Case No. 2552/1101/2022/04/5783-5846 Dated: 30-06-2022
In the matter of :
SUO-MOTU regarding accessibility to Hospitals ....Petitioner
Versus
As per enclosed list (65 respondents) ..........Respondents
ORDER
Several complaints were received in this Court wherein it was brought to the notice by several persons with disabilities about difficulty with respect to ‘Accessibility’ to hospitals in NCT of Delhi for receiving treatment/healthcare. There are many obstructions/barriers/ encroachments by squatters/ vendors/ illegal parking etc. at the entrance of several hospitals. Local Bodies, Local Police and Traffic Police besides the hospital authorities are responsible for providing easy and safe accessibility to PwDs as per the RPwD Act, 2016 which is also true for general public mainly for senior citizens, women and children.
2. Section 25(1)(b) of the RPwD Act, 2016 mandate that the appropriate Government and local authorities shall take necessary measures for the PwDs to provide “barrier-free access in all parts of Government and private hospitals and other healthcare institutions and centres.”
3. It is the duty of all the road owning agencies, traffic police and local police including the hospital authorities to make entrance to all hospitals encroachment free including removal of all illegal parking. All entry and exit points of hospitals have to be declared “No Hawking and No Vending zones with Zero Tolerance towards any type of blockage to accessibility.
4. It has been often seen that in and around of several hospital premises, besides entrances are crowded/blocked with relatives, caregivers and attendants of patients who are unable to afford boarding and lodging being poor or from the BPL category.
5. Section 80 (b) of the Act provides that State Commissioner shall inquire, suo motu or otherwise deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action.
6. A suo motu cognizance was taken under Section 80 of the Act and the respondents were accordingly directed to show cause vide notice dated 04.07.2022 followed by reminders dated 11.05.2022 and 27.05.2022 as to why the existing built environment meant for public use in the National Capital Territory of Delhi should not be made fully accessible and made completely encroachment free for persons with disabilities as mandated in the Act, the Rules and the guidelines.
7. Inspite of reminders, some authorities/hospitals did not respond which includes the civic authorities like MCD, PWD. This Court has taken a very serious view of it. Attention of all concerned is invited to Provision of Section 93 of the Act which is reproduced below:-
93. “Whoever, fails to produce any book, account or other documents or to furnish any statement, information or particulars which, under this Act or any order, or direction made or given thereunder, is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this Act or of any order, or direction made or given thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day, of continued failure or refusal after the date of original order imposing punishment of fine.”
8. In response to the instant Suo Motu & show cause notice, most of the hospital authorities have responded that Accessibility for PwDs inside the hospital premises are being maintained and various other services are also being provided to facilitate PwDs. Helpers also have been deputed on the entry/exit gates of the hospital to help the PwDs. However, with respect to encroachment on footpaths in front of the hospitals and surrounding areas of the hospital, civic authorities/police authorities are responsible to remove it and the hospital authorities are continuously writing to these authorities for removing the illegal encroachment. Concerned civic authorities and police authorities have been repeatedly requested to remove illegal squatters/vendors.
9. Police/Traffic Police authorities replied that during last year i.e. in 2021, a total 14,617 e-challans & 34,729 VoCA(Violation on Camera App.) notices were issued and during current year, 4096 e-challans and 11,700 VoCA notices were issued till 20.04.2022 against the violators in front of Essential Service i.e Primary Health Centres, Civil Hospitals, Schools, Railway Stations and Bus Stops . The Road Safety programmes for sensitising other stakeholders like Bus- Drivers, commuters, students and other road user etc. regarding the captioned matter would be done by the Road Safety Cell of Delhi Traffic Police. Further, Delhi police Including Delhi Traffic Police will ensure that accessibility of the Persons with Disabilities would be barrier free. Moreover, it is pertinent to mention here that Delhi Police regularly writes letters to Civic Agencies to remove encroachment from the footpaths and carries out Joint Drives on regular basis for removal of encroachment.
10. This court did carry out survey of some of the hospitals and it was observed that entrance and exist points were not fully accessible and the footpaths around the hospitals were encroached by vendors and hawkers etc. and vehicles were also parked on the footpaths, blocking right of way for PwDs & others as well.
