Showing posts with label Accessibility in Police Stations. Show all posts
Showing posts with label Accessibility in Police Stations. Show all posts

Thursday, October 17, 2019

Sh. Pradeep Raj Vs. DCP (North East District) | Case No. 974/1141/2019/06/6712-6713 | Dated: 16.10.2019




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, Email: comdis.delhi@nic.in
(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