed standards mentioned above.
13. An
action taken report in this regard be sent to this Court within three months
from the date of receipt of this order as required under Section 81 of the Act
which is reproduced below:
“Whenever the State
Commissioner makes a recommendation to an authority in pursuance of clause (b)
of section 80, that authority shall take necessary action on it, and inform the
State Commissioner of the action taken within three months from the date of receipt
of the recommendation:
Provided that where an
authority does not accept a recommendation, it shall convey reasons for
non-acceptance to the State Commissioner for Persons with Disabilities within
the period of three months, and shall also inform the aggrieved person.”
14. The case is disposed of.
15. Given under my hand and the seal of the
Court this 15th day of October,
2019.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
Copy to the Pr. Chief
Engineer, Health Zone, 2nd Floor, MSO Bldg. ITO, New Delhi-110002
for further necessary action.
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