11. It is also brought to the notice of all that In pursuance of the provisions of the above-mentioned Sections, Department of Law, Justice & Legislative Affairs, vide notification No.1/19/2018-Judl/.Supdtlaw dated 19.08.2019, has designated the Court of Additional Sessions Judge-02 in each District within the jurisdiction of Delhi as Special Court to try the offences under the RPwD Act, 2016. Also, Department of Home, vide notification No.8/237/2019/HP-II/4610-4623 dated 28.11.2019, had conferred the powers of Special Public Prosecutor under the Act upon each of the Additional Public Prosecutors attached with the Courts of ASJ-02/Special Courts/Designated Courts, designated as Special Public Prosecutor to deal with cases under RPwD Act, 2016.
12. It is stressed that accessibility is one the major components of the RPwD Act, 2016 which needs to be implemented in true letter and spirit. The implementing agencies should work towards this aspect diligently and in a time bound manner.
13. There is no doubt that Civic Agencies have to play the most vital role in making this barrier and encroachment free environment for Persons with Disabilities in a time bound manner. Keeping in view the replies by the hospital authorities and the current state of affairs on ground zero, following recommendations are made:-
(i) Implementing the “Accessibility aspect with reference to RPwD Act, the Civic authorities need to refresh the time line, as earlier one fixed on 15th June 2022, has expired. It is felt that an extension of 45 days i.e. 30th July 2022 should be the effective date vide which all civic bodies, MCD, PWD, NDMC, Delhi Cantonment Board, DUSIB etc. are not confirm compliance to this Court. It is to make sure that all encroachments are removed from the approach roads and entrance of all the Hospitals in NCT of Delhi and thereafter this exercise need to be repeated for all public places such as markets, Malls, Cinema Halls, Places of Worship etc.
(ii) Inspections at random shall be carried out by SCPD to assess the accessibility outside hospitals and removal of encroachments. Deputy Commissioner of the concerned District of MCD will organize the joint inspection at appropriate places at the given date, time & place by this Court. He will personally ensure the presence of the concerned Ex, Engineer, AE, JE of MCD/PWD, SHO, Traffic Police personnel and other concerned authority at the inspection spot.
(iii) The area/footpath etc. outside Hospital is to be taken care by civic authorities but at the same time, Hospital authorities should continuously monitor the work for barrier free accessibility to PwDs in respective hospitals.
(iv) Hospital authorities apart from writing to civic authorities should follow up them regularly to keep the Hospital entrance and exit encroachment free at all times, through security guards of the hospitals to facilitate the PwDs.
(v) Department of Social Welfare/DUSIB should try to increase the number of Rain Baseras and should also explore the possibility of shifting the people from around the Hospital premises to the Rain Basera. DUSIB should help people with proper accommodation, toilets etc. and area should also be earmarked for charity (Food Distribution). They should also try to make a temporary arrangement for stay for the attendants/ caregivers/relatives of the patients admitted in the hospitals.
13. This court be informed of the action taken by all the concerned respondents within 3 months from the date of receipt of this order as required under Section 81 of RPwD Act, 2016.
14. Given under my hand and the seal of the Court this 4th day of June, 2022.
List of Respondents in Case No. 2552/1101/2022/04
1. The Commissioner of Police, GNCT of Delhi, 2nd Floor, MSO Building Police Headquarter, ITO Delhi-110002
2. The Special Commissioner of Police (Traffic), 3rd Floor, Tower-1, Delhi Police Headquarters, Jai Singh Road, New Delhi – 1100001. (Email- splcp-traffic-dl@nic.in).
3. The Commissioner, South Delhi Municipal Corporation, 9th Floor, Dr. S.P.M. Civic Centre, JLN Marg,New Delhi -110002.
4. The Commissioner ,North Delhi Municipal Corporation, 4th Floor, Dr. S.P.M. Civic Centre, JLN Marg, New Delhi -110002
5. The Commissioner, East Delhi Municipal Corporation,419, Udyog Sadan, Patparganj Industrial Area, Delhi -110096
6. The Chief Executive Officer, Delhi Urban Shelter Improvement Board, GNCT of Delhi, Punarwas Bhawan, I.P. Estate, New Delhi-110002.
7. Engineer-in-Chief, PWD, 12th Floor, MSO Building, I. P.Estate, New Delhi: 110002.
8. The Medical Superintendent / Director, Aruna Asaf Ali Govt Hospital, 5, Rajpur Road, Govt of NCT of Delhi, Delhi -110054.
9. The Medical Superintendent / Director, Acharyaashree Bhikshu Hospital, Moti Nagar, Delhi 110015.
10. The Medical Superintendent / Director, Attar Sain Jain Hospital, Lawarence Road, New Delhi 110035
11. The Medical Superintendent / Director, Dr Baba Saheb Ambedkar Hospital, Govt of NCT of Delhi, Sector-6, Rohini, Delhi 110085.
12. The Medical Superintendent / Director, Bhagwan Mahaveer Hospital H-4, 5 Pitam Pura, Delhi 110034.
13. The Medical Superintendent / Director, Babu Jagjivan Ram Hospital Jahangir Puri, New Delhi 110033
14. The Medical Superintendent / Director, Central Jail Hospital Jail Road, Hari Nagar, New Delhi 110064
15. The Medical Superintendent / Director, Chacha Nehru Bal Chikitsalaya Govt of NCT of Delhi, Geeta Colony, New Delhi 110031.
16. The Medical Superintendent / Director, Dadadeb Mother & Child Hospital Nasirpur near Dabrimore Janakpuri, New Delhi 110018.
17. The Medical Superintendent / Director, Deen Dayal Upadhyay Hospital Hari Nagar, New Delhi 110064.
18. The Medical Superintendent / Director, Delhi State Cancer Institution Dilshad Garden Delhi 110095.
19. The Medical Superintendent / Director, Dr Hedgewar Arogya Sansthan Karkardooma, Delhi 110032.
20. Medical Superintendent / Director, Dr N.C.Joshi Hospital Joshi Road, Karol Bagh, New Delhi 110005
21. The Medical Superintendent / Director, Guru Nanak Eye Center Maharaja Ranjit Singh Marg, New Delhi 110002
22. The Medical Superintendent / Director, Govind Ballabh Pant Hospital(G.B.P.H) Jawahar Lal Nehru Marg, Delhi 110002
23. The Medical Superintendent / Director, Guru Govind Singh Govt Hospital Raghubir Nagar, New Delhi 110027
24. The Medical Superintendent / Director, Chaudhary Brahm Prakash Ayurved Charak Sansthan Vill. Khera Dabar, Najafgarh, New Delhi 110073.
25. The Medical Superintendent / Director, Nehru Homeopathic Medical College B- Block, Defence Colony, New Delhi-24
26. The Medical Superintendent / Director, B.R.Sur Homeopathic Medical College Nanakpura, Moti Bagh, New Delhi 110021.
27. The Medical Superintendent / Director, Ayurvedic & Unani Tibbia College & Hospital Ajmal Khan Park, Karol Bagh, New Delhi-110005.
28. The Medical Superintendent / Director, Health Centre Cum Maternity Hospital Kanti Nagar, New Delhi 110051.
29. The Medical Superintendent / Director, Jag Parvesh Chander Hospital Shastri Park, New Delhi 110031
30. The Medical Superintendent / Director, Sanjay Gandhi Memorial Hospital Mangol Puri, New Delhi 110083
31. The Medical Superintendent / Director, Satyawadi Raja Harish Chandra Hospital Narela, New Delhi 110040
32. The Medical Superintendent / Director, Sardar Vallabh Bhai Patel Hospital Govt of N.C.T of Delhi, East Patel Nagar, Delhi 110008
33. The Medical Superintendent / Director, Rao Tula Ram Memorial Hospital Jaffar Pur, New Delhi 110073
34. The Medical Superintendent / Director, Rajiv Gandhi Super Speciality Hospital Govt of N.C.T of Delhi, Tahirpur, New Delhi 110064
35. The Medical Superintendent / Director, Poor House Hospital Beggers Home G.T.B Nagar, New Delhi 110009
36. The Medical Superintendent / Director, Maulana Azad Institute of Dental Sciences M.A.M.C.J.L Nehru Marg, New Delhi 110002
37. The Medical Superintendent / Director, Pt. Madan Mohan Malviya Hospital Malviya Nagar, New Delhi 110017
38. The Medical Superintendent / Director, Maharishi Balmiki Hospital Pooth Khurd, New Delhi 110039
39. The Medical Superintendent / Director, Lok Nayak Hospital Jawahar Lal Nehru Marg, New Delhi 110002
40. The Medical Superintendent / Director, Lal Bahadur Shastri Hospital(L.B.S) Khichri Pur, New Delhi 110091
41. The Medical Superintendent/Director, Janakpuri Super Speciality Hospital C-2B, Janakpuri, New Delhi 110058
42. The Medical Superintendent / Director, Institute of Human Behaviour and Allied Sciences (I.H.B.A.S) Shahdara, New Delhi 110095
43. The Medical Superintendent / Director, Institute of Liver and Biliary Sciences(I.L.B.S) Vasant Kunj, New Delhi 110057
44. The Medical Superintendent / Director, Guru Teg Bahadur Hospital(G.T.B.H) Shahdara, New Delhi 110095
45. The Medical Superintendent / Director ,Maharishi Valmiki Infectious Diseases Hospital (MVID), Kingsway Camp, New Delhi-110009.
46. The Medical Superintendent / Director, Rajan Babu Institute of Pulmonary Medicine & Tuberculosis, Guru Teg Bahadur Nagar, Kingsway Camp, New Delhi – 110009.
47. The Medical Superintendent / Director, Hindu Rao Hospital, Malka Ganj, Delhi-110007.
48. The Medical Superintendent / Director, Kasturba Hospital, Near Jama Masjid, Daryaganj, Delhi-110002
49. The Medical Superintendent / Director, Girdhari Lal Maternity Hospital Ajmeri Gate, Near Police Station, Kamla Market Delhi - 110006
50. The Medical Superintendent / Director, Swami Dayanand Hospital, Shahdara North Zone, C-Block, Dilshad Garden, Delhi- 110095
51. The Medical Superintendent / Director, Shyama Prasad Mukjerjj Chest Hospital, 146, Patparganj Rd, Patparganj, MayurVihar, New Delhi, Delhi 110091
52. The Medical Superintendent / Director, PoornimaSethi Multi Speciality Hospital, Dd Block, Kalkaji Road, Kalkaji, near Nehru Place Sub Post Office, New Delhi, Delhi 110019
53. The Medical Superintendent / Director, SDMC Lajpat Nagar Colony Hospital, Veer Savarkar Marg, Block L, Lajpat Nagar II, Lajpat Nagar, New Delhi, Delhi 110024
54. The Medical Superintendent / Director, SDMC's Mata Gujri Hospital, Tilak Nagar, New Delhi-110018.
55. The Medical Superintendent / Director, Safdarjung Hospital, Ansari Nagar East, near to AIIMS Metro Station, New Delhi, Delhi 110029
56. The Medical Superintendent / Director, PGIMER Dr. Ram ManoharLohia Hospital, Baba Kharak Singh Rd, near Gurudwara Bangla Sahib, Ram Manohar Lohia Hospital, Type III, Connaught Place, New Delhi-110001
57. The Medical Superintendent / Director, Lady Hardinge Medical College & Smt. SuchetaKriplani Hospital Shaheed Bhagat Singh Marg, DIZ Area, Connaught Place, New Delhi, Delhi 110001
58. The Medical Superintendent / Director, Kalawati Saran Children’s Hospital, C- 604, Connaught Circus, Bangla Sahib Rd, DIZ Area, Connaught Place, New Delhi, Delhi 110001
59. The Medical Superintendent / Director, National Institute of Tuberculosis and Respiratory Diseases, Sri Aurobindo Marg Near Qutub Minar, Mehrauli, New Delhi, Delhi 110030
60. The Medical Superintendent / Director, All India Institute of Medical Sciences (AIIMS), Sri Aurobindo Marg, Ansari Nagar, Ansari Nagar East, New Delhi, Delhi 110029
61. The Medical Superintendent / Director, Vallabhbhai Patel Chest Institute, University of Delhi, Vijay Nagar Marg, Art Faculty, University Enclave, New Delhi, Delhi 110007
62. The Medical Superintendent / Director, ESI HOSPITAL, Basai Darapur, New Delhi, Delhi 110015
63. The Medical Superintendent / Director, ESIC Hospital, Okhla, Maa Anandmayee Marg,Okhla Ph-I,, Delhi-110020
64. The Medical Superintendent / Director, ESIC Hospital, Dr KN Katju Marg, Opp HP Petrol Pump, Sector 15, Sector 15A, Rohini, New Delhi, Delhi 110089
65. The Medical Superintendent / Director, ESIC Hospital, Jhilmil, Block D, Jhilmil Colony, Delhi, 110095.